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06-1204_S. PARKER ENGINEERING INC._Construction Contract RECORDED AT REQUEST OF AND Recorded in Official Records, Orange County RETURN TO: Tom Daly, Clerk-Recorder City of San Juan Capistrano 1111111 illllltllllllll llllllllll lllllllllllllll lliil VIII IIIIIIIIIIIIII IIII NO FEE City Clerk's Office 32400 Paseo Adelanto 2007000098240 08:55aM 02114107 San Juan Capistrano, CA 92657 212 50 N12 1 RECORDING FEES EXEMPT DUE TO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to S. Parker Engineering, Inc. of Costa Mesa, CA for the construction of the San Juan Creek Waterline Crossing at Via Estenaga. That said work was completed on December 4, 2006, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, 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 6th day of February, 2007, by Resolution No. 07-02-06-03. That upon said contract, First National Surety was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 6th day of Febru ry,A 007. rg et R. Monahan, City Clerk ity o 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 1) 1 have read the foregoing document and know the contents thereof, and the facts therein state are true of my own knowledge; 2) 1 declare the forgoing is true and correct; and 3) 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 7th day of February, 2007. � v arg ret R. Monahan, City Clerk City o San Juan Capistrano CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 20th day of June, 2006, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and S. PARKER ENGINEERING, INC., 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 C p SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-1 V S® ATTACHMENT 2 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: San Juan Creek Waterline Crossing at Via Estenaga as delineated in the Plans and Specifications prepared by RBF Consulting, Inc., dated April, 2006. Work to include: the installation of a 12" I.D. high density polyethylene (HDPE) pipe under San Juan Creek using horizontal directional drilling techniques. Connection to existing cast iron pipes at both ends of the project will be accomplished using conventional open cut methods. Landscape restoration in these areas is also included, and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: 14" Waterline Creek Crossinq at Via Estenaga. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-2 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. 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) work 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 which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused CITY Of SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA 8-3 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; 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, CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-4 Section 9. Chances in Proiect. 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: 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-5 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 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. Section 10. Liquidated Damages for Delay. 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 One Thousand Seven Hundred Dollars and No Cents ($1700.00) per day, as liquidated damages, and CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-6 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 sum of Two Hundred Ninety Five Thousand Two Hundred dollars and no cents ($295,200) as itemized on the attached 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 payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-7 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA 13-8 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 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: CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-9 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 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-10 • i 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' 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-11 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. 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: CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-12 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 $1,000,000 aggregate, separate basis for this project. Automobile liability, including $1,000,000 per occurrence non-awned 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-13 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-14 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 SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA 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 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 SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-16 To Contractor: Steve T. Parker S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA, 92626 CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA g_17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPIS ANO r By 2, , Swe lin, Mayor S.PARKEERR ENGINEERING, INC. By: Xlev President ATTEST: By: 'tw4ct---� I aret R. Monahan, City Clerk APPROV A TO FO By: John Shaw, City t o ey CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-18 EXECUTED IN DUPLICATE V 4333 6rootdyn Av"WN.E. PREMIUM 1S FOR CONTRACT TERM Seatge,W A islOS AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. 6419254 PREMIUM:$3,452 PERFORMANCE BOND Cenfa me with The Amerkan Instituto of Anhdteds AJ.A. doetmlerlt No. A-311 KNOW ALL BY THESE PRESENTS: that S.PARKER ENGINEERING, INC. 2783 TERN CIRCLE, COSTA MESA,CA 92626 is Principal. heteina8er called Contractor, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA, s (Here insert full name art:stateless ar legal title of 3wetp 120 VANTIS,ALISO VIEJO,CA 92656 corporation duly organized under the laws of the State of Washington as Surety. hereinafter called Surety. are held and firmly bound unto THE CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CA 92675 as Obligee, hereinafter called Owner, in the &mount of TWO HUNDRED NINETY FIVE THOUSAND,TWO HUNDRED DOLLARS AND NO CENTS — — Dollars ($295,200.00— �, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, adminBtralors, successors and assigns. jointly and severally, firmly by these presents. WHEREAS. Contractor has by written agreement dated entered Into a contract with Owner for SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA In accordance with Dr&W10gs and Speclflcallons prepared by which contract Is by reference made a part hereof. and is hereinafter referred to as the Contract. i-32121Ei 7V95 Page 1 of 2 PERFORMANCE BOND NOW.THEREFORE.THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void:otherwise It sball remain In full force and effect. The Surety hereby waives notice of any alteration or contracts of completion arranged under ibis paragraph) extension oft]me made by the Owner. sufficient funds to pay the cost of completion less the balance of the contract price: but not exceeding, including Whenever Contractor shall be.and declared by Owner other costs and damages for which the Surety may be liable to be In default under the Contract. the Owner having hereunder. the amount set forth in the first paragraph performed Owner's obligations thereunder. the Surety may hereof. The term"balance of the contract price."as used in promptly remedy thedefault.orshailpromptly this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any 1) Complete the Contract In accordance with Its terms and amendments thereto. less the amount properly paid by conditions.or Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before the accordance with its terms and conditions. and upon explratlon of two (2)years from the data oa which final determination by Surety of the lowest responsible bidder.or, payment under the Contract falls due. if the Owner elects. upon determination by the Owner and The Surety Jointly of the lowest responsible bidder, arrange No right of action shall accrue on this bond to or for the tot a contract between such bidder and Owner, and make use of any person or corporation other than the Owner available as Work progresses(even though there should be a named herein or the heirs, executors, administrators or default or a succession of defaults under the contract or successors of the Owner. Signed and sealed Ibis 30TH day of JUNE,2006 S.PARKER ENGINEERING,INC. Princl al a1 (Witness) (Title) FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Surely) I Witness DWIGHTREILLYTitle ATTORNEY-IN-FACT S-32121Ee Ives Paye 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTYOF -dr�Q- ) On . ) fW- "() 20DLnbefore me, .//e AkA20./l 0 /tbra"✓a'&JC DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC personally appeared, STo,/e T IP4 r Ker 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. WITNESS my hand and official seal. ` MICHELLE M NEILL ; comm.#1614119 (� NOTORAN EPUBLI CN NOTARY PUBLIC SIGN CALIFORNIA n (SEAL) COMM.EXPIRES OCT 18,2009 t OPTIONAL INFORMATION THIS IVTIONA1.MIORMATJON SECTION IS NOT REQUIRED BY JAW BUT NAY BE BENQ9 TO PERSONS RELYMG ONTHIS NUTARHED OOCUNENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S)OTHER THAN NAMED ABOVE 1� SIGNER'S NAME SIGNER'S NAME RIGHT THU%QBPRMT RJGHT THUMBPRJNT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange 1 as. On 6/30/06 before me, Susan Pugh,Notary Public Date Name and Me of ORker(e.e.'Jane Doe,Ndary PUNW) ' personally appeared Dwight Reilly Name(.)of Spnx(a) ®personally known to me ❑ 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 A05n SUSAN PUGH acknowledged to me that he/she/they executed COMM.01407706 � the same in his/her/their authorized NOTARY Patxlee CALMM llaA capacity(ies), and that by his/her/their tKtru100�r signature(s)on the instrument the person(s), or Gomm. the entity upon behalf of which the person(s) acted, executed the instrument. WITNESSmyhand and ffi-i seal. place Wary SNI Above SynaNre a Notary Rko Susan F 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 Tltle or Type of Document: PERFORMANCE BOND Document Date: JUNE 30,2006 Number of Pages: Signer(s)Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: DWIGHT REILLY------------------------------------ ❑ Individual Top of Numb hero ❑ Corporate Officer—Titie(s): ❑ Partner—❑Limited ❑General E Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA M "� j 0 1997 Nedwal Nday Aux45on•9380 De Salo Ave..P.O.Box 2402•CMbworN,CA 91313-2402 Prod.No.5807 reader.Cel ToUree 1410D876 9 7 S A F EC Or POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO Box 0528 FIRST NATIONAL SURETY SEATTLE,VA 94112A-1S26 PO BOY 34526 SEA'1'I'I.li,WA 98124-1526 No- 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,doss hereby appoint u..........u..u.......0.................••a•"11.1.DUP.CK',DWIGHT REILLY;Arnheim.Cdifamia'4.............................................. As true and lawful atomey(s}in-fora,with full suMonty to exeate on behalf of the company fidelity and surely bonds or undenadngs and other documents of a similar character Issued by the company M the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as hilly as if such instruments had been duly executed by its regularly elected officers at as Mme office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested than presents this Ileh day of January 2005 CHRISTINE MEAD.SECRETARY WKE MCOAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President.any Mce President.Me Secretary,and any Assistant Vice President appointed for that purpose by the officer In charge of suniy operations,shall each have authority to appoint edRfduals as atiumeys-fn-fact or under other appropriate lines wIM authority to execrte on banal of the company fideYly and surely bonds and other documents of similar character Issued by the company In the course of Its busmew_.On any Instrument mal or eylomamg such appalmment,the sgnatuuea may be anni"by factime a. an any matrWnennt wnfamrg such aua.oray or on any bad or undertaking of the company.the seal,or a faceknds Hereof may be impressed or affixed or in any other manner reproduced:provided,however, that Me seal&MR not be necessary to the validity of any such Instrument or undMakir l Edrsa from a Resolution of tits Board of Directors of FIRST NATIONAL,INSURANCE COMPANY OF AMERICA adopted July 29,1870. "On any certificate executed by Me Secretary or an assistant aauMary of the Company setting out, (1) The Provisions of Article V,Section 13 of the By-Laws,and tor) A copy of the paver-of-stoney appointment,executed pursuant thereto,and (Ili) Cemykg that sold power-of-atiaMy appolmment Is In NI force and effect, the signalurs of the mNfying ofSxh-may be by facsimile,and the seal of the Company may be a facsimile thereof.' I,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA do hereby oeney that the fisil extracts of the By-Laws and Of a Resolution of the Board of Dlreetois of this wrpolvi and of a Paine of Attorney team pulsuam erereto,ere true and coned,and that both the Sy-Laws.the Resolution and the Power of Attorney ere still In hA force and affect. IN WITNESS WHEREOF,I he"hereunto set my hand and affixed the facAknRa seal of said caporeMn this 30TH day of JUNE 2006 SEAL�`� ♦ • CHRISTINE MEAD,SECRETARY 5.101e1FNEF 7124 O A migiNned traftonark of SAFECO Carpmewm 01/11/2005 PDF • EXECUTED IN DUPLICATE V•Nl 4153 Brooklyn Avenw N.E Searde,W A 9110S Bond No.6419254 LABOR AND MATERIAL PAYMENT BOND PREMIUM INCLUDED ON PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. Dowlnent He. A-711 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONOITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that S, PARKER ENGINEERING,INC. 2783 TERN CIRCLE,COSTA MESA,CA 92626 as Principal, hereinafter called Principal, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA, t (Here Insert full name am address or regal title et Seroty) 120 VANTIS,ALISO VIEJO,CA 92656 corporation duly organized under the laws of the State of Washington as Surety. hereinafter called Surety, are held and firmly bound unto THE CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CA 92675 as Obligee. hereinafter called Owner, for the use and benefit of claimants as herelabelow defined. in the amount Of TWO HUNDRED NINETY FIVE THOUSAND,TWO HUNDRED DOLLARS AND NO CENTS- ---- --_--_—T_—_—_--_---_! Dollars ($295.200.00---------). for the payment whereof Principal and Surely bind themselves, their heirs, executors, administrators. successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered Into a contract with Owner for SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA in accordance with Drawings and Specifications prepared by [Hein insert full name area seeress M legal tills of AMMISGO which contract Is by reference made a part hereof, and is hereinafter referred to as the Contract. 3-321WEP IVe5 Page 1 of 2 LABOR AND MATERIAL PAYMENT BOND NOW,THEREFORE,THE CONDITION OFTHIS OBLIGATION ieauch that,if Principal shall promptly make psymeal ball claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall bevoid;otherwise it shall remain in full forceandef fecl,subject,however,to the fallowing conditions: 1.Aclaimant isdefinedasone having adiml.contract with were furnished, or for whom the work or labor was done or the Principal or with a Subcontractor of the Principal for labor, performed.Such notice shall be served by mailing the same by material,or both, used or reasonably required for use in the registered mail or certified mail,postage prepaid,in an envelope performance of the Contract,labor and material being construed to addressed to the Principal.Owner or$urety,at any place whersan include that part of water,gas,power,light,heal,oil,gasoline, office is regularly maintained for the transaction of business,or telephone service or rental of equipment directly applicable to the served in any manner in which legal process may be served in the Contract, stats in which the aforesaid project is located, ave that such service neadnot be modeby a public officer. 2.The above named Principal and Surety hereby jointly and ieverally agree with the Owner that every claimant as herein b) After the expiration ofone(1)year following thedaleon which ielined,who baa not been paid in full before the expiration of a Principal ceased Work on said Contract, it being understood, period of ninety(90)days after the date on which the last of such however,that if any limitation embodied in this bond isprobibiled .1aimant'sworkorlabor was done or performed,or materials wire by any law controlling the construction hereof such limitation furnished bysuch claimant,maysueon thisbondfor the use ofsuch shall be deemed to be amended so as to be equal to the minimum ,laimant,prosacute thesuit tofinal judgment for suchmm,or sums period of limitation permitted by such law. ur may be justly due claimant,and have execution thereon.The owner shall not be liable(or the payment of any costs or expenses c)Other than in a state court of competent jurisdiction in and for 2fanysuch suit, the county or other political subdivision of the state in which the Project,or any part thereof,is situated,or in the Uaited Slates 3.No suit or action shall be commenced hereunder by any District Court for the district in which the Project,or any part 'laimmC thereof,issituated,andnot elsewhere. J Unless claimant,other than one having a direct contract with 4.The amount of this bond shall be reduced by and to the he Principal,shall have given written notice to any two of the extent of any payment or payments made in good faith hereunder, allowing:the Principal,the Owner,or the Surety above named, inclusive of thepayment bySuretyof maehanies'lienswhich may vithin ninety(90)days after such claimant did or performed the be filed of record against said improvement,whether or not claim ast of the work or labor,or furnished the last of the materials for for the amount of such lien be presented under and against this vhich said claim is made,slating with substantial accuracy the bond. .mount claimed and the name of the party to whom the materials 1gned and sealed this 30TH day of JUNE, 2006 S.PARKER ENGINEERING, INC. t flxc jnl Seal (Witness) Title FIRST NATIONAL INSURANCECOMPANY OF AMERICA Sulely 1 Witness DWIGH7REILLY itle �� — ATTORNEY-IN-FACT -321NEs IM Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF 0"1Q w0. ) pn.Ti,/1g ,?D X61,0 before me, MJ[', A!LA )J AJDTai✓ Pill, DATE NAME,TITLE OF OFFICER—E.G..,"JANE DOE,NOTARY PUBLIC personally appeared, &J 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. WITNESS my hand and official seal. MICHELLE MCNEILL; COMM.#1614119 4mlchvez ?�, (7 NO- Z TARY PUBLIC•CALIFORNq (SEAL) ORANGE COUNTY n NOTARY PUBLIC S GNA COMM.EXPIRES OCT.18,2009 OPTIONAL INFORMATION r OP Om LfMF An SECTMISWTFEQu er"WBUTs YMBENEMALTo PPnsoru Mymoo THMNOT�oa:uwEdT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S)OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME woxTTHUMTR r �nn».mPru CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of Orange } ss. s/30/os Susan Pugh,No Public On before me, g a Oend 0 Dab No. nd Title Rkar(e.9.,'Jsna Dae,NowT Puak-I personally appeared Dwight Reilly Names)b S0n6r(q ®personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are SUSAN PUGH subscribed to the within instrument and COMM.•1407M acknowledged to me that he/she/they executed twTNcrnrauc.cnaMaoNu the same in his/heritheir authorized onAnoe Cotsrtr Comm,Exp.M11RCM 2007 capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand a ffic sea). PbM Notary Seal Above Slq;s bry PubYe Susan ghl OPTIONAL Though the information below is not required by law,It may prove valuable to persons FaWg 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: PAYMENT BOND Document Date: JUNE 30,2006 Number of Pages: Signer(s)Other Than Named Above: NONE Capacity(les)Claimed by Signer Signer's Name: DWIGHT REILLY-------------------------------------- ❑ Individual Top d a,umb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA O 1997 Notioul Notary Asaxbtion•9M Do Sob A"..P.O.Box 2402•Chol*M .CA 91313-2402 Pmd.No.5907 Reader.Cal TOO-FM i4004766927 S A F E G a POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX U326 FIRST NATIONAL SURETY OF ATTORNEY SEATTLE.WA 90124-1526 PO BOX 34526 SEAT-ITE.WA 99124-1526 No. 9451 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint un....................................I.uu...11.J.DUECK;DWIGHT REILLY;Anaheim.Califomia........ao........on......................... its true and lawful ahooley(s)-in-fad,with NII authonty,to execute on behalf of to company fidelity arid surety bonds or undertaking$and dither dlxamentd of a similar character Issued by the company in the course of as business,and In bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as hAY as if such Intra nems had been duly executed by its regularly BUCtsd officers at its hams office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this Ilon days lalwaly 21gS A L$ CHRISTINE MEAD.SECRETARY MIKE MCOAVICK PRESIDENT CERTIFICATE Extract from the Sy-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA. "Ahide V.Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President.the Secralary,ant any AsslWare Vie President appointed ter that purpose by the officer In charge of surety operations,shall each have suRnrity to appoint Inchiduals as effomeys-in-fact or under other appropriate biles with aumort y to exemte on behalf of the company fidelity and surety bonds and other docialremb,of similar character issued by the company In the minas Of as tu"hass.. On any Ins ument Taxing or evidencing a"appointment.Ins signatures may be and"Oy tecafmse. On any Instrument comer111p such suave"or on any bond or undenaklrlg of the company,the seal,or a facaknae thereof,may be Impressed or affixed or in any other manner reproduced:provided.however, that the east Was not be necessary to Die wAdly of any such monument or undeRaking' Extract tram a Resolution of the Board of Directors of FIRST NATIONALINSURANCE COMPANY OF AMERICA adopted July 26,1970. 'On any cerfificste executed by fie Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V.Section 13 of the By{awe,and (ii) A dopy of the powerOf-atomey oppointmem,exea+ed pursuant dareto,and (Iii) Certifying that said power-of-atl0mey appointment is In hal farm and effect, the signature of the mrbtying officer may be by facsimile,and the seal of the Company may be a facsimile theal I,Christi Mead.Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA Ob Mreby OOntly that the Ioregolng extracts Of the By-Laws and Of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuers costo,we true and=(act,and that both the By-Laws,the Resolution and tie Power of Alt tiny aha still in full force and effect. IN WITNESS WHEREOF.I have hereunto set my hand and affixed the farasnse seal of said corporation this 30TH day of JUNE 2006 M • • CHRISTINE MEAD.SECRETARY S-10491FNEF 7198 •A rapWered trademark of SAFECO Curpvatan 01111/7005 PDF EXECUTED IN DUPLICATE IL 4333 BrooNye Avelto,N.8 PREMIUM IS FOR CONTRACT TERM Seufle,W Aga Wx AND IS SUBIECT TO ADJUSTMENT BASED ON FIWY CONTRACT PRICE Bond No. 6419254 PREMIUM:$3,452 PERFORMANCE BOND Conforms with The Amerkan Instituto of Architects A.I.A. document No. A-711 KNOW ALL BY THESE PRESENTS: that S.PARKER ENGINEERING, INC. 2783 TERN CIRCLE, COSTA MESA,CA 92626 as Principal. hereinafter called Contractor. and. FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a (Hers insert lull name enc eueress or legal title el surety) 120 VANTIS,ALISO VIEJO.CA 92656 corporation duly organized under the laws of the State of Washington as Surety. hereinafter called Surety. are held and firmly bound unto THE CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CA 92675 as Ob)Jgee, hereinafter called Owner. In the amount of TWO HUNDRED NINETY FIVE THOUSAND,TWO HUNDRED DOLLARS AND NO CENTS — Dollars (5295,200.00- —;- for the payment whereof Contractor and Surety bind themselves. their heirs, executors. administrators. successors and assigns. jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered Into a contract with Owner for SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA In accordance with Drawings and Specifications prepared by which contract is by tefetence made a part hereof. and Is hereinafter referred to as the Contract. 5-12121EP $1195 Page 1 of Z PERFORMANCE BOND NOW.THEREFORE.THE CONDITION OF THIS OBLIGATION Is such that. if Contractor shall promptly and faitbfuly perform said Contract.then this obligation shall be will and Vold:otherwise 11 shall remain in full force and effect. The Surety hereby waives notice of any alteration or contracts of completion arranged under this paragraph) extension of time made by the Owner. sufficient funds to pay the cost of completion less the balance of the contract price: but not exceeding. including Whenever Contractor shall be,and declared by Owner other carts and damages for which the Surety may be liable to be in default under the Contract. the Owner having hereunder. the amount set forth in the [list paragraph performed Owner's obligations thereunder, the Surety may hereof.The term`balance of the contract price,'as used in promptly remedy the default,or shall promptly this paragraph. shall mean the tots) amount payable by Owner to Contractor under the Contract and any 1) Complete the Contract In accordance with Its terms and amendments thereto. teas the amount properly paid by conditions,or Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be Instituted before the accordance with its terms and conditions, and upon expiration of two (2) years from the date on which nnal determination by Surety of the lowest responsible bidder.or, payment under the Contract fallsdue. if the Owner elects. upon determination by the Owner and The Surety jointly of the lowest responsible bidder, arrange No right of action shall accrue on Ibis bond to or for the for a contract between such bidder and Owner, and make use of any person or corporation other than the Owner available as Work progresses(even though there should be a named herein or the heirs. executors, adminlstrators or default or a succession of defaults under the contract or successorsortho0wner. Signed and sealed this 30TH day of JUNE,2006 S.PARKER ENGINEERING,INC. Principal SUI Ilness Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Surety) 1 Witney DWIGHT REILLY e ATTORNEY-IN-FACT 3a2121EP cows Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange as. On 6/30/06 before me, Susan Pugh,Notary Public Dote Noma a TIM of Offim(e.p.,'Jxro Dm.tic"Publb7 personally appeared Dwight Reilly Name(a)of Syner(a) ®personally known to me ❑ proved to me on the basis of satisfactory evidence i to be the Person(s) whose name(s) is/are subscribed to the within instrument and gu l acknowledged to me that he/she/they executed liOOrIM. SWM the same in his/her/their authorized t capacity(iss), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal. Place Notary Snl Abew slpu ofPub9c OPTIONAL Susan Pugh 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: PERFORMANCE BOND Document Date: JUNE 30, 2006 Number of Pages: Signer(s)Other Than Named Above: NONE Capacity(les)Claimed by Signer Signer's Name: DWIGHT REILLY------------------------___---___---_—_ _ ❑ Individual Top of Womb here ❑ Corporate Officer—Title(s): ❑ Partner—13 Limited ❑General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 0 1907 Nab"Ndary Maodetion•0350 Da SeloAve.,P.O.Sex 2402•Chefaworth,CA 91313.2402 Pa .No.5907 Reorder.GI Tc6Foe t-SOP8784827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I ss. County of Q��0. On,TuAe .30 .2W tg , before me, Mr('.I7<� r�.�Al�l1I iUaToirve J I �T Name aM TNN d O#,car(e.g.,Jal Dw,Nolery P k) personally appearedS T�t/e l. ?QrkP/ Neme(s)d sig w(S) ,X2 personally known to me El 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 MICHELLNEILL capacity(ies), and that by his/her/their COMM.#16141119 signature(s)on the instrument the person(s), or - rioTORAN uc GwFoRrta 17 the entitypersonCO (s) upon behalf of which the s COMM.EXPIRES OCT,118 2009 A acted, executed the instrument. ( ) I WITNESS my hand and o Icial seal Place Nobly Seal Above Signature o I olay PuDlk 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: i Signer(s) Other Than Named Above: I Capacity(les) Claimed by Signer Signer's Name: _ ❑ Individual a Top of Thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: 0 I Nao0l0a NWMA Wha,,M M Salo Aw.,P.O.If W2 2IClalawaP,CAIIIM2M2•www.nnbrel,warvaa Prw.No.SW7 Ra r:Cal Td F.1A008]eeet) S A F E C a POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OFATTORNEY PO Box 0526 FIRST NATIONAL SURETY SEATTLE,WA 981241526 PO ROX 34526 SEA 1-11,1:.WA 98124-1526 No 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint u.....nw......n.........o...s.......".."'ll.1.WECK',DWIGHT REILLY;Anaheim,Califante•u.r......r.................................o• its true and lawful admwy(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of as business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby a fully se if such instruments had been duly executed by its regularly elected omoers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has negated and edeMed these presents this lith day of January 2105 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Aseiour t Vice President appointed for that purpose by the officer in charge of surety operations,shell each have authority to appoint Indkeduals as altomeys-infect or under other appropriate Was with authority to execute on behalf Of the company Melt'and surety bonds and other dec menti of similar chancier issued by the Company N the course of Its bueeleee_.on any m e ahem making or ewtlencing sum appointment.the signatures may be shoed by facsimile. On any Instrument Consuming sum authority ar on any bond or undertaking of the company.the seat,or a famYnae thereof,may be impressed of adMed a In any other manner reproduced;provided.howswer, that the seal shah not be naceseery to the Validity of any such instrument or undeaaNlnp.- Extract from a Resolution of the Board of Directors of FIRST NATIONAWHSURANCE COMPANY OF AMERICA adopted July 2B,1970. "On any cottrhcate executed by the Secretary or an assistant secretary of the Company selling out, (i) The Provisions of Article V,Section 13 of the By-L9ws,and (n) A copy of the power-of-attorney appointment,executed pursuant trerem,and (Ili) Certifying that sold power-of-adomey,appointment Is in hal face and effect the signalure of the Certifying offfcor may be by facsimile.and the seal of the Company may be a fecalmhe marwf,' I,CIVISilne Mead,Secretary or FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do tlel9by patty that me foregoing extracts of the By-Laws are of a Resolution of that Board of Directors of this corporation,and of a Power of Attorney Issued pureuam thereto,are true and Conrad,and that both the By-Laws,the Resolution and the Power of Attorney are still In NI forob and ethect. IN WITNESS WHEREOF.I haws hereunto set my hand and affixed the facsimile not of Mid corptxNlon this 30TH day of JUNE 2006 e SEAL s I ~ • ♦ CHRISTINE MEAD,SECRETARY S-1040IFNEF 7198 OA rapeleoe trademark d SAFECO Corpaat on Otrt VS5a5 PDF EXECUTED IN DUPLICATE 1333 Brooaiyn Awnve ME SeeNie,W A 9a LOS Bond No.6419254 LABOR AND MATERIAL PAYMENT BOND PREMIUM INCLUDED ON PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. Document No. A-211 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that S.PARKER ENGINEERING,INC. 2783 TERN CIRCLE,COSTA MESA,CA 92626 as Principal. hereinafter called Principal, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Mere Insert full name aro address w legal title of Swetyi 120 VANTIS,ALISO VIEJO,CA 92656 corporation duly organized under The laws of the State of Washington as Surely. hereinafter called Surety. ate held and firmly bound unto THE CITY OF SAN JUAN CAPISTRANO 32400 PASEC,ADELANTO SAN JUAN CAPISTRANO,CA 92675 as Obllgee, hereinafter called Owner. for the use and benefit of ctalnunts as herelabelow defined. In the amount 01 TWO HUNDRED NINETY FIVE THOUSAND,TWO HUNDRED DOLLARS AND NO CENTS— ----------—_— Dollars (S295.200.00--------). for the payment whereof Principal and Surety bind themselves, their heirs. executors, administrators, successors and assigns, Jointly and severally, firmly by them presents. WHEREAS. Principal has by written agreement dated entered Into a contract with Owner for SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA In accordance with Drawings and Specifications prepared by (Hers Insert full Mme and asdresf or legal title of Architect) which contract Is by reference made a pall hereof, and Is hereinafter referred to as the Contract. S-32131EF IUs$ Page 1 of 2 LABOR AND MATERIAL PAYMENT BOND NOW,THEREFOR£,THE CONDITION OFTHIS OBLIGATION lesuch that,if Principal shall promptly make payment boli claimants as hereinafter defined,for all labor and material used or reasonably required forum in theperformance of the Contract,than this obligation shall bovoid;otherwise it shall remain in lull force and at lect,subject,however,to the following conditions: 1.A claimant is defined as one having a direct contract with were furnished, or for whom the work or labor was does or the Principal or with a Subcontractor of the Principal for labor, performed,Such notice shall be served by mailing the same by material, or both, used or reasonably required for use in the registered mail or certified mail,postage prepaid,in an envelope performanceof the Contract,labor and material being construed to addressed to the Principal,Owner or Sumty,al any place whereas include that part of water,gas,power, light,heat,oil,gasoline, office is regularly maintained for the transaction of business,or telephoneservice or rental of equipment directly applicable to the served in any manner in which legal protea may be served in the Contract. state in which the aforesaid project is located, are that such arvico neednot be madeby s publicoffiur. 2.The above named Principal and Surely hereby jointly and severally agree with the Owner that every claimant as heroin b) After iheexpintion of one(1)year following thedsie on which ielined,who has not been paid in full before the expiration of a Principal ceased Work on said Contract, it being understood, period ofninety(90)days after the date onwhich the lastofsuch however,that if any limitation embodied in this bond is prohibited :Isimant'swork orlabor was done orperformed,ormotor ialswire by any law controlling the construction hereof such limitation furnished by such claimant,may sueonthisbondlorthe use ofsuch shall be deemed to beamended soastobeequal tothe Minimum ilaimant,prosecute the suit to final judgment for such sum or sums period of limitation permitted bysuch law. is may be justly due claimant,and have execution thereon.The owner shall not be liable for thepayment of any costs or expenses c)Other than in a slate court of competent jurisdiction in and for tlanysuchsuit, the county or other political subdivision of the state in which the Project,or any part thereof, is situated,or in the United States 3.No suit or action shall be commenced hereunder by any District Court for the district in which the Project,or any part ;Isimant: thereof,issituatd,induct elsewhere. 1)Unless claimant,other than one having a direct contract with 4.The amount of this bond shall be reduced by and to the he Principal,shall have given written notion to any two of the extent of any payment or payments made in good faith hereunder, oflowing:the Principal,the Owner,or the Surely above named, inclusive of lhepayment bySuretyof mochanics'lionswhich may vithin ninety(90)days after such claimant did or performed the be filed of record against said improvement,whetheror not claim ast of the work or labor,or furnished the last of the materials for for the amount of such lien be preanled under and against this vhich said claim is made,slating with substantial accuracy the bond. .mount claimed and the name of the party to whom the materials signed and seated this 30TH day of JUNE,2006 S.PARKER ENGINEERING,INC. Witness '//'" � $ail _ Mile PZ Ls/,b C- T FIRST NATIONAL INSURANCE COMPANY OF AMERICA Surety Ste! Witness ` DWIGHT REILLY (Title) ATTORNEY-IN-FACT -arlrniP IUD$ Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF QGd e y es ) On-IW O—2 a aDD/2 before me, &ZhiJ16 /Pt AAW/ Akrai✓ )ROWIC DATE NAME,TME OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC personally appeared, 4S 7- Pg r kZP1- 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&et'/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. n MICHELLE MCNEILL ; d COMM.#1614119 '• NOTARY PUBLIC-CALIFORMA ORANGE COUNTY 0 (SEAL) COMM.EXPIRES OCT.18,2009 NOTARY PUBLICS NATURE OPTIONAL INFORMATION TICS OMONALR ORMATRNI SECr10N IS NOT REQUOIFD BY LAW BVr MAY BE BENEMCLI TO PERSONS RELYM ON THIS NOTARIUM WCUMENf. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S)OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THN.®PRIM WGHTTHLBdBPRWT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange as. On 6/30/06 before me, Susan Pugh,Notary Public Date Name arM Tide of Officer(e.g..'Jaro Doe.Notary NNW) personally appeared Dwight Reilly Name(e)d sipner(Q ®personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are SUSAN PILIGH subscribed to the within instrument and COMB.s/,07796 acknowledged to me that he/she/they executed RoTlurrPuna;•ami" the same In his/her/their authorized GammtMlillMT capacity(ies), and that by his/heritheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. PMoe Ndery s«i Above OPTIONAL sige.m.a ab Susan Pugh 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 PAYMENT BOND Title or Type of Document: Document Date: JUNE 30,2006 Number of Pages: Signer(s)Other Than Named Above: NONE Capacity(les) Claimed by Signer Signer's Name: DWIGHT REILLY---------------------------------- ❑ Individual Top of thumb here. ❑ Corporate Officer—Titie(s): ❑ Partner—❑Limited ❑General 91 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 0 1997 Nagomt Notary AseoclafiM•9350 Do 8eb Ava..P.O.Box 2402•Chats wth.CA 91313.2402 Pmtl.No.5907 Reorder.Cep To",oe 7.8069764827 S A F E C a POWER FatSTNATIONALINSURANCECONPANYOFAHERICA OF ATTORNEY I BOX 0326 FIRST NATIONAL SURETY SEATTLE,WA991241S a PO BOY 34526 SEA'1-1'LF.WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: Thal FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint un..row......uu...........................11.1.DUECK;DWIGHT REILLY;Areheim,California.........a...................................... its true and lawful ahomay(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its busnma,and to Gnd FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such nstrumeMs had been duly executed by its regularity elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and atteMMed these presents this lith day of January 205 CHRISTINE MEAD.SECRETARY MIKE MCGAICK PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Amcle V,Section 13.-FIDELITY AND SURETY BONDS..,the President,any Via President,the Socrflary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint Individuals as affomeye-m-fact or under other appropriate titles with authority to execute on boned of the domparry fidelity and surety bonds and other documents of eimiler character issued by the company in the course of ds business...on any Instrument making or evidencing a"appointment,the aprWturea may be affixed by facsimile. On any Instrument tomemng such authority or On any bond or undertaking of the company,the Baal,or a faalmas thereof may be impressed or affixed or in any otter manner reproduced;provided,however. that tit seal&hall not be necessary to the validity of any such Instrument of~skin.' Extract from a Resolution of the Board of Directors of FIRST RATIONALINSURAIICE COMPANY OF AMERICA adopted July 28,1970. 'On any anillate executed by the Seaelary or an assistant secretary of the Company salting out, (1) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-&homey,appointment,executed pursuant thereto,and (Iii) Certifying that said power-of-aflomay,appointment Is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof.' I,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA do hereby dandy that me foregoing extracts of the By-Laws arta of a Resolution of the Board of Directors Of this corporation,are of a Paver Of Attorney Issued pursuant thereto,are tma and correct.and that both the By-Laws,the Resolution and the Power of Adomey are still In has forob end effect. IN WITNESS WHEREOF.I haw hereunto set my hand and affixed the facsimile seal of sad corpaatxm this 30TH day of JUNE 2006 � X3828 � L.IJ ♦ ♦ CHRISTINE MEAD,SECRETARY S-10491FNEF 7196 0 A reglseroo mix erreM1 Or SAFECO GwOmbon 01/11/2005 PDF CALIFORNIA PRELIMINARY 20-DAY NOTICE For use on Private Works - Civil Code Section 3097 CONSTRUCTION LENDER or The name of the person or firm who contracted Reputed Construction Lender for the purchase of such labor, services, Name: equipment or material is: Street: Name: S.Parker Engineering,Inc City, State, Zip: Street: 2783 Tem Cir City, State, Zip: Costa Mesa,CA 92626 OWNER or Reputed Owner (private work) Name: City of San man Capistrano An estimate of the total price of the above Street: 32400 Paco Adclanto labor, services, equipment or materials City, State, Zip: San Juan Capistrano,CA 92675 furnished or to be furnished is: $2,700.00 ORIGINAL CONTRACTOR or Reputed Contractor (dollar amount) Name: S.Parker Engineering.Inc NOTICE TO PROPERTY OWNER Street: 2783 Tem C tr If bills are not paid in full for the labor, City, State, Zip: Costa Mesa,CA 92626 services, equipment, or materials furnished YOU ARE HEREBY NOTIFIED THAT: or to be furnished, a mechanic's lien leading Name: AbsolutcAbatoment&Demolition to the loss, through court foreclosure Street: 2536 E.EenderAvc#L proceedings, of all or part of your property being so improved may be placed against the City, State, Zip: Fullerton,CA 92831 property even though you have paid your (name and address ofperson orfirm furnishing labor, services, contractor in full. You may wish to protect equipment or material) yourself against this consequence by (1) has furnished or will furnish labor, services, requiring your contractor to furnish a equipment or materials of the following general signed release by the person or firm giving description: you this notice before making payment to Asbestos Removal your contractor, or (2) any other method or device that is appropriate under the circumstances. Other than residential (general description of the labor, services, equipment or material homeowners of dwellings containing fewer furnished or to be furnished) than five units, private project owners must notify the original contractor and any lien for the building, structure or other work of claimant who has provided the owner with a improvement located at: preliminary 20-day lien notice in accordance San Joan Creek Crossing with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its (address or description ofjob site .fisucieni.for identification) 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 AFFIDAVIT I, chuck Batley ,declare that I served copies of the above CALIFORNIA PRELIMINARY 20-DAY NOTICE by First Class Registered or Certified Mail,postage pre-paid,addressed to each of the parties at the addresses shown above on 1-16-07 (date). I decl//are ul/err enalty of perjury under the laws of the State of California pthat ,the foregoing is true and correct. Signed at �� I �vi(-L'(9 r� Dated: (signature ofperson serving Notice) (location) (date ofservice) I hts form is canlablc as a councsy by the Law offices of SCHOLEFIEI,D&ASSOCIATES.1901 Brat Ave,1 st Floor,San Diego,CA 92101 Ph,619-544-0086,s,m w conarucnnu,l�w,mu, Use of this form docs NOT create any type of attomcy-client relationship.Consult competent legal counsel before using this form.Use at your own risk. Capyeght 2004 Seboieeeid&A—c File No:1572(CA][PUBLIC][OWNER] Customer:S.Parker Engineering Inc Notice Requested by and Return To: • Projeuan Creed Rd 8:Camino Lacouague PENHALL RENTALS Rec ID:1XEOVASLM 16401 CONSTRUCTION CIR.WEST Cert No.:7100 6309 2640 2547 9281 IRVINE,CA 92606 Return Receipt Requested P i TILE(PUBLIC WORK) Cali�i� laell098,3111,32/18 3252 et Seq. THIS IS NOT A LIEN.THIS IS NO REFLECTION OaN�sTHE INT�E}GLRfTY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:OWNER tam a'T 25 t� �lalfe lollbwing is a general description of OR REPUTED OWNER the labor,somice,equipment or materials City of San Juan Capistrano furnished or to be furnished by the undersigned: 32400 Paseo Adelanto CITY CLERK Equipment San Juan Capistrano,CA 92675 SAN JUAN CAPISTRA1�d 2.Estimated Price:$4,000.00 TO:ORIGINAL CONTRACTOR OR REPUTED CONTRACTOR 3.the name of the person who famished that labor,service,equipment or S.Parker Engineering Inc materials Is: 10059 Whippoorwill Ave PENHALL RENTALS Costa Mesa,CA 92626 16401 CONSTRUCTION CIR.WEST IRVINE,CA 92606.2911 TO:LENDER,SURETY OR 4.The name of the person who contracted for purchase of that labor,service, BONDING COMPANY equipment or material is: S.Parker Engineering Inc 10059 Whippoorwill Ave Fountain Valley,CA 92708 5.The description of the jobs@e is: .'.dS Z: mi.0 Lacrn:ayn - - - SA Juan Creed Rd 8 Camino Lacouagus Fountain Valley,CA 92708,in the County of Orange VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE(PUBLIC 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 ec. aecu a RVINE,California on 10/24/2006 for PENHALL RENTALS. By: Phone:(949)552.0151 Faa:(949)551-2960 Denise Dikranian,Office Manager PROOF OF SERVICE BY MAIL AFFIDAVIT I,Denise Dikranian declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PUBLIC 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 1012412006. 1 declare under penalty of perjury under the to of California that the foregoing is true and correct. By: Denise Dikmnian,Office Manager Eaeeuu IR NE,Ca a iia on 1012412006. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undersigned has entered Into a contract to perform labor or furnish materials for the above-described public project,and will look to you and your sureties for payment Nthe person ordering such materials and labor fails to pay for them. PENHALL RENTALS 16407 CONSTRUCTION I IRVINE,CA 92606 I ' i ,' .�00 b339 2640 1547 9r ,_TURN RECEIPT R,�QUESTE, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 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 subcontractor. 7104 0343 3860 0520 5302 FERGUSON ENTERPRISES 11909 TECH CENTER COURT POWAY,CA 92064 Bildrs No:2119217 ** JOINT CHECK REQUESTED ** CITY OF SAN JUAN CAPISTRANO 32500 PASEO ADELANTO RETURN RECEIPT SAN JUAN CAPISTRANO CA 92675 Bildrs No.2119217 7104 0343 3860 0520 5302 COO a z � ccr c fel a= .� n D c-, r M �r m You are hereby notified that FERGUSON ENTERPRISES Z;i� M n � v has furnished or will furnish labor, services, equipment or materials of the following general*criptill: PLUMBING MATERIALS&SUPPLIES located at: CREEK CROSSING @ VIA ESTENAGA, 14 INCH WATERLINE, CALLE ARROYO&AVENIDA SIEGA, SANJUAN CAPISTRANO CA, ORANGE COUNTY The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: S PARKER ENGINEERING INC, 8783 An estimate of total price of the labor, services,equipment or materials furnished or to be furnished is$10,000 Owner:CITY OF SAN JUAN CAPISTRANO,32500 PASEO ADELANTO,SAN JUAN CAPISTRANO CA 92675 Orig Contr: S PARKER ENGINEERING INC,2783 TERN CIRCLE,COSTA MESA CA 92626 Lender:None Surety:FIRST NATIONAL(SAFECO),8181 E KAISER BLVD,ANAHEIM CA 92809,Bond#6419254,C/O CROSBY INSURANCE Customer: S PARKER ENGINEERING INC,8783,2783 TERN CIRCLE,COSTA MESA CA 92626 w ` BICAREPRESENTATIVE 11/13/2006 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a 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. °Y RECEIVED I16 MOV 15 P 22 11 City of San Juan Capistrano CITY CLERK 32400 Paseo Adelanto SAN JUAN CAPISTRANQ San Juan Capistrano, CA 92675 11114/2006 RE: NOTICE TO OWNER OR PUBLIC ENTITY To the Public Entity: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:San Juan Creek via Estenaga San Juan Creek Rd &project,located at Paseo Christina,San Juan Capistrano,CA 92675 Such labor,services,equipment or materials were contracted for by: S. Parker Engineering, Inc.,2783 Tem Circle,Costa Mesa,CA 92626 , who is one of the owners,general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished,the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor,or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call me personally at(909)596-6887. Thank you. Sincerely, By: hone:(909)596.6887 Fax:(909)596.7884 Carol J.Raybould,Secreta reasurer Dated 11114/2006 for P&F Distributors, 2376 First Street, La Verne„CA 91750 PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) California Civil Code Sections 3098, 3111, 3241 &3252 at Seq. THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials furnished or to be furnished by the undersigned: City of San Juan Capistrano Poly pipe,fittings,tools,labor 32400 Paseo Adelanto San Juan Capistrano,CA 92675 2.Estimated Price:$32,000.00 TO:ORIGINAL CONTRACTOR 3.The name of the person who furnished that labor,service, OR REPUTED CONTRACTOR equipment or materials is: S.Parker Engineering, Inc. P&F Distributors 2783 Tem Circle 2376 First Street Costa Mesa,CA 92626 La Verne„ CA 91750 4.The name of the person who contracted for purchase of that TO:LENDER,SURETY OR labor,service,equipment or material is: BONDING COMPANY S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa,CA 92626 5.The description of the jobsite is: San Juan Creek via Estenaga San Juan Creek Rd& Paseo Christina San Juan Capistrano,CA 92675,in the County of Orange REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY: City of San Juan Capistrano or State Comptroller The undersigned claimant hereby declares that he has supplied labor or materials as described above, that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant,at the address listed above, and the current address of the contracting public entity. VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PUBLIC 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 Cali mia that the foregoing is true and correct. Executed at La Veme„ California on 1111412006 for P & F DIST TORS. By Phone:(909)596.6887 Fax: (909)596.7884 Carol J.Ray Id,S eretaryrrreasurer PROOF OF SERVICE BY MAIL AFFIDAVIT I,Carol J. Raybould declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) By First Class Certified and/or Return Receipt Requested or Registered Mail service, postage prepaid, (as required by law)addressed to each of the parties at the addresses shown above on 11/14/2006. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is Vu nd correct. By Carol J.Raybould,Secretary/Treasurer Executed at erne, ifomia on 11114/2006. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undersigned has entered into a contract to perform labor or furnish materials for the above-described public project, and will look to you and your sureties for payment if the person ordering such materials and labor fails to pay for them. • • Bid Opening Report Bids Opened May 16, 2006 at 2:00 p.m. Project Title Waterline Creek Construction @ Via Estenaga Project Engineer Joe Mankawich Pre Bid Estimate $750,000 Bidder Bi Amey t Bio Bond/Addenda? 1. horizon Gnderdround, Inc. $%, ' ,Z l ( l J 2, S. Parker Engineering, Inc. $ W �t{GY� X �/ 3. WestValley Construction $�� / Yew x-15 4. / 70 7 v-06o 000 Golden State Boring & Pipe Jacking$Vg / 5 Denboer Engineering $ Costruction $�� 6. SOCPacific Construction Corp. $ 0 / COO v--,/ ✓ 7. 8. Sign ate cc: City le Staff(3) Proje epartment(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. 0 0 S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA. 92626 (714) 241 -0560 FAX# (714) 241 -0665 License #739476 Class: A,B July 5, 2006 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 Project: San Juan Creek Waterline Crossing at Via Estenaga Dear Mr. Joe Mankawich, Enclosed you will find the following documents pertaining to the above referenced proj ect: • Two (2) Performance Bonds • Two (2) Labor and Material Bonds • Two copies of General Liability Insurance/Workman's Comp. Insurance Certificates. Thank you. If you have any questions,please contact me at(714) 241-0560. Respectfully, St a er/� President STP/Imp Cuerlam SenluanCaplstrano 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: 14"WATERLINE CREEK CROSSING AT VIA ESTENAGA CIP NO.767 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 fumish 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): 1 ` Number Date �"/2 -00 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: May 15, 2006 Bidder: S. Parker Engineering, Inc. BY. —i Steve T.Par (Signature) Title: President City of San Juan Capistrano BID(PROPOSAL) 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 1 H:\PDATA\10104453VAdmin\spec\Front End\Part ID–Bid Forms.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano BID(PROPOSAL) 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 2 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forms.doc BID SCHEDULE 14"WATERLINE CREEK CROSSING AT VIA ESTENAGA Item Item Description Quantity Unit Total Cost No. 1. Mobilization 1 LS 2. Potholing 1 LS 1000. - 3. 00. -3. Sheeting, Shoring and Bracing 1 LS 4. Install Sound Wall 1 LS to aoo.— 5. Landscape Restoration 1 LS 6. Demolition and removal of CIP in Creek Bed 1 LS 4oc>0• - 7. Demobilization and Project Closeout 1 LS Alternate A- 14" Pipeline 8. Install 14" HDPE pipe by HDD 520 LF ZL .Zao . 9. Install Air/Vac Rel Valve Assembly on 14" Pipe 2 EA 3000,- 10. 000,10. Connect 14" Pipeline to Existing CIP North 1 LS Side �OO000 �- 11. Connect 14" Pipeline to Existing CIP South 1 LS Side Ibooa. Alternate B— 10" Pipeline 12. Install 10" HDPE pipe by HDD 520 LF 1747,yam. 13. Install Air/Vac Rel Valve Assembly on 10" Pipe 2 EA 3oce.- (9000 14. Connect 10" Pipeline to Existing CIP North 1 LS Side Iq o00 ," 15. Connect 10" Pipeline to Existing CIP South 1 LS Side LSaoo,— Total Bid for Items 1- 11 (Alternate A) $ 29S zoo. Total Bid for Items 1-7 and 12—15 (Alternate B) $ q0t) City of San Juan Capistrano LIST OF SUBCONTRACTORS 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 1 H:\PDATA\10104453\Admin\spec\Front End\Part ID-Bid Forrns.doc /4/0 '<JInIClt2Ed 11lN �4/E �i�vr+�,G� Two �1.�n�lmed lY«.wry A- C--�-f Bid total for Items 1 — 11 (Alternate A) in words /1yp 1t�n,!¢Ncd Sew,�f Tux /Hw S�a,� fin lsa d I. Jr I7� C. . Bid total for Items 1 —7 and 12 — 15 (Alternate B) in words NOTES: The Contractor shall construct either 14" or 10" HDPE pipe at the Owner's discretion. The determination of the lowest responsible bidder will be based on the Total Bid of Items 1-11, inclusive or Items 1-7 and 12-15. City of San Juan Capistrano LIST OF SUBCONTRACTORS 14"Waterline Creek Crossing at Via Estenaga BID FORMS- Page 2 H:\PDATA\10104453\Admin\spec\Front End\Part ID—Bid Forms.doc 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. Contractors License Work to be Performed Number Subcontractors Name&Address eg00(o eolftw„ca 770 A/. EeKh Sr ea.aN�f G44 1t8-bp 2 3 4 5 6 7 8 City of San Juan Capistrano LIST OF SUBCONTRACTORS 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 3 H:\PDATA\10104453\Admin\spec\Front End\Part ID—Bid Forms.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano LIST OF SUBCONTRACTORS 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 4 H:\PDATA\10104453V\dmin\spec\Front End\Part ID—Bid Forms.doc NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) County of Orange ) ss. Steve T. Parker being first duly sworn,deposes and says that he or she is President of S. Parker Engineering,Inc. the party making the foregoing Bid,that the Bid is not made in the interest of,or on behalf of,any undisclosed person, partnership,company, association,organization, or corporation;that the Bid is genuine and not collusive or sham;that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid,and has not directly or indirectly colluded,conspired,connived,or agreed with any Bidder or anyone else to put in a sham Bid,or that anyone shall refrain from bidding;that the Bidder has not in any manner,directly or indirectly,sought by agreement, communication,or conference with anyone to fix the Bid price of the Bidder or any other Bidder,or to fix any overhead, profit,or cost element of the Bid price,or of that of any other Bidder,or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract;that all statements contained in the Bid are true;and,further,that the Bidder has not,directly or indirectly,submitted his or her Bid price,or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto,or paid,and will not pay, any fee to any corporation, partnership,company, association,organization, bid depository,or to any member or agent thereof,to effectuate a collusive or sham Bid. Bidder S. Parker Engineering,Inc. By teve T. Parker Title President Organization S. Parker Engineering, Inc. Address 2783 Tern Circle Costa Mesa, CA. 92626 City of San Juan Capistrano NON-COLLUSION AFFIDAVIT 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 1 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forms.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano NON-COLLUSION AFFIDAVIT 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 2 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forms.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF O rA.e��P - ) On—�—IC �(o beforeme, �� //G ,v1I�1[� dki�i,i Pu6�G DATE _� NAME,TITLE OF OFFICER-E.G..,`JANE DOE,NOT PUBLIC c� personally appeared, —ST�?Jo Z 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. WITNESS my hand and official seal. MIC=EIEO NOTAZZ COMM (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUD"BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENF. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S)OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRINT RIGHT THUMBPRIM BIDDER'S GENERAL INFORMATION The Bidder shall fumish 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: S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA.92626 2. CONTRACTOR'S Telephone Number: (714 241-0560 Facsimile Number: (711 241-0665 E-mail address n/a 3. CONTRACTOR'S License: Primary Classification 739476 Class: A. B State License Number(s) 739476 Supplemental License Classifications A.B 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Crosby Insurance, Inc. First National Surety Address 4333 Brooklyn Ave. N.E. Seattle, CA. 98105 Surety Company Agent Dwight Reilly Telephone Numbers: Agent 714-221-5200 Surety 714-221-5200 5. Type of Firm (Individual, Partnership or Corporation): Corporation 6. Corporation organized under the laws of the State of: California 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: Steve T. Parker — President 2783 Tern Circle Costa Mesa, CA. 92626. Linda M.Parker — Secretary/Treasurer 2783 Tern Circle Costa Mesa, CA. 92626 City of San Juan Capistrano BIDDER'S GENERAL INFORMATION 14"Waterline Creek Crossing at Via Estenaga BID FORMS- Page 1 H:\PDATA\10104453\Admin\spec\Front End\Part ID—Bid Forms.doc BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 10 years 9. List at least three related projects of comparable size and complexity completed to date: 1. Owner PLEASE SUE ATTACHED Address Contact Class of work Phone Contract amount Project Date completed 2. Owner Address Contact Class of work Phone Contract amount Project Date completed 3. Owner Address Contact Class of work Phone Contract amount Project Date completed 10. List the name and title of the person who will supervise full-time the proposed work for your firm: Steve T. Parker – President 11. Is full-time supervisor an employee —yes 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. City of San Juan Capistrano BIDDER'S GENERAL INFORMATION 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 2 H:\PDATA\10104453\Admin\spec\Front End\Part ID–Bid Forms.doc r , 4333 Brooklyn Avenue N.E. Seattle,WA 96105 BID BOND Conforms with The American Institute of Architects,A.I.A.Document No.A-310 KNOW ALL BY THESE PRESENTS,not we, S.PARKERENGINEERING, INC. as Principal,hereinafter called the Principal, and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA of 120 VANTIS, ALISO VIEJO, CA 92656 a corporation duly organized under the laws of the State of Washington ,as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as obligee,hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT Dollars(3 10%----------------------- ) ,for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for 14"WATERLINE CREEK CROSS @ VIA ESTENAGA,CIP#767 NOW,THEREFORE,if the Obligee shalt accept the bid of the Principal and the Principal shall anter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 5TH day of MAY 2006 . l( &PAAR/KEERR ENGINEERING, INC. (Seal) Witness 1 .��S 'C \ Principal Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA Witness ` By DWIGHT REILLY Attorney-in-Fact S-00WFNEF V99 ®Registered trademark of SAFECO Corporetion. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of California SS. County of ORANGE On MAY 5TH. 2006 before me, ALLISON RITTO NOTARY PUBLIC Date Name and TM of Ogicer(e,."Jane Doe,Notary ub w 1 personally appeared DWIGHT REILLY Names)of Signer(a) 1 X1 personally known to me F3 proved to me on the basis of satisfactory evidence to be the persorttse/ whose name(e) is/am ALLISON RITTO subscribed to the within instrument and 1 Commfsslon n 1537464 acknowledged to me that he/she/*"executed -� - Notary Public-California the same in hiS/15e misfir authorized .I Orange County capacityt", and that by his/her/threir 1 My Comm.Exptres Dec 23,2008 signature*on the instrument the person(@), or the entity upon behalf of which the person(@( acted, executed the instrument. WITNESS my n and official seal. I Place Notary Seal Above Signature of Notery Public ALLISON RITTO OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document 1 and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND 1 Document Date: MAY 5TH, 2006 Number of Pages: " Signer(s)Other Than Named Above: NONE I Capacity(ies)Claimed by Signer Signer's Name: DWIGHT REILLY ❑ Individual Top of thumb here 1 ❑ Corporate Officer—Title(s): 1 ❑ Partner—❑ Limited ❑ General Attorney in Fad ❑ Trustee Ll Guardian or Conservator ❑ Other: i Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA S A F E C a POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 FIRST NATIONAL SURETY OF ATTORNEY SEATTLE WA 88124-1526 PO BOX 34526 SEAT"fl.ii,WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington carpo2tlon,does hereby appoint ...........n............I..........u...........11. J.DUECK;DWIGHT REILLY;Amheim,California****.*.......................................... its true and lawful aftorney(s)-In-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character Issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this lith day of January 2005 CHRISTINE MEAD,SECRETARY MIKE MC'G.AV`ICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as atfomeys-in-fact Or under Other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and Other documents of similar character issued by the company in the course of Its business- On any Instrument making or evidencing such appointment,the signatures may be amxed by fam mile. On any InsWment conferring such authority Or on any bond or undertaking of the company,the seal,or a facaimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however, that the seal shall not be necessary to the validity of any such Instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONALINSURANCE COMPANY OF AMERICA adopted July 2S.1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions Of Article V.Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that seid power-of-atiomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof I,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby candy that the foregoing extracts of the By-Laws and Of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney Issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney am still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 5TH day of MAY 2006 �r"cc �� SEALS C� + • CHRISTINE MEAD,SECRETARY S-10491FNEF 7198 ®A registered iradeaurk of SAFECO Corporation 0111112005 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF 10IrlJ11�Lg ) Ong-S-, Z�6 before me, Lj krellp $44 Pill. ALeV c DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY fUBLIC personalty appeared, TP✓C.I T fr 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. WITNESS my hand and official seal. U MICHELLE MCNEILL y COMM.# 1614119 NO7gRY PUBLIC•CALIFORNIq 42 0, yz Z,Y" :� -(SEAL) COMM.XP RES OC7 QE N8.2008 n NOTARY PUBLIC Sf NATURE OPTIONAL INFORMATION THIS OPTIONAL MFORMATION SECTION ISNOTREQUBtEDBY LAW BUT MAY Be BENEFICIAL To PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S)OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRM'f RIGHT THUMBPRINT r ADDENDUM NO. 1 TO THE SPECIFICATIONS AND BID FORMS FOR THE CONSTRUCTION OF THE WATERLINE CREEK CROSSING AT VIA ESTENAGA May11, 2006 To: All Plan Holders From: The City of San Juan Capistrano and RBF Consulting Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the Waterline Creek Crossing at Via Estenaga as fully and completely as if the same were fully set forth therein. This Addendum No. 1 shall form a part of the Contract Documents and take precedence of the original Contract Documents. Bidders shall acknowledge receipt of this Addendum No. 1 by signing page A2-2 and faxing a copy of page A2-2 to the City of San Juan Capistrano at (949) 493-3955 by Monday, May 15, 2006. Page A2-2 shall also be included in the Contractor's bidding document package. DATED: May 11, 2006 Aly-- J e`I�Iankawich City of SJC Project Manager City of San Juan Capistrano Addendum No. 2 (April 2*06) • City of San Juan Capistrano Cook's Reservoir Replacement Project THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A2-1, 2, 3, and 4. Date Received by Bidder: By: S. Parker Engineering, Inc. Bidder's Company Name Bidder's Signature Steve T. Parker Typed or Printed Name Prepared by: RBF Consulting 14725 Alton Parkway Irvine, CA 92619-7057 (949) 472-3505 Addendum No. 2 (April 20,006) • City of San Juan Capistrano Cook's Reservoir Replacement Project The following changes, additions, deletions, or modifications shall be made to the Contract Documents and shall take precedence over the original Contract Documents; all other provisions in the Contract Documents remain the same. 1. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY, OR DURING PRE-BID MEETING Question: What is the point of access on the north side of the project for getting construction equipment and materials on site? Answer: Access to the site shall be via the dirt stable entrance road located off of Calle Arroyo, approximately '/a mile east of Via Estenaga. This entrance road leads to the horse trail,which can be used for ingress/egress only. Access through the park is prohibited. Staging of equipment or materials in the horse trail is prohibited. 2. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY OR DURING PRE-BID MEETING Question: It looks like a lot of wildflowers and other native ground cover will be stripped during construction. Does this need to be re-planted after construction? Answer: All wildflowers and other naturally occurring plants outside of the environmentally sensitive area that are removed during construction do not need to be replaced. However, any surface improvements, such as grass, ornamental palm trees or other non-native plants, and hard-scape, such as the concrete v-ditch (which must be protected in place during construction) located outside of the environmentally sensitive area that are removed or damaged during construction must be replaced in kind. 3. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY OR DURING PRE-BID MEETING Question: Can the pedestrian trail along the north side of San Juan Creek road be closed during construction? Answer: Staging of equipment or materials in the pedestrian trail is prohibited. The pedestrian trial can only be closed during pull back of the HDPE pipe, and must remain open at all other times during construction. The pipe and other equipment can be staged in the dirt area between the road and pedestrian trail, and must be secured by fencing with lockable gate during non- working hours. Contractor shall inform the City 72 hours in advance of the pull, so signs can be posted alerting the public. Addendum No. 2 (April 20,006) • City of San Juan Capistrano Cook's Reservoir Replacement Project 4. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY OR DURING PRE-BID MEETING Question: Can the contractor work overtime on the weekends? Answer: Overtime work is permitted on Saturday. The contractor will be required to pay the on-site inspector at the hourly overtime rate. Notify the City a minimum of 48 hours in advance when Saturday work is necessary. ADDENDUM NO. 2 TO THE SPECIFICATIONS AND BID FORMS FOR THE CONSTRUCTION OF THE WATERLINE CREEK CROSSING AT VIA ESTENAGA May 11, 2006 To: All Plan Holders From: The City of San Juan Capistrano and RBF Consulting Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the Waterline Creek Crossing at Via Estenaga as fully and completely as if the same were fully set forth therein. This Addendum No. 2 shall form a part of the Contract Documents and take precedence of the original Contract Documents. Bidders shall acknowledge receipt of this Addendum No. 1 by signing page A2-2 and faxing a copy of page A2-2 to the City of San Juan Capistrano at (949) 493-3955 by Monday, May 15, 2006. Page A2-2 shall also be included in the Contractor's bidding document package. i DATED: May 8, 2006 y: Mankawich City of SJC Project Manager City of San Juan Capistrano Addendum No. 2 (May 10006) City of San Juan Capistrano Waterline Creek Crossing at Via Estenaga THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A2-1, 2, 3, 4, 5, 6, 7, and 8. Date Received by Bidder: By- S. Parker Engineering,Inc. 1 p Bidder's Company Name iddls Si—ghdure Steve T. Parker Typed or Printed Name Prepared by: RBF Consulting 14725 Alton Parkway Irvine, CA 92619-7057 (949) 472-3505 Addendum No. 2 (May 1 0006) City of San Juan Capistrano Waterline Creek Crossing at Via Estenaga The following changes, additions, deletions, or modifications shall be made to the Contract Documents and shall take precedence over the original Contract Documents; all other provisions in the Contract Documents remain the same. 1. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY, OR DURING PRE-BID MEETING Question: The header at the upper left hand corner of addendum 1 references the Cook's reservoir replacement project. Answer: Reference to the Cook's reservoir project in the header of addendum 1 is not correct. The header should read "Waterline Creek Crossing at Via Estenaga". 2. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY OR DURING PRE-BID MEETING Question: Specification section 15304, Installation of pressure pipelines, references specification section 15078, piping fittings and appurtenances, which is not a part of the project specifications. Answer: Reference to specification section 15078 should be removed, since it is not needed. Connection to existing piping shall be per the details on sheet D-1 of the drawings. Approved couplings are per section 15162 of the City standard specifications,with the following additions: Powerseal, Ford-Fast, and UEM-421. All couplings shall be long barrel type and come furnished with stainless steel trim. 3. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY OR DURING PRE-BID MEETING Question: Is there any soils information available for the project? Answer: Yes. A soil bore was performed by LGC. The soil boring log, soil bore location map, and project memorandum are included as pages A24 thru A2-8 of this addendum. Lawson&Associates Geotechnical Consulting,Inc. PROJECT MEMORANDUM To: City of San Juan Capistrano Date:July 17,2005 34200 Paseo Adelanto Project No.:051083-01 San Juan Capistrano, CA 92675 Attention: Mr.Joe Mankawich From: Katie Maes /�rM Subject. Summary of Geotechnical Boring to Evaluate Conditions for Estenaga Undercrossing, San Juan Capistrano, California Per your request, this memo has been provided to summarize our observations during the geotechnical boring to evaluate conditions for the proposed Estenaga Undercrossing project, San Juan Capistrano, California. We preformed the drilling on July 7,2005 to evaluate geotechnical conditions at depth,for a proposed directional drilling operation to be performed in order to replace a water line that was exposed during the February 2005 intense rainfall event(See attached Boring Location Map). Materials found during our investigation were predominately sands and clayey sands and gravels, with lesser amounts of cobbles. Drilling effort was low until approximately 74 feet of depth, where a cobble layer was encountered. Groundwater was pervasive below 20 feet of depth, with flow rates into the boring estimated to be upwards of 60 gallons per minute. Stability of the borehole was low and was prone to collapse/caving, estimated to be due to the combination of sand and groundwater. Casing was used to full depth during drilling and when extracted, the borehole collapsed/caved. This possibility should be taken into consideration by the directional drilling contractor prior to waterline installation. I Enclosures: Boring Location Map Boring Log LGC-1 1319 Calle Avantado•San Clement• CA 92673.6351 •(949)369-6141 • Fax(949)369.6142 A2-4 Geotechnical Boring Log B-1 Date:July 7,2005 Page: 3 of 3 Project Name:Estena a Undercrossing Project Number: 051083-01 Drilling Company: Test America Type of Rig: Air Rotary Drive Weight: NA Drop; NA Hole Dia: 6" Elevation of olo of Hole: Anoroximatel 120 ft Hole Location: South Bank San Juan Creek m DESCRIPTION E o E > a n F= ?: N 6 Logged B : DAK m m w o cD rn m Q Sampled By: DAK 60 60 61'Coarse Sand and Clay;gray;slight odor 55 65 ® 65'Siltstone clasts:dark gray;very small chips,abundant water .' o 0*9 @ 68'Gravel:rounded 50 70 ; ® 70'Sand and Gravel a • @ 73'Gravel: rounded Oea e e @ 74'Cobble 45 75 ® 75'Sand:blue gray 40 80 Total Depth=80' Groundwater® 20' Backfilled with native and 20'of Concrete/Bentonite July 7,2005 35 85 30 90 LAWSON &ASSOCIATES GEOTECHNICAL CONSULTING INC. A2-6 s � r i3 .k :. 9111 P-1 ^.� b 1, � y yy I I R� ... e a z u� I w /A NNIi. ,LGCI ; Geotechnical Boring Log B-1 Date:July 7, 2005 Page; 2 of 3 Project Name:Estena a Undercrossing Project Number: 051083-01 Drilling Company: Test America Type of Rig: Air Rotary Drive Weight: NA Drop: NA Hole Dia: 6" Elevation of oD of Hole: Approximatel 120 ft Hole Location: South Bank San Juan Creek DESCRIPTION E N E o z o co Logged By: DAK a LU o 0 cn m a m M Sampled B : DAK 90 30 0 31'Clayey Sand:wet 85 35 37'Coarse Sand: gray to blue gray 80 40 42'Coarse Sand:gray to blue gray 75 45 70 50 ® 51'Siltstone chips:dark gray o,? 0 54'Gravel: rounded to angular 65 55 oe. zm w.a e 57'Clayey Gravel a— o 60 60 LAWSON &ASSOCIATES - �M GEOTECHNICAL CONSULTING INC. A2-7 Geotechnical Boring Log B-1 Date:July 7,2005 Page: 1 of 3 Project Name:Estena a Undercrossing Project Number: 051083-01 Drilling Company. Test America Type of R!q: Air Rotary Drive Wei ht: NA Drop: NA Hole Dia: 6" Elevation of oD of Hole: Avoroximate 1201t Hole Location: South Bank San Juan Creek DESCRIPTION o Z pp5 '1 o ECn H M o3 2• .o Logged : DAK a w o CU co m o M Sampled By: DAK �' f 120 0 @ 1'Sand and Gravel:dry ; o 0 2'Possible small Cobble I e 1 I 115 5 i �•; 0 8'Sand and Gravel:moist 110 10 0 10'Clayey Sand:very damp i 0 14'Sand 105 15 " 0 17'Silty Clay: gray,very damp 100 20 0 20'Sand:wet i I 0 22'Clayey Sand:wet 95 25 _ f _ 0 28'Clayey Sand:wet i 90 30 LAWSON &ASSOCIATES GEOTECHNICAL CONSULTING INC. i A2-8 S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA. 92626 TEL#(714) 241-0560 FAX # (714) 241-0665 LIC # 739476 Class: A,B RECENT PROJECTS AND REFERENCES Owner/ Project Name Contact/ Phone # City of Westminster Jeff Howell - Supervisor 8200 Westminster Blvd. (714) 895-2876 Westminster, CA. 92683 (714) 373-5328 Fax # Feb. 2005 - Feb. 2006 Concrete and Related Street Repairs @ Various Location Project No. 55036-001007 - 5`h year annual renewal Contract Total: $592,959.87 R. Moody Construction, Inc. Ronnie Moody- President 39821 Lincoln Street (951) 769-3752 Cherry Valley, CA. 92223 (951) 769-3712 Fax# June 2004 - October 2005 - Elm Street Sewer Main Contract Total: $1,086,342.04 Work was done for the City of Beaumont Newport-Mesa Unified School District Norm Chapman - Inspector 2985 E. Bear Street (714) 424-5081 Costa Mesa, CA. 92626 (714) 424-7503 fax# Project Name: Excavation, Curbs, and Drywells for Playground Structures Project No. #110-04 April 2004 - March 2005 Contract Total: $249,663.50 Owner/ Proiect Name Contact/ Phone # City of Costa Mesa Mike Stevens - Field Inspector 77 Fair Drive Tom Banks - Engineering Costa Mesa, CA. 92626 (714) 754-5324 Project Name: Parkway Concrete Repair, and New Sidewalk Construction Project No. # 04-16 Sept. 2004 - June 2005 Contract Total: $122,242.53 City of Westminster Jeff Howell - Supervisor 8200 Westminster Blvd. (714) 895-2876 Westminster, CA. 92683 (714) 373-5328 Fax # Feb. 2004 - Feb. 2005 Concrete and Related Street Repairs @ Various Location Project No. 55036-001007 - 5th year annual renewal Contract Total: $783,977.07 City of Mission Viejo Herb Smith - Field Inspector 27204 E. La Paz Road (949) 470-3052 Mission Viejo, CA. 92692 fax # (949) 581-0983 June 2004 - August 2004 Olympiad Contruction Contract Total: $52,881.85 City of Costa Mesa Mike Stevens - Field Inspector 77 Fair Drive Tom Banks - Engineering Costa Mesa, CA. 92626 (714) 754-5324 Feb. 2003 - Jan. 2004 Parkway Concrete Repair and New Sidewalk Project Project No. 02-17 Contract Total: $ 535,191.05 Owner / Project Name Contact/ Phone # City of Mission Viejo Herb Smith - Field Inspector 27204 E. La Paz Road (949) 470-3052 Mission Viejo, CA. 92692 fax # (949) 581-0983 Jan. 2003 - Oct. 2003 Annual Maintenance Program Removal and Replacement of PCC Curb, Gutter, Drive Approaches, and Cross Gutters Project No. A01-48 Contract Total: $137,464.48 City of Westminster Gary Jornell - Field Inspector 8200 Westminster Blvd. Jeff Howell - Supervisor Westminster, CA. 92683 (714) 895-2876 Feb.2002 - Feb. 2003 Concrete Related Street Repairs Project, Phase III Contract Total: $ 544,806.69 Ontario-Montclair School District Joseph O'Shia - Director of Purchasing 950 West "D" Street Sandra Escamellia - Contract Admin. Ontario, CA. 91762 Rudolp Perez - Inspector of Record phone #(909) 459-2500 ext. 4472 fax # (909) 459-2555 Jan. 2001 - Feb. 2003 Unit Price Concrete Removal and Replacement Phase III Project No. M-012-01-M1 Contract Total: $596,192.81 Town of Apple Valley Jennifer Clarke 13467 Navajo Road Rusty Reed Apple Valley, CA. 92308 (760) 240-7350 (760) 240-7399 fax# 2002 - 2003 Mountain Vista Park Improvements Contract Total: $261,406.00 Change Order: $ 13,852.20 Contract Total: $275,258.20 Owner/ Project Name Contact/ Phone # Ontario - Montclair School District Rudy Perez - Inspector 950 West "D" Street Joseph O'Shia - Ontario, CA. 91762 Director of Purchasing Craig Misso - Operations Administrator (909) 459-2500 2001 - 2002 Unit Price Concrete Removal and Replacement Agreement No. M-012-01 Contract Total: $ 591,177.35 City of Costa Mesa Mike Stevens - Inspector 77 Fair Drive Tom Banks Costa Mesa, CA. 92626 Bart Mejia (714) 754-5324 2001-2002 - Canyon Community Park Flood Protection and Parkway Concrete Repair and New Sidewalk Improvements Project No. 01-07 Original Contract: $ 378,875.00 Change Order: $ 36,327.65 Total Contract $ 415,202.65 Irvine Unified School District Spencer Jordan - Inspector 14600 Sand Canyon Drive Llloyd Linton - Director Irvine, CA. 92618 (949) 936-5307 (949) 936-5329 fax # 2001-2002 - Northwood High School Project No. A-04-102513 Original Contract: $ 187,000.00 Change Order: $ 900.00 Total Contract: $ 187,900.0 Owner/ Prosect Name Contact/ Phone # City of Laguna Niguel Nick Renn 27801 La Paz Road (949)362-4300 Laguna Niguel, CA. 92677 2001 - Bocce Val] Court @ Marina Hills Park Original Contract: $54,401.04 Change Order: $ 3,853.00 Total Contract: $58,254.04 City of Laguna Niguel Nick Renn 27801 La Paz Road (949)362-4300 Laguna Niguel, CA. 92677 2001 - Clubhouse Drive Drainage Improvements Project No. 01-02 Contract Amount: $32,430.06 M.E.I Electric Pat Mackenzie 7933 Palm Avenue (909)862-9906 Highland, CA. 92346 2000 - 2001 - Youth Athletic Park in Mission Viejo Owner - City of Mission Viejo 25909 Pala, Ste# 200 Mission Viejo, CA. 92691 Contact: Wayne Mackey - Project Inspector (949) 470-3000 Original Contract with M.E.I. $257,643.48 City of Costa Mesa Bart Mejia 77 Fair Drive Contract Administrator Costa Mesa, CA. 92626 (714) 754-5291 2000-2001 - Parkway Concrete Repairs and New Sidewalk Project No. 00-10 Original Contract: $404,455.00 Change Orders: $ 39,777.09 Contract Total $444,232.09 ACTIVITY REPORT TIME 05/17/2006 09: 42 NAME CITY OF SJC FAX 9494933955 TEL 9494436363 SER. # BR005J240618 NO. DATE TIME FAX N0. /NAME DURATION PAGE(S) RESULT COMMENT #045 05/12 10:57 17149642879 01:28 09 OK TX ECM #046 05/12 10:59 15629417252 01: 23 09 OK TX ECM #047 05/12 11: 03 4931053 59 09 OK TX ECM #048 05/12 11:09 16612572991 00 00 BUSY TX #049 05/12 11:12 13103202664 04: 13 09 OK TX ECM #050 05/12 11: 17 17603273211 02:16 09 OK TX ECM 0051 05/12 11:19 19516741035 01:23 09 OK TX ECM 0052 05/12 11:22 17606748648 01: 08 09 OK TX ECM #053 05/12 11: 29 19099305813 02:15 09 OK TX ECM #054 05/12 11:39 18585501470 01:11 09 OK TX ECM #055 05/12 11:41 17142410665 02: 27 09 OK TX ECM #056 05/12 11: 54 16264808993 02:15 09 OK TX ECM #057 05/12 11:59 17144569649 02:18 09 OK TX ECM #058 05/12 12: 02 5955526 01:44 09 OK TX ECM #059 05/12 12: 06 16612572991 01:09 09 OK TX ECM 05/12 12:09 760 674 3202 14 01 OK RX ECM 05/12 13: 44 714 424 8539 50 01 OK RX ECM 05/12 13: 47 20 02 OK RX ECM 05/12 13:55 45 01 OK RX #060 05/12 13: 58 17148706485 42 03 OK TX ECM 05/12 14: 11 909 674 1035 24 02 OK RX ECM 05/12 14:12 909 674 1035 25 02 OK RX ECM 05/12 15:20 909 930 5813 13 01 OK RX ECM #061 05/12 16: 15 17142101360 26 02 OK TX ECM 05/12 16:19 16 01 OK RX ECM 05/13 12:43 46 01 OK RX ECM 05/14 20: 12 951 304 1260 29 01 OK RX ECM 05/14 20:15 45 01 OK RX ECM #062 05/15 09: 15 2481580 13 01 OK TX ECM 05/15 09: 49 46 01 OK RX ECM 05/15 10:24 47 01 OK RX ECM 05/15 10:37 7149620437 34 03 OK RX ECM 05/15 14: 27 28 04 OK RX ECM 05/15 14:43 909 930 5813 41 02 OK RX ECM #063 05/15 15:17 4984961 21 02 OK TX ECM 05/15 16: 33 916 845 8393 15 02 OK RX ECM 05/15 17:00 46 01 OK RX ECM 05/15 17:49 01: 21 02 OK RX ECM 05/15 18: 42 7603273211 54 04 OK RX ECM 05/15 18:47 01:21 02 OK RX ECM 05/16 08:41 21 01 OK RX ECM 05/16 09:50 01:22 02 OK RX ECM 05/16 11:41 21 01 OK RX ECM 0064 05/16 12:44 4747521 56 06 OK TX ECM 05/16 14: 18 04:12 13 OK RX ECM 05/16 14:29 45 01 OK RX ECM 0065 05/16 15:44 17147348991 01: 20 03 OK TX ECM 05/16 16: 30 44 01 OK RX ECM 05/16 19:07 01:22 02 OK RX ECM 0066 05/17 09:41 17142410665 35 02 OK TX ECM BUSY: BUSY/NO RESPONSE NG POOR LINE CONDITION / OUT OF MEMORY CV COVERPAGE POL POLLING RET RETRIEVAL PC PC-FAX AFFIDAVIT OF PUBLICATION PV ff6 nICATION STATE OF CALIFORNIA, ) KCC CeT Jv ) ss. 2606 MAY I I P 2: 24 County of Orange ) CITY CIL.Ek,( I am a citizen of the United States and a resident SAN JUAN CAPISTRANO of the County aforesaid;I am over the age of eighteen years,and not a party to or interested Proof of Publication of in the above entitled matter. f 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 MOTE antrma w� Court of the County of Orange,State of ++ WATI AJM e� ESIMMA California, on June 7, 1984, Case No.A-122949 AT vu " Noace Y ,=own ow 1M Gy d San i" in and for the City of San Juan Capistrano, to 0 G sealtlW�p Eshmaga u 22 �� ar WEry ofMry, County of Orange, State of California;that the S. a,a=a0 b1 Mr 10:00 a.m.w May notice, of which the annexed is a true printed �r�crrbs��s�a�.on ma copy,has been published in each regular and 'oo�rm Jr�r�oarcraaoa° '�Dawpa pw aWw a$15.00 ax each set a Plein and spaawnana entire issue of said newspaper and not in any oma: Arwa a,zoos supplement thereof on the following dates,to /s MrAaaml ET R.Monts en MMY OF SAN CAPISTCLERK RANO wit: ORANGE COUNTY.CAUFORNW PublWod:Capim m Valley New%.AprA 20,27,2008 April 20,27,2006 aoosazs 3.074 "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: April 27,2006 Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 NOTICE INVITING BIDS 14" WATERLINE CREEK CROSSING AT VIA ESTENAGA Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the 14"' Waterline Creek Crossing at Via Estenaga until 2:00 p.m. on the 16`h day of May, 2006. A pre-bid conference is scheduled for 10:00 a.m. on May 3, 2006, in the City Council Chamber. 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 $30.00, plus a charge of $15.00 for each set of Plans and Specifications mailed. Dated:April 11, 2006 V R RET R. MONAHAN, CITY CLERK ITY F SAN JUAN CAPISTRANO ORA GE COUNTY, CALIFORNIA FOR OFFICE USE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION 1, MARGARET R. MONAHAN, declare that 1 am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on April 20, 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 April 20,2006 and April 27,2006, the above Notice was published in the Capistrano Valley News newspaper. I . 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 14" WATERLINE CREEK CROSSING AT VIA ESTENAGA C.I.P. No. 767 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the construction of the 14" Waterline Creek Crossing at Via Estenaga will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 p.m. on May 16, 2006 at which time they yvill 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 installation of a 12" I.D. high density polyethylene (HDPE) pipe under San Juan Creek using horizontal directional drilling techniques. Connection to existing cast iron pipes at both ends of the project will be accomplished using conventional open cut methods. Landscape restoration in these areas is also included. N-3 LOCATION OF THE WORK: The Work shall be at the San Juan Creek between Cook Park Cordova and San Juan Creek Road, in the City of San Juan Capistrano. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 60 working days after the date the Notice to Proceed is issued. 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 will award the contract for this project to the lowest responsible bidder. (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 any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. City of San Juan Capistrano NOTICE INVITING BIDS 14"Waterline Creek Crossing at Via Estenaga Page 1 CADocuments and Settings\mguevara\Local Settings\Temporary Internet Files\OLK4\Part IB—Notice Inviting Bidsll.doc 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 10:00 pm on May 3, 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. N-12 EXISTING GEOTECHNICAL REPORT (a) The Bidder's attention is directed to the fact that a geotechnical boring and analysis was prepared by Lawson and Associates, dated November 8, 2004. (b) A copy of the boring results may be obtained from the Department of Public Works, City of San Juan Capistrano, 32450 Paseo Adelanto, San Juan Capistrano, CA 92675. An additional fee of$15 dollars will be charged for sets of documents sent by mail. (c) Said report and Addendum are made available for the convenience of the bidders only, and the City disclaims any responsibility for their contents. All statements, findings, and interpretations in said report and Addendum are those of Lawson and Associates. The City does not make any interpretations or representations as to the accuracy of said report and Addendum. Said report and Addendum are not a part of the Contract Documents, and all bidders shall make their own interpretations as to the conditions existing at the proposed site. N-13 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: i (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$30 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. (c) An additional fee of$15 dollars will be charged for sets of documents sent by mail. City of San Juan Capistrano NOTICE INVITING BIDS 14"Waterline Creek Crossing at Via Estenaga Page 2 C:\Documents and Settings\mguevara\Local Settings\Temporary Internet Files\OLK4\Part IB—Notice Inviting Bidsll.doc N-14 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 TflE CITY OF SAN JUAN CAPISTRANO Date CI S JU N CAPISTRANO Margaret onahan, CMC City Clerk City of San Juan Capistrano NOTICE INVITING BIDS 14"Waterline Creek Crossing at Via Estenaga Page 3 C:\Documents and Settings\mguevara\Local Settings\Temporary Internet Files\OLK4\Part IB—Notice Inviting Bidsll.doc NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: APRIL 20, 2006 APRIL 27, 2006 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — 14" WATERLINE CREEK CONSTRUCTION AT VIA ESTENAGA 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: (Ap111, 2006 Date of Bid Opening - 05/16/2006 Date(s) notice published - 04/20/2006 N� - 04/27/2006 1� Date affidavit received - Date notice posted in - 04/20/20060 designated posting places • • 2/6/2007 D18 AGENDA REPORT TO: Dave Adams, City Manager FROM: John W. Elwell, Interim Public Works Director SUBJECT: Consideration of Change Order No. 1 and Notice of Completion for the San Juan Creek Waterline Crossing at Via Estenaga (CIP# 752) (FEMA DR-1577) (S. Parker Engineering, Inc.) RECOMMENDATION: By motion, approve Change Order No. 1 in the amount of $62,882.55; and, adopt a resolution approving a Notice of Completion for the San Juan Creek Waterline Crossing at Via Estenaga (CIP #752) and Directing the City Clerk to Process Recording of the Notice. SITUATION: On June 20, 2006, City Council awarded the construction contract for the San Juan Creek Waterline Crossing at Via Estenaga to S. Parker Engineering Inc. in the amount of $295,200. After some delay due to shortages of availability of the 14 inch HDPE pipe, layout survey for the project commenced on August 11, 2006. Because the survey required some clearing of brush within the streambed, the City's Water Quality Engineer requested that the contractor receive approval from the California Department of Fish and Game prior to proceeding further. On September 11, 2006, the City received approval from the Department of Fish and Game to proceed with the project. Parker Engineering re-mobilized, completed the survey, erected construction fencing and sound walls. On October 7t", while performing the pullback of the 14" HDPE pipe, the contractor experienced an obstruction which prevented completion of directional- drilled line installation. The obstruction occurred approximately 50 feet from the planned end point, within the levee for the San Juan Creek. The only course of action available to complete the project was to dig down to locate the end of the pipe and to remove the obstruction. While fortunate that the pipeline had been pulled past the streambed (excavation within the streambed would bring additional environmental impacts and issues), the end of the pipe was located deep, approximately 23 feet below the top of the levee. The depth of the pipe required that a large excavator and shoring box be brought in. Because the excavation was to be within the County Flood Control District's (County) levee facility staff felt it prudent to contact the County and receive their approval prior to beginning this operation. AGENDA REPORT • • February 6, 2007 Page 2 On October 22, 2006, the City received approval from the County, and S. Parker Engineering commenced with the excavation the following day. The obstruction to the pipe pullback proved to be a large rock which had dropped into the drilled alignment. Also preventing displacement of the rock was a series of vertical pipes. Evidently these pipes had been used in the past as piles to secure the levee, as they seemed to proceed along the length of the levee. After removal of the obstructions, the contractor was able to complete the pullback of the pipe utilizing the excavator as the pulling mechanism. At some point in the process, either while trying to pull against the obstructions or during the final pullback with the excavator, the seal between the drilling head and the pipe had been torn. This allowed groundwater and sediment to enter the pipe. Removal and flushing of these materials from the line proved to be difficult because the sediment lodged in the deepest part of the line, approximately 40 feet below the surface on either side of the streambed. The contractor attempted to use a jetting vacuum truck and inflatable ball to push the sediment from the belly of the pipe. These attempts were unsuccessful. Finally, after developing special cleaning tools, Parker Engineering was able to successfully clean the line. The line was videotaped and then chlorinated. The line then passed all the required tests. On December 4, 2006, the project was completed. While the performance of work was not as expected (the original work was estimated to take about one month to complete), staff was impressed with S. Parker Engineering's ability to deal with the difficult circumstances that occurred on this project. The contractor could not have foreseen the encountering of an obstacle that would prevent pullback of the pipeline. This situation called for imaginative solutions to carry the project through to completion. In addition, staff also requested the replacement of an old blow off valve and 100 feet of asbestos cement line that were not shown on the plans. S. Parker Engineering has submitted backup for additional labor and materials costs in the amount of $62,882.55. Staff has reviewed the request for additional costs and has found them to be fair compensation for the work that was beyond the original contract. Staff is requesting approval of Change Order No. 1 in the amount of $62,822.55 for the San Juan.Creek Waterline Crossing at Via Estenaga (CIP #752). The San Juan Creek Waterline Crossing at Via Estenaga was put into operation on December 11, 2006, and has been performing as designed. Staff requests that the City Council adopt a Resolution approving the issuance of a Notice of Completion on this project. COMMISSION RECOMMENDATIONS: The Water Advisory Commission, at their January 23, 2007 meeting, recommended approval of Change Order No. 1 and adoption of a Notice of Completion for the San Juan Creek Waterline Crossing at Via Estenaga (CIP 752). AGENDA REPORT • • February 6, 2007 Page 3 FINANCIAL CONSIDERATIONS: City Council, at their March 21, 2006, meeting had appropriated funds totaling $750,000 to the project. The $359,011.17 final cost for construction (including Change Order No. 1) falls within the amount budgeted for the project as indicated below: Design Costs (RBF Consulting, Inc.) $103,961.54 Environmental Costs (LSA) $ 3,612.50 Geotechnical Costs (LGC) $ 13,000.00 Permit Fees (DFG, CFCD) $ 1,981.00 Construction Contract (S. Parker Engineering, Inc.) $295,200.00 Construction Inspection (RBF Consulting, Inc.) $ 14,109.31 Change Order No. 1 (S. Parker Engineering, Inc.) $ 62,882.55 Staff Time $ 14.776.98 Total Project Costs $509,523.88 The City has received an obligation letter from FEMA for $328,017 towards the cost of the line replacement. Staff will seek additional FEMA reimbursement based upon the final costs for the project. NOTIFICATION: S. Parker Engineering, Inc. RECOMMENDATION: By motion, approve Change Order No. 1 in the amount of $62,882.55; and, adopt a resolution approving a Notice of Completion for the San Juan Creek Waterline Crossing at Via Estenaga (CIP #752). Respectfully Submitted, Prepared by, J� w-c� CUAL ohn Iw Joe Mankawich Interim Director of Public Works Associate Engineer Attachments: 1. Change Order No. 1 2. Resolution 3. Notice of Completion CITY OF SAN JUAN CAPISTRANO San Juan Creek Waterline Crossing at Via Estenaga Contract Change Order No. 1 December 20, 2006 CONTRACTOR: S. Parker Engineering, Inc. This Change Order covers changes to the subject contract as described herein. The Contractor shall perform 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. 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. 1) S. Parker Engineering began mobilization of equipment after receipt of Notice to Proceed. After mobilization of fencing and portable toilets, the City's Environmental Administrator requested that an Army Corps of Engineers Streambed Alteration Permit be in place prior to commencing work. Work was delayed while the City waited for the permit to be processed. Four weeks of S. Parker Engineering equipment on the project, portable restrooms and temporary fencing. Total cost: $1,025.81 2) A stop work order was issued to the contractor due to encountering a rock or other obstacle which did not permit directional drilling to continue. A delay from October 7w thru October 231d was required to obtain a permit to dig up the Orange County Flood Control District's levee, since such work posed a potential hazard to public safety. No permit was initially required ATTACHMENT t because the work outlined in the contract documents occurred outside the flood control easement and had no impact to OCFCD facilities. It is not reasonable to assume that the contractor could have known that he would encounter an obstacle that would prevent him from continuing with pull- back of the pipe. This request is for additional compensation for equipment rental, which remained idle during this delay. Total cost: $4,823.61 3) In order to excavate and recover the pipe, additional fencing was required to surround the pit, the pit would require shoring, and rental of an excavator was required to reach the depth of 28 feet. Total cost: $8,122.99 4) Excavation revealed a large rock and a series of steel piles to be the reason why the pipe could not be pulled through. The obstructions were removed, a chain was attached to the drill rod, and the excavator was able to complete the remainder of the pull. Chlorination was attempted and failed, so a CCTV inspection was performed that revealed the pipe to be 1/3 full of sand, therefore a jet vacuum truck was employed to clean the line. Total cost: $5,028.37 5) The jetting, vacuuming and pulling of an inflatable ball would not move the material from the pipe and therefore the contractor called California Boring, Inc. for assistance, cleaning tools were invented and used to successfully clean the line. Total cost: $9,250.53 6) Once the pipe was cleaned, the contractor passed the required pressure testing and disinfection, completed the connections, backfilled the excavation, and completed the project, which took an extra 4 weeks of work. Additional costs for labor and equipment rental. Total Cost: $30,663.74 7) The existing pipe to be connected to was found to be asbestos cement pipe, rather than cast iron as depicted on the plans. Approximately 100 feet of this pipe had to be removed in order that the tie in be could made to a secure fitting. Asbestos cement pipe had to be properly handled and disposed of. Total Cost: $3,967.50 San Juan Creek Waterline Crossing at Via Estenaga Contract Change Order No. 1 The Contract Cost was $295,200.00 The cost of Change Orders to date is $0.00 The cost of this Change Order is $62,882.55 The current total cost of this project is: $359,011.17 The Contractor agrees to furnish all labor and materials and to perform all necessary work required to complete the tasks associated with this Order. 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: Jo nkawich, Associate Engineer ate APPROV : S. Parker Engineering, Inc. Steve T. Parker - President Contractor Date January 2, 2007 John Elwell, Director of Public Works Date RESOLUTION NO. 07-02-06-0 3 A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA (CIP NO. 752) (S. PARKER ENGINEERING, INC.) WHEREAS, on the 6th day of June, 2006, the City of San Juan Capistrano entered into a contract with S. Parker Engineering, Inc. for construction of the San Juan Creek Waterline Crossing at Via Estenaga; and, WHEREAS, the Engineer has evaluated the final quantities and cost figures and recommends approval. 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 $359,011.17. 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 6th day of February 2007. ,�[ZZ,V-,� -zsAM ALLEVATO, MAYOR ATTEST: 2 MARG ET R. MONAHAN, CITY CLERK Page 1 of 1 2/6/2007 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. 07-02-06-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 6"day of February 2007, by the following vote: AYES: COUNCIL MEMBERS: Hribar, Uso, Soto and Mayor Allevato NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Nielsen MA ARET R. MONAHAN, City Clerk 0 RECORDING REQUESTED BY: 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 Title of Document: Notice of Completion Contractor: S. Parker Engineering 2783 Tern Drive Costa Mesa, CA 92626 Project: San Juan Creek Waterline Crossing at Via Estenaga. THIS PAGE IS THE COVER PAGE FOR ALL CITY RECORDED DOCUMENTS ATTACHMENT 3 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to S. Parker Engineering, Inc. of Costa Mesa, California for the construction of the San Juan Creek Waterline Crossing at Via Estenaga. That said work was completed on December 4, 2006, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, 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 6th day of February , 2007, by Resolution No. That upon said contract, the First National Surety was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this_day of February, 2007. 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 February, 2007. Margaret R. Monahan, City Clerk City of San Juan Capistrano • Jtulon • 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 iii _ SAM ALLEVATO (949)493-1171 ✓r mCUR URATEo THOMAS W.HRIBAR (949)493-1053 FAx Enaulsam IB61 MARK NIELSEN www.sanjuancapistrpno.org 1776 JOE SOTO DR.LONDRES USO 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 February 6, 2007 in the City Council Chamber in City Hall, for the following agenda item: "A Consideration of Changer Order No. 1 and Notice of Completion for the San Juan Creek Waterline Crossing at Via Estenaga (CIP #752)(FEMA DR 1577)(S. Parker Engineering, Inc)" — Item No. D18. 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, February 5, 2007 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 Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 949-487-4313 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-agendas5sanivancapistrano.org. Meg Monahan, MMC City Clerk cc: S. Parker Engineering, Inc; John W. Elwell, Interim Public Works Director; Joe Mankawich, Associate Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future CI Printed on 100'/o recycled pgper 32400 PASEO ADEIANTO � � � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM TO (949)4831171 �jy, THOMAS W HR l� IAf0AV0AAtEA THOMAS W-HRBAR (949)4931053 FAX • Enaeusdm 1961 MARK NIELSEN www.snnjuancapiclrano.org p76 JoEsoro DR.LONDRES USO February 8, 2007 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On February 6, 2007, the City Council of San Juan Capistrano met regarding: "Consideration of Changer Order No. 1 and Notice of Completion for the San Juan Creek Waterline Crossing at Via Estenaga (CIP #752)(FEMA DR 1577)(S. Parker Engineering, Inc)" Item No. D18. The following action was taken at the meeting: San Juan Creek Waterline Crossing at Via Estenaga (CIP No. 752) Change order No. 1, in the amount of $62,882.55 approved; and resolution No. 07-02-06-03 adopted approving a notice of completion for the project and directing the City Clerk to process recording of the notice of completion. If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at 949-487-4313 for more detailed information. jCi nk yo��eg o ahan, MMC t ler Cc: S. Parker Engineering, Inc; John W. Elwell, Interim Public Works Director; Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �� Pnntetl o0 100%recycled paper 6/20/2006 AGENDA REPORT D10 TO: Dave Adams, City Manager FROM: Eric Bauman, Water Engineering Manager SUBJECT: Consideration of Award of Construction Contract for the San Juan Creek Waterline Crossing at Via Estenaga (CIP# 752) (FEMA DR-1577) (S. Parker Engineering, Inc.) RECOMMENDATION: By motion, approve award of the construction contract for the San Juan Creek Waterline Crossing at Via Estenaga (CIP #752) to S. Parker Engineering, Inc. in the amount of $295,200. SITUATION: At their March 21, 2006, meeting, City Council approved the design and environmental documents for the San Juan Creek Waterline Crossing at Via Estenaga. Staff released the plans and specifications for bid on April 3, 2006, and on May 16, 2006, received six bids (Attachment 1). Staff had requested alternate bids for 14-inch and 10-inch lines to determine the cost between replacement with the current sized waterline or upsizing to meet future needs. Staff is recommending installation of Alternate A, the 14-inch option, as the $22,800 cost difference is small compared to the future costs of installing additional waterline crossings to meet development needs in the eastern portion of the City. These costs will aide in determining FEMA reimbursement on the project. As FEMA can only reimburse costs for replacement, the $22,800 upgrade cost would, therefore, be the City's responsibility. The low bidder S. Parker Engineering, Inc. has been contacted and is prepared to proceed with the project upon City Council approval. The license and references for S. Parker Engineering have been checked by staff and have been found to be in good standing. Staff, therefore, recommends award of the San Juan Creek Waterline Crossing at Via Estenaga to S. Parker Engineering, Inc. in the amount of$295,200. COMMISSION REVIEW AND RECOMMENDATIONS: The Water Advisory Commission, at their May 23, 2006, meeting, recommended award of the San Juan Creek Waterline Crossing at Via Estenaga to S. Parker Engineering, Inc. AGENDA REPORT • June 20, 2006 Page 2 FINANCIAL CONSIDERATIONS: City Council, at their March 21, 2006, meeting had appropriated funds totaling $750,000 to the project. The $295,200 bid cost falls within the budgeted amount. The City has received an obligation letter from FEMA for $328,017 towards the cost of the line replacement. Staff will seek additional FEMA reimbursement based upon the final costs for the project. NOTIFICATION: S. Parker Engineering, Inc. Horizon Underground, Inc. West Valley Construction Golden State Boring and Pipe Jacking Denboer Engineering & Construction SoCal Pacific Construction Corp. RECOMMENDATION: By motion, approve award of the construction contract for the San Juan Creek Waterline Crossing at Via Estenaga (CIP #752) to S. Parker Engineering, Inc. in the amount of $295,200. Z pec Ily Su itte Prepared by, B ma an a Mankawic Water Engineering Manager Associate Engineer Attachments: 1. Bid Opening Report 2. Contract • Bid Opening Report • Bids Opened May 16, 2006 at 2:00 p.m. Project Title Waterline Creek Construction @ Via Estenaga Project Engineer Joe Mankawich Pre Bid Estimate $750,000 Bidder MBid bAmo ntBill Bondd//Addend/a? 49 1. Horizon Gnderdrolnid, Inc. $ KV/0, ( i ) 2, S. Parker Engineering, Inc. $� M �� 3 WestValley Construction 4. Golden State Boring $ Pipe Jacking$ (/{!�/ MU ti / 10 7 / 5 Denboer Engineering & Costruction 6. SOCal Pacific Construction Corp. �✓ / 7. $ / 8. 1 Sign Date cc: City Clerk 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. ATTACHMENT CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 20th day of June, 2006, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and S. PARKER ENGINEERING, INC., 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 SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-1 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 Project. The Project is described as: San Juan Creek Waterline Crossing at Via Estenaga as delineated in the Plans and Specifications prepared by RBF Consulting, Inc., dated April, 2006. Work to include: the installation of a 12" I.D. high density polyethylene (HDPE) pipe under San Juan Creek using horizontal directional drilling techniques. Connection to existing cast iron pipes at both ends of the project will be accomplished using conventional open cut methods. Landscape restoration in these areas is also included, and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: 14" Waterline Creek Crossing at Via Estenaga. CITY OF SAN JUAN CAPISTRANO. AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-2 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. 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) work 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 which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-3 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; 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-4 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: 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-5 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 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. Section 10. Liquidated Damages for Delay. 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 One Thousand Seven Hundred Dollars and No Cents ($1700.00) per day, as liquidated damages, and CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA - B-6 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 sum of Two Hundred Ninety Five Thousand Two Hundred dollars and no cents ($295,200) as itemized on the attached 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 payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-7 • i 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-B • i 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 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: CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-9 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 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-10 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' 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-11 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. 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: CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-12 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 $1,000,000 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-13 0 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-14 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 SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA 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 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 SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-16 To Contractor: Steve T. Parker S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA, 92626 CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-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 S.PARKER�ENGIINEERING, INC. BY: .91eve President ATTEST: By: Margaret R. Monahan, City Clerk APPROV A TO FO By: John Shaw, City o ey CITY OF SAN JUAN CAPISTRANO AGREEMENT SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA B-18 32400 PASEO ADELANTO i% 5� �\ MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 �� bLp' SAM ALLEVATO (949)493-1171 iA[AAAAAAIEA DIANE BATHGATE (949)493-1053 FAx BwullAm 1961 MATT www..vagivancapistrano.org (]]6 JOEOTORT DAVID M.SWEROLIN 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 June 20, 2006, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Construction Contract for the San Juan Creek Waterline Crossing at Via Estenaga (CIP# 752) (FEMA DR-1577) (S. Parker Engineering, Inc)" — Item No. D10. 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 Board and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, June 19, 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 Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 949-487-4313 with any questions. The Agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.or-g. 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-agendas5sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: S. Parker Engineering, Inc; West Valley Construction; Denboer Engineering & Construction; Horizon Underground, Inc; Golden State Boring and Pipe Jacking; SoCal Pacific Construction Corp.; Eric Bauman, Water Engineering Manager; Joe Mankawich, Associate Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future C� Printed on 100%Recycled Paper 32400 PASEO ADELANTO F'� A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 L� I—S' SAM EVATO (949)493-1171 ��+ - DIANE ATHG (949)493-1053 RAX Y mmRVOAnTEa DIANE BATHGATE fS1A1lISX[o (96� WYATT HART www..sanjuancapistrano.org 1776 JOE SOTO • DAVID M.SWERDLIN June 21, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On June 20, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Award of Construction Contract for the San Juan Creek Waterline Crossing at Via Estenaga (CIP# 752) (FEMA DR-1577) IS. Parker Engineering, Inc)" Item No. 1310. The following action was taken at the meeting: Construction contract for the San Juan Creek waterline crossing at Via Estenaga awarded to S. Parker Engineering, in the amount of $295,200. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at 949-487-4313 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: S. Parker Engineering, Inc; West Valley Construction; Denboer Engineering & Construction; Horizon Underground, Inc; Golden State Boring and Pipe Jacking; SoCal Pacific Construction Corp.; Eric Bauman, Water Engineering Manager; Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future ��Printed on 100%Recycled Paper AFFIDAVIT OF PUBLICATION PROO�QFe�iftff ION STATE OF CALIFORNIA, ) C CC 11 �rl �- ) as. 19Bb NAR 15 P 3 51 County of Orange ) CITY CLERK I am a citizen of the United States an resident SAN JUAN CAPISTRANO of the County aforesaid;I am over the of eighteen years,and not a p to teres d Proof of Publication of in the above entitled matter.I pal clerk of the Capistrano Valle s, a newspa er that has been adj a `o b _..,pewspape f general circ at r{i a Superior Co rt f e only of rygE', tate of (it forni on June 7, ., ase No. A-122949 MY 01I SM�CAPM111YMo i d for the City of"A ' an Capistrano, MG71C!W MMwr nnrmM,mal m the ON of Mand, 8008 at 7:OD P.M. In t o City Counra ChMhber, 32100 Coon of Or St to f California;that the �J°° a'"�"'" .�aR11e'a"CRY g�r CpawM rAe hda a pubes ha.rap m the blloMnp: notice,of whic the, axed is a true printed am �t�vu copy,has been pu shed in each regular and ep�8p�-Ck'ol ye e"J1°" �yC°, ' "`y1°n° at Ftlrr ana The for Ne am Juen t]ee0e W�ilewr- entire issue of sa' newspaper and not in any r11 gopM to Dw*4 the te.y'raWAH of .tirwrY 2W0.IN werenbro Noes 0wour ik a l"naw Bn nd supplement thereof on the following dates,to n d we e"°n>M aq . OP'006 r8arder UD ermun,88% �iiioer'kr�a�ayyarp��'ert*."� PP g 'I='%ede dft 0180 i" ,..kkebwro « Mm n.noY ee aE wit: Oft of On SW W&W a�mm"WWCrWk"�'Aur Wy firCKYe dake odoMr. trend March 9,2006 r. nwK�OW direolkrel�aPO*bw up0" "ft raeatc bW area,to waWOts Noel be eMWMtl by heW WIIIbe rwa.rale wz7r d wppMopppaWrr _Wpbo a ObbY neolen camr Nn Wwr�irc0'ror'f'i ld0YPw. The "I certify(or declare)under the penalty of paw wtll N^waler�^Jnart aealr kaar oaalr C 1a'a Prk Eo 8en_Jaaa Cfeek aael perjury under the laws of the State of California i nos,- b be hm IIeayp��p=� NhBMn�me pwWrap V: MM Must be autr that the foregoing is true and correct": deer do Clerk arkfrp�Dft,asMa�CA Executed at Santa Ana,Orange County, �eam N� rnuatcrindsuchch California,on rvr ft-9W Wamalim YOU MW urns+Ro)ed 9WWWNIr, Joe Muemwkh R P"407.4313. Date: March 9,2006 Capistrano Valley Nome69906M .March 8,2008 3o15 — _ Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana,CA 92701 (714)796-2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: THURSDAY, March 9, 2006 DOCUMENT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING — VIA ESTENAGA (CIP 767) PROOF OF PUBLICATION Please send to: City Clerk's Division, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) AUTHORIZED BY. I/(J DATE: February , 2006 Date of Public Hearing - March 21, 2006 Date notice published - March 9, 2006 Date affidavit received - Date notice posted in designated posting places (3) - March 9, 2006 Date notice posted on property - N/A Date of mailing notice to interested parties - N/A Date notice transmitted to City Manager's Office - 2/28/2006 NOTICE OF PUBLIC HEARING . 77n6 n 1961 . CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 21st of March, 2006 at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA (CIP # 767) The City of San Juan Capistrano, as applicant, requests adoption of a Mitigated Negative Declaration and approval of Plans and Specifications for the San Juan Creek Waterline Crossing at Via Estenaga. During the heavy rainfall of January 2005, the waterline was compromised and now lies exposed in the creek. In order to ensure safe operation and maintenance of this line the City must replace approximately 600 feet of this waterline, and reconnect to their system on both sides of the creek. Due to the environmental sensitivity of the San Juan Creek river bed and the City's desire to avoid adverse environmental impacts, the City has determined that directional drilling will be used to construct the replacement line. Using specialized equipment set up outside the creek bed area, the waterline will be installed by drilling under the creek at a depth of 27 feet. The drill head will be guided by a Global Positioning System to insure proper alignment of the pipeline. The ends will then be connected using conventional construction techniques. The project will run under San Juan Creek from Cook Cordova Park to San Juan Creek Road. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:00 p.m., on Monday, March 20, 2006 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. For further information you may contact Project Engineer, Joe M nkawich/at (949) 487-4313. v _ RG ET R. MONAHAN, CITY CLERK 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 March 9, 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 March 9, 2006, the above Notice was published in the Capistrano Valley News newspaper. I declare under penalty of rj ry that the regoing is true and correct. MAR T R ONAH N, CI CLERK City of S n Ju Capistrano, Calffornia i • 3/21/2006 AGENDA REPORT G 1 b TO: Dave Adams, City Manager Qk / FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Approval of the Mitigated Negative Declaration and Plans and Specifications for San Juan Creek Waterline Crossing, at Via Estenaga (CIP#767) (FEMA DR-1577) RECOMMENDATION: Open the public hearing, receive testimony, and close the public hearing; and, by motion: 1. Adopt a resolution approving the Mitigated Negative Declaration for the San Juan Creek Waterline Crossing at Via Estenaga; and, 2. Approve the Plans and Specifications for the San Juan Creek Waterline Crossing Project at Via Estenaga, and direct the City Clerk to advertise the project for competitive bids; and, 3. Appropriate $315,000 from the Water Replacement Fund to the Undefined Water Replacement Project (CIP #767). SITUATION: In January 2005, extreme weather conditions brought about severe erosion to the San Juan Creek streambed. The San Juan Creek Waterline Crossing at Via Estenaga was exposed but remains intact, although loss of this line is eminent. At their August 16, 2006, meeting, City Council approved award of the design and environmental review contract for the San Juan Creek Waterline Crossing at Via Estenaga to RBF Consultants, Inc. RBF Consultants have completed the Initial Study/Mitigated Negative Declaration (IS/MND) for the project and have posted, received public comment, and responded to comments in regards to these environmental documents. Staff is recommending City Council adopt the IS/MND. RBF Consultants have also completed the plans and specifications for the project. Due to the environmental sensitivity of the San Juan Creek riverbed and the City's desire to avoid adverse environmental impacts, the design utilizes directional drilling to construct AGENDA REPORT • • March 21, 2006 Page 2 the replacement waterline. Specialized drilling equipment will be setup outside of the creek bed area, and the waterline will be installed by drilling underneath the creek. The drill head is guided by a Global Positioning System to insure that the waterline is installed in the desired horizontal and vertical alignment. The ends will then be connected to existing waterline facilities by conventional methods. The old line will be abandoned, with the exposed portions being removed by hand method to minimize disturbance in the creek area. Staff is recommending City Council approve of the plans and specifications for the San Juan Waterline Creek Waterline Crossing at Via Estenaga. COMMISSION REVIEW AND RECOMMENDATIONS: The Water Advisory Commission, at their February 28, 2006, meeting, recommended adoption of the Mitigated Negative Declaration and approval of the Plans and Specifications for the San Juan Creek Waterline Crossing at Via Estenaga. FINANCIAL CONSIDERATIONS: The preliminary cost estimate for the San Juan Creek Waterline Crossing at Via Estenaga, including design, CEQA, construction and construction management costs is $750,000. This work was unanticipated and is not included in the FY 2005/2006 Budget. However, staff has been working with FEMA and has received an obligation letter for $336,423 towards the cost of the line replacement. This amount was based upon an early FEMA estimate and could be increased based upon the final costs of the project. Staff recommends that the current unfunded balance of $415,000 be appropriated from the following sources; $100,000 from the unspent balance of the Undefined Water Replacement Project (CIP # 767) and $315,000 from the Water Replacement Fund. Staff will seek additional FEMA reimbursement based upon the final costs for the project. NOTIFICATION: A public hearing notice was published and posted by the City Clerk's Office pursuant to the public notice requirements of Administrative Policy 409. No individually addressed public hearing notices were mailed because no residences are located within 500 feet of the proposed work area. AGENDA REPORT • • March 21, 2006 Page 3 RECOMMENDATION: Open the public hearing, receive testimony, and close the public hearing; and, by motion: 1. Adopt a resolution approving the Mitigated Negative Declaration for the San Juan Creek Waterline Crossing at Via Estenaga; and, 2. Approve the Plans and Specifications for the San Juan Creek Waterline Crossing Project at Via Estenaga, and direct the City Clerk to advertise the project for competitive bids; and, 3. Appropriate $315,000 from the Water Replacement Fund to the Undefined Water Replacement Project (CIP #767). Reesyp� vecc fuully Submitted, Prepared by, nn _ ` MNiu� 11 1 .�— Amy Amirani Joe Mankawich Public Works Director Associate Engineer Attachments: 1. Mitigated Negative Declaration 2. Plans and Specifications 3. Public Hearing Notice 4. Resolution ATTACHMENT 1 & 2 Due to the size of these attachments, a copy has been provided for City Council review, as well as a copy for public review at the Office of the City Clerk located at the 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. NOTICE OF �. PUBLIC HEARING , 177 6 6 IM CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 21st of March, 2006 at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA (CIP # 767) The City of San Juan Capistrano, as applicant, requests adoption of a Mitigated Negative Declaration and approval of Plans and Specifications for the San Juan Creek Waterline Crossing at Via Estenaga. During the heavy rainfall of January 2005, the waterline was compromised and now lies exposed in the creek. In order to ensure safe operation and maintenance of this line the City must replace approximately 600 feet of this waterline, and reconnect to their system on both sides of the creek. Due to the environmental sensitivity of the San Juan Creek river bed and the City's desire to avoid adverse environmental impacts, the City has determined that directional drilling will be used to construct the replacement line. Using specialized equipment set up outside the creek bed area, the waterline will be installed by drilling under the creek at a depth of 27 feet. The drill head will be guided by a Global Positioning System to insure proper alignment of the pipeline. The ends will then be connected using conventional construction techniques. The project will run under San Juan Creek from Cook Cordova Park to San Juan Creek Road. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:00 p.m., on Monday, March 20, 2006 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. For further information you may contact Project Engineer, Joe M nkawich/at (949) 487-4313. RG RET R. MONAHAN, CITY CLERK ATTACHMENT 3 RESOLUTION NO. 06-03-21-0 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,APPROVING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF PLANS FOR THE REPLACEMENT OF THE SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA WHEREAS, the Public Works Department has prepared plans for the San Juan Creek Waterline Crossing at Via Estenaga to replace a waterline exposed during the 2005 winter storms and such replacement is consistent with the recommended water facilities improvements contained in the City Council-adopted Domestic Water Master Plan (DWMP); and, WHEREAS,the proposed project has been processed pursuant to Section 9-2.337, Public Improvement Plans and Outside Agency Development Review of the Land Use Code; and, WHEREAS, the Director of Public Works has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines; has determined that the project qualifies for issuance of a Mitigated Negative Declaration (MND), has issued a Negative Declaration pursuant to Section 15070 of those guidelines; and has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines. The City has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970) and all recommended mitigation measures have been incorporated herein; and, WHEREAS, The Draft Mitigated Negative Declaration for the City of San Juan Capistrano Capital Improvement Project `San Juan Creek Waterline Crossing at Via Estenaga"was made available for public review and comment pursuant to the California Environmental Quality Act (CEQA) Guidelines (Section 15073) for a period of 20 days, commencing on December 22, 2005, and ending on January 20, 2006; and during this review period, the City received several comment letters from agencies; and in accordance with CEQA Guidelines Section 15073 (c), the City has evaluated the comments with respect to the proposed project; and, WHEREAS, the City Council conducted a duly noticed public hearing on March 21, 2006, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby makes the following findings based on substantial evidence in the record with respect to compliance with the provisions of the California Environmental Quality Act: Page 1 of 6 03-21-2006 Section 1. Pursuant to California Environmental Quality Act (CEQA) Guidelines §15074, the Initial Study/Mitigated Negative Declaration (IS/MND) considers all potentially significant environmental effects of the proposed project and is complete and fully complies with all requirements of CEQA and the Guidelines; and, Section 2. The project could result in potentially significant air quality impacts as a result of construction-related emissions. However,the following proposed mitigation measures will reduce such impacts to a level of insignificance: AIR 1. During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust preventive measures using the following procedures, as specified in the South Coast Air Quality Management Districts Rule 403: ❖ Re-vegetate disturbed areas as quickly as possible. ❖ All excavating orgrading operations shall be suspended when wind speeds (as'spontaneous gusts) exceed 25 mph; ❖ All streets shall be swept once per day if visible soil materials are carried to adjacent streets(recommend water sweepers with reclaimed water); Install wheel washers where vehicles enter and exit unpaved roads onto ' paved streets, or wash trucks and any equipment leaving the site each trip; ❖ All on-site roads shall be paved as soon as feasible, watered periodicall, or chemically stabilized, and ❖ The area disturbed by cleaning, grading, earthmoving, or excavation operations shall be minimized at all times. AIR 2. The Construction Contractor shall select construction equipment based upon low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturers specifications. Compliance with these measures will be subject to periodic inspections of the construction equipment by the City. AIR 3. All haul trucks for excavated or graded material on-site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and(e)(4) as amended, regarding the prevention of such material spilling onto public street and roads. Page 2 of 6 03-21-2006 Section 3. The project could result in potentially significant biological resources impacts as a result of construction-related activities. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: BIO 1. To avoid potential trampling of arroyo toad, removal of the exposed portions of the existing pipeline within San Juan Creek shall occur outside of the breeding season (March15 through July1). If pipeline removal cannot be conducted outside of the breeding season, then the City will arrange for protocol presence absence surveys for the arroyo toad to be conducted within the project area by a qualified biologist, a maximum of two weeks prior to any work within the San Juan Creek Channel. If arroyo toad is determined to be present within the stud area, pipeline removal activities shall be postponed to occur outside the breeding season or, the City may direct their biologist to contact the United States Fish and Wildlife Service to determine the appropriate action to allow removal to proceed and avoid take of the species. BIO 2. Prior to construction, the CDFG shall be notified of the proposed activities and a 1602 Streambed Alteration Notification Package shall be submitted to the Department of Fish and Game. F required, a Streambed Alteration Agreement shall be obtained prior to initiation of project activities. Section 4. The project could result in potentially significant cultural resources impacts as a result of construction-related activities. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: CR 1. Archeological Monitor. A qualified archeologist (defined as an archeologist on the List of Certified Archeologists for Orange County) shall be retained by the City of San Juan Capistrano and shall be present at the pre-construction meeting to advise construction contractors about the sensitive nature of the cultural resources located on and/or in the vicinity of the project site, as well as monitoring requirements. A qualified monitor, supervised by the qualified archeologist, shall observe on and offsite construction activities that result in grading, and/or excavating below the original ground surface. Should no-human cultural resources be discovered, the monitor power to temporarily halt or divert the construction activities until the qualified archeologist can determine if the resources are significant and, if significant, until recovered by the archeologist. In the event that human remains are discovered, construction activities shall be halted or diverted until the provisions of SS7050.5 of the Health and Safety Code and SS 5097.98 of the Public Resources Code have been implemented. Section 5. The project could result in potentially significant water quality impacts related to the existing pipeline removal work. However, the following proposed mitigation measure will reduce such impacts to a level of insignificance: Page 3 of 6 03-21-2006 ❖ WQ 1. Prior to commencement of the removal activities, a waste Discharge Requirement (WDR) or waiver thereof, may be required from the San Diego RWQCB for the discharge of potable water to San Juan Creek. IF WDR's ae prescribed the City of San Juan Capistrano shall incorporate mitigation measures identified in the WDR to reduce potential significant impacts to the water quality and public nuisance that are due to the treatment or discharge of waste. Section 6. The project could result in potentially significant noise impacts related to the directional drilling work, and from construction-related traffic. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: N.1 Noise sources associated with construction, repairs, remodeling, or the grading of any real property, shall be exempt from the provisions of the City's noise code if conducted from 7:00 a.m. to 6:00 p.m. on Monday through Friday, orfrom 8:30 a.m. to 4:30 p.m. on Saturday. Construction is prohibited at anytime on Sunday ora Federal holiday. N.2 Equipment will use available noise suppression devices and properly maintained mufflers. Construction noise will be reduced by using quiet or`new technology, equipment, particularly the quieting of exhaust noises by use of improved mufflers where feasible. All internal combustion engines used at the Project site will be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment will be maintained in good mechanical condition so as to minimize noise created by faulty orpoorly maintained engine, drive-train and other components. N.3 During all site preparation, grading and construction, contractors shall minimize the staging of construction equipment and unnecessary idling of equipment in the vicinity of residential land uses. N.4 The equipment staging area will be situated so as to provide the greatest distance separation between construction-related noise sources and noise- sensitive receptors nearest the Project site during all Project construction. N.5 Notification will be given to residences within 91 meters (300 feet) of planned construction activities thirty (30) days prior to commencement of demolition activity, and will include a brief description of the project, the overall duration of the various construction stages, noise abatement measures that will taken, and the name and phone number of the construction site supervisor or his designee to report any violation of a noise or mitigation standard. Section 7. The project could result in potentially significant temporary transportation impacts related to construction activity at the project site. After construction of the project, all transportation Page 4 of 6 03-21-2006 impacts would cease. The following proposed mitigation measures will reduce such impacts to a level of insignificance: TRF 1. A Traffic Management Plan (TMP) shall be prepared to address short-term mitigation forroadways and shall be subject to City approval prior to demolition or construction of any facilities. This plan shall consist ofprior notices, adequate sign-postings, detours, phased construction and temporary driveways where necessary. The Plan shall specify implementation timing of each plan element (prior notices, sign-postings, detours, etc.) as determined appropriate by the Water District Engineer. Adequate access to and from residential areas shall be provided at all times. Proper detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction activities shall not interfere with any emergency response of evacuation plans. Construction activities shall proceed in a timely manner in an effort to reduce impacts. Section 8. The proposed project could result in potentially significant Utilities & Service Systems impacts during construction related activity at the project site. However, all proposed mitigation measures previously incorporated herein will reduce such impacts to a level of insignificance. NOW,THEREFORE, BE IT FURTHER RESOLVED,that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to General Plan consistency: Section 1. The proposed project is consistent with the policies and objectives of the General Plan, specifically, the Public Services & Utilities Element because the proposed waterline replacement will ensure that the City maintains the ability to provide the required high- quality and dependable water service to the community, and the ability to provide more than adequate fire flow capacity. Section 2. The proposed project is consistent with the City Council adopted Domestic Water Master Plan (DWMP) which identifies the replacement of the existing waterline (Project E-22) to provide necessary higher levels of water service to existing and proposed developments located in the surrounding area. NOW, THEREFORE, BE IT FURTHER RESOLVED,that the City Council of the City of San Juan Capistrano does hereby recommend adoption of a Mitigated Negative Declaration subject to the mitigation measures contained herein; further recommends approval of the project construction plans and specifications for the proposed project. Page 5 of 6 03-21-2006 PASSED, APPROVED AND ADOPTED this 21st day of March, 2006, DAVIDSWERDIIN, M Y ATTEST: -- jg - k"� MA GA ET R. MONAHAN, CITY CLERK 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.06-03-21-04 was duly adopted by the City Council of the Cityof San Juan Capistrano at a Regular meeting thereof, held the 21"day of March 2006, by the following vote: AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin NOES: COUNCIL MEMBER: None ABSENT: COUN I/LLMMEMBER: None tRIARIET R. MONAHAN, City Clerk Page 6 of 6 03-21-2006 U.S. Postal Service,,, CERTIFIED MAIL,,,, RECEIPT co 32400 PASEO ADELA14TO �� I J •' • 1CIL Er SAN JUAN CAPISTRANO,CA 92675 / MC (949)493-1171 t��y` uuvo 0' r'^ — a yr •x (949)4931053 PAx . WWII n-Ir www.sanjuancapistrano.org 1778 ^' Postage a , OCertilled Fee 2, Postmark February 7, 2007 o RsemRecel"Fee (Endorsement Required) Here Er Res(rDeliveryFee C � I• D-' (Endorsement Required) ru Total Postage 8 Fees .$ , S Clerk-Recorder's Office o e N Svee4" a; County of Orange wPORwAb. -" "-"�- ,�' P.O. Box 238 Santa Ana, California 92701 Re: Notice of Completion (S. Parker Engineering, Inc.) 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. e t y ours ria M rris C� Deputy City Clerk Cc: Joe Mankawich, Associate Engineer John Elwell, Interim Public Works Director {rte San Juan Capistrano: Preserving the Past to Enhance the Future �I Printed on 100%recycled paper 32400 PASEO ADEI—ANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i SAMALLEVATO (949)493,1171 m1o11111tt1 31053 FAX THOMAS L HRIBAR (949)49 (IT11ISHU I 1961 MARK NIESEN www.sanjuancapistrano.org 1776 JOE SOTO • • DR.LONDRES USO February 28, 2007 S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA 92626 Re: San Juan Creek Waterline Crossing at Via Estenaga To whom it may concern: At their meeting of February 6, 2007, the City Council of the City of San Juan Capistrano adopted Resolution 07-02-06-03 accepting the work as completed for San Juan Creek Waterline at Via Estenaga. 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 February 14, 2007;therefore,the final payment in the amount of$35,808.26 may be released on March 21, 2007. If you Jayeny questions, please do not hesitate to call. Ve urs, 15 Mar1tCl( cc: Joe Mankawich, Associate Engineer John W. Elwell, Interim Public Works Director Dottie Shaw, Accounting Clerk San Juan Capistrano: Preserving the Past to Enhance the Future �, Pnnted on 100°o recycled paper 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 //j SAMTO (949)493-1171 (949)493-1053 FAX IA(OIIOAAIFO DIANEE BATHATHDATE BFARISRfO I �B6( WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN July 17, 2006 Steve T. Parker S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA 92626 Dear Mr. Parker: A Construction Contract for the San Juan creek Waterline Crossing at Via Estenaga is enclosed for your records. Although we have received a certificate of insurance, please be aware that the following documentation Will soon expire: ♦ The Auto, General Liability & Endorsement Form will expire on August 1, 2006. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. If you have questions specific to the contact, please contact the project manager, Joe Mankawic , Ass iate Engineer (949) 487-4313. Please call me at (949) 443-6309 if y b y qu ss regarding insurance. T u vara Deputy ity Clerk cc: Joe Mankawich, Associate Engineer John, Elwell, Interim Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future CEJ Pd.%d.n 100%Recycled Paper 1 FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 1 SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA ' SCH NO. 2005121140 ' LEAD AGENCY: THE CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Contact., Ms. Amy Amirani (949) 443-6363 • t�usata 1961 1776 ' February 2006 JN 10-104453 �,b i COMMENTS AND RESPONSES 1 RESPONSE TO COMMENTS 1 SAN JUAN CREEK WATERLINE j CROSSING REPLACEMENT AT VIA ESTENAGA SCH NO. 2005121140 LEAD AGENCY: f�+40wtr• THE CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 i Contact: Ms. Amy Amirani (949) 443-6363 CONSULTANT: C13NEULTING 14725 Alton Parkway Irvine, CA 92618 Contact: Mr. Michael Marquis Project Manager 949/855-3638 February 2006 JN 10-104453 ' own CONSULTING February 2, 2006 10-104453 Mr. William Ramsey, AICP Principal Planner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SUBJECT; Response to Comments: San Juan Creek Waterline Crossing Replacement at Via Estenaga Dear Mr. Ramsey: RBF Consulting (RBF) is pleased to submit the attached comments and responses relative to the San Juan Creek Waterline Crossing Replacement at Via Estenaga Initial Study/Mitigated Negative Declaration. Please note that the California Environmental Quality Act (CEQA) Guidelines do not require preparation of written responses to public comments on an IS/MND; however, we have prepared this response package for use at the upcoming Planning Commission and City Council hearings. Please call me at 949/855-3638 if you should have any questions, or require any additional information. Sincerely, Michael Marquis Project Manager Water Resources PLANNING ■ DESIGN ■ CONSTRUCTION 14725 Alton Parkway,Irvine,CA 92618-2027•P.O.Boz 57057,Irvine,CA 92619-7057.949.472.3505•FAX 949.472.8373 Offices located throughout California,Arizona&Nevada • w .RBF.com RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Replacement at Via Estenapa TABLE OF CONTENTS TABLE OF CONTENTS Introduction.......................................................................................................................... 1 State Clearinghouse Acknowledgment of Receipt................................................................ 2 Comment Letter 1: California Cultural Resource Preservation Alliance, Inc. (1-18-06) Patricia Martz, Ph.D., President............................................................4 ' Response No. 1 ...................................................................................................................5 Comment Letter 2: California Department of Transportation— District 12 (1-19-06) Robert F. Joseph, Chief IGR/Community Planning Branch ...................6 ResponseNo. 2 ...................................................................................................................7 Comment Letter 3: County of Orange—Resource and Development Management Department(1-20-06) Ronald Tippets, Chief Environmental Planning Division ........................8 ResponseNo. 3 ................................................................................................................. 10 Comment Letter 4: California Department of Fish and Game (1-20-06) Michael J. Mulligan — Deputy Regional Manager................................. 11 ResponseNo. 4 ................................................................................................................. 14 ' City of San Juan Capistrano February 22,2006 SCH No.2005011070 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Replacement at Via Estenaga INTRODUCTION INTRODUCTION The San Juan Creek Waterline Crossing Replacement at Via Estenaga Initial Study/Mitigated Negative Declaration (IS/MND) was circulated for the required 30-day public review period, in accordance with the California Environmental Quality Act (CEQA), CEQA Guidelines, and the City of San Juan Capistrano's policies for implementing CEQA. During the public review period, the City received four (4) comment letters. It should be noted that the CEQA Guidelines (Section 15047(b)) do not require preparation of written responses to public comments on an IS/MND, although the City has prepared these responses to ensure adequate consideration of ' the comments received. This Response to Comments document, combined with the Draft IS/MND circulated from December 22, 2005 to January 20, 2006, make up the Final IS/MND. Following adoption of this IS/MND, City staff will file a Notice of Determination (NOD) with the County Clerk. r City of San Juan Capistrano 1 February 22,2006 SCH No.2005011070 RESPONSE TO COMMENTS San Juan Creek Watedine Crossing _ Replacement at Via Estenaga STATE CLEARINGHOUSE LETTER 01/25/20BB 17:06 9494933955 CITY OF SJC PAGE 02/09 STATE OF C LI FO RN IA Governor's Office Of Planning sad Research 1ao�, State Clearinghouse and Planning Unit Arnold Sana Welsh SchwaramoggC Dhecmr Oovoeur Samrery23,2006 Joe mBnlmwich . Chy of San lvenCapiatrmo 32400 Paan Adehmtu SmJnan Capiaham,CA 92675 Subject Samoan Creek Watedme Crossing RcplecemintstVia Estmaga SCHN: =5121140 Deus Jae Tdmlimmob: The Stam Clesmghouso subm8usd the above gamed Negative Declaration to selected state agencies for mvo+w. On theemiomedDeonmmtDetsils Repurtplesse core that the Cleariaghouae has listed the state apnmes that reviewed your docnmem. The review period closed m lenmry 20,2006,and the comments ftomtbe reepondtng agency(im)is(are)inclosed. If this eommentpackageis not in order,Alma ratify the State Clearinghouse mately.Pleeee refs is the project's mrdigit Sm Clearinghouse numbar in fiinre eomspomenceso Osatwe remy respoed prorwdy. . Please uote that Section 211 04(c)of the Califamia Public Reamnces Code states fleet; "A responsible ac other public agmry shall ouly make substantive cohere,regarding those aetivitics-bwolved in a project which are within m aranf=parties of the agency orwhich am regsdrnd robe carried our or approved"a a ageocy. Those mrornmta ahall be supported by 5pesifie doarmintatem" That com®ents are,forwarded for use if,praparltg your final soviraamemal document Should you need varm ioibtmatim or clarification of the anoland conummts,we recpmmrnd that you tented 0rc commeating nevey directly. . This leen aclaowledges that you have coded with the Stam Clearinghouse review iequimmects for dmf eavgnmoentnl doarmmm,puswnt to the Catifomia Emmomnmtal Quality Ani Please wntactthe Stam Clcmdogheuse a(916)445-0613 IPyou have say queatloos regsrdiag the®vimomuafal review process. Terry Roberts ,� (v' 14 –.0: Director,State Claannghmse Iry'I Enetemra - u ;�I JAN Q 5 2006 ; - co: Resources Agency ' t ?091iC v10rNS 1 — 1400 TENTS ST9tEET P.C.808994 94CRA8Aa'1 C' CALZOMICA 968128046 . - — '. azr,(81B)449-0ar8 FA8(am1898-aria nwwapr.a.aov City of San Juan Capistrano 2 February 22, 2006 SCH No.2005011070 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing ' Replacement at Via Estenaga STATE CLEARINGHOUSE LETTER 01/25/2006 17:06 9494933955 CITY OF SJC PAGE 03108 Document Details Report State Clearinghouse Data Base SCM# 2005121140 Project Tfda San Juan Creek Waterline Crossing Replacement at Via Estenega Lead Agency San Juan Capistrano,City of . Type Nag Negative Declaration DescdpUon The proposed Project w01 c0naists of the replacement of a compromised eight-Inch ductile iron watedins with a 12 inch high density polyethylene pipeline. The.projeet proposes to uhTtze directions( ' drilling techniques. . Lead Agency Contact Name Joe Mankawich . Agency Gty of San Juan Capistrano Phu" ' (949)4874313 Por amall Address 32400 Paseo Adelanto Cly San Juan Capistrano Stets CA VP 92375 Project Location County Orange Cly San Juan Caplati2m - Region Crosa swats via Estana9a and San Juan Creek Road Parcel No. Township SS Range 7W Section 5 Base Proximity to: Highways 1.5 Alrporte John Wayne Airport Raftways Atchinson,Topeka,and Santa Fe Wahrwaays Trabuca Creek and San Juan Greek Schools Land Use San Juan Creek and eight-inch ductile Iron waterline. San Juan Creek is zoned as general Open Spam. The surrounding area is zoned as Open Space Recreation and as Planned Community. Project issues AsethetiaVisuel;Agnlcillbual land;Air Quality;Archaaologio-Mstoric;Cumulai ns Effects;Flood Plain/Flooding;geologi45eismic;MlnwalW,Noise;Public s8mleea;3011 EmsioNccromotioNOreding; TodcMazardous;Traf clCiroulation;VogetoWn:Water Quality,W elland(Ripamm;Wildlife Reviewing Reseurcaa Agency;Regional Water Quakily Control aeard,Region 8;Department of Parka and Agancles Recreation;Native American Heritage Commission;Department of Health Services;Office of Historic Preservation;Department of Fish and game.Region 5;Deparonant of Water Resources;Capons, District 12 Date Reeelved 12!2212005 Start of Review 12122005 End of Review 0112MDOS City of San Juan Capistrano 3 February 22,2006 SCH No.2005011070 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Replacement at Via Estenaga COMMENT LETTER 1 — 01/24/2006 14:24 9494933955 CITY OF 5JC PAGE 05/05 D COMMENT LETTER 1 CC1�►..l A California Cultural Resource Preservation Alliance,me. P.O.lax 54137 An allWnee of American Indian sad setentinc communities woridug for VvW^ON 936194137 the preservation of arehaeohrgW sites sad other eahmsi resources 1arawy 18,2006 W. Sot Mankawich Projmt Manager City of Smr Sues Capistrano 32400 Paseo Adelanto Sen hien Com,CA 92675 — Dew Irk.Maukawich: ,A Thank you for the opporomity to review the Initial strdy/Wlilated Negative Declaration for the San Juan Creek Waterline Crossing Replacement at Via Estenaga. Based on the infmmetion provided is the co tura resources section it appears that cultural materials have not been observed within the Project area, but that then is the potential for buried cuhvral deposits. Given these cireumstancc%we concur that compliance with the mitigation measures described m CR 1 should reedt m a less than significant impact. — Sincueiy, Patricia Marm Ph.D. President JAN 2 0 2006 City of San Juan Capistrano 4 February 22,2006 SCH No.2005121140 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Replacement at Via Estenaga RESPONSE TO COMMENTS Response No. 1 1a. Comment noted. No response necessary. 1 i 1 1 1 1 i I City of San Juan Capistrano 5 February 22,2006 SCH No.2005011070 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing _ Replacement at Via Esterima COMMENT LETTER 2 01!24!2006 14:24 9494933955 CITY 07 SJC PAGE 04/05 COMMENT LETTER 2 STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold 50*41=1de90,Gala, DEPARTMENT OF TRANSPORTATION DISTRICT 12 3337 Michelsm Mm Suite 380 Irvine.CA,928124Bb4 January 19,2006 Mr,Joe Mankawich File: IGR/CEQA Project Manager SCH#:2005121140 City of San Juan Capistrano Log* 1666 Public Works Department SR: 1-5 32400 Pas-ea Adelanto San Juan Capistrano,CA 92626 Subject: San Juan Creek Waterline Crossing Replacement — Dear Mr. Mankawich, Thank you for the opportunity to review and comment on the Mitigated Negative Declaration _. dated December 2005,for the San Juan Creek Waterline Crossing Replacement. The project site is located at Via Estenaga and San Juan Creek Road. The project consists of Replacement of 600 feet of compromised 6-Inch ductile iron waterline with a 12-inch high density polyethylene pipeline utiliang directional drilling techniques. — Caltra6s District 12 status is a reviewing agency and while the project has no potential to impact Caltrans feclifties,we have the following general comments. 2A I1. A qualified biological monRor should be present during all work immediately adjacent to ` riparian habitat to ensure that no surface disturbance occurs Mthin the creek and that no riparian vegetation Is affected. This is important given the potential for arroyo toad within the project limits. 2B12. Recommend obtaining final Concurrence from the Army Corps of Engineers and CDFG, with regard to jurisdictional information,before beginning work in the area. 2C 43. The Regional Vicinity map(exhibit 1) incorrectly identifies the freeway south of Dena Point — as SR-1. This should be identified as 1-5. Please continue to keep us informed of this project and other future developments, which could potentially impact our transportation facilities, if you have any questions or need to contact us, please _ do not hesitate to call Maureen El Harake at(949)724-2086. S i ray, RRo err F.Jo h, hief IC-R/Community Planning Branch c: Tem Roberts, OPR Terry Pencovic, HO IGR/Commun ty Planning JAN ' I i Pilrri.!G I"'i.n$ ! City of San Juan Capistrano 6 February 22, 2006 SCH No. 2005121140 ' RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Replacement at Via Estenaaa RESPONSE TO COMMENTS Response No. 2 2a. The proposed construction methods do not have the potential to impact riparian vegetation. The beginning of the pipeline replacement would occur within the Cook Cordova Park, beyond the jurisdictional limits of San Juan Creek. The exit hole (end of construction) would occur within the right of way of San Juan Creek Road, also outside of the jurisdictional limits of the San Juan Creek. The directional drilling method is ' proposed for this project to ensure that no impacts to San Juan Creek, riparian vegetation, or wildlife would be impacted. ' Based on comments from the Califomia Department of Fish and Game (Comment 4, below) it was determined that the existing pipeline will be decommissioned, capped, and removed by hand crews. The project activities will occur outside of the breeding season ' of the arroyo toad (March 15-July 1) or after a protocol survey for the arroyo toad. No riparian vegetation will be impacted or removed by the proposed project activities. Due to the nature of the proposed activities and the timing of the project activities, a biological monitor would not need to be present during implementation of the proposed project. r2b. According to the Biological Resources Report prepared for the proposed project, the proposed activities will not occur within the Army Corps of Engineers (ACOE) or California Department of Fish and Game (CDFG) jurisdictional limits within San Juan Creek. The Initial Study/Mitigated Negative Declaration was mailed to the ACOE, CDFG, and Regional Water Quality Control Board (RWQCB) for their review and to provide them an opportunity to comment on the document. CDFG provided comments (Comment 4, below) indicating that a Streambed Alteration Agreement (SAA) should be obtained prior to project activities. Based on CDFG's comment, a 1602 SAA will be submitted to the CDFG prior to construction activities. No comments were received from the ACOE or RWQCB. 2c. Exhibit 1, REGIONAL VICINITY, has been revised to reflect the correct highway number. r r r r City of San Juan Capistrano 7 February 22,2006 SCH No.2005011070 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Reolacement at Via Estenaaa COMMENT LETTER 3 01/24/21306 14:24 9494933955 CIN OF Sic PAGE 02/05 — 01/20/2006 , 16:15 714-667-0344 COMM. & ABU. PI S+ PAGE 01/02 COMMENT LETTER 3 8'p"o$"t! ava ,pjmcW =mow e:o S N oma S COUNTYOFORANGE r aAM.CA a P.O.Pon 4443 u M U=Am CA 52701-4043 RESOURCES&DEYELOPbfEM'tVs'f<vA6E1fEMDEPARTbS'M C,r a 7etepho4c Gln 340.1300 53 NCL NCL 06-001 January 20,2006 Amy Amirani City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capisham,CA 92675 — SUB=: IS/MND for the San Juan Creek Waterline Crossing Replacement at via Estmaga Dear Ms.Amirani: �- The above referenced item is so Initial Study/Mirigated Negative Declaration(1S/Nm)for the City of San Juan Capistrano. The City of San Juan Capistrano owns and maintains an eight-inch ductile iron waterline which crosses the San Juan Creek in the vicinity of Via Estenag: The — waterline crossing is bordered by Cook Cordova Park on the north side and Sao Joan Creek Road in the vicinity of Paseo Christina on the south side. The waterline was recently compromised by heavy rainfall and now lies exposed in the creek The purpose Of the project is to replace the eight-inch line(apprdximately 600 feet)of this waterline with a' 12-inch line to increase capacity _ and improve service conditions. The County of Orange has reviewed the IS/MND and offers the following comments: — FLOOD 3A 1. The 12-inch 600-foot long waterine pipe appears to cross under the Orange County Flood Control District's(OCFCD)right-of-way for San Juan Creek(LOI), All work within,oval and/or tinder OCFCD and/or County of Orange rigbt-of-way should be conducted only after receiving an encroachment permit firm the County. For information regarding County Property Permit application process,Valerie[%ford of the _ County Property Permits Section can be comacted at(714)934-3474. 1 City of San Juan Capistrano 8 February 22,2006 SCH No.2005121140 ' RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Replacement at Via Estena a COMMENT LETTER 3 CITU S,IC PAGE 03/05 01/24/2085 14:24 9494933955 p4a e2/e2 81/20!2006,, 16:15 714-667-8344 COMM. a ADU. PLNG. OPEN SPACFJRECAF_ATION T,ails and Bikeways: The San Juan Creek Bikeway,a regional Class 1(paved off-mad)bikeway,and the San y- Juan Creek Trail,a regional riding and hiking trail(unpaved),extend upstream to the project location. The following should be addressed: 3B a A plan should be prepared dist provides for unirltert*td use of the bikeway and trail during construction If a detour is necessary to accomplish this,dPlan should iulude a diagram and text describing the proposed reroutes,andd safety measures such as signage,barriers,flagman,etc. (Brief closures of the trail and bikeway by flagmen,to allow for the movement of construodon vehicles and equipment,is acceptable.) 3C b, Signage should be provided notifying bikewaY and trail users of the subject construction work.including start and and dates. 3D c. Any abovc-ODwd utility boxes,or any other item that would protrude above the I surface of the trail and bikeway,should be set back at leas 3 feet from the edge of the trail and bikeway. Ensure that any manhole covers will be flush with the trail and bikeway stehee- 3E d' In the construction area and vionuty,the bail and bikeway,and any detour segment,should be kept free of debris at all times. uld 3Fe. Vehicles using the bikeway or trail for access to the canstructron site s�estrians, I exercise caution and proceed slowly,keeping alert for pedestrians,txtu and bicyclists. Upon the-approach of trail/bikaway uses,vehieles should pull over to the side as far as possible,stop,and allow traiubikzway users to Pass. 3G I f Ager construction,the trail and bikeway should be restored to their original condition. Thank you for the opportunity to respond to the IS/bM- If you have any questions.Please contact Charlotte Hanyman at(714)834-2522. Sincerely, I&iv Ronald L-Tippets,013ef EnvironmenW Planning Division 2 ' City of San Juan Capistrano 9 February 22,2006 SCH No.2005011070 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Replacement at Via Estenaca RESPONSE TO COMMENTS _ Response No. 3 — 3a. Comment noted. Prior to construction, an Encroachment Permit from the County of Orange shall be obtained. _ 3b. Mitigation Measure TRF1 indicates that a Traffic Management Plan (TMP) will be prepared and implemented for the proposed project. According to the City of San Juan _ Capistrano General Plan the limits of construction are located outside of the San Juan Creek Trail. The TMP will include provisions for the San Juan Creek Bikeway, and as indicated in Mitigation Measure TRF1, the TMP "shall consist of prior notices, adequate _ sign-postings, detours, phased construction and temporary driveways where necessary." 3c. Refer to Response 3b, above. 3d. The bikeway will be temporarily relocated during construction as indicated in the TMP and the trail will not be impacted by the proposed project activities. It is not anticipated that aboveground utility boxes or any other items would obstruct the bikeway. It is not anticipated that manhole covers will be utilized within the relocated bikeway during construction. 3e. The temporary relocation of the bikeway will ensure that debris from will not obstruct the path, as the bikeway will be moved away from the construction area. 3f. With implementation of the TMP, the bikeway will be moved from it's current alignment to an area where construction activities would not impact the path. 3g. Comment noted. After construction is complete, San Juan Creek Road and the bikeway will be restored to their existing configurations. As the trail will not be impacted, restoration will not be required. City of San Juan Capistrano 10 February 22,2006 SCH No.2005121140 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing 1 Replacement at Via Estenatia COMMENT LETTER 4 01/2512006 17:06 9494933955 CITY OF SJC PAGE 04/09 01/20/2006 17:29 0584674235 VAUIC, PAGE 02 COMMENT LETTER 4 State of California-The Resources Agency ARNOW 5CHwAR2ENE0CER, Co✓cmaf DEPAKTMENT OF FISH AND GAME http:1/www.dfg.ca.gw 4949 Viewridge Avenue San Diego,CA 92123 (858)467-4207 Sanuary 20,2006 REGE�VED `�prpb BY FACSZME AND U.S.MAIL ,AN 2 D 2066 e Ms..Amy Amirani h10ute ' City of San Juan Capistrano STATE ME 32400 Pawn Adelanto San Juan Captistano,CA 92675 Fax Na:(949)493-3955 Comments on the Mitigated Negative DeclarRtlou for San Juan Creek Wateriime Cir"119 Replacement at Via Esteusga project,City 61 San Juan Capistrano,Orange County (SCV#2005121140) rDear Ia.Amirani: The Departmant of Fish and Game(Department)has reviewed the abovc-refereneed Mitigated Negedve Declatatioa( j. The following statements and comments have been prepared pursuant to the Department's authority as Trust=Agency withjtuisdicdott ova natural reaottrees affactedby the project(CEQA Section 15386)and pursuant to out anthority as a Responsible Agency vada CEQA Section 15381 over those aspects of the proposzd ptoj ect that come under thepmview of the California Endangered Species Act(Fish and Game Code Section 2050 at seq.)and Fish and Game Code Section 1600 at seq. The Department also administers the Natural Community Conservoloa Planning Program(NCCP). The project site is located at the southom terminus of Via Fstmaga and crosses San Juan Creek in the City of Sao Juan Capistrano(City). 11w proposed project will consist of the replacement of a compromised eight-inch ductile iron waterline with a 12 inch high density polyethylene pipeline. Due to the environmental sensitivity of the Sao Juan Creek riverbed and the City's desire to avoid adverse environmental impacts,the City has determined that directional drilling will be used to construct the replacement waterline. Using gweialized equipment set up outside of the creek bed area,the waterline would be installcd by drilling u0der the creek. The ends of the waterline would than be cormected by conventional construction methods to the existing waterline facilities. The Depertmemt offers the following comments and recommendations to assist the City in avoiding or minimi0ittg potential project impacts on biological resources. - r r r City of San Juan Capistrano 11 February 22,2006 SCH No.2005011070 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Replacement at Via Estenaoa COMMENT LETTER 4 01/25/2006 17;06 9494933955 CITY OF 9JC PAGE 05/08 01/20/2006 17:29 858d674235 DAUID PAGE 03 Ms.Amy Amirani January 20.2006 Page 3 4A 1, The Depart rent's responsble agency jurisdiction extends to the alluvium that makes up the streambed and to surface and subsuti'uce 'stream flows. Although the use of directional boring for pipeline construction minimizes potential significant impacts to the creek when — compared to traditional open trench construction,it does not eliminate all potential substantial adverse effects to the creek and associated fish and wildlife. Directional boring operations have failed causing diilli..ng thuds(e,g.,bentonite clay)to be deposited on and within the stteambed's alluvium(frac-out),resulting in degraded spawning and foraging — habitats and the smothering of aquatic plants and animals. In addition,depending on the depth of the pipe and local site conditions,the pipe could interfere with the natural subsurface flow of the stream,eausing more water to be at the surface during the summer months then would otherwise occur,favoring some exotic invasive species(e.g.,bullfrog)over native fish — and wilAIA The project,as proposed,requires notification to the Depamnent,pursuant to 1600 at seq.of the Fish and Game Code,and may require a Sticambed Alteration Agreement with the applicant prior to any direct or indirect impact to a lake or stream bed,bank or channel or associated riparian resources. Early consultation.is recommended,since modification of the proposed project may be required to avoid or reduce impacts to fish and wildlife resources. The project should be designed to minimize the tisk of frac-out,andproject approval should be conditioned to require a spill response pian to address potential frac-out which includes a requirement that a biological monitor is present during and after the drilling operation to inspect the sttoam for frac-out,and direct any clean-up operation if necessary. 4B 2, Tha ptolect as described in the MND includes abandoning the eight-inch ductile iron water pipeline in place. The Department betieves abandoning the exposed pipeline in place has the potential to adversely affect fish passage in San Juan Creels,and therefore has the potential to —. be a significant impact Critical habitat for.Federally endangered southern steelhead trout (Oneorhynclw myldss)was recently designated by National Oceanic and Atmospheric Administration(NOAA)Fisheries downstream of the pipe,and important habitat exists upstream of the pipe in Ronald W.Cespers Wilderness Paris and the Cleveland National — FOML Arroyo chub(Gib oraatih a State species of special concern,and the rapidly declining partially armored threespins stickleback(Gasrerosww acvlearw microcephalus) also inhabit San Juan Creek. It is important to keep unrestricted access for all native fish species in the Creek,they need to move up and downstream as part of their natural Ufa cycle, — iaoluding feeding,mating and spawning,and to access areas That provide better water quality and to escape Area which become dry.'The Department recommends that the project be conditioned to require the removal of the existing eight-inch waterline from the chamrcl,to ten feet on either side of the active channel,and cap the ends, — City of San Juan Capistrano 12 February 22,2006 SCH No.2005011070 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Replacement at Via Estenaoa COMMENT LETTER 4 01/25/2006 17:06 9494933955 CITY OF SJC PAGE 06/08 81(20/2606 i7:29 e5e4674235 DAU'-D twee nu Me.Amy Amirani January 20.2006 Page 3 ' Thank you for the opportunity to contntent no the MND. The Department finds that the project would not be,de mininds in its effects on fish and wildlife per section 711.4 of the Califinnia Fish and Gatne•Code. Questions regarding ttus letter and fti0&coordination on these issues should be directed to Leslee Newton-Reed at(858)467-4281. Sincerely, D Jtegional Manager California Dopa=ant,of Fiah and Game CC: State Clearinghouse Jolm O'Brien,CDFG Naeam SiddiquL CDRG Dm:W aanrim CrtdcWatan,wCko6rdng Raplamrn+,tMYieE4enga MND 3005I211d0' City of San Juan Capistrano 13 February 22,2006 SCH No.2005011070 RESPONSE TO COMMENTS San Juan Creek Waterline Crossing Replacement at Via Estenaga RESPONSE TO COMMENTS Response No. 4 — 4a. Prior to construction, the CDFG will be notified of the proposed activities and a 1602 Streambed Alteration Notification Package will be submitted to the California Department of Fish and Game. If required, a Streambed Alteration Agreement will be obtained prior to initiation of project activities. Given the proposed installation depth of the pipe (30t feet) below the streambed, the possibility of frac-outs in the environmentally sensitive area of San Juan Creek is very unlikely. A similar project located 800 yards downstream was completed in the spring of 2005. The pipe was installed using the same technique and at similar depth below the streambed (33 feet), and no frac-outs occurred. 4b. Pursuant to Comment 4b, it has been determined that the pipeline shall be removed by hand crews to ten feet on either side of the channel and the ends of the removed pipeline will be plugged with concrete. No heavy machinery shall be utilized within the streambed. The use of hand crews will eliminate impacts to riparian habitat. — Additionally, in order to reduce impacts to the arroyo toad, all project activities will occur outside of the breeding season of the arroyo toad (March 15 through July 1) or after a protocol level survey for the arroyo toad. City of San Juan Capistrano 14 February 22,2006 SCH No.2005121140 1 1 MITIGATION MONITORING AND REPORTING PROGRAM 1 1 i 1 i 1 i i / Air Quality AQ.1 The following dust suppression measures as outlined in Dust Control During City of San Juan SCAQMD Rule 403,shall be included as part of the project's Compliance Construction Capistrano construction. • Revegetate disturbed areas as quickly as possible; • All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts)exceed 25 mph; • All streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water); • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site each trip; • All on-site roads shall be paved as soon as feasible, watered periodically, or chemically stabilized;and • The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. AQ.2 The Construction Contractor shall select construction Dust Control During City of San Juan equipment based on low emission factors and high-energy Compliance Construction Capistrano efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturers specifications. Compliance with this measure will be subject to periodic inspections of construction equipment vehicles by the City. Biological Resources B1O.1 To avoid potential trampling of arroyo toad, removal of the Site Inspection Prior to City of San Juan exposed portions of the existing pipeline within San Juan Construction Capistrano Creek shall occur outside of the breeding season (March 15 through July 1). If pipeline removal cannot be conducted outside of the breeding season,then the City will arrange for protocol presence/absence surveys for the arroyo toad to be conducted within the project area by a qualified biologist, a maximum of two weeks prior to any work within the San Juan Creek channel. If arroyo toad is determined to be present within the study area, pipeline removal activities within the channel shall be postponed to occur outside the breeding season or, the City may direct their biologist to contact the United States Fish and Wildlife Service to determine the appropriate action to allow removal to proceed and avoid a take of the species. f BIO-2 Prior to construction, the CDFG shall be notified of the Provide City with Prior to 7Capistrano proposed activities and a 1602 Streambed Alteration Documentation Construction Notification Package shall be submitted to the California Department of Fish and Game. If required, a Streambed Alteration Agreement shall be obtained prior to initiation of project activities. Cultural Resources CR.1 Archeological Monitor. A qualified archaeologist(defined as Site Inspection During City of San Juan an archaeologist on the List of Certified Archaeologists for Construction Capistrano Orange County)shall be retained (at the project applicanPs expense) by the City of San Juan Capistrano and shall be present at pre-construction meetings to advise construction contractors about the sensitive nature of cultural resources located on and/or in the vicinity of the project site,as well as monitoring requirements. A qualified monitor(defined as an individual with a bachelors degree in anthropology with archaeological monitoring experience), supervised by the qualified archaeologist, shall observe on- and off-site construction activities that result in grading, and/or excavating below the original ground surface (including during project-related off-site utility [natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements). Should non-human cultural resources be discovered, the monitor shall have the power to temporarily halt or divert construction activities until the qualified archaeologist can determine if the resources are significant and, if significant, until recovered by the archaeologist. In the event that human remains are discovered, construction activities shall be halted or diverted until the provisions of §7050.5 of the Health and Safety Code and§5097.98 of the Public Resources Code have been implemented. Hydrology and Water Quality WQ.1 Prior to commencement of removal activities, a Waste Provide City with Prior to City of San Juan Discharge Requirement(WDR)or a waiver thereof, may be Documentation Construction Capistrano required from the San Diego RWQCB for the discharge of potable water to San Juan Creek. If W DRs are prescribed, the City of San Juan Capistrano shall incorporate mitigation measures identified in the WDR to reduce potential significant impacts to water quality and potential public nuisance that are due to the treatment or discharge of waste. Noise N.1 Noise sources associated with construction activities shall Periodic Field During City of San Juan be exempt from the provisions of the Citys noise code if Inspection Construction Capistrano conducted from 7:00 a.m. to 6:00 p.m. on Monday through Friday, or from 6:30 a.m. to 4:30 p.m. on Saturday. Construction is prohibited at any time on Sunday or a Federal holiday. N.2 Equipment shall use available noise suppression devices Periodic Field During City of San Juan and properly maintained mufflers. All internal combustion Inspection Construction Capistrano engines used at the Project site shall be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment shall be maintained in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine, drive-train and other components. N.3 During all site preparation, contractors shall minimize the Periodic Field During City of San Juan staging of construction equipment and unnecessary idling of Inspection Construction Capistrano equipment in the vicinity of residential land uses. NA The equipment staging area shall be situated so as to Periodic Field Prior to and During City of San Juan provide the greatest distance separation between Inspection Construction Capistrano construction-related noise sources and noise-sensitive receptors nearest the Project site during all Project construction. N.5 Notification shall be given to residences within 91 meters Provide City with During City of San Juan (300 feet) of planned construction activities thirty (30) days documentation Construction Capistrano prior to commencement of demolition activity, and shall include a brief description of the project,the overall duration of the various construction stages, noise abatement measures that will taken, and the name and phone number of the construction site supervisor or his designee to report any violation of a noise or mitigation standard. I TransporfationRraffic TRF.1. A Traffic Management Plan (TMP) shall be prepared to Preparation of the Prior to City of San Juan address short-term mitigation for roadways and shall be TMP Construction Capistrano subject to City approval prior to demolition or construction of any facilities. This plan shall consist of prior notices, adequate sign-postings, detours, phased construction and temporary driveways where necessary. The Plan shall specify implementation timing of each plan element (prior notices, sign-postings, detours, etc.) as determined appropriate by the Water District Engineer. Adequate access to and from residential areas shall be provided at all times. Proper detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction activities shall not interfere with any emergency response of evacuation plans. Construction activities shall proceed in a timely manner in an effort to reduce impacts. ' NOTICE OF INTENT TO ADOPT/NOTICE OF AVAILABILITY-NEGATIVE DECLARATION FOR THE SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA PROJECT ' This serves as the City of San Juan Capistrano's Notice of Intention to adopt an Initial Study/Mitigated Negative Declaration for the San Juan Creek Waterline Crossing Replacement at Via Estenaga Project,prepared in accordance with the California Environmental Quality Act(CEQA),State CEQA Guidelines and local implementation procedures. ' Name of Project.' San Juan Creek Waterline Crossing Replacement at Via Estenaga Project Project Location: The proposed project site is located within the City of San Juan Capistrano, County of Orange. The project site currently consists of eight4nch ductile iron pipeline that crosses the San Juan Creek at Via Estenaga. The waterline crossing is bordered by Cook Cordova Park to the north,and San Juan Creek Road in the vicinity of Paseo Christina to the south. Local access to the site is provided by Via Estenaga or San Juan Creek Road, while regional access is provided via Interstate 5 or the Ortega Highway (Highway 74), located west and north of the subject site, respectively. ' Lead Agency: City of San Juan Capistrano, 32400 Paseo Adelanto,San Juan Capistrano,CA 92675 ' Project Description: The City of San Juan Capistrano owns and maintains an eight-inch ductile iron waterline which crosses the San Juan Creek in the vicinity of Via Estenaga. The waterline crossing is bordered by Cook Cordova Park on the north side, and San Juan Creek road in the vicinity of Paseo Christina on the south side. During the heavy rainfall in January of this year,the waterline was compromised and now lies exposed in ' the creek. In order to ensure safe operation and maintenance of this line, the City must replace appro>amately 600 feet of this waterline,and reconnect to their system on both sides of the creek. A 12- inch line will be installed,replacing the wristing eight4nch line to increase capacity and improve service conditions. ' Due to the environmental sensitivity of the San Juan Creek riverbed and the City's desire to avoid adverse environmental impacts, the City has determined that directional drilling will be used to construct the replacement waterline. Using specialized equipment set up outside of the creek bed area,the waterline would be installed by drilling under the creek. The drill head will be guided by a Global Positioning System to ensure that the waterline is installed in the desired horizontal and vertical alignment The ends of the waterline would then be connected by conventional construction methods to the existing waterline facilities located outside the creek bed area.Once the new line has been installed and energized,the old ' line will be abandoned in place. Pro eiectAppikant: City of San Juan Capistrano NOTICE IS HEREBY GIVEN THAT the City of San Juan Capistrano proposes to adopt a Mitigated Negative Declaration forthe above-cited project. Such a Mitigated Negative Declaration is based on the findings that, by implementing the mitigation measures that have been agreed to by the project applicant before the environmental document is circulated, the project's potential significant adverse impacts will be reduced to a less than significant level. The reasons to support such a finding are documented by an Initial Study prepared by the City of San Juan Capistrano. Copies of the Initial Study,the Pro Miligated Negative Declaration and supporting materials are available for review at the City of San Juan Capistrano Public Works Department, 32400 Paseo Adelanto, San Juan Capistrano,CA 92675. The Notice of Availability is also available on the City website atwww.sanivancaoistrano.ora and at the San Juan Capistrano Regional Library,31495 EI Camino Real,San Juan ' Capistrano,CA 92675. For questions regarding the Initial Study/Mitigated Negative Declaration contact: NAME: Mr.Joe Mankawich TITLE: Project Manager ' ADDRESS: City of San Juan Capistrano, 32400 Paseo Adelanto,San Juan Capistrano,CA 92675 PHONE: 949/487.4313 Public Review Period: Begins:December 22,2005 Ends:January 20,2006 ' In accordance with the State CEQA Guidelines for implementing the California Environmental Quality Act, any comments concerning the findings of the proposed Initial Study/Miligated Negative Declaration must be received by the City ofSan Juan Capistrano no later than 5:00 p.m.,January 20,2005,in order to be considered prior to the City's final determination on the ' project. Should you decide to challenge this Project,you may be limited to the issues raised during this 30-day public review period. Please send your comments to Ms. Amy Amirani, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano,California 92675. //'� � ' Date: Decem r22.2005 OLYYLLL lA&-tt Ms.Amy Ardirani, Director of Pu tic Works rks 1 ' FB III a . CONSULTING LETTER OF TRANSMITTAL ' TO: State Clearinghouse DATE: December 21, 2005 1400 Tenth Street RBF JOB NO.: 10-104453 ' Sacramento, California 95814 REFERENCE: San Juan Creek Waterline Crossing Replacement at ' Via Estenaga DESCRIPTION: Initial Study/ Environmental Checklist ' ATTN: Mr. Terry Roberts SENT TO YOU VIA: OFaxit BMesse ger OBourpri er X Overnight Delivery ' NO. OF COPIES DESCRIPTION 15 Notice of Intent to Adopt ' 15 San Juan Creek Waterline Crossing Replacement at Via Estenaga Project Initial Study/Environmental Checklist 15 Notice of Completion and Environmental Document Transmittal Form SENT FOR YOUR: Rignature pproval BReview eComments Per Your Request Use Information REMARKS: Enclosed you will find the above referenced documents to be logged in and distributed for review. We ' respectfully request to log in the document on Thursday. December 22, 2005, with the 30 day review period concluding on Friday,January 20,2006. We will call to confirm your receipt of this submittal. Should you have any questions, please contact me at 949/855-3686.Thank you. ' RBF Consulting BY: Bruce R. Grove Jr., RFA Project Manager ' Environmental Services-Special Projects COPIES TO: H:\pdata\10104453\EnvironmentaONoticing\SCHTrans.wpd ' PLANNING ■ DESIGN III CONSTRUCTION 14725 Alton Parkway, Irvine,CA 92618-2027 • P.O.Box 57057,Irvine,CA 92619-7057 • 949.472.3505 ■ Fax 949 472.8373 Offices located throughout California,Arizona&Nevada ■ www.RBFcom comae o,nmw ww. ' NOTICE OF COMPLETION AND ENVIRONMENTAL DOCUMENT TRANSMITTAL FORM See NOTE below Mail to: State Clearinghouse, 1400 Tenth Street,Room 121,Sacramento,CA 95814-916/445-0613 SCH # r1.PROJECT TITLE: San Juan Creek Waterline Crossing Replacement at Via Estenaga 2. Lead Agency: City of San Juan Capistrano 3. Contact Person: Mr.Joe Mankawich ' 3a.Street Address: 32400 Paseo Adelanto 3b.City: City of San Juan Capistrano 3c:County: Orange 3d:Zip: 92675 3e.Phone: (949)487-4313 PROJECT LOCATION: ' 4.County: Orange 4a.City/Community: City of San Juan Capistrano 41b.Assessor's Parcel No.: NA 4c.Section: 5 Twp.: T S.S Range: R.7.W 5a.Cross Streets: Via Estanaga and San Juan Creek Road 5b,For Rural, Nearest Community: NA 6.Within 2 miles: a.State Hwy#: Interstate 5 b.Airports: John Wayne Airport c.Railways: Atchinson,Topeka,and Santa Fe d,Waterways: Trabuco Creek and San Juan Creek - -" - - - - - ^ - - - - - - - - - - - - - - - ^ - - - - - - - - - - - - - - - - - - ' 7.DOCUMENT TYPE CEQA: 01. NOP 05. SupplemenraUSubsequeM NEPA: 09. NO[ OTHER: 13. Joint Document EIR (Prior SCH No.: ' 02. Early Cons 06. NOE 10. FONSI 14, Final Document 03. X Neg Dec 07. NOC 11. Draft EIS 15. Other: _ _ _ _04. Draft EIR 08_ NOD _ _ _ _ _ _ ^ _ ^12. EA 8.LOCAL ACTION TYPE 01. General Plan Update 05. Annexation 09. Rezone 12. Waste Mgment Plan 02. New Element 06. Specific Plan 10. Land Division 13. Cancel All Preserve Subdivision, Parcel 03. General Plan 07. Community Plan ap,Tract Map,Etc.) 14. X Other:Pipeline Amendment Replacement _04_ Master Plan_ _ ^ _ 08. Redevelopment _ _ 11_ Use Permit - - - - - - - - - - - - - - - 9.DEVELOPMENT TYPE 01. Residential: Units: Acres: 07. Mining: Mineral., ' 02. Office: S.F.: Acres: Employees 08. Power: Type: Watts: 03. Shopping/Commercial: S.F.: Acres: Employees: 09. Waste Type: Treatment: ' 04. Industrial: S.F.- Acres: Employees: 10, OCS Related: 05. X Water Facilities: MGD: 11. Other: 06. Transportation: _ _ _Type: 10 TOTAL ACRES: Approximately 0 5 11 TOTAL JOBS CREATED: NA^ ^ _ _ _ ^ _ ^ - - - - - - - - - - - - - - - - - - - - -' - - - ^ - - - - 12. PROJECT ISSUES DISCUSSED IN DOCUMENT 01. X Aesthetics/Visual 09. X Geologic/Seismic 17. Social 25. X Wetlands/Riparian ' 02. X Agricultural Land 10. Jobs/Housing Balance 18. X Soil Erosion 26. X Wildlife 03. X Air Quality 11. X Minerals 19. Solid Waste 27. Growth Inducing 04. X Archaeological/Historical 12. X Noise 20. X ToxiclHazardous 28. Incompatible Land Use TT ' 05. Coastal Zone 13. X Public Services 21. X Traffic/Circulation 29. X Cumulative Effects 06. Economic 14. Schools 22. X Vegetation 30. Other 07. Fire Hazard 15. Septic Systems 23. X Water Quality _08_ X Flooding/Drainage _ _ 16. Sewer Capacity _ _ 24_ Water Supply _ _ ^ _ _ _ _ _ ^ ^ ^ ^ 13. FUNDING(Approx.) Federal$ NA State$ NA Total$ NA _ - _ _ _ ^ - _ ^ - ^ _ ^ - _ - ^ - _ _ - - ^ _ - - _ ^ - _ _ ^ _ ^ - - - - ^ _ _ 14. PRESENT LAND USE AND ZONING: San Juan Creek and eight-inch ductile iron waterline. San Juan Creek is zoned as General Open Space. The surrounding area is zoned as Open Space Recreation and as Planned Community. 15. PROJECT DESCRIPTION:The proposed projectwill consists ofthereplacementofa compromised eight-inch ductile iron waterlinewith a 12 inch high density polyethylene pipeline. The project propokes to utilize directional drilling techniques. �1 ' 16.SIGNATURE OF LEAD AGENCY REPRESENTATIVE: �, - 6 Ra IV ,+Cn( DATE: I2-I2005 Bruce R.Grove Jr.,Lead Agency Representative NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project(e.g.from a Notice of Preparation or previous draft document)please fill it in. REVIEWING AGENCIES CHECKLIST KEY S = Document sent by lead agency Health &Welfare — X= Document sent by SCH Health Services D = Suggested distribution State & Consumer Services General Services Resources Agency OLA(Schools) Boating &Waterways Coastal Commission Cal-EPA Coastal Conservancy Air Resources Board Colorado River Board D APCD/AQMD Conservation California Waste Management Board — D Fish &Game SWRCB: Clean Water Grants _ Forestry SWRCB: Delta Unit Office of Historic Preservation SWRCB: Water Quality _ _ Parks & Recreation _ SWRCB: Water Rights Reclamation D Regional WQCB (Santa Ana Region) S.F. Bay Conservation &Development Commission Youth &Adult Corrections — D Water Resources(DWR) Corrections Business, Transportation & Housing Independent Commissions & Offices _ Aeronautics Energy Commission California Highway Patrol Native American Heritage Commission CALTRANS District#12 Public Utilities Commission Department of Transportation Planning Santa Monica Mountains Conservancy — Housing &Community Development State Lands Commission Food &Agriculture Tahoe Regional Planning Agency Other Public Review Period Starting Date: December 22, 2005 Ending Date: January 20, 2006 Lead Agency: City of San Juan Capistrano Applicant: City of San Juan Capistrano Consulting Firm: RBF Consulting Address: 32400 Paseo Adelanto Address: 14725 Alton Parkway City/State/Zip: San Juan Capistrano, CA 92675 — City/State/Zip: Irvine, CA 92618 Contact: Mr. Joe Mankawich Contact: Bruce R. Grove, Jr., REA, Proiect Phone: 949/487-4313 Manager _ Phone: 949/855-3686 For SCH Use Only: Notes: Date Received at SCH: — Date Review Starts: Date to Agencies: Date to SCH: _ Clearance Date: HdpdataklCl 453lEnvimnmentaltNoUd gWOGpg2.wpd EXECUTIVE SUMMARY The City of San Juan Capistrano Public Works Department services an area of approximately 14.4 square miles mostly within the corporate boundaries of the City of San Juan Capistrano. The proposed project site currently consists of an 8" ductile iron waterline which crosses the San Juan Creek in the vicinity of Via Estenaga. The waterline crossing is bordered by Cook Cordova Park on the north side, and San Juan Creek road in the vicinity of Paseo Christina on the south side. The City of San Juan Capistrano has identified the need to replace the existing pipeline. During the heavy rainfall in January of this year, the waterline was compromised and now lies exposed in the creek. In order to ensure safe operation and maintenance of this line, the City must replace approximately 600 feet of this waterline, and reconnect to their system on both sides of the creek. A 12-inch line will be installed, replacing the ' existing eight-inch line to increase capacity and improve service conditions. In accordance with CEQA (Public Resources Code Sections 21000-21177) and pursuant to Section 15063 of the California Code of Regulations (CCR), the City, acting in the capacity of Lead Agency, is required to undertake the preparation of an Initial Study to determine if the proposed project would have a significant environmental impact. Based on this Initial Study, the City has determined that the project, as modified to include the mitigation measures identified in the Initial Study, would not have a significant effect on the environment and proposes to adopt a Mitigated Negative Declaration. Such determination can be made only if"there is no substantial evidence in light of the whole record before the Lead Agency" that such impacts may occur (section 21080(c), Public Resources Code). ' Based on the results of the analyses, the proposed project would have no significant effects on Air Quality, Geology and Soils, and Noise because the following mitigation measures would reduce potential effects to less than significant levels: Air Quality AQ.1 The following dust suppression measures as outlined in SCAQMD Rule 403, shall be included as part of the project's construction. Revegetate disturbed areas as quickly as possible; ❖ All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph; ❖ All streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water); •S Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site each trip; ❖ All on-site roads shall be paved as soon as feasible, watered periodically, or chemically stabilized; and ❖ The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. AQ.2 The Construction Contractor shall select construction equipment based on low emission factors and high-energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. Compliance with this measure will be subject to periodic inspections of construction equipment vehicles by the City. Biological Resources BIO.1 To avoid potential trampling of arroyo toad, removal of the exposed portions of the existing pipeline within San Juan Creek shall occur outside of the breeding season (March 15 through July 1). If pipeline removal cannot be conducted outside of the breeding season, then the City will arrange for protocol presence/absence surveys for the arroyo toad to be conducted within the project area by a qualified biologist, a maximum of two weeks prior to any work within the San Juan Creek channel. If arroyo toad is determined to be present within the study area, pipeline removal activities within the channel shall be postponed to occur outside the breeding season or, the City may direct their biologist to contact the United States Fish and Wildlife Service to determine the appropriate action to allow removal to proceed and avoid a take of the species. BIO.2 Prior to construction, the CDFG shall be notified of the proposed activities and a 1602 Streambed Alteration Notification Package shall be submitted to the California Department of Fish and Game. If required, a Streambed Alteration Agreement shall be obtained prior to initiation of project activities. Cultural Resources CRA Archeological Monitor. A qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Orange County) shall be retained (at the project applicants expense) by the City of San Juan Capistrano and shall be present at pre-construction meetings to advise construction _ contractors about the sensitive nature of cultural resources located on and/or in the vicinity of the project site, as well as monitoring requirements. A qualified monitor (defined as an individual with a bachelors degree in _ anthropology with archaeological monitoring experience), supervised by the qualified archaeologist, shall observe on- and off-site construction activities that result in grading, and/or excavating below the original ground surface (including during project-related off-site utility [natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements). Should non-human cultural resources be discovered, the monitor shall have the power to temporarily halt or divert construction activities until the qualified — archaeologist can determine if the resources are significant and, if significant, until recovered by the archaeologist. In the event that human remains are discovered, construction activities shall be halted or diverted until the provisions of §7050.5 of the Health and Safety Code and §5097.98 of the Public Resources Code have been implemented. Hydrology and Water Quality WQ.1 Prior to commencement of removal activities, a Waste Discharge Requirement (WDR) or a waiver thereof, may be required from the San Diego RWQCB for the discharge of potable water to San Juan Creek. If WDRs are prescribed, the City of San Juan Capistrano shall incorporate mitigation measures identified in the WDR to reduce potential significant impacts to water quality and potential public nuisance that are due to the treatment or discharge of waste. Noise N.1 Noise sources associated with construction activities shall be exempt from the provisions of the City's noise code if conducted from 7:00 a.m. to 6:00 p.m. on Monday through Friday, or from 8:30 a.m. to 4:30 p.m. on Saturday. Construction is prohibited at any time on Sunday or a Federal holiday. N.2 Equipment shall use available noise suppression devices and properly 1 maintained mufflers. All internal combustion engines used at the Project site shall be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment shall be maintained in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine, ' drive-train and other components. N.3 During all site preparation, contractors shall minimize the staging of construction equipment and unnecessary idling of equipment in the vicinity of residential land uses. NA The equipment staging area shall be situated so as to provide the greatest distance separation between construction-related noise sources and noise- sensitive receptors nearest the Project site during all Project construction. N.5 Notification shall be given to residences within 91 meters (300 feet) of planned construction activities thirty (30) days prior to commencement of demolition activity, and shall include a brief description of the project, the overall duration of 1 the various construction stages, noise abatement measures that will taken, and the name and phone number of the construction site supervisor or his designee to report any violation of a noise or mitigation standard. Transportation/Traffic TRF 1 A Traffic Management Plan (TMP) shall be prepared to address short-term mitigation for roadways and shall be subject to City approval prior to demolition or construction of any facilities. This plan shall consist of prior notices, adequate sign-postings, detours, phased construction and temporary driveways where necessary. The Plan shall specify implementation timing of each plan element (prior notices, sign-postings, detours, etc.) as determined ' appropriate by the Water District Engineer. Adequate access to and from residential areas shall be provided at all times. Proper detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction activities shall not interfere with any emergency response ' of evacuation plans. Construction activities shall proceed in a timely manner in an effort to reduce impacts. i 1 1 INTIAL STUDY/MITIGATED NEGATIVE DECLARATION �] SAN JUAN CREEK WATERLINE 1 CROSSING REPLACEMENT AT VIA ESTENAGA LEAD AGENCY: THE CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Contact. Ms. Amy Amirani (949) 443-6363 1 ✓J�� m�ro��o (SfplUSnf0 1961 1776 February 2006 JN 10-104453 1 TABLE OF CONTENTS 1.0 INTRODUCTION.....................................................................................................1 1.1 Statutory Authority and Requirements.............................................................1 1.2 Purpose...........................................................................................................1 1.3 Consultation ....................................................................................................2 1.4 Incorporation by Reference .............................................................................2 2.0 PROJECT DESCRIPTION .......................................................................................3 ' 2.1 Project Location/Setting...................................................................................3 2.2 Background.....................................................................................................3 2.3 Project Characteristics.....................................................................................6 2.4 Phasing ...........................................................................................................6 3.0 INITIAL STUDY CHECKLIST.................................................................................10 3.1 Background ...................................................................................................10 3.2 Environmental Factors Potentially Affected....................................................11 3.3 Evaluation of Environmental Impacts.............................................................11 4.0 ENVIRONMENTAL ANALYSIS..............................................................................13 I 4.1 Aesthetics......................................................................................................13 4.2 Agriculture Resources ...................................................................................14 4.3 Air Quality......................................................................................................15 4.4 Biological Resources.....................................................................................18 L 4.5 Cultural Resources........................................................................................20 4.6 Geology and Soils .........................................................................................22 4.7 Hazards & Hazardous Materials....................................................................25 1 4.8 Hydrology &Water Quality ............................................................................27 4.9 Land Use & Planning ....................................................................................30 4.10 Mineral Resources.........................................................................................30 4.11 Noise.............................................................................................................31 4.12 Population and Housing.................................................................................34 4.13 Public Services..............................................................................................34 4.14 Recreation.....................................................................................................35 4.15 Transportation!Traffic.....................................................................................36 4.16 Utilities and Service Systems.........................................................................38 4.17 Mandatory Findings of Significance...............................................................39 5.0 DETERMINATION..................................................................................................41 6.0 REFERENCES.......................................................................................................42 Initial StudyVEnvironmental Checklist i Table of Contents TABLE OF CONTENTS 7.0 APPENDICES A. Biological Resources Report B. Cultural Resources Assessment LIST OF EXHIBITS 1 Regional Vicinity Map ...............................................................................................4 2 Project Vicinity Map..................................................................................................5 - 3 Proposed Pipeline Alignment....................................................................................7 4 On-Site Photographs................................................................................................8 5 Aerial Photo..............................................................................................................9 LIST OF TABLES 1 Table 4.3-1, Total Daily Construction Emissions.....................................................16 2 Table 4.11-1, Worst Case Construction Noise Levels.............................................32 Initial StudylEnvironmental Checklist ii Table of Contents CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA 1 .0 INTRODUCTION The City of San Juan Capistrano as Lead Agency(Public Works Department-City)has determined that the San Juan Creek Waterline Crossing Replacement at Via Estenaga constitutes a project subject to the provisions of the California Environmental Quality Act (CEQA). This Initial Study t addresses the direct, indirect,and cumulative environmental effects associated with implementation of the proposed San Juan Creek Waterline Crossing Replacement at Via Estenaga Project. ' 1.1 STATUTORY AUTHORITY AND REQUIREMENTS In accordance with CEQA(Public Resources Code Sections 21000-21177)and pursuant to Section 15063 of the California Code of Regulations(CCR),the City,as Lead Agency, has determined that the proposed project does not qualify for eithera statutory nor categorical exemption.Consequently, the City is required to undertake the preparation of an Initial Study to determine if the proposed project would have a significant environmental impact. The environmental documentation, prepared in accordance with CEQA, is intended as an informational document undertaken to provide an environmental basis forsubsequent discretionary actions upon the project. The resulting document is not, however, a policy document and its approval and/or certification neither presupposes nor mandates any actions on the part of those agencies from whom permits and other discretionary approvals would be required. The City's Environmental Determination and supporting analysis is subject to a public review period. During this review, public agencies and residents have the opportunity to comment on the document relative to environmental issues. Following review of any comments received,the City will consider these comments as a part of the project's environmental review and include them with the Initial Study Document for consideration pursuant to the City's Local CEQA Guidelines.While not required by CEQA in cases where the City would adopt an Negative Declaration or Mitigated Negative Declaration (MND), the City may prepare written responses to comments received. 1.2 PURPOSE The purpose of the Initial Study is to: (1) identify environmental impacts; (2) provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or Negative Declaration; (3) enable an applicant or Lead Agency to modify the project, mitigating adverse impacts before an EIR is prepared;(4)facilitate environmental assessment early in the design of the project;(5)provide documentation of the factual basis for the finding in a Negative Declaration that a project would not have a significant environment effect; (6)eliminate needless EIRs; (7)determine whether a previously prepared EIR could be used for the project;and(8)assist in the preparation of an EIR, if required, by focusing the EIR on the effects determined to be significant, identifying the effects determined not to be significant, and explaining the reasons for determining that potentially significant effects would not be significant. Section 15063 of the State CEQA Guidelines identifies specific disclosure requirements for inclusion in an Initial Study. Pursuant to those requirements,an Initial Study shall include:(1)a description of the project, including the location of the project;(2)an identification of the environmental setting;(3) an identification of environmental effects by use of a checklist, matrix or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries; (4)a discussion of ways to mitigate significant effects identified, if any; (5)an examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls; and (6)the name of the person or persons who prepared or participated in the preparation of the Initial Study. The City has not previously prepared any environmental documentation with respect to this project. Initial Study/Environmental Checklist Page 1 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA 1.3 CONSULTATION When the Lead Agency has determined that an Initial Study would be required for the project, according to Section 15063(g) of the CEQA Guidelines, the Lead Agency is directed to consult informally with all Responsible Agencies and Trustee Agencies that are responsible for resources affected by the project, in order to obtain the recommendations of those agencies as to whether an EIR or Negative Declaration should be prepared for the project. Following receipt of any written comments from those agencies, the Lead Agency would consider any recommendations of those agencies in the formulation of the preliminary findings. Following execution of this Initial Study,the Lead Agency would initiate formal consultation with these and other governmental agencies as required under CEQA and its implementing guidelines. 1.4 INCORPORATION BY REFERENCE Pertinent documents relating to this Initial Study have been cited and incorporated, in accordance with Sections 15148 and 15150 of the CEQA Guidelines, to eliminate the need for inclusion of voluminous engineering and technical reports within the CEQA document. Of particular relevance are those previous EIRs that present information regarding descriptions of environmental settings, future development-related growth and cumulative impacts. This Initial Study/Negative Declaration _ has incorporated, by reference, the City of San Juan Capistrano General Plan, dated May 7,2002; the City of San Juan Capistrano Water Master Plan Update, dated March 2004; and the County of Orange General Plan. These planning and environmental clearance documents include numerous mitigation measures and policies related to the proposed project. These documents were utilized throughout this Initial Study/Environmental Checklist and are available for review. The City of San Juan Capistrano General Plan is available at the City's Planning Department office,located at 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The City of San Juan Capistrano Water — MasterPlan Update is available for review at the Public Works Office, 32450 Paseo Adelanto,San Juan Capistrano, California 92675. The Orange County General Plan is available for review online at http://www.ocplanning.neVdocs/GeneralPlan2004/. — City of San Juan Capistrano General Plan, May 7, 2002. The General Plan, comprehensively updated and approved by the City Council on December 16, 1999, serves as a policy guide for determining the appropriate physical development and character of the City. This is accomplished through the City's implementation of the General Plan's twelve(12)Elements. The General Plan is also used to determine appropriate land uses for sites within the City. In conjunction with this use, _ development proposals are reviewed for consistency with the General Plan. City of San Juan Capistrano Water Master Plan Update, March 2004. The Water Master Plan was adopted by the City in order to account for the changes in land use planning, to efficiently allocate existing and planned supply sources, and to assess the conditions of its aging facilities. The 1999 Master Plan developed a calibrated hydraulic model of the water system, analyzed its ability to provide proper service, and evaluated the then existing system components. It developed — a capital improvement plan that would mitigate the deficiencies, and construct facilities that would support future development. Since 1999, several changes took place and are addressed in the 2002 Master Plan Update. These changes include earlier utilization of supplies through the South — County Pipeline to serve areas in the southerly portions of the system;the need to replace Terminal Reservoir No.2 due to landslides;providing service to the 362 Zone(High Westside)from the Joint Regional Water Supply System Transmission Main connection near Dei Obispo;the need to replace the existing 0.3 MG Cook's Reservoir with a 1.34 MG reservoir; and further revisions in land use planning. Additionally, the 2002 Update developed a capital improvement program to provide proper service to customers at a reasonable cost. Initial Study/Environmental Checklist Page 2 February 2006 2.0 PROJECT DESCRIPTION CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA 2.0 PROJECT DESCRIPTION I2.1 PROJECT LOCATIONISETTING The City is located in southwestern Orange County, approximately 55 miles south of Los Angeles and 66 miles north of San Diego(refer to Exhibit 1, Regional Vicinity Map). The City Public Works Department serves an area of approximately 14.4 square miles mostly within the corporate boundaries of the City of San Juan Capistrano. The service area includes a small portion of the City of Dana Point. The existing service area population is 32,500. It is projected to increase to 41,725 persons at ultimate build-out(year 2020). The majority of the service area consists of residential land uses (43 percent) and open space (48 percent). Commercial and industrial development(4 percent),agriculture(4 percent),and public institutional uses(1 percent)comprise the remainder of the City's service area. Elevations within the service area vary between 15 feet and 880 feet above mean sea level(msl). The water distribution system consists of 33 separate pressure zones, 186.4 miles of pipelines, 10 reservoirs,9 active booster stations, and 4 sources of water supply. The four sources of potable water for the City are the groundwater recovery plant,2 potable water production wells, and water imported from the Metropolitan Water District of Southern California. The current project site consists of an existing eight-inch ductile iron pipe that traverses the San Juan Creek. The project site is located at the southern terminus of Via Estenaga and crosses the San Juan Creek in the City of San Juan Capistrano,County of Orange. The elevation of the subject site is approximately 120 feet above mean sea level (msl). Horse stables and the Cook Cordova Park are present to the north of the project site and San Juan Creek Road and residential uses are present to the south. Local access to the site is provided via Via Estenaga or San Juan Creek Road, while regional access is provided via Interstate 5(1-5)and Ortega Highway(Highway 74), located west and north of the project site, respectively. 2.2 BACKGROUND Water service to the City of San Juan Capistrano's service area was originally provided by Orange County Water Works District No. 4 (OCWWD No. 4), which was formed on January 18, 1930. OCWWD No. 4 was under the control of the Orange County Board of Supervisors acting in the capacity of the Board of Directors until March 1970. In 1970, OCWWD No.4 became a subsidiary district of the City(Capistrano Valley Water District(CVWD)), and the City Council became the ex- officio Board of Directors. The City's Public Works Department assumed responsibility for the water services operation of the CVWD on July 1, 1997. ' The City's water system used local groundwater as its sole source of supply until 1965 when imported water became available through the Tri-Cities Municipal Water District. Currently,most of the water demand is purchased from the Metropolitan Water District of Southern California through the South County Pipeline and the Tri-Cities Municipal Water District through Eastern and Joint Transmission Mains. Local groundwater supply varies mostly by the rainfall pattern in the San Juan Creek and Trabuco Creek water basins, and partly by rainfall depth. During the heavy winter storms of January 2005 the existing eight-inch ductile iron pipeline was exposed. In order to prevent a significant loss of water service due to a break in the existing, exposed pipeline,the City of San Juan Capistrano is proposing to replace the existing pipeline with a 12-inch high-density polyethylene pipeline. Initial Study/Environmental Checklist Page 3 February 2006 395 ' Palmdale Adelanto Apple Valley I � IIICIofV1116 Hesperia I S A N B E R N A R D I N O C O U N T Y L O S A N G E L E S i COUNTY Mro�rheatl San 1 Fernando ' ® Running San Springa Burbank Bernardino Azusa Glendora ' Pasadena ' Rancho Fontana tot Cucamonga Rialto Redlands ' Montclair Loma Covina omona� Oman __----t Linda Los Chino --—- Angeles ' Riverside Whiffler I --- Yorha` ' Morena Beaumont Linda Norco Valley i .... Fullerton � Corona Torrance R I V E R S I D E COUNT Y Garden Perris O Grove O R A N G E ' Sun Hemet Santa C O U N T Y L _ City _ Ana Irvine i,. I BullCosla .- \` lake Mesa j Elsinore Murrieta i San Juan Temecula p Capi trano I qC, Project 1-- ---- -i i� o Site A,yEISMICFallbrook Pend Camp Pendleton ., 1. Il I / / SAN DI EGO C O U N T Y OcaeafAe SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT Q 0 =�_11 miles AT VIA ESTENAGA APPROXIMATE Regional Vicinity Exhibit 1 #" / /r1 r�x� , 1?� i �.� �fl'�� ,�` •ice t 1 .°+ v T�1,� 9 p �� Ott/"� -ANWI i` INA tfy% �I �Li'F1r�' 1�1r� �c� Ilkr X21 T` Fc f�'}g �q' ' jCt.•! 1 (�h�llA NNt� } \l vow, \ AV 5` a s v�� )�� J"��''7I� �I��4� iK��7e�;�i�1` �l�U' I� � y�� a � ♦, �i 'f��1 ��1�t'." �k 1 IS a DOVE NO ��.,y✓ ' a �• �. •\ ,�A a Fi' /M1• H`! �'-,\'�� `��n Lys�%2 11 1 • �1 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENTAT VIA ESTENAGA 2.3 PROJECT CHARACTERISTICS The City of San Juan Capistrano owns and maintains an eight-inch ductile iron waterline which crosses the San Juan Creek in the vicinity of Via Estenaga. The waterline crossing is bordered by Cook Cordova Park on the north side,and San Juan Creek road in the vicinity of Paseo Christina on the south side. During the heavy rainfall in January of this year,the waterline was compromised and now lies exposed in the creek. In order to ensure safe operation and maintenance of this line, the City must replace approximately 600 feet of this waterline, and reconnect to their system on both sides of the creek. A 12-inch line will be installed, replacing the existing eight-inch line to increase capacity and improve service conditions. Due to the environmental sensitivity of the San Juan Creek riverbed and the City's desire to avoid adverse environmental impacts, the City has determined that directional drilling will be used to construct the replacement waterline. Using specialized equipment set up outside of the creek bed area, the waterline would be installed by drilling under the creek. The drill head will be guided by a Global Positioning System to ensure that the waterline is installed in the desired horizontal and vertical alignment. The ends of the waterline would then be connected by conventional construction methods to the existing waterline facilities located outside the creek bed area. Once the new line has been installed and energized, the old line will be removed using field crews. Sodium sulfate tablets will be used to dechlorinate the water in the existing pipeline prior to removal. The dechlorination process will occur by creating a small pit(3'x 3') under the two locations where the existing line will be cut. This pit will be lined with a filter fabric to catch the water and any sediment in the line. The sodium sulfate tablets will be placed in the filter fabric lined pit to insure that no chlorine enters the stream. The pipeline will be tapped and a hose attachment will be M installed at the low point of the pipeline near the cut locations. The hose will then be turned on and the line drained so that a trickle of water deposits in the lined pit with sodium sulfate tablets. The hand crew will ensure that the pit would not overnow. The field crews will use hand tools to remove the pipeline to avoid introducing heavy construction equipment into the environmental sensitive creek bed area. Awheelbarrow will be used to carry the ' removed pipeline to a dump truck, where it will be loaded and disposed of at an approved waste disposal facility. The existing pipeline will be removed to 10 feet on either side of the creek, the remaining existing pipe will be capped and abandoned. The pipeline will only be removed once the line has been completely drained. The existing pope will be abandoned in plaGe. 2.4 PHASING The total project duration is estimated to be about three (3) months. Unforeseen delays from inclement weather or material shortages could extend the project to about four(4) months. 1 ' Initial Study/Environmental Checklist Page 6 February 2006 m WON m m " i Ut roSTµL YAngNE USINWG II DOPS n W IY%'E E DFECDON OPoNO rECNNIWES OCORRECT m EG"STNG B'WL PFA [MIST BASIBN1 OCTAL I S Ev PI (ME N TE / DIANJND //(�� OJ CONNECT TO EXISTING S'M PER (EEC NOTE I) !til DETAIL 2 91EEi D-1 /F\ STRLWG IO NMKL BDO IT STA STAGING A DUCDM AREA fENUN A ARWNDD. TENS AT AREA AS NM TO. EENCE LCCATW CM't AND R PARIS m IN aEATTO WM wRDGVA %+ awCR PRwR m NsuuAirDll / R \ f X DOXmr0 PZE[T ONAHEL ARED.0 SE.ENVY pi. P IORTTo STAINIS WTI DINNER _ V� NGS MABLEs �6 CPITRACig1 m PROVE \_ NMY DtM1N ._.-i...� s \� 10fT6 SSZE i0 BELCLEARED WBRILL IRS MH NNERRU. 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Z.CONTRACTOR 91ALL NOT E%CAVAT ON D51i KWTATCN RWM OE ME UNIT LINE SMM'. /I NORK 0111 J / / CONNECT m[MST v3 STA 15+87.M N21 3%I.GOZ2 ABANDONED R' E 6139b1.9835 ____ SREEi RCW WATER{RE _ _ EP / 51FFFT SAN JUAN CFIEEK_RCJ�_ _ — — — r I T — / I SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA PBFI NOT TO SCALE Proposed Pipeline Replacement cowmmNW Exhibit 3 r r View of existing exposed pipeline. <� View looking downstream from existing pipeline. i z View looking upstream from existing pipeline. ;y SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA IQ NOT TO SCALE On-Site Photographs .o.e.....e Exhibit 4 � ® , j w ; > Aw- Pte•y � ,� r � �. ;�„ ,X�� Or IV } J r r ' 3.0 INITIAL STUDY CHECKLIST r i 1 r 1 i f 1 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA 3.0 INITIAL STUDY CHECKLIST 3.1 BACKGROUND Project Title: San Juan Creek Waterline Crossing Replacement at Via Estenaga Lead Agency Name and Address: CITY OF SAN JUAN CAPISTRANO—PUBLIC WORKS DEPARTMENT 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Contact Person and Phone Number: Ms. Amy Amirani Public Works Department 949/443-6361 Project Location: The proposed project site is located within the City of San Juan Capistrano, County of Orange. The project site currently consists of eight-inch ductile iron pipeline that crosses the San Juan ' Creek at Via Estenaga. The waterline crossing is bordered by Cook Cordova Park to the north, and San Juan Creek Road in the vicinity of Paseo Christina to the south. Local access to the site is provided by Via Estenaga or San Juan Creek Road,while regional access is provided via Interstate 5 or the Ortega Highway(Highway 74), located west and north of the subject site, respectively. Project Sponsor's Name and Address: CITY OF SAN JUAN CAPISTRANO PUBLIC WORKS DEPARTMENT 32400 Paseo Adelanto San Juan Capistrano, CA 92675 General Plan Designation: General Open Space Zoning: General Open Space Description of the Project: The City of San Juan Capistrano owns and maintains an eight-inch ductile iron waterline which crosses the San Juan Creek in the vicinity of Via Estenaga. The waterline crossing is bordered by Cook Cordova Park on the north side, and San Juan Creek road in the vicinity of Paseo Christina on the south side. During the heavy rainfall in January of this year,the waterline was compromised and now lies exposed in the creek. In order to ensure safe operation and maintenance of this line, ' the City must replace approximately 600 feet of this waterline, and reconnect to their system on both sides of the creek. A 12-inch line will be installed, replacing the existing eight-inch line to increase capacity and improve service conditions. Due to the environmental sensitivity of the San Juan Creek riverbed and the City's desire to avoid adverse environmental impacts, the City has determined that directional drilling will be used to construct the replacement waterline. Using specialized equipment set up outside of the creek bed area,the waterline would be installed by drilling under the creek.The drill head will be guided by a Global Positioning System to ensure that the waterline is installed in the desired horizontal and vertical alignment. The ends of the waterline would then be connected by conventional construction methods to the existing waterline facilities located outside the creek bed area. ' Once the new line has been installed and energized the old line will be removed using field crews. Sodium sulfate tablets will be used to dechlorinate the water in the existing pipeline prior to Initial Study/Environmental Checklist Page 10 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA removal. The dechlorination process will occur by creating a small pit (3'x 3') under the two locations where the existing fine will be cut.This pit will be lined with a filter fabric to catch the water and any sediment in the line.The sodium sulfate tablets will be placed in the filter fabric lined pit to insure that no chlorine enters the stream.The pipeline will be tapped and a hose attachmentwill be installed at the low point of the pipeline near the cut locations.The hose will then be turned on and the line drained so that a trickle of water deposits in the lined/tableted pit. The hand crew will ensure that the pit would not overflow. The field crews will use hand tools to remove the pipeline to avoid introducing heavy construction equipment into the environmental sensitive creek bed area. A wheelbarrow will be used to carry the removed pipeline to a dump truck where it will be loaded and disposed of at an approved waste disposal facility. The existing pipeline will be removed to 10 feet on either side of the creek, the remaining existing pipe will be capped and abandoned. The pipeline will only be removed once the line has been completely drained. QRGe the new"Re has been 6pstalled and 6ReFgized, the eld "Re will be abandoned iR plaGe. Surrounding Land Uses and Setting: The subject site is located south of the terminus of Via Estenega and north of San Juan Creek Road in the City of San Juan Capistrano, Orange County,California. Surrounding uses consist of recreational uses to the north(Cook Cordova Creek and horse stables)and residential uses to the south. San Juan Creek extends to the east and west of the project site. Other public agencies whose approval is required (e.g., permits, financing approval or participation agreement). No other agencies have been identified at this time. — 3.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact", or"Less Than Significant With Mitigation Incorporation", as indicated by the checklist on the following pages. Aesthetics Land Use and Planning Agriculture Resources Mineral Resources X Air Quality X Noise X Biological Resources Population and Housing Cultural Resources Public Services X Geology and Soils Recreation Hazards & Hazardous Materials Transportation/Traffic Hydrology&Water Quality Utilities &Service Systems X Mandatory Findings of Significance 3.3 EVALUATION OF ENVIRONMENTAL IMPACTS This section analyzes the potential environmental impacts associated with the proposed project.The issue areas evaluated in this Initial Study include: ❖ Aesthetics — Agriculture Resources Air Quality Initial Study/Environmental Checklist Page 11 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENTAT VIA ESTENAGA ❖ Biological Resources :• Cultural Resources ❖ Geology and Soils ❖ Hazards and Hazardous Materials •3 Hydrology and Water Quality Land Use and Planning ❖ Mineral Resources ❖ Noise ❖ Population and Housing Public Services ❖ Recreation ❖ Transportationrrraffic ' Utilities & Service Systems The environmental analysis in this section are patterned after the Initial Study Checklist recommended bythe City's Local CEQA Guidelines and used bythe City in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation,a determination that there is a potential forsignificant effects indicates the need to more fully analyze the development's impacts and to identify mitigation. For the evaluation of potential impacts,the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis ' considers the long-term, direct, indirect, and cumulative impacts of the proposed project. To each question, there are four possible responses: ❖ No Impact. The project will not have any measurable environmental impact on the environment. ❖ Less Than Significant Impact. The project will have the potential to impact the environment, although this impact will be below established thresholds that are considered to be significant. Established thresholds are defined in the Master Plan's Program Environmental Impact Report and Supplemental Environmental Impact Report. Less Than Significant With Mitigation Incorporation. The project will have the potential to generate impacts which may be considered as a significant effect on the ' environment, although mitigation measures or changes to the project's physical or operational characteristics can reduce these impacts to levels that are less than significant. ❖ Potentially Significant Impact. The project will have impacts which are considered significant,and additional mitigation measures can not reduce these impacts to less than significant levels. Initial Study/Environmental Checklist Page 12 February 2006 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION 1 1 1 1 1 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA ' 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION This section analyzes the potential environmental impacts which may result from the proposed project. For the evaluation of potential impacts, the questions in the Initial Study Checklist(Section 2) are stated and answers are provided according to the analysis undertaken as part of the Initial Study. The analysis considers the project's short-term impacts (construction-related), and its operational or day-to-day impacts. For each question, there are four possible responses. They include: 1. No Impact. Future development arising from the project's implementation will not have any measurable environmental impact on the environment and no additional analysis is required. ' 2. Less Than Sionificant Impact.The development associated with project implementation will have the potential to impact the environment;these impacts, however,will be less than the levels or thresholds that are considered significant and no additional analysis is required. ' 3. Less Than Significant With Mitigation Incorporation. The development will have the potential to generate impacts which may be considered as a significant effect on the environment, ' although mitigation measures or changes to the project's physical or operational characteristics can reduce these impacts to levels that are less than significant. 4. Potentially Significant Impact. Future implementation will have impacts that are considered significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less than significant levels. The following is a discussion of potential project impacts as identified in the Initial Study. Explanations are provided for each item. Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact Mitigation Incorporation 4.1 AESTHETICS —,Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ X scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ El 11 X outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ X surroundings? d) Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ ❑ X nighttime views in the area? a) Have a substantial adverse effect on a scenic vista? No Impact: The project proposes to install an underground pipeline. No permanent above ground structures are proposed, therefore, no impacts on scenic vistas will occur from the project. ' b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. No scenic resources, including trees, rock outcroppings or historic buildings are situated on-site. In addition, the Initial Study/Environmental Checklist Page 13 February 2006 CTy of SAN JUAN CAPisTRANO—PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA project site is not situated within a state scenic highway. Impacts are not anticipated in this regard. c) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact. Refer to Responses 3.1 a and 3.1 b, above. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact. Refer to Responses 3.1a and 3.1b, above. Potentially Less Than Less Than No Significant Significant_ Significant Impact Impact Impact With Impact Mitigation Incorporation 4.2 AGRICULTURE RESOURCES: In determining. whether _ impacts to _ agricultural resources re`' signifioant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site, Assessment Model - (1997')prepared by the;California Dept. of Conservation as an optional model to use in assessing:inipacts on-agriculture and _ farmland. Would the project a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide _ Importance (Farmland), as shown on the maps prepared pursuant to the Farmland ❑ ❑ ❑ X Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ X use, or a Williamson Act contract? _ c) Involve other changes in the existing environment which,due to their location or ❑ ❑ ❑ X nature, could result in conversion of Farmland, to non-agricultural use? a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of — the California Resources Agency, to non-agricultural use?No Impact. Designated land uses within the project area do not include agricultural uses and project implementation would not stimulate conversion of existing farmland to non-agricultural uses. Therefore, project — components do not affect an agricultural resource area and thus do not impact designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The proposed project is located in an area zoned for general open space; agricultural designations do not occur within the project area and no Williamson Act Contracts apply. Additionally,project activities will occur within the streambed of the San Juan Creek,where no agricultural uses are present. Therefore, implementation of the project would not result in any conflicts with existing zoning for agricultural use or a Williamson Act Contract. No impacts are anticipated in this regard. Initial Study/Environmental Checklist Page 14 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? No Impact. As previously stated,the proposed project area is not located within an agricultural area. Thus, implementation of this project would not result in changes in the environment,which would result in the conversion of farmland to non-agricultural use. No impacts are anticipated in this regard. Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact Mitigation Incorporation 4.3 AIR QUALITY -- Where available, the significance criteria established by the applicable'air quality management or air pollution control distrid may be relied upon to make the 'following determinations. Would the project: a) Conflict with or obstruct implementation of ❑ ❑ X ❑ the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or ❑ X ❑ ❑ projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air ❑ X ❑ ❑ quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantiaF ❑ ❑ X ❑ pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ X ❑ substantial number of people? a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. A potentially significant impact to air quality would occur if the project would conflict with or obstruct the implementation of the applicable air quality plan. According to the SCAQMD's CEQA Handbook (SCAQMD, updated November 1993), the purpose of the consistency finding is to determine if a project is inconsistent with the assumptions and objectives of the regional air quality plans,and thus if it would interfere with the region's abilityto comply with Federal and State Ambient Air Quality Standards (AAQS). If the project is inconsistent, local governments need to consider project modifications or inclusion of mitigation ' to eliminate the inconsistency. It is important to note that even if a project is found consistent,it could still have a significant impact on air quality under CEQA. Growth assumptions within the AQMP are based the growth assumptions and land use designations included within local ' general plans. Therefore, consistency with the AQMP is analyzed in regards to the project's consistency with the local general plan. Following construction,the pipeline would not generate stationary or mobile source emissions. During construction, particulate emissions would temporarily add to the existing regional non- attainment problem. Additionally, construction activities would result in criteria pollutant ' emissions from stationary and mobile equipment. However, standard construction emissions control measures would be implemented to minimize such emissions to below a level of significance. Additionally, after construction of the subject site is complete, all construction- related impacts would cease. Initial Study/Environmental Checklist Page 15 February 2006 C/N OF SAN JUAN CAPISTRANO—PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA A main infrastructure policy that relates directly to air quality management is that expansions, upgrades or new facilities be provided conjointly with the growth it would serve, and that the infrastructure be sized according to the land use designations and intensities included in locally adopted General Plans. The proposed project is a pipeline replacement project. Thus, the project would not facilitate growth or new land use activities and would not, therefore, result in any conflicts with AQMP assumptions regarding growth and long-term air quality in this service area. Impacts are anticipated to be less than significant. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? CONSTRUCTION EMISSIONS Equipment Exhausts and Related Construction Activities Less Than Significant with Mitigation.Construction activities produce combustion emissions _ from various sources such as site grading, utility engines, on-site heavy-duty construction vehicles, and motor vehicles transporting the construction crew. Exhaust emissions from construction activities envisioned on-site would vary daily as construction activity levels change. The use of construction equipment on-site would result in localized exhaust emissions. It is assumed that asphalt laydown or architectural coating activities would not be needed for the proposed project. For the pipeline laydown, horizontal directional drilling (HDD) will be utilized. The method of horizontal directional drilling(HDD)is considered a"trenchless"method to install new pipelines and other facilities. HDD refers to a steerable system for the installation of pipes, conduits, and - cables in a shallow arch using a drill rig at the ground surface.' Thus, it is anticipated that only a minimal amount of earthmoving activities would occur. Equipment required includes two backhoes, one mud recycling system, and one drill rig. The construction emissions were _ estimated for a conservative three-month schedule and are depicted in Table 4.3-1, TOTAL DAILY CONSTRUCTION EMISSIONS. Additionally, it is assumed there would be 15 construction workers, each traveling a 30-mile roundtrip to the site. _ Table 4.3-1 TOTAL DAILY CONSTRUCTION EMISSIONS Construction Emissions 6.53 44.19 54.11 1.74 — SCAQMD Threshold 75 100 550 150 Is Threshold Exceeded? No No No No ROG = Reactive Organic Gasses NO,=Nitrogen Oxides CO =Carbon Monoxide — PM = Particulate Matter 1 - Emissions calculated using the URBEMIS2002 Computer Model as recommended by the SCAQMD. Refer to the worksheets in Appendix A,Air Quality Modeling output,for detailed assumptions. As illustrated in Table 4.3-1, construction emissions associated with the Project would not exceed SCAQMD thresholds of significance. However,to comply with the SCAQMD Rules and Regulations, Mitigation Measures have been recommended to reduce PM10 emissions;refer to — Mitigation Measure AQ.1. Implementation of AQ.1 regarding dust control techniques(e.g.,daily watering), limitations on construction hours reduce PM10 levels.Additionally,Mitigation has been included to reduce nuisance emissions from idling equipment;refer to Mitigation Measure AQ.2. _ 1 htto://www.trenchlessonline.com/paper.ohi), March 7,2004. Initial Study/Environmental Checklist Page 16 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA With adherence to the proposed Mitigation,the Project will comply with all applicable SCAQMD rules and regulations. LONG-TERM PROJECT-RELATED EMISSIONS Following construction, the proposed pipeline would not generate any stationary emissions or vehicular trips, and would generate insignificant and infrequent mobile emissions associated with periodic maintenance and monitoring activities. Therefore, long-term emissions are not anticipated. Due to the nature of the project, project generated emissions from both construction activities and operations would not result in significant air quality impacts on a local or regional basis ' since the SCAQMD thresholds of significance would not be exceeded. Mitigation Measures: ' AQ.1 The following dust suppression measures as outlined in SCAQMD Rule 403, shall be included as part of the project's construction. ❖ Revegetate disturbed areas as quickly as possible; ❖ All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts)exceed 25 mph; •A All streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water); Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site each trip; •: All on-site roads shall be paved as soon as feasible, watered periodically, or chemically stabilized; and ❖ The area disturbed by clearing, grading,earthmoving, or excavation operations shall be minimized at all times. AQ.2 The Construction Contractor shall select construction equipment based on low emission factors and high-energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications.Compliance with this measure will be subject to periodic inspections of construction equipment vehicles by the City. ' c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project by region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ' Less Than Significant With Mitigation Incorporation. Refer to Responses 4.3a and 4.3b. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant ' Impact. Sensitive populations(i.e., children,senior citizens and acutely or chronically ill people) are more susceptible to the effects of air pollution than are the general population. Land uses considered sensitive receptors typically include residences, schools, playgrounds, childcare centers, hospitals, convalescent homes, and retirement homes.Sensitive receptors in proximity ' to the project site include several residential homes along San Juan Creek Road. Although construction and operation of the project would increase vehicle trips on area roadways and result in associated air pollutants,these increases would not significantly contribute to pollution levels. Impacts are not anticipated to be significant. initial Study/Environmental Checklist Page 17 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA e) Create objectionable odors affecting a substantial number of people?Less Than Signfffcant Impact. The proposed project would not create objectionable odors affecting a substantial number of people. The project will consist of a subterranean pipeline and would utilize standard construction techniques and materials. Impacts in this regard are not anticipated to be significant. Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact Mitigation Incorporation 4.4 BIOLOGICAL RESOURCES— Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, _ sensitive,or special status species in local ❑ X44 CX ❑ or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural — community identified in local or regional ❑ X+- 1_X ❑ plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to,marsh,vernal ❑ ❑ ❑ X pool,coastal,etc.)through direct removal, filling, hydrological interruption, or other _ means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native ❑ ❑ ❑ X resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? _ e) Conflict with any local policies or ordinances protecting biological resources, El ❑ ❑ X such as a tree preservation policy or _ ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other ❑ ❑ ❑ X — approved local, regional, or state habitat conservation plan? a) Have a substantial adverse effect, either directly or through mitigation measures obtain air district permit habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Departmentof Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant with Mitigation. According to the Biological Resources Report nine special interest and five special- status animal species potentially exist within the project area. These species include the _ Initial Study/Environmental Checklist Page 18 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA tidewater goby (Eucyclogobius newberryt), arroyo toad (Bufo californicus), coastal California gnatcatcher(Polioptila californica californica),least Bell's vireo(LBV)(Viero bellii pusillus),and southwestem willow flycatcher(SWWF) (Empidonex traillii exteimus). Of these species, the arroyo toad has a moderate probability of occurring in the project area, as suitable breeding habitat is present in the open water areas of the creek bed and the species is known from one mile upstream. Additionally, suitable habitat for the LBV and SWWF is present in the willow riparian forest within the creek and adjacent banks. LBV has a moderate probability of occurrence within the project area. The SWWF has a low probability of occurring within the project area, as the species is not known in the area. Due to the proposed methods of construction and implementation of noise mitigation measures(discussed below), no riparian vegetation will be removed; therefore impacts to LBV or SWWF is considered less than significant. ' The arroyo toad is a federally listed endangered species and a State species of special concern and has a low to moderate potential to occur as a breeding species within the San Juan Creek ' channel. *FnpaGtS t8 the aFIVy0 toad would be less than sigRifiGant.— The use of hand crews has Potential to result in the trampling of the arroyo toad during the manual removal of the existing Pipeline Implementation of mitigation measures would reduce impacts to arroyo toad to less than significant. Mitigation Measures: 6101. To avoid Potential trampling of arroyo toad, removal of the exposed portions of the existing pipeline within San Juan Creek shall occur outside of the breeding season (March 15 through July 1). If pipeline removal cannot be conducted outside of the ' breeding season, then the City will arrange for protocol presence/absence surveys for the arroyo toad to be conducted within the project area by a qualified biologist a maximum of two weeks Prior to any work within the San Juan Creek channel. If arroyo toad is determined to be present within the study area Pipeline removal activities within the channel shall be postponed to occur outside the breeding season or, the City may direct their biologist to contact the United States Fish and Wildlife Service to determine ' the appropriate action to allow removal to proceed and avoid a take of the species. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies,regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant with Mitigation. The project area consists of four habitat types (southern willow riparian forest, mulefat scrub, disturbed areas, and ornamental landscaping). However, no special interest or special status ' plant species were observed within the study area during the field surveys, and none are expected to occur due to lack of suitable habitat. Therefore, project impacts to special-interest and special-status plant species are considered less than significant and no mitigation is ' required. Additionally,due to the proposed construction methods, no riparian vegetation will be removed or impacted as part of the proposed project. Therefore, no riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wild Service will be impacted by the proposed project. Impacts are considered less than significant. Mitigation Measure: 610.2 Prior to construction, the CDFG shall be notified of the proposed activities and a 1602 Streambed Alteration Notification Package shall be submitted to the California ' Department of Fish and Game. If required. a Streambed Alteration Agreement shall be obtained prior to initiation of Proiect activities. Initial Study/Environmental Checklist Page 19 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBUC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. Wetlands, as defined by Section 404 of the Clean Water Act, exist or have been identified on-site. However, due to the proposed construction methods,the project would not result in impacts to wetlands. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. With implementation of the proposed construction methods and noise mitigation measures (described below), project implementation would not interfere with the movement of any native resident or migratory fish or wildlife species, with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. No impacts are anticipated in this regard. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree _ preservation policy or ordinance? No Impact. Existing trees within the Project site are not anticipated to be removed, as the project will not impact vegetation within the project area. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The project area is situated in the Coastal and Southern Sub-region of the County of Orange Natural Community Conservation Plan and Habitat Conservation Plan (NCCP). The NCCP process for the Coastal Southern Orange County Subregion is on-going and is not yet completed. The Implementation Agreement has not yet been prepared. However,the City is a signatory to the Planning Agreement for the sub-region. Additionally,the project will not result in — impacts to vegetation within the San Juan Creek and surrounding area. Therefore the project would not result in conservation planning impacts. Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact Mitigation — Incorporation 4.5 CULTURAL RESOURCES Would the project: — a) Cause a substantial adverse change in the significance of a historical resource as ❑ X ❑ ❑ defined in §15064.5? _ b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ X pursuant to§15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique Cl ❑ Cl X geologic feature? d) Disturb any human remains, including those interred outside of formal ❑ ❑ ❑ X cemeteries? a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines 15064.5? Less Than Significant with Mitigation. The project site includes two tie-in locations that have been disturbed by grading, landscaping,installation of the existing — pipeline to the north, and San Juan Creek Road to the south. The area to be traversed by the replacement pipeline is almost entirely located within the active stream channel of San Juan Initial Study/Environmental Checklist Page 20 February 2006 ' CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA Creek. Therefore, project implementation is not expected to cause a substantial adverse change in the significance of a historical resource. ' According to the Cultural Resources Element of the City of San Juan Capistrano General Plan (Figure CR-2, Locations of Prehistoric and Historic Archeological Resources), the project site and surrounding area is located within an archaeological or historically sensitive area. LSA Associates(LSA)conducted a Cultural Resource Assessment in October 2005. According to a records and literature search at the South Central Coastal Information Center located at California State University, Fullerton, conducted by LSA, the project area has been previously surveyed and no cultural resources have been documented within the project area. The closest site, CA-ORA-243, is located approximately 1,000 feet to the east of the project area. Five previous reports have examined either the entire or portions of the project area, four of which area surveys. LSA conducted a field survey on October 3, 2005. No cultural resources were identified during the survey. Due to the extensive disturbance that has occurred at the northern and southern tie-in locations, the active stream channel, and the depth of the replacement pipeline installation, the Cultural Resource Assessment concluded that there is very little potential for unidentified buried resources to be present. However, the extensive pre-historic Native American habitation along creeks could result in the presence of sub-surface artifacts. ' The removal of significant soil as part of the boring process could un-earth such resources. Therefore, impacts could be significant. ' Mitigation Measures: CRI. Archeological Monitor.A qualified archaeologist(defined as an archaeologist on the List of Certified Archaeologists for Orange County) shall be retained (at the project applicant's expense) by the City of San Juan Capistrano and shall be present at pre- construction meetings to advise construction contractors about the sensitive nature of cultural resources located on and/or in the vicinity of the project site, as well as monitoring requirements. A qualified monitor(defined as an individual with a bachelors degree in anthropology with archaeological monitoring experience), supervised by the qualified archaeologist,shall observe on-and off-site construction activities that result in grading, and/or excavating below the original ground surface (including during project- related off-site utility [natural gas, electricity, sewer, water, drainage, communications, etc.]and roadway improvements). Should non-human cultural resources be discovered, ' the monitor shall have the power to temporarily halt or divert construction activities until the qualified archaeologist can determine if the resources are significant and, if significant, until recovered by the archaeologist. In the event that human remains are ' discovered, construction activities shall be halted or diverted until the provisions of §7050.5 of the Health and Safety Code and §5097.98 of the Public Resources Code have been implemented. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines§ 15064.5? No Impact. Refer to Response 4.5(a). c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. The City's General Plan does not address paleontological resources. ' According to the County of Orange General Plan the project area is considered to be an area of sensitivity for paleontological resources. Paleontological sites are abundant in southern Orange County, specifically along the coast and in creek areas. However, no County Master Environmental Assessment Sensitivity Maps are available. Due to the extensive disturbance which has occurred on the property, there is no potential for sub-surface resources to be present. Initial Study/Environmental Checklist Page 21 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact There are no known formal grave sites within the project limits. However,pre-historic burials are not uncommon along the creeks corridors within the City. Therefore,the disturbance of human remains is not anticipated. However, in the unlikely event that human remains would be encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric,the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant(MILD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 24 hours of notification by the NAHC. The MLD will have the opportunity to offer recommendations on the disposition of the remains. Potentially Less Than Lose Than No - Significant Significant Significant Impact Impact Impact With Impact Mitigation Incorporation - 4.6 GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential - substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as - delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area ❑ ❑ ❑ X or based on other substantial evidence of — a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ 1 X iii) Seismic-related ground failure, including ❑ ❑ ❑ X liquefaction? iv) Landslides? ❑ ❑ ❑ X - b) Result in substantial soil erosion or the ❑ ❑ X ❑ loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially ❑ ❑ X ❑ result in on- or off-site landslide, lateral _ spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil,as defined in Table 18-1-B of the Uniform Building Code ❑ ❑ ❑ X (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems ❑ ❑ ❑ X where sewers are not available for the disposal of waste water? Initial Study/Environmental Checklist Page 22 February 2006 CITY OF SAN JUAN CAPISTRANo-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA a) Expose people or structures to potential substantial adverse effects, including the risk ofloss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special ' Publication 42. No Impact. The project site is located within the seismically active southern California region and would likely be subjected to groundshaking, thus exposing proposed water transmission and storage facilities to seismic hazards. No known active seismic faults traverse the City of San Juan Capistrano. However, the City is located within 50 miles of several known potential sources of strong shaking, including the offshore segment of the Newport-Inglewood fault system located approximately six miles west of the City and the San Andreas fault system located approximately 50 miles east of the city. The City of San Juan Capistrano is not identified as an Alquist-Priolo Earthquake Fault Zone (formerly referred to as "Special Studies Zones"). Furthermore the County of Orange General Plan ' indicates that the project site is not within an Alquist Priolo Special Study Zone. The project would not expose people or structures to earthquake-related impacts,and so,would result in no impacts. ' ii) Strong seismic ground shaking? No Impact. As mentioned before,southern California is a seismically active region likely to experience, on average,one earthquake of Magnitude 7.0, and ten (10)earthquakes of Magnitude 6.0 over a period of 10 years. ' Active faults are faults that are considered likely to undergo renewed movement within a period of concern to humans. These include faults that are currently slipping, those that ' display earthquake activity, and those that have historical surface rupture. The California Geological Survey(CGS)defines active faults as those that have had surface displacement within Holocene times(about the last 11,000 years). Such displacement can be recognized ' by the existence of sharp cliffs in young alluvium, unweathered terraces, and offset modern stream courses. Potentially active faults are those believed to have generated earthquakes during the Quaternary period, but prior to Holocene times. ' There are several active and potentially active fault zones that could affect the project site. The faults within these zones include the Newport-Inglewood,Whittier, San Andreas, San Jacinto, Malibu-Coast-Raymond, Palos Verdes, San Gabriel, 'and Sierra Madre-Santa Susana-Cucamonga faults. Implementation of the proposed project would be in conformance with standard construction and design parameters set forth in the Uniform Building Code (UBC), and the City's Seismic Hazard Mitigation Ordinance. Conformance with standard engineering practices and design criteria would reduce the effects of seismic groundshaking to less than significant levels. iii) Seismic-related ground failure, including liquefaction? No Impact. Liquefaction is the loss of strength of cohesionless soils when the pore water pressure in the soil becomes equal to the confining pressure. Liquefaction generally occurs as a"quicksand"type of ground failure caused by strong groundshaking. The primary factors influencing liquefaction potential include groundwater, soil type, relative density of the sandy soils, confining pressure, and the intensity and duration of groundshaking. According to the City of San Juan Capistrano General Plan, dated December 14, 1999, the project site has a potentially high possibility for liquefaction to occur.Additionally, geotechnical borings were taken by Lawson&Associates Geotechnical Consulting, Inc. to evaluate the conditions at the project site. The borings indicated that the materials within the project site were predominantly sands and clayey sands with gravels, with lesser amounts of cobbles. Groundwater beneath the project site was encountered at 20 feet below ground surface and the flow rate was determined to be upwards of 60 gallons per minute. The stability of the boreholes was low and prone to Initial Study/Environmental Checklist Page 23 February 2006 CITY OF SAN JUAN CAPISTRANO—PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA collapse/caving. This was assumed to be due to the combination of sand and groundwater. Conformance with standard construction and design parameters set forth in the UBC and the City's Seismic Hazard Mitigation Ordinance would eliminate any potential impacts associated with liquefaction. iv) Landslides?No Impact. Landslides are mass movements of the ground that include rock falls, relatively shallow slumping and sliding of soil, and deeper rotational or transitional movement of soil or rock. Landsliding is considered likely in many areas of the City due to the number of unstable hillside slopes. However, according to the City of San Juan Capistrano General Plan, the project site is not located within a known or highly suspected landslide area.2 b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Due to the nature of the proposed project and the utilization of directional drilling, the proposed project would not result in substantial soil erosion or loss of topsoil. Additionally,the proposed 12-inch replacement waterline will be located 30 feet below the existing channel ground surface _ (approximately 112 feet above msl). Therefore after the replacement waterline is installed it will be 82 ft above msl.An earlier 100-yearflood scour analysis completed for the 1995 construction plans (sheet 3 of 5)for the San Juan Creek Crossing indicated an elevation equal to 89 feet above msl. Based on this analysis, in the event of a 100-year flood, the proposed 12-inch replacement waterline should still be 7 feet below the post 100-year flood scoured channel surface. The construction of the pipe will not result in substantial soil erosion or loss of topsoil, nor will the pipe be exposed due to erosion and sediment transport within the creek. - c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, - liquefaction or collapse? Less Than Significant Impact. According to the Summary of Geotechnical Borings, a soil bore drilled adjacent to the site on July 7, 2005 was observed to collapse/cave in when the casing pipe was removed. The proposed project, however, is not likely to result in collapse or caving of a drilled hole due to the use of bentonite drilling fluid, which will be used to support the drilling hole. In cases where frac-outs (mud rupturing to the surface due in part to excessive drilling pressure), tunnel collapse, or a spill is a high risk, _ damage along the drilled tunnel is easily controlled with: 1)accurate geotechnical assessment practices; 2) proper drill planning and execution by the Contractor, 3) monitoring by the Contractor; 4) a Contingency Plan submitted by the Contractor; and 5) retaining mitigation equipment on-site including long hoses to reduce vegetation and waterway disturbance. Additionally, adherence to standard engineering practices would result in less than significant impacts related to subsidence of the land. Refer to Response 4.6a, above. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? No Impact. The dominant soil association in the project area is the Sorrento-Mocho soil association. Characteristics of the association are nearly level to moderately sloping,well drained sandy loams, loams,or clay foams on alluvial fans and flood plains. According to the Orange County and Western Part of Riverside County Soil Survey, dated September 1978, this soil association has a low to moderate shrink-swell _ potential. Adherence to standard engineering practices contained within the most recent UBC will reduce any potential impacts to less than significant levels. Due to the project's location and nature, it would result in no substantial risk impact to life or property. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?No Impact. 2 City of San Juan Capistrano General Plan Safety Element,Figure S-1,Geological Hazards. Initial Study/Environmental Checklist Page 24 February 2006 ' CIT/OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA ' The proposed project does not propose septic tanks or alternative wastewater disposal systems, and no impacts would occur. Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact ' Mitigation Incorporation 41 HAZARDS.AND HAZARDOUS ' 'MATERIAL-Would the project: a) Create a significant hazard to the public or the environment through the routine 11 El X ' transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions ❑ ❑ X ❑ involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, ❑ ❑ ❑ X substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled ' pursuant to Government Code Section 11 ❑ ❑ X 65962.5 and, as a result,would it create a significant hazard to the public or the environment? ' e) For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public ❑ ❑ ❑ X airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip,would the project result in a safety ❑ ❑ ❑ X hazard for people residing or working in the project area? ' g) Impair implementation of or physically interfere with an adopted emergency ❑ ❑ ❑ X response plan or emergency evacuation plan? ' h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where ❑ ❑ X ❑ wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ' a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The proposed project involves a pipeline replacement, which does not have the capacity to create a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Thus, implementation of the proposed project would not result in these impacts. Initial Study/Environmental Checklist Page 25 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact. The proposed project does not have the potential to result in a release of hazardous materials into the environment. The existing pipeline consists of a ductile iron pipeline used to convey water. No hazardous materials are associated with the existing pipeline. Additionally, the proposed pipeline will be constructed of plastic and also used to convey water. Therefore hazardous materials are not anticipated to be located within the project site. However, the equipment used for the directional drilling activities could result in the possibility of accidental release of hazardous substances such as spilling of petroleum-based fuels. The level of risk associated with the accidental release of these substances is not considered significant due to the small volume and low concentration of petroleum-based fuels to be used during construction. The contractor will be required to use standard construction controls and safety procedures, which would avoid and minimize the potential for accidental release of such substances into the environment. Standard construction practices would be observed such that any materials released are appropriately contained and remediated as required by local, state, and federal law. - c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. No existing or _ proposed school facilities are located within a one-quarter mile radius of the project site. The nearest existing school,Ambeuhl Elementary, is located 0.47 miles to the west-southwest of the project area.The nearest proposed school, San Juan Senior high School,is under construction on a site about 0.64 miles to the southeast. Thus, impacts to existing or proposed schools would not occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. According to an Environmental Data Resources Radius Map Report, the proposed project site is not included on a list of sites containing hazardous — materials and would not result in a significant hazard to the public or to the environment. Additionally, the surrounding properties listed for containing hazardous materials have low potential to impact the project site since no contamination was reported. Consequently, the project would have no impact. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The proposed project site is not located within an airport land use plan or within two miles of a public airport and would not result in a safety hazard for people residing or working in the project area. - f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. The proposed project site is not — located within the vicinity of a private airstrip and would not result in a safety hazard for people residing or working in the project area. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. Construction activities associated with the proposed project would not occur within a public roadway. Implementation of the proposed project would _ not have an impact on emergency response plans or emergency evacuation plans as no street closures or detour routes would be necessary during the construction phase. No revisions to adopted emergency plans would be would be required as a result of the proposed project. Therefore, no impacts are anticipated as a result of project implementation. - Initial Study/Environmental Checklist Page 26 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA h) Expose people or structures to a significant risk of loss, injury or death involving wildland tires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wiidlands? No Impact. The project would not expose people or structures to a significant risk of wildland fires, as the project involves the replacement of a pipeline. In addition, the project area is not classified by Orange County Fire Authority(OCFA)as a wildland fire hazard ' area. Standard construction measures would minimize the risk of brush fires due to the operation of construction equipment. Therefore, the project would have no Impact. Potentially Less Then Less Than No ' Significant Significant Significant Impact Impact Impact With Impact Mitigation ' Incorporation 4.8 HYDROLOGY AND WATER QUALITY— Would the project: a) Violate any water quality standards or ❑ ❑ X ❑ waste discharge requirements? ' b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of ' the local groundwater table level(e.g.,the ❑ ❑ X ❑ production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses ' for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including ' through the alteration of the course of a ❑ ❑ X ❑ stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase ❑ ❑ X ❑ the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or ' planned stormwater drainage systems or ❑ ❑ X ❑ provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water ❑ ❑ X ❑ quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate ❑ ❑ ❑ X Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect ❑ ❑ ❑ X flood flows? Initial Study/Environmental Checklist Page 27 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA Potentially Less Than Less Than No Signiflcant Significant Significant Impact Impact Impact With Impact Mitigation Incorporation i) Expose people or structures to a significant risk of loss, injury or death D X C involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or D E X mudflow? a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact with Mitfaadon. The proposed project is anticipated to result in discharges to San Juan Creek. The cutting and removal of the existing pipeline would result in the discharge of approximately 2,600 gallons of potable water. hHowever,sodium sulfate tablets will be used to _ dechiorinate the water in the existing pipeline prior to removal. The dechlorination process will occur by creating a small pit(3'x 3')under the two locations where the existing line will be cut. This pit will be lined with a filter fabric to catch the water and any sediment in the line. The sodium sulfate tablets will be placed in the filter fabric lined pit to insure that no chlorine enters the stream The pipeline will be tapped and a hose attachment will be installed at the low point of the pipeline near the cut locations. The hose will then be turned on and the line drained so that a trickle of water deposits in the lined/tableted pit. The hand crew will ensure that the pit - would not overflow. Additionally, compliance with the statewide National Pollutant Discharge Elimination System - (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity would prevent stormwater pollution from impacting waters of the U.S.in the vicinity of the project site. Implementation of the mitigation measures identified below would reduce potential water _ quality impacts to less than significant levels. However, to ensure that water quality is not impacted, appropriate BMPs (i.e., silt fencing) will be utilized during drilling activities. Additionally,with implementation of the following mitigation measure,impacts would be reduced to less than significant. Mitigation Measures WQ.1 Prior to commencement of removal activities,a Waste Discharge Requirement(WDR)or a waiver thereof, may be required from the San Diego RWQCB for the discharge of potable water to San Juan Creek. If WDRs are prescribed, the City of San Juan - Capistrano shall incorporate mitigation measures identified in the WDR to reduce potential significant impacts to water quality and potential public nuisance that are due to the treatment or discharge of waste. _ b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant Impact. The project proposes to replace an existing water pipeline. The project would not have the potential to substantially deplete groundwater supplies or - interfere with groundwater recharge. Potential dewatering activities associated with construction would be short-term in nature, and would not substantially affect the groundwater table. The project would not have the capacity to increase the amount of water consumed regionally - through increased withdrawals from groundwater sources. Implementation of the proposed Initial Study/Environmental Checklist Page 28 February 2006 ' CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA ' project is consistent with the City's Water Master Plan. Less than significant impacts are anticipated to occur. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion orsiltation on-oroff-site? Less Than SignificantImpact. Replacement of the existing pipeline with a 12 inch pipeline would not result in alteration to the existing drainage pattern of the surrounding area. Additionally,the proposed project would not result in erosion or siltation. No alterations to absorption rates will occur since no impermeable surfaces are proposed to be introduced by the proposed project. No significant changes in drainage patterns associated with the proposed project are anticipated to occur. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? Less Than Significant ' Impact. Refer to Response 4.8(c), above. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?Less Than Significant Impact. Construction of proposed improvements is not anticipated to result in minor changes in the amount of runoff since the project will not alter the amount of impermeable surface area within the project site. Therefore,the proposed project would not have the capacity to create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of water. f) Otherwise substantially degrade water quality? Less Than Significant Impact. Discharges from the proposed project would consist of non-point and point source pollution, typical of construction projects. The non-point source pollution is anticipated to consist of hazardous materials associated with construction equipment and minor erosion. However,the construction equipment will be staged outside of the creek, and standard Best Management Practices(i.e., sandbags,silt fences,etc.)shall be implemented during project activities. Therefore impacts to 1water quality are not anticipated. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?No Impact. The 1 proposed project does not include the construction of housing. Therefore, no flood related impacts would occur. h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows?No Impact. No structures are proposed as part of the project. Refer to Response 4.8c and Response 4.8d, above, for additional discussion. ' i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Significant Impact. ' As previously stated, the project does not propose any new housing or building structures within the 1 00-year flood plain. However,as previously mentioned above, under Section 4.6, Geology and Soils)the project area could be subject to ground shaking from various earthquakes due to its proximity to the various fault zones. Ground shaking during a major earthquake on any of the regionally active or potentially active faults may cause damage to the proposed pipeline, resulting in temporary loss of fire flow pressure, and/or nominal downstream flooding. Adherence with the current UBC design criteria relative to seismic events would reduce impacts to less than significant levels. Initial Study/Environmental Checklist Page 29 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA j) Inundation by seiche, tsunami, or mudflow? No Impact. There are no anticipated impacts to the proposed project from seiche, tsunami or mudflow, as no topographical features or waterbodies capable of producing such events occur within the project site vicinity. — Potentially. Less Than Less Than No Significant Signffidant Significant Impact Impact Impact With impact — Mitigation Incorporation 4.9 LAND USE:AND PLANNING-Would the project: a) Physically divide an established ❑ ❑ ❑ X community? — b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project(including, but _ not limited to the general plan, specific ❑ ❑ ❑ X plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental — effect? c) Conflict with any applicable habitat conservation plan or natural community ❑ ❑ ❑ X — conservation plan? a) Physically divide an established community? No Impact. The proposed project will consist of the construction of a 12-inch HDPE pipeline to replace the existing eight-inch DIP pipeline. The proposed project will not have an impact on the physical arrangement of an established community. Therefore, no impacts are anticipated to occur. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?No Impact. California Government Code Section 53091 states that the location and construction of facilities related to the production, storage, and transportation of public water supplies are exempt from local planning zoning ordinances. Therefore,no impacts — would occur in this regard. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. Refer to Response 4.4(f)above,which concludes the project would not conflict with any habitat conservation plan Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact Mitigation — Incorporation 4.10 MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ X Initial Study/Environmental Checklist Page 30 February 2006 CITY OF SAN JUAN CAPISTRANO—PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA ' Potentially Less Than Less Than No Significant. Significant Significant Impact Impact Impact With Impact Mitigation Incorporation b) Result in the loss of availability of a locally- important mineral resource recovery site ❑ ❑ ❑ X delineated on a local general plan,specific plan or other land use plan? a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?No Impact. The City's General Plan and Title 9, Land Use Code would not permit any mineral extraction on, or within the vicinity of the project site. Therefore, the project would have no Impact. b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Refer to Response 3.10a, above. ' Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact Mitigation Incorporation 4.11 NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or ❑ X ❑ ❑ noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or ❑ ❑ X ❑ groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity ❑ ❑ ❑ X ' above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the ❑ X ❑ ❑ project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport, would the ❑ ❑ ❑ X project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people ❑ ❑ ❑ X residing or working in the project area to excessive noise levels? a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant With Mitigation. The proposed project would create a short-term impact in terms ' Initial Study/Environmental Checklist Page 31 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA of construction noise. Noise generated by construction and demolition equipment, including trucks, drill rigs and other equipment, may temporarily impact nearby sensitive receptors. The closest sensitive receptors are residential uses located approximately 600 feet to the south of — the project site. According to the City's General Plan, these residential uses are designated as Medium High Density Residential(3.5 to 8 d.u./acre). The primary source of construction noise would occur from the HDD activities. Sensitive uses in the area are the residences located _ along San Juan Creek Road,located approximately 200 feet south of the southern drilling pit. It is anticipated that the drilling would be done from the north side to the south side. This would cause a majority of the noise generating activities to occur on the north-drilling pit (i.e., construction mobilization, rigging, etc.)which is approximately 650 feet north of the residences along San Juan Creek Road. Table 4.11-1,WORST CASE CONSTRUCTION NOISE LEVELS, illustrates the worst-case noise levels that could be perceived during peak construction activities. Table 4.11-1 Worst Case Construction Noise Levels HDD North Pit(650 Backhoe(1) 88 feet from residences) Mud Recycling System (1) 88 100.5 Bore/Drill Rig 1 100 HDD South Pit(200 Backhoe(1) 88 88 feet from residences Combined Noise Levels perceived at the residences along San Juan 80 2 Creek Road Hams, Cyril, Handbook of Noise Control and Measurement, 1979. 1 -The inverse square law for the change in noise between any two distances due to spherical spreading can be calculated as follows: dB2=dB1 +20 Logl0(D1/D2). For this equation,dB1 is the noise level at distance D1, and dB2 is the noise level at distance D2. As illustrated in Table 4.11-1, below, the worst-case peak construction noise levels that would be perceived during combined construction activities at the north and south pits would be 80.2 — d BA. Pursuant to the City's Construction Noise Ordinance, construction activities will be limited to daytime hours for the duration of construction. In addition,all vehicles and equipment will use available noise suppression devices and be equipped with mufflers during construction _ activities. Due to the restricted hours, equipment restrictions, and relatively short period of construction, noise resulting from construction and demolition related activities is not considered a significant impact. Mitigation Measures: N.1 Construction activity associated with the project shall be restricted to the hours of 7:00 — a.m. to 6:00 p.m. on Monday through Friday, and from 8:30 a.m. to 4:30 p.m. on Saturday. Construction is prohibited at any time on Sunday or a Federal holiday.Prior to beginning construction, the site supervisor shall brief all equipment operators on the — construction hour restrictions. N.2 All construction and drilling equipment shall use available noise suppression devices and properly maintained mufflers. All internal combustion engines used at the project site shall be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment shall be maintained in good mechanical condition so as to _ minimize noise created by faulty or poorly maintained engine, drive-train and other components. Initial Study/Environmental Checklist Page 32 February 2006 ' CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA ' N.3 During all site preparation, contractors shall minimize the unnecessary idling of equipment in the vicinity of residential land uses. NA The equipment staging area shall be situated so as to provide the greatest distance separation between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. N.5 Notification shall be given to residences within three-hundred (300) feet of planned construction activities at least fourteen (14) and not more than thirty(30) days prior to I commencement of construction activity, and shall include a brief description of the project, the overall duration of the various construction stages, noise abatement measures that will taken, and the name and phone number of the construction site supervisor or his designee to report any violation of a noise or mitigation standard. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ' levels? Less Than Significant Impact. The amounts of construction required for the pipeline replacement is not anticipated to generate excessive groundborne vibrations or noise levels. Additionally, this Project is not anticipated to include pile-driving activities; therefore, ground bome vibration is not expected to occur. Due to the temporary nature of construction activities, impacts in this regard are considered to be less than significant. Also, refer to discussion 4.11a, above. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. Due to the nature and scope of the proposed project a permanent increase in the ambient noise level in the project vicinity would not occur. ' d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant With Mitigation. As noted above, the implementation of the proposed project may result in short-term increased noise levels within the project vicinity due to construction activities. This would be a temporary condition, which would Cease upon project completion and is subject to the City's noise mitigation guidelines. However, over the short-term, the project would create a substantial, temporary increase in ambient noise resulting from construction and drilling equipment. Mitigation Measures: Refer to mitigation measure N.1 through N.5, above. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. As previously stated,the proposed project is not located within two miles of a public airport or public use airport. The nearest airport, John Wayne-Santa Ana, is located about 20 miles northwest and given the project's distance from that airport, no impacts are anticipated. f) For a project within the vicinity of a private airstrip,would the project expose people residing or 1 working in the project area to excessive noise levels?No Impact. The proposed project site is not located within the vicinity of a private airstrip and would not expose people residing or working in the project area to excessive noise levels. Initial Study/Environmental Checklist Page 33 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact Mitigation Incorporation 4:12 POPULATION AND HOUSING—Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ ❑ ❑ X — indirectly(for example,through extension of roads or other infrastructure)? b) Displace substantial numbers of existing — housing, necessitating the construction of ❑ ❑ ❑ X replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of ❑ ❑ ❑ X replacement housing elsewhere? a) Induce substantial population growth in an area, either directly(for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact. The purpose of the proposed project is to replace an existing pipeline as a preemptive measure to protect against the breakage of the unearthed pipeline and to ensure continued service to the residents of San Juan Capistrano. No impacts to population and housing. b) Displace substantial numbers of existing housing,necessitating the construction ofreplacement housing elsewhere? No Impact. The purpose of the proposed project is to replace an existing pipeline. The project would not displace any existing housing, and therefore would not — necessitate the construction of replacement housing elsewhere. c) Displace substantial numbers of people, necessitating the construction ofreplacement housing _ elsewhere? No Impact. Refer to Response 4.12a and 4.12b, above. Potentially Less Than Less Than No Significant Significant. Significant Impact Impact Impact With Impact Mitigation Incorporation _ 4.13 PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with _ the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance _ objectives for any of the public services: 1. Fire protection? ❑ ❑ ❑ X 2. Police protection? ❑ ❑ ❑ X _ 3. Schools? ❑ ❑ ❑ X 4. Parks? ❑ ❑ X ❑ Initial Study/Environmental Checklist Page 34 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact Mitigation Incorporation 5. Other public facilities? ❑ ❑ ❑ X a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: r1) Fire protection?No Impact. Proposed project implementation would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities. The proposed project would provide a reliable source of water in the project area. This is considered a positive project impact. No adverse impacts are anticipated in this regard. 2) Police protection? No Impact. There are no significant impacts related to police protection or service anticipated with implementation of the proposed project. 3) Schools?No Impact. Implementation of the proposed project would not result in the need for the construction of additional school facilities. Therefore, no impacts will occur in this regard. 4) Parks? Less Than Significant Impact. Implementation of the proposed project will not permanently affect any existing park facilities or increase the demand for additional recreational facilities. The entrance of the directional drilling will occur within the adjacent Cook Cordova Park. The activities within the park will occur during construction activities, will be short term, and will cease upon project completion. Therefore, less than significant impacts to parks are anticipated as a result of this project. 5) Other public facilities? No Impact. No significant impacts to other public facilities are anticipated to occur with project implementation. Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact Mitigation Incorporation 4.14 RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that ❑ ❑ ❑ X L substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which ❑ ❑ ❑ X might have an adverse physical effect on the environment? a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occurorbe Initial Study/Environmental Checklist Page 35 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA accelerated? No Impact. Implementation of the proposed project does not have the capacity to generate an increase in demand to existing neighborhood/regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. — No impacts are anticipated in this regard. b) Does the project include recreational facilities or require the construction or expansion of _ recreational facilities which might have an adverse physical effect on the environment? No Impact. Implementation of the proposed project is not anticipated to create significant physical effects on the environment. In addition, refer to impact discussion under Response 4.14a, above. Potentially Less Than Less Than No Significant Significant Significant Impact - Impact Impact Wlth Impact Mitigation Incorporation 4.15 TRANSPORTATIONITRAFFIC—Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the ❑ X ❑ ❑ number of vehicle trips, the volume to _ capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by ❑ ❑ ❑ X the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, — including either an increase in traffic levels ❑ 11 El X or a change in location that results in substantial safety risks? — d) Substantially increase hazards due to a design feature (e.g., sharp curves or ❑ ❑ ❑ X dangerous intersections) or incompatible uses (e.g.,farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ X f) Result in inadequate parking Capacity? ❑ ❑ ❑ X _ g) Conflict with adopted policies, plans, or programs supporting alternative ❑ 11 El X transportation (e.g., bus turnouts, bicycle racks)? a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system(i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less Than Significant Impact With Incorporation of Mitigation Measures. A minor increase in vehicular trips from construction crews arriving at and leaving the site would occur as a result of — construction activities for the proposed project.Additionally,as the pipe approaches the exit pit it will extend into San Juan Creek Road before being pulled back through the pilot hole. This will require closure of traffic on the southbound lanes of San Juan Creek Road. These anticipated impacts to traffic would be minor and cease upon completion of project construction however,a detailed Traffic Management Plan(TMP)will be prepared by a registered Civil Engineer prior to construction of the proposed project. The TMP will delineate all lane closures, provisions to _ Initial Study/Environmental Checklist Page 36 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA tmaintain access to adjacent residential properties, and provisions for pedestrian and bicycle transportation, and permitted hours of construction activity. With implementation of the TMP, less the significant impacts are anticipated. Mitigation Measures: TRF 1. A Traffic Management Plan(TMP)shall be prepared to address short-term mitigation for roadways and shall be subject to City approval prior to demolition or construction of any facilities. This plan shall consist of prior notices, adequate sign-postings, detours, phased construction and temporary driveways where necessary. The Plan shall specify implementation timing of each plan element(prior notices, sign-postings, detours, etc.) as determined appropriate by the Water District Engineer. Adequate ' access to and from residential areas shall be provided at all times. Proper detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction activities shall not interfere with any emergency response of evacuation plans. Construction activities shall proceed in a timely manner in an effort to reduce impacts. b) Exceed, either individually or cumulatively, a level ofservice standard established by the county congestion management agency for designated roads or highways? No Impact. Refer to Response 4.15a, above. Furthermore,the minor increase in traffic would not measurably alter the intersection capacity utilization (ICU) or Highway Capacity Manual (HCM) values for intersections in the project vicinity. Consequently, the project would have no impact. c) Result in a change in air traffic patterns, including either an increase in traffic levels ora change in location that results in substantial safety risks? No Impact. Due to the nature and scope of the proposed project, project implementation would not have the capacity to result in a change in air traffic patterns. ' d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. No public roadways are proposed as part of the project, therefore, no impacts regarding design features or incompatible uses would occur. The proposed project would use an access point within the Cook Cordova Park. e) Result in inadequate emergency access? No Impact. Adequate emergency access shall be provided during both short-term construction and long-term operation of the proposed project as required to meet Orange County Fire Authority(OCFA)standards. Impacts are not anticipated to be significant. f) Result in inadequate parking capacity? No Impact. Due to the location and nature of the proposed project, no impacts in regards to parking would occur. An adequate staging area will be provided for short-term construction equipment. No impacts are anticipated in this regard. g) Conflict with adopted policies,plans,or programs supporting alternative transportation(e.g., bus turnouts, bicycle racks)? No Impact. Project implementation would not conflict with adopted policies, plans,or programs supporting altemative transportation. Impacts are not anticipated in this regard. Initial Study/Environmental Checklist Page 37 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact _ Mitigation Incorporation 4.16 UTILITIES AND SERVICE SYSTEMS- Would the project: — a) Exceed wastewater treatment requirements of the applicable Regional Water Quality ❑ ❑ ❑ X Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the ❑ ❑ ❑ X - construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of ❑ ❑ ❑ X which could cause significant environmental effects? — d) Have sufficient water supplies available to serve the project from existing entitlements ❑ ❑ ❑ X and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate ❑ ❑ ❑ X capacity to serve the project's projected demand in addition to the provider's existing commitments? — f) Be served by a landfill with sufficient permitted capacity to accommodate the ❑ ❑ X ❑ project's solid waste disposal needs? — g) Comply with federal, state, and local statutes and regulations related to solid ❑ ❑ X ❑ waste? a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. Improvements associated with the proposed project are not of the scope or nature to exceed wastewater treatment requirements of the Regional Water Quality Control Board (RWQCB). Therefore, no significant impacts would occur. b) Require or result in the construction of new wateror wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. Due to the nature and scope of the proposed project, project implementation would not require or result in the construction of wastewater treatment facilities (refer to Response — 4.16a, above). Implementation of the proposed project consists of the replacement of water distribution facilities. Implementation of recommended mitigation measures established bythis Initial Study would serve to reduce potentially significant environmental impacts associated with — the construction and operation of the water distribution and supply facilities to less than significant levels. However, the implementation of the proposed project would not require the construction of"other"new water facilities(e.g.additional reservoir(s), main(s),valve(s)orwater distribution lines)that would result in impacts. Consequently,the projectwould have no impacts of this type. Initial Study/Environmental Checklist Page 38 February 2006 ' CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA rc) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?No Impact. Due to the nature and scope of the proposed project, project implementation would not require or result in the expansion of existing storm water drainage facilities. Therefore, impacts are anticipated to be less than significant. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. No new or expanded entitlements would be required with implementation of the proposed project. No impacts are ' anticipated. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. The project would create no demand for wastewater treatment capacity and therefore, would have no impact. ' f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?Less Than Significant Impact. The demolition of the existing pipeline ' would result in a minor increase of solid waste to be disposed. This increase is not of a significant amount and would therefore not impact current landfill conditions. Impacts are not anticipated to be significant in this regard. g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. Refer to Response 4.16f, above. ' Potentially Less Than Less Than No Significant Significant Significant Impact Impact Impact With Impact Mitigation Incorporation 4.17 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or 1 wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or ❑ ❑ X ❑ animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively 1 considerable?("Cumulatively considerable" means that the incremental effects of a ❑ ❑ X ❑ project are considerable when viewed in connection with the effects of past projects, the effects of other current projects,and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse ❑ X ❑ ❑ effects on human beings, either directly or indirectly? Initial Study/Environmental Checklist Page 39 February 2006 CITY OF SAN JUAN CAPISTRANO—PUBuc WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA The following findings have been made, regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines, based on the results of this environmental assessment: _ a. The proposed project would not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish orwildlife species, cause a fish orwildlife population to _ drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major proceeds of California history or prehistory. b. The proposed project would not have impacts that are individually limited, but cumulatively considerable ("cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other — current projects, and the effects of probable future projects). Given the relatively small scale of the project, project-related cumulative impacts are not considered significant. c. The proposed project would not have environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly, following implementation of recommended mitigation measures. Construction-related activities are anticipated to have _ some minor,temporary impacts, however potential long-term impacts would be reduced to less than significant levels through implementation of required mitigation measures. Initial Study/Environmental Checklist Page 40 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA 5.0 DETERMINATION: (To be completed by the Lead Agency) Based on this Initial Study, the City has determined that the project, as modified to include the mitigation measures identified in the Initial Study, would not have a significant effect on the environment and proposes to adopt a Mitigated Negative Declaration. Such determination can be made only if"there is no substantial evidence in light of the whole record before the Lead Agency" ' that such impacts may occur(section 21080(c), Public Resources Code). On the basis of this initial evaluation: [] I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. [x] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on ' an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [] I find that the proposed project MAY have a significant effect(s)on the environment,but at lease one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially ' significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ' [] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects(a) have been analyzed adequately in an earlier EIR pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 1 Signature: �'✓YVLU a xY1 IA(� Date: 1a0� Printed Name: Ms. Amy Amirani Director of Public Works For: City of San Juan Capistrano ' Initial Study/Environmental Checklist Page 41 February 2006 ' CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA 6.0 REFERENCES ' LEAD AGENCY/APPLICANT: Ms. Amy Amirani, Public Works Director ' City of San Juan Capistrano 32450 Paseo Adelanto San Juan Capistrano, CA 92675 iCONSULTATION: A. Federal, State, and Other Local Agencies: United States Fish & Wildlife Service (USFWS) U.S. Army Corps of Engineers (ACOE) California Department of Fish & Game (CDFG) B. City of San Juan Capistrano Amy Amirani, Public Works Director ' Eric Bauman, Water Engineering Manager Joe Mankawich, Associate Engineer William Ramsey, AICP, Principal Planner ' ENVIRONMENTAL CONSULTANT: RBF Consulting 14725 Alton Parkway Irvine, CA 92618 Mr. Michael Marquis, Project Engineer Mr. Bruce Grove, Environmental Assessor Ms. Stephanie Melton, Environmental Analyst Mr. Eddie Torres, Environmental Analyst Mr. Richard Beck, Environmental Analyst The following references were utilized during preparation of this Initial Study: Biological Resources Report, San Juan Creek Pipeline Replacement, LSA Associates, October 2005. California Environmental Resources Evaluation System website, http://ceres.ca.gov. CEQA Air Quality Handbook, South Coast Air Quality Management District. April 1993. City of San Juan Capistrano General Plan, May 7, 2002. City of San Juan Capistrano Water Master Plan Update,AKM Consulting Engineers, March 2004. County of Orange General Plan, 1995-1996. Cultural Resource Assessment, San Juan Creek Pipeline Replacement, LSA Associates, October 11, 2005. Department of Conservation. California Geological Survey website, www.consrv.ca.gov. Regional Comprehensive Plan and Guide (Regional Mobility Chapter), SCAG, May 1995. RMional Mobility Element(RME), SCAG, June 1994. Initial Study/Environmental Checklist Page 42 February 2006 CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS DEPARTMENT SAN JUAN CREEK WATERLINE CROSSING REPLACEMENT AT VIA ESTENAGA Southern California Earthquake Center website, www.scecdc.scec.org/faultmap.html. Summary of Geotechnical Boring to Evaluation Conditions for Estenaga Undercrossing, San Juan Capistrano, California, Lawson &Associates Geotechnical Consulting, Inc., July 17, 2005. The Thomas Guide. Orange and Los Angeles Counties Street Guide and Directory. Thomas Brothers Map, 2003. — USGS 7.5-Minute Maps of Dana Point, California. United States Geological Survey, photorevised 1975. Initial Study/Environmental Checklist Page 43 February 2006 ' APPENDIX 7.1 - BIOLOGICAL RESOURCES REPORT i 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 ' BIOLOGICAL RESOURCES REPORT SAN JUAN CREEK PIPELINE REPLACEMENT ' SAN JUAN CAPISTRANO, ORANGE COUNTY 1 1 1 1 LSA 1 ' December 2005 1 1 r ' BIOLOGICAL RESOURCES REPORT r SAN JUAN CREEK PIPELINE REPLACEMENT ' SAN JUAN CAPISTRANO, ORANGE COUNTY 1 r Submitted to: RBF Consulting 14725 Alton Parkway ' Irvine, California 92618-2027 1 Prepared by: LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine,California 92614-4731 (949)553-0666 LSA Project No. RBF541 1 LSA December 2005 1 ' LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 1005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY ' TABLE OF CONTENTS INTRODUCTION..................................................................................................................................................I STUDYAREA LOCATION.................................................................................................................................i PROJECTDESCRIPTION....................................................................................................................................6 METHODS............................................................................................................................................................6 FINDINGS.............................................................................................................................................................7 SUMMARY OF PROJECT-RELATED IMPACTS AND MITIGATION.........................................................11 REFERENCES.....................................................................................................................................................12 ' FIGURES Figure 1: Location MapFigure 2: Study Area MapFigure 3a: Site Photos.............................................2 Figure 2: Study Area MapFigure 3a: Site Photos...................................................................................3 Figure3a: Site Photos.............................................................................................................................4 Figure3b: Site Photos.............................................................................................................................5 Figure 4: Potential Jurisdictional Areas................................................................................................10 APPENDICES A: SUMMARY OF SPECIAL-STATUS AND SPECIAL-INTEREST SPECIES POTENTIALLY PRESENT IN THE STUDY AREA B: VASCULAR PLANT SPECIES OBSERVED C: ANIMAL SPECIES OBSERVED r PARBF541\Delivered 12-06-05\Biolkeport.doc 02106105u 1 rLSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY ' INTRODUCTION ' The City of San Juan Capistrano (City) is proposing to install a new 12-inch pipeline approximately 30 feet below the ground surface (bgs) of San Juan Creek using directional drilling construction methods. RBF Consulting(RBF)is preparing the engineering studies and preliminary environmental information for the project. RBF has retained LSA Associates, Inc. (LSA)to conduct an assessment of biological and wetland resources associated with the proposed San Juan Creek Pipeline Replacement project. This biological resources report includes: (1) a description of existing conditions in the study area, (2)results of records search and potential for occurrence of special-interest and special-status species ' in the study area, (3) an assessment of potential jurisdictional waters and wetlands within the study area, and(4)an analysis of potential project impacts to biological resources and a discussion of mitigation that may be required. The information provided in this report is based on a reconnaissance- level field survey of the site. Focused surveys for special-interest species and wetlands delineation r were not performed for this analysis. This information is provided for review of the proposed project as part of the engineering analysis and ultimately under the California Environmental Quality Act (CEQA), State and federal Endangered Species Acts, and other pertinent regulations. r STUDY AREA LOCATION r The study area crosses a portion of San Juan Creek east of La Novia Avenue,between Ortega Highway(SR-74) and San Juan Creek Road in the City,Orange County,California.The study area consists of two replacement pipeline tie-in locations,the replacement pipeline route, and the existing pipeline location.The tie-in on the north side of the creek is located at the southeast comer of Cook Cordova Park, south of the intersection of Via Estenaga at Calle Arroyo. Equipment staging and drilling will be located at the northern tie-in location.The southern tie-in is located on the north shoulder of San Juan Creek Road opposite Paseo Christina.The replacement pipeline route will connect the two tie-in locations across San Juan Creek and will be installed with horizontal directional drilling(HDD) equipment at a depth of 30 feet below the creek bed. The portion of the ' exposed existing pipeline is approximately 20 feet in length and located entirely within the active channel of San Juan Creek near the north bank.The existing pipeline will not be removed as part of the project. The study area is bordered by equestrian stables, Cook Cordova Park, and residential r development to the north and a passive recreation park, San Juan Creek Road, and residential development to the south. r The study area is at an elevation of approximately 120 feet above mean sea level, is located in Township 8 South, Range 7 West, in the northwest quarter of Section 5 on the San Juan Capistrano quadrangle of the United States Geological Survey (USGS) 7.5-minute series topographic map. Please refer to Figure 1, Location Map, Figure 2, Study Area Map, and Figures 3a and 3b, Site rPhotos. 1 r ' ?ARBF541\1)e1ivered 12-06-05\BioReport.doc(,12/06/05,) 1 V 10 If,4 ILI am )n Study Are r IA .7w, r J I Project Vicinity 'A,., L........... J > J Wbsi K _-np Kk�4 m Study Area t, San Diego7' _17 �13 7 LS A LzGXND FIGURE I 0] Project Location SAN JUAN CREEK PIPELINE REPLACEMENT o ll000 2,000 Feet Project Location SOURCE:USGS 7.5'QUAD-SAN JUAN CAPISTRANO('SI p CALIF. I:\rbf541\gis\Figl.md (10/04/05) IF- y . �. .� Via Estenega Creek Crossing Replacement ! EI 125 5' , Begin 600' Replacement connect to existing Begin 550' R acemenk 1 GYeek low point.; , I 'taf6us'.555 EL.106 , Y End 550' /• Replacement; •• . ' EI. 135+F 5 •/ End 600' . Replacement ••/ v ' m. /. 1� • ia m m•x • / CrOleW0 09tSft L S A LEGEND FIGURE 2 .• - Study Area for Biological Resources N o®o San Juan Creek Pipeline Replacement PEST Study Area Map I:\nBF541\0\Smdy Ama.cdr(10/11/05) � :=Jfe�P � k it ✓ � _;:ab?, �-F'�,_ _ '. f Looking Northern tie-in I'o�cation in Cook - z,r R.-. .a Ccrd'ova ark. LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY _ PROJECT DESCRIPTION — During the heavy winter storms of January 2005,a portion of the existing eight-inch ductile iron pipeline was exposed by erosion within the San Juan Creek channel. The pipeline is an active domestic water service line. The City is proposing to abandon the existing pipeline and install a new 12-inch high-density polyethylene(HDPE)pipeline. The City proposes to use HDD, a trenchless construction method,to reduce potential adverse impacts to San Juan Creek. The proposed project entails the installation of a 12-inch HDPE pipeline across San Juan Creek at an elevation approximately 30 feet bgs.The exposed portions of the existing pipeline will remain in place. The proposed northern tie-in location is located within the Cook Cordova Park. All access, drilling operations, and equipment staging on the northern side of the creek will occur within the Park. The — proposed southern tie-in is located within a bike path adjacent to San Juan Creek Road. All access and equipment staging on the south side of the creek will occur within the roadway, outside of the San Juan Creek channel. _ METHODS Records Search A records search was conducted by LSA Associates, Inc. (LSA)to assist in determining the existence _ or potential occurrence of special-interest and special-status plant and animal species in the study area and vicinity. Current database records for the San Juan Capistrano USGS 7.5-minute series quadrangle were examined using the California Department of Fish and Game's (CDFG)RareFind 3 and the California Native Plant Society's (CNPS)Electronic Inventory of Rare and Endangered Vascular Plants of California(6th ed., electronic version 1.5.2). For the purpose of this report, special-status species are those species that are federally and/or State — listed as endangered or threatened,proposed for listing, candidate, or fully protected species; special- interest species are those listed as species of concern by the California Department of Fish and Game or those found on CNPS watch lists. LSA biologists reviewed the results of the records search, -. augmented or deleted the information as appropriate for the study area, and evaluated the potential for occurrence of each species in the study area. A summary of special-interest and special-status plant species identified in the records search and their potential for occurrence in the study area are _ presented in Appendix A. Field Survey A reconnaissance-level field survey was conducted by LSA biologists Nicole Quinlan and Ingri Baroni on October 3, 2005,to evaluate the area for the presence of potentially suitable habitat for _. special-interest and special-status species identified in the literature review and to assess the area for the potential presence of jurisdictional waters and wetlands. The entire study area was surveyed on foot. LSA biologists recorded the overall character of the site,plant and animal species observed, and _ potential jurisdictional/wetland areas. P:aBF541\Delivered 12-06-05\13ioReporl.doc<412/06/05» 6 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY ' FINDINGS ' Vegetation The study area consists of four habitat types: southern willow riparian forest,mulefat scrub, disturbed ' areas, and ornamental landscaping. Southern willow riparian forest is located within and adjacent to the creek channel and is dominated by large,mature,Goodding's willow (Salix gooddingii),arroyo willow (Salix lasiolepis), and mulefat (Baccharis salicifolia). Other less prevalent species occurring in this vegetation community include sandbar willow (Salix exigua),broad-leaved cat-tail (Typha latifolia), white water-cress(Rorippa nasturtium-aquaticum),peppergrass(Lepidium sp.),poison oak (Toxicodendron diversilobum), and coast live oak(Quercus agrifolia var. agrifolia).Ruderal (exotic and/or invasive) species observed within this habitat include arundo (Arundo donax), shortpod ' mustard (Hirschfeldia incana), and pampas grass(Cortaderia selloana). The quality of the riparian forest habitat is considered good, and cover by exotic and/or invasive species is not dominant. Mulefat scrub habitat is present along the southern portion of the creek adjacent to San Juan Creek Road and is dominated by mulefat less than 15 feet in height. Other less prevalent species occurring within the mulefat scrub habitat include California sagebrush (Artemisia californica),poison oak, coastal prickly pear(Opuntia littoralis), and elderberry(Sambucus mexicana). The channel bottom is ' primarily sandy and appears dynamic, as evidenced by large sand bars within the channel. Flowing water was observed within a low-flow channel near the north bank of the creek, in the area of the proposed pipe removal. Disturbed areas within the study area consists of paths,roads, and trails for ' equestrian and recreational use that border and traverse the creek channel. Disturbed areas are primarily unvegetated with scattered occurrences of Russian-thistle (Salsola tragus) and shortpod mustard.The ornamental landscaping within the study area is located within the park and consists primarily of turf and mature trees.Trees observed within the park include eucalyptus(Eucalyptus sp.), California sycamore (Platanus racemosa),white alder(Alnus rhombifolia), and Lombardy poplar(Populus nigra 'Italica). A complete list of plant species observed is presented in Appendix B. ' The records search identified a total of eight special-interest and one special-status plant species as potentially present in the study area. The special-status species identified in the records search is thread-leaved brodiaea (Brodiaea filifolia), which is not expected to occur within the study area due to lack of vernal pools, grasslands, and mesic meadows. Of the eight special-interest plant species identified in the records search,only the southern tarplant (Centromadia parryi ssp. australis)has a ' reasonable probability of being present in the study area. While there is suitable habitat on site in the disturbed areas adjacent to the creek,this species was not observed during the reconnaissance field survey of the area conducted on October 3, 2005. This species would have been detected if present because local populations of this species were known to be in flower during the time of the survey. No special-interest or special-status plant species were observed within the study area during the field surveys, and none are expected to occur due to lack of suitable habitat. Therefore,project impacts to special-interest and special-status plant species are considered less than significant, and no mitigation ' is required. A summary of special-interest and special-status plant species identified in the records search and their potential for occurrence in the study area are presented in Appendix A. ' Southern riparian forest and mulefat scrub are considered sensitive natural communities according to the California Department of Fish and Game(CDFG). RBF expects that the HDD construction method chosen for this project will completely avoid surface impacts within the San Juan Creek ' channel and banks. The only vegetation that will be removed as part of the project is the turf in the ' PARBF541\Delivered 12-06-05\BioReport.doc«12/06105» 7 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 20DS SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY park,which is not a sensitive biological resource. Therefore,because no riparian vegetation will be removed as part of the project, impacts to sensitive natural communities are considered less than significant, and no mitigation is required. Wildlife Several wildlife species commonly associated with the habitat types identified within the study area were observed during the field reconnaissance surveys conducted on October 3, 2005. Overall, 1 fish, 1 reptile, 18 bird, and 6 mammal species were observed or otherwise detected in the study area.A complete list of vertebrate and butterfly species observed or detected is provided in Appendix C. The records search identified nine special-interest and five special-status animal species potentially present in the study area. The five species currently listed as federal or State threatened or endangered include tidewater goby (Eucyclogobius newberryi), arroyo toad (Bufo californicus), coastal California gnatcatcher(Polioptila californica californica), least Bell's vireo (LBV) (Vireo bellii pusillus) and southwestern willow flycatcher(SWWF) (Empidonax traillii extimus).The tidewater goby is not expected to occur in the study area due to the lack of brackish lagoons and because the area is not within the known range of the species.The arroyo toad has a moderate probability of occuring in the study area, as suitable breeding habitat is present in the open water areas of the creek bed and the species is known from one mile upstream. The coastal California gnatcatcher is not likely to occur as a nesting species because of the lack of coastal sage scrub within adjacent upland habitat. Suitable — habitat for the LBV and SWWF is present in the willow riparian forest within the creek and adjacent banks. LBV has a moderate probability of occurrence and SWWF has a low probability, as the species is not known in the area. — The HDD construction method proposed by the City would span the entire width of San Juan Creek at an elevation approximately 30 feet bgs, and no surface impacts would occur within the creek. _ Equipment access, staging, and drilling operations would occur within Cook Cordova Park on the north side of the creek and adjacent to San Juan Creek Road to the south.No riparian vegetation will be removed as part of the project, and pipeline removal and drilling activities are not likely to directly impact nesting LBV or SWWF. Excessive noise generated by construction and demolition equipment could potentially indirectly impact nesting LBV and SWWF, if present, in the adjacent riparian habitat. Maximum construction noise is estimated to be approximately 92 dBA at 50 feet from the source. In addition, all vehicles and equipment will use available noise suppression devices and be — equipped with mufflers during construction activities. This level of noise is not likely to adversely affect the nesting activity of these riparian bird species. Therefore,because no riparian vegetation will be removed as part of the project, and excessive noise is not expected, potential impacts to LBV and — SWWF are considered less than significant,and no mitigation is required. Because the proposed project will not impact riparian vegetation and will not result in surface impacts within San Juan Creek, focused surveys for LBV and SWWF are not required. _ The arroyo toad, a federally listed endangered species and a State species of special concern, has a low to moderate potential to occur as a breeding species within the San Juan Creek channel. This _ portion of the San Juan Creek was formerly proposed critical habitat for the arroyo toad(USFW S 2004). However,the area was excluded in the final rule for arroyo toad critical habitat on April 13, 2005 (USFWS 2005). As described above,no surface impacts to the San Juan Creek channel are expected because of the HDD construction method to be utilized. No work will occur within the PARRF541\Delivered 12-06-05\BioRepon.doe a12/06/05n 8 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY ' channel itself Therefore,because no riparian vegetation will be removed as part of the project and no disturbance of the creekbed will occur as part of the project,potential impacts to the arroyo toad are considered less than significant, and no mitigation is required. Because the proposed project will not impact riparian vegetation and will not result in surface impacts within San Juan Creek, focused surveys for the arroyo toad are not required. Mature trees in the Cook Cordova Park could provide habitat for nesting birds.Destruction of active nests for most avian species is prohibited by the federal Migratory Bird Treaty Act. In addition,the loss of an active raptor nest would be considered a violation of California Fish and Game Code Section 3503.5.No trees within the park are expected to be removed as part of project construction, and impacts to migratory birds are considered less than significant.No mitigation is required. Potential Jurisdictional Areas ' A preliminary assessment of potential jurisdictional waters/wetlands was conducted during the reconnaissance-level survey of the study area conducted on October 3, 2005, although a comprehensive wetland delineation was not performed. United States Army Corps of Engineers ' (Corps)jurisdiction likely extends between the observed ordinary high water mark(OHWM) within San Juan Creek, and CDFG jurisdiction likely includes all of the riparian habitat within the channel. While a jurisdictional delineation of the project area was not performed for the study area, it is likely that the Corps criteria for wetlands were satisfied in some areas and that Corps jurisdiction extends out to the canopy of the riparian vegetation as well. A small concrete v-ditch and storm drain located within Cook Cordova Park could potentially be considered jurisdictional by the regulatory agencies ' (Figure 4). According to preliminary engineering plans, it appears that the points where the proposed water line would tie in to the existing line would be above and outside potential jurisdictional limits. According to the project engineer,the installation of the water line will not include any work or ' discharge within the San Juan Creek channel itself and will not disturb the existing v-ditch and storm drain. Therefore,the construction of the water line would not impact jurisdictional areas and would not be subject to agency jurisdiction.However, any changes in the alignment, installation method, or final design of the water line should be reviewed for consistency with this finding. Any impacts within the channel or potential jurisdictional limits would be subject to regulations of the various agencies (i.e., Corps, Regional Water Quality Control Board [RWQCB], CDFG,County of Orange). ' Although drilling will be 30 feet bgs, there is potential for surface breaks (also called frac-outs) caused by the drilling under the channel.The contractor should have a contingency plan to implement remedial measures along with necessary clean-up equipment(vacuum truck,materials,and ample ' lengths of hose)on site in case of a frac-out during construction. As a precaution,protective measures, such as silt fences, should be implemented near the location of the proposed tie-in locations to prevent any incidental discharge of fill, debris, or other material into San Juan Creek. A qualified biological monitor should be present during all work immediately adjacent to riparian habitat to ensure that no surface disturbance occurs within the creek and that no riparian vegetation is affected. Also, since the Corps and CDFG make the final determination with regard to their respective jurisdictions, LSA recommends obtaining concurrence of its findings from these agencies before ' beginning work in the area.Implementation of a contingency plan for remedial measures in the event of a frac-out,protection at tie-in locations for accidental discharge of fill or debris and monitoring during construction will reduce potential impacts to jurisdictional areas to less than significant levels. ' PAREIF54RDelivered 12-06-0"ioaeport.doc«12/06/05» 9 Via Estenega Creek Crossir,, Replacemen iEI 125+f 5 ¢ +{ Begin 6w Replacement connect to existing 550 ' tedus 555 E ow point 1 End 550' ! y R�lecemer', �•� • . 135+/-6 ' •® 600' . Replacemen •. 2..'�O. `•' t o�s Comedto'eidTstt ... S A LEGEND FIGURE 4 •• - Study Area for Biological Resources N - Limit of Potential Corps jurisdiction o 75 150 - Limit of Potential CDFG jurisdiction ® San Juan Creek Pipeline Replacement FEET Potential Jurisdictional Areas LVtBF541\GVurisdictional Areae.cdr(10/11/05) I b I I I I t I I I I I I i I i I I I LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY The proposed project is not expected to impact jurisdictional areas, special-interest, or species-status ' plant and animal species and as such is not required to obtain permits from the regulatory agencies. However, the City may chose to obtain authorization from the regulatory agencies for the proposed work, as a precautionary measure,to identify methods to mitigate unanticipated impacts if they occur. The City may wish to obtain the following authorizations prior to the beginning of construction: (1) a ' Corps Section 404 Permit, (2)an RWQCB Section 401 Water Quality Certification, (3)a CDFG Section 1602 Streambed Alteration Agreement, and(4)ESA authorization through Section 7 consultation between USFWS and the Corps. SUMMARY OF PROJECT-RELATED IMPACTS AND MITIGATION Vegetation No special-interest or special-status plant species were observed within the study area during the field ' surveys, and none are expected to occur due to lack of suitable habitat.Therefore,project impacts to special-interest and special-status plant species are considered less than significant, and no mitigation is required. ' Southern riparian forest and mulefat scrub are considered sensitive natural communities, according to the CDFG. RBF expects that the HDD construction method chosen for this project will completely avoid surface impacts within the San Juan Creek channel and banks.No work will occur within the channel itself.Therefore,because no riparian vegetation will be removed as part of the project, potential impacts to sensitive natural communities are considered less than significant, and no mitigation is required. Wildlife ' Because the project does not involve the removal of any riparian vegetation and noise levels in the project area are not expected to exceed 92 dBA,the project is not likely to impact LBV and SWWF, if present within the study area during construction. Because no work is proposed within the ' creekbed,the project is not likely to impact the arroyo toad if present within the study area during construction. Potential impacts to special-interest and special-status wildlife species are considered less than significant, and no mitigation is required. Because no trees will be removed as part of the ' project,potential impacts to migratory birds are also considered less than significant, and no mitigation is required. ' Potential Jurisdictional Areas The San Juan Creek and associated riparian habitat in the study area are likely under the jurisdiction of the Corps and CDFG. A small v-ditch and storm drain could also be considered jurisdictional by the regulatory agencies.The HDD construction method chosen for this project will completely avoid surface impacts within the San Juan Creek channel and banks because the points where the proposed water line would tie in to the existing line would be above and outside potential jurisdictional limits. According to the project engineer, the installation of the water line will not include any work or discharge within the channel itself and will not disturb the existing v-ditch and storm drain. No work ' will occur within the channel itself, and no discharge or alteration of the channel is anticipated. ' PARBF541\Delivered12-06-05\13ioReport.doc«12/06/05D 11 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY Potential impacts to jurisdictional areas would occur if a frac-out from drilling or accidental discharge of sediment or debris occurred at the tie-in locations. A contingency plan to implement remedial -- measures in the event of a frac-out and protective measures at tie-in locations to prevent accidental discharge of fill or debris and biological monitoring during construction will reduce potential impacts to jurisdictional areas to less than significant levels. _ The proposed project is not expected to impact jurisdictional areas, special-interest, or species-status plant and animal species and as such,permits from the regulatory agencies are not required.However, _ the City may choose to obtain authorization from the regulatory agencies for the proposed work, as a precautionary measure, to identify methods to mitigate unanticipated impacts if they occur. REFERENCES California Department of Fish and Game,Natural Heritage Division,Natural Diversity Data Base (CNDDB). 2003.RareFind III, Version 3.0.3. The Resources Agency, Sacramento, California. California Native Plant Society. 2003.Inventory of Rare and Endangered Vascular Plants of California. Rare Plant Scientific Advisory Committee,David P. Tibor, Convening editor. _ Sacramento, California. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical — Report Y-87-1. U.S. Army Engineer Waterways Experiment Station,Vicksburg,Mississippi. Hickman, J. C., ed. 1993. The Jepson Manual:Higher Plants of California. University of California — Press, Berkeley and Los Angeles, California. Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. _ Non-Game Heritage Program,California Department of Fish and Game, Sacramento,California. Roberts,F. M. 1998. A Checklist of the Vascular Plants of Orange County, California. F.M. Roberts Publications. Encinitas, California. United States Fish and Wildlife Service. 2005. Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Arroyo Toad (Bufo californicus). April 13,2005. PARB14541\Delivered 12-06-05�BioReport.doc 812/06/051 12 ' LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT D E CEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY APPENDIX A ' SUMMARY OF SPECIAL-STATUS AND SPECIAL-INTEREST SPECIES POTENTIALLY PRESENT IN THE STUDY AREA 1 P:\RBF541\Delivered 12-06-05\BioReport.doc vl2/06/05» W W M w M W » m m � w Now = W � W r r LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY Summary of Special-Status and Special-Interest Species Potentially Present in the Study Area ACTIVITY PERIOD IN OCCURRENCE SPECIES' STATUS HABITAT AND DISTRIBUTION IN CALIFORNIA CALIFORNIA PROBABILITY PLANTS Ampler coulter US:— Perennial herb of alkaline or clay soils in ocean bluffs and March through Low.Habitat lacking on CA:SP ridgetops and alkaline low places in coastal bluff scrub, October site.Species not observed. Coulter's salthush CNPS: 1B coastal dunes,Coastal sage scrub,and valley and foothill grasslands below 460 meters(1,500 feet)elevation.In California,known only from Los Angeles,Orange, Riverside,Santa Barbara,San Bernardino,and San Diego Counties. Brodiaea frlifolia US:FT Clay,loamy sand,or alkaline soils;open grasslands at April through lune Low.Habitat lacking on CA: SE edges of vernal pools or floodplain. Below 1,220 meters site;typically occurs near Thread-leaved brodiaea CNPS: 1B (4,000 feet)elevation.Los Angeles,Orange,Riverside, veinal pools and in mesic and San Diego Counties;known from about 20 locations. meadows and grasslands. Calochortus weedu var. US:— Rocky areas in hills with annual grassland and Coastal June through July Low.Habitat lacking on intermedius CA:SP sage scrub; 180 to 855 meters(600 to 2,800 feet) site.Typically occurs in CNPS: 113 elevation.Los Angeles,Orange,and Riverside Counties. thin,clay soils over rocky Intermediate mariposa lily areas,often in coastal sage scrub,chaparral,and grassland habitat. Centromadia parry asp. US:— Margins of marshes and swamps,vernal pools.Often in May through Low-Moderate. Suitable australis CA:SP disturbed sites near the Coast,also in alkaline soils with November habitat on site;however, CNPS: 1 B saltgrass;below 1,500 feet elevation. species not observed Southern tarplant despite local population in flower. Dudleya blochmaniae ssp. US:— Dry rocky or stony places below 450 meters(1,500 feet), May through June Low.Habitat and/or soil blochmaniae CA:SP often on serpentine annual grassland and coastal sage lacking on site.Not within CNPS: 1B scrub.Coastal areas from Ventum County south to Baja typical known range for Blochman's dudleya California. species.Typically occurs in thin,clay soils over rocky areas in coastal sage scrub habitat. Dudleya multicaulis US:— Often on clay soils,also around granitic outcrops in May through July Low.Habitat and/or soil CA:SP chaparral,Coastal sage scrub,and grassland;below 790 lacking on site.Typically Many-stemmed dudleya CNPS: IB meters(2,600 feet)elevation.Los Angeles,Orange, occurs on ridges with thin, Riverside,San Bernardino,and San Diego Counties. clay soils over rocky areas in Coastal sage scrub habitat. P:kRBF541\De1iwred 12-06-05N3ioRepon.doc 42/06/05B A-1 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 1005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY ACTIVITY PERIOD IN OCCURRENCE SPECIES' STATUS HABITAT AND DISTRIBUTION IN CALIFORNIA CALIFORNIA PROBABILITY Hordeum intercedens US:— Annual herb found in Coastal dunes,coastal sage scrub, March through June Low.Habitat lacking on CA:SP valley and foothill grassland(saline flats and depressions), site;typically occurs in Vernal barley CNPS:3 and vernal pools in Los Angeles,Orange,Riverside,Santa vernal pools. Barbara,San Diego,and Ventura Counties.Found at elevations 5 to 1,000 meters 20 to 3,300 feet). Sidalcea neomexicaw US:— Perennial herb of alkaline springs and marshes below Blooms March Low.Habitat and/or soils CA:SP 1,530 meters(5,000 feet)elevation. In California,known through June lacking on site. Salt spring checkerbloom CNPS:2 only from Los Angeles,Orange,Riverside,Santa Barbara, San Bernardino,and Ventura Counties. Tetracoccus dioicus US:— Dry,stony slopes in chaparral and coastal sage scrub; Year-round Low.Habitat and/or soils CA:SP Orange,Riverside,and San Diego Counties and Baja lacking on site. Parry's tetracoccus CNPS: IB California;from 165 to 1,000 meters(500 to 3,300 feet) elevation. INVERTEBRATES Eucyclogobius newberryi US:FE Brackish water habitats along the California Coast from Year-round Low.Habitat lacking on CA:CSC Agua Hedionda lagoon(San Diego County)to the mouth site.Not within typical Tidewater goby of the Smith River(Del Norte County).Found in shallow known range for species. lagoons and lower stream reaches. Gila orcutti US:— Perennial streams or intermittent streams with permanent Year-round Low-Moderate. CA:CSC pools;slow water sections of streams with mud or sand Arroyo chub substrates;spawning occurs in pools.Native to Los Angeles,San Gabriel,San Luis Rey,Santa Ana,and Santa Margarita River systems;introduced in Santa Ynez, Santa Maria,Cuyama,and Mojave River systems and smaller Coastal streams. AMPHIBIANS Bufo californicus US:FE Washes and arroyos with open water,sand or gravel beds; March through July Low to Moderate.Suitable CA:CSC for breeding,pools with sparse overstory vegetation. breeding habitat is present Arroyo toad Coastal and a few desert streams from Santa Barbara in San Juan Creek.Species County to Baja California. is not known from the immediate area,but is known to occur approximately one mile upstream in San Juan Creek. Spea(=Scaphiopus)hammondii US:— Grasslands and occasionally hardwood woodlands; October through Low.Habitat lacking on CA:CSC requires vernal pools(persisting for at least three weeks) April(following site. Western spadefoot for breeding;burrows in loose soils during dry season; onset of winter Central Valley and foothills,Coast ranges,inland valleys rains) MR13F5410clivered 12-06-051BioReport.dm a12/O6/05D A-2 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 2005 SAN JUAN CREEK PIPE LINK REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY ACTIVFIV PERIOD IN OCCURRENCE SPECIES[ =STATUS HABITAT AND DISTRIBUTION IN CALIFORNIA CALIFORNIA PROBABILITY to Baja California. REPTILES Aspidoscelis hyperythra US:— Prefers chaparral,coastal sage scrub,juniper woodland, March through July, Low-Moderate.Habitat beldingi CA:CSC and oak woodland from sea level to 915 meters(3,000 with reduced activity marginal,but potential for feet)elevation;inland and coastal valleys of Riverside, August through species occurrence on site. Belding's orange-throated Orange,and San Diego Counties to Baja California. October Species not observed whi tail during Survey. Aspidoscelis tigris stejnegen US:— Wide variety of habitats including Coastal sage scrub, April through Low-Moderate.Habitat CA:SA sparse grassland,and riparian woodland;coastal and August marginal,but potential for Coastal western whiptail inland valleys and foothills;Ventura County to Baja species occurrence on site. California. Species not observed during survey. BIRDS Aimaphila mficeps canescens US:— Steep,rocky coastal sage scrub and open chaparral Year-round;diurnal Low.Habitat is lacking. CA:CSC habitats,particularly scrubby areas mixed with grasslands. activity Southern California rufous- From Santa Barbara County to northwestern Baja crowned sparrow California. Campylorhynchus US:— Inhabits coastal sage scrub,nesting almost exclusively in Year-round(non- Low.Habitat(cactus brunneicapillua sandiegensis CA:CSC thickets of cholla(Opuntia prolifera)and prickly pear migratory) patches)lacking on site. (Opuntia linoralis and Opuntia orlcola);typically below San Diego cactus wren 150 meters(500 feet)elevation. Found in Coastal areas of Orange County and San Diego Counties and extreme northwestern Baja California,Mexico. Pohoptila califonuca US:FT Inhabits coastal sage scrub in low-lying foothills and Year-round Low.Habitat generally cafornica CA:CSC valleys in cismontane southwestern California and Baja unsuitable on site. California,Mexico. Adjacent,suitable upland Coastal California habitat lacking. natcatcher Vireo bellii pusillus US:FE Riparian forests and willow thickets.Breeds and nests April through Moderate-High.Habitat CA:SE only in southwestern California;winters in Baja September suitable.Known from the Least Bell's vireo California. area. Bells trOul"exttmus US:FE Breeds and nests in riparian forest with dense understory. May through Low.Suitable riparian CA:SE Rare and local in Southern California September forest present,but species Southwestern willow not known to occur in this flycatcher area Note.The U.S.Fish and Wildlife Service(USFWS)has recently revised its classification system for candidate taxa(species,subspecies,and other taxonomic designations),as described below. 1 Species identified from literature sources as potentially occurring in the project vicinity. P:UiBF5411Delivered 12-06-05tBioRcpon.doc ol2/06/05N A-3 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 2005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY LEGEND US:Federal Classifications FE Taxa listed as Endangered. FT Taxa listed as Threatened. FPE Taxa proposed to be listed as Endangered. FPT Taxa proposed to be listed as Threatened. Certain species formerly designated as"Category 1"(C 1)and a few"Category 2"(C2)candidates for federal listing are now known as "Candidate."Refers to taxa for which the U.S.Fish and Wildlife Service(USFWS)has sufficient information available to support a proposal to C list as Endangered or Threatened. Issuance of the proposal(s)is expected,but precluded at this time. Species formerly designated as"Category I"(CI)or"Category 2" (C2)candidates for federal listing;not designated presently as"Candidate" r• species,these Cl and C2 designations have been discontinued by the USFWS.The State now refers to these taxa as"Species of Concern." OR Species considered to be extinct. Former federal candidate for listing as Endangered or Threatened,but which is not believed by the Service to represent a distinct taxa meeting the C3b Endangered Species Act's definition of a"species." Species taxonomically invalid. Former federal candidate for listing as Endangered or Threatened,but which has been determined by the Service to be too widespread and/or not C3c threatened at this time. CA:State Classifications SE Taxa State-listed as Endangered. ST Taxa State-listed as Threatened. SR Taxa Stato-listed as Rare. SCE State Candidate(Endangered). SCT State candidate(Threatened). California Species of Special Concern. Refers to taxa with vulnerable or seriously declining CSC populations. Special Animal. Refers to taxon of concern to the Natural Diversity Database regardless of its SA legal or protection status. Special Plant Refers to taxon of concern to the Natural Diversity Database regardless of its legal SP or protection status. P:\RBF541\Delivered 12-06-051BioReporl.doc ol2/06/05), A4 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY r APPENDIX B tVASCULAR PLANT SPECIES OBSERVED The following vascular plant species were observed in the study area by LSA biologists Nicole Quinlan and Ingri Baroni during site surveys conducted on October 3, 2005. * Introduced, nonnative species ANGIOSPERMAE: DICOTYLEDONAE DICOT FLOWERING PLANTS tAnacardiaceae Sumac Family Malosma laurina Laurel sumac Rhus ovata Sugar bush * Schinus molle Peruvian pepper tree * Schinus terebinthifolius Brazilian pepper tree Toxicodendron diversilobum Poison oak Asteraceae Sunflower Family Ambrosia psilostachya Western ragweed Artemisia californica California sagebrush Baccharis pilularis Coyote bush Baccharis salicifolia Mulefat * Chrysanthemum coronarium Garland chrysanthemum Conyza canadensis Common horseweed Gnaphalium californicum California everlasting Betulaceae Birch Family Alnus rhombifolia White alder Brassicaceae Mustard Family Lepidium sp. Peppergrass Cactaceae Cactus Family Opuntia littoralis Coastal prickly pear Caprifoliaceae Honeysuckle Family Sambucus mexicana Mexican elderberry Chenopodiaceae Goosefoot Family Atriplex sp. Saltbush * Salsola tragus Russian-thistle Cucurbitaceae Gourd Family Marah macrocarpus Wild cucumber r PARBF541\Delivered 12-06-051BioReport.doc Al2/06/05. B-1 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 1005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY Euphorbiaceae Spurge Family * Ricinis communis Castor bean Fagaceae Beech Family Quercus agrifolia var. agrifolia Coast live oak _ Myrtaceae Myrtle Family * Eucalyptus spp. Gum Plotanaceae Sycamore Family Platanus racemosa Western sycamore Salicaceae Willow Family Populus nigra 'Italica' Lombardy poplar Salix exigua Narrow-leaved willow _ Salix gooddingii Goodding's black willow Salix lasiolepis Arroyo willow Solanaceae Nightshade Family * Nicotiana glauca Treetobacco ANGIOSPER.MAE: MONOCOTYLEDONAE MONOCOT FLOWERING PLANTS Cyperaceae Sedge Family Cyperus esculentus Yellow umbrella-sedge Poaceae Grass Family * Polypogon monspeliensis Rabbitfoot grass Typhaceae Cat-tail Family Typha latifolia Broad-leaved cat-tail Taxonomy and scientific nomenclature conform to Hickman(1993); common names from Abrams (1923, 1944, 195 1) and Abrams and Ferris (1960)were used only when species specific common names were not identified in Roberts (1998). P:URBF54 I iDeliv=d 12-06-05\13ioaeport.doc«17/06/05» B-2 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY APPENDIX C ' ANIMAL SPECIES OBSERVED This is a list of the conspicuous aerial insects,bony fishes, amphibians, reptiles,birds, and mammals noted in the study area by LSA biologists in early October 2005. Presence may be noted if a species is seen or heard, or identified by the presence of tracks, scat,or other signs. * Species not native to the study area OSTEICHTHEYS BONY FISHES Poeciliidae Livebearers * Gambusia afnis Mosquito fish REPTILIA REPTILES Phrynosomatidae Phrynosomatid Lizards Sceloporus occidentalis Western fence lizard AVES BHtDS Columbidae Pigeon and Doves * Columba livia Rock(feral)pigeon Zenaida macroura Mourning dove Trochilidae Hummingbirds Calypte anna Anna's hummingbird Picidae Woodpeckers and Allies Picoides nuttallii Nuttall's woodpecker Tyrannidae Tyrant Flycatchers Sayornis nigricans Black phoebe Myiarchus cinerascens Ash-throated flycatcher Tyrannus vociferans Cassin's kingbird Corvidae Crows and Jays Corvus brachyrhynchus American crow ' Aegithalidae Long-tailed Tits and Bushtits Psaltriparus minimus Bushtit PARBF5410elivercd 12-06-05\BioRepon.doc 812/06/05* C-1 LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 3005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY Troglodytidae Wrens Thryomanes bewickii Bewick's wren Sturnidae Starlings * Sturnus vulgaris European starling — Parulidae Wood Warblers Geothlypis trichas Common yellowthroat — Emberizidae Emberizids Pipilo crissalis California towhee — Melospiza melodia Song sparrow Icteridae Blackbirds Euphagus cyanocephalus Brewer's blackbird Molothrus ater Brown-headed cowbird Fringillidae Fringilline and Cardueline Finches and Allies - Carpodacus mexicanus House finch Carduelis psaltria Lesser goldfinch MAMMALIA MAMMALS Leporidae Rabbits and Hares Sylvilagus audubonii Desert cottontail Sciuridae Squirrels,Chipmunks, and Marmots Spermophilus beecheyi California ground squirrel Geomyidae Pocket Gophers Thomomys bottae Botta's pocket gopher Muridae Mice,Rats,and Voles — Neotoma fuscipes Dusky-footed woodrat Canidae Foxes,Wolves, and Allies Canis latrans Coyote Equidae Horses * Equus caballus Feral horse Taxonomy and nomenclature are based on the following. PARBF541\Delivered 12-06-051BioReport.doc«12/06/05» C-2 ! LSA ASSOCIATES, INC. BIOLOGICAL RESOURCES REPORT DECEMBER 2005 SAN JUAN CREEK PIPELINE REPLACEMENT SAN JUAN CAPISTRANO, ORANGE COUNTY ! Fishes: Moyle,P.B. (2002. Inland Fishes of California,second edition. University of California Press, Berkeley.). ! Amphibians and reptiles: Crother,B.I. et al.(2000. Scientific and standard English names of amphibians and reptiles of North America north of Mexico, with comments regarding confidence in our understanding.Herpetological Circular 29; and 2003 update.) for species taxonomy and nomenclature; Stebbins,R.C. (2003. A Field Guide to Western Reptiles and Amphibians, third edition,Houghton Mifflin,Boston.) for sequence and higher order taxonomy. Birds: American Ornithologists' Union(1998.The A.O.U. Checklist of North American Birds, seventh edition. American Ornithologists'Union,Washington D.C.; and 2000, 2002, 2003,and 2004 supplements.). ! Mammals: Grenfell, W.E.,Parisi,M.D. and McGriff,D. (2003. Complete list of amphibians, reptiles, birds and mammals in California. California Department of Fish and Game. ' http://www.dfg.ca.gov/whdab/pdfs/species_list.pdf). ! ! ' PARBF5410clivercd 12-06-05\BioReport.docol2J06/05* C-3 r r APPENDIX 7.2 - CULTURAL RESOURCE ASSESSMENT i r 1 r 1 i 1 i 1 1 1 CULTURAL RESOURCE ASSESSMENT 1 SAN JUAN CREEK PIPELINE REPLACEMENT CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA i 1 i i 1 1 LSA January 2oo6 i CULTURAL RESOURCE ASSESSMENT ' SAN JUAN CREEK PIPELINE REPLACEMENT ' CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA w Submitted to: RBF Consulting 14725 Alton Parkway Irvine,California 92618-2027 ' Prepared by: Phil Fulton LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine, California 92614-4731 (949) 553-0666 LSA Project No. RBF541 National Archaeological Data Base Information: Type of Stucky: Records Search, Survey Sites Recorded: None USGS Quadrangle: San Juan Capistrano, California 7.5' ' Acreage: —1.1 acres Key Words: Negative Survey LSA 1 ' January 2006 TABLE OF CONTENTS ABSTRACT........................................................................................................................................... 1 ' INTRODUCTION ................................................................................................................................. 2 SETTING............................................................................................................................................... 5 NATURAL.................................................................................................................................. 5 ' CULTURAL................................................................................................................................ 6 RECORDSSEARCH .......................................................................................................................... 12 FIELDSURVEY................................................................................................................................. 13 ' NATIVE AMERICAN CONSULTATION......................................................................................... 14 RECOMMENDATIONS..................................................................................................................... 15 REFERENCES .................................................................................................................................... 16 APPENDICES A: PROJECT PHOTOGRAPHS B: NATIVE AMERICAN CONSULTATION FIGURES ' Figure 1: Project Location ..................................................................................................................... 3 P.1RBF54 I lCultumlkAssessmem.do .01/16/06, 1 I SA AN ASSOCIATES. INC. AN GR RAL PIPELINE R PLACEMENT JANUARY 7066 SAN JUAN CROCK PIPJLINP RC PLACCMP.N'1' ' ABSTRACT ' LSA Associates, Inc. (LSA)has conducted a cultural resource assessment of the San Juan Creek Pipeline Replacement project located in the City of San Juan Capistrano, Orange County,California. ' The assessment includes a records search,Native American consultation, field survey, and report,all completed in October 2005.The purpose of the assessment has been to determine the presence of cultural resources within the proposed project area,where an exposed portion of the existing pipeline will be removed by hand and a replacement pipeline installed with horizontal directional drilling (HDD)equipment underneath San Juan Creek. ' The records search indicated that either the entire project area or portions of the project area had been previously surveyed four times and that no cultural resources have been documented within the project area. The nearest identified cultural resource is CA-ORA-243, located approximately 1,000 feet to the east. On October 4,2005,LSA initiated Native American consultation by contacting the Native American Heritage Commission (NAHC)and requesting a search of the Sacred Lands File.The reply from the NAHC dated October 20, 2005 stated that the search failed to indicate the presence of cultural resources,but recommended that eight individual s/organizations be contacted that may have knowledge or concerns regarding the project area. LSA sent letters to each on October 25, 2005. ' Follow up phone calls were made to on December 1, 2005.The results of the Native American consultation can be found in Appendix B. No cultural resources were identified during the pedestrian survey of the project area.The southern tie-in area has been completely disturbed by road construction, stream channelization, and utility construction.The project area within the San Juan Creek channel is an active fluvial environment where the presence of intact cultural deposits would not be expected. The northern tie-in area has been disturbed by construction of the park and the prior pipeline construction. Only the project area between the northern tie-in and the creek channel (approximately 50 feet)contains possibly intact sediments with the potential to contain cultural deposits.Due to the lack of any visible cultural material either on the ground surface or in the stream bank,the presence of any cultural deposits is highly unlikely.Due to the lack of cultural material and the unlikelihood that unidentified cultural deposits are present,no further archaeological work is recommended unless project plans change to include previously unsurveyed areas. In the event human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be Native American,the County ' Coroner will notify the NAHC,which will determine and notify a Most Likely Descendant(MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 24 hours of notification by the ' NAHC. The MLD will have the opportunity to offer recommendations for the disposition of the remains. P:\RBF541\CultualWssessment.doc a01/16/06» 1 "A ASSOCIATES, INC. CULTURAL RESOURCE ASSESSMENT JANUARY SSSS SAN JUAN CREEK PIPELINE REPLACEMENT INTRODUCTION RBF Consulting contracted LSA to conduct a cultural resource assessment of the San Juan Creek Pipeline Replacement project area to determine whether cultural resources are present. This assessment will be prepared in accordance with the Advisory Council on Historic Preservation regulations (revised January 11,2001)for the identification of historic properties(prehistoric or historic sites, buildings, structures,objects, or districts listed in, or eligible for listing in,the National Register of Historic Places [National Register]),as required by 36 CFR Part 800, and the regulations — implementing Section 106 of the National Historic Preservation Act of 1966, as amended (Section 106). The current project site consists of an existing eight-inch ductile iron pipe that crosses San Juan Creek. The project site is located at the southern terminus of Via Estenaga and crosses San Juan Creek in the City of San Juan Capistrano,County of Orange. The elevation of the subject site is _ approximately 120 feet above mean sea level (msl). Horse stables and a park are present at the northern edge of the project site and San Juan Creek Road,and residential uses are present to the South. Local access to the site is provided via Via Estenaga or San Juan Creek Road. During the heavy winter storms of January 2005,a portion of the existing eight-inch ductile iron pipeline was exposed by erosion within the San Juan Creek channel. The pipeline is an active domestic water service line. The City is proposing to abandon the existing pipeline and install a new — 12-inch, high-density polyethylene (HDPE)pipeline.The City proposes to use HDD, a trenchless construction method,to reduce potential adverse impacts to San Juan Creek. The proposed project entails the installation of a 12-inch HDPE pipeline across San Juan Creek at an elevation — approximately 30 feet bgs. The exposed portions of the existing pipeline will remain in place. The proposed northern tie-in location is located within Cook Cordova Park. All access, drilling operations, and equipment staging on the northern side of the creek will occur within the park. The proposed southern tie-in is located within a bike path adjacent to San Juan Creek Road.All access and equipment staging on the south side of the creek will occur within the roadway, outside of the San Juan Creek channel. The project area consists of the two replacement pipeline tie-in locations,the replacement pipeline route, and the existing pipeline location. The northern tie-in is located on the north side of San Juan Creek in a park. The area has been disturbed by grading, landscaping, and installation of the existing — pipeline. The southern tie-in is located on the shoulder of San Juan Creek Road. This area has been disturbed by road construction, stream channelization, and installation of the existing pipeline. The area to be traversed by the replacement pipeline is almost entirely within the active stream channel of — San Juan Creek, with less than 50 feet located within the northern and southern banks of San Juan Creek. The portion of the existing pipeline to be removed is located within the actively flowing portion of the San Juan Creek channel. — The project area is depicted on the United States Geological Survey(USGS)San Juan Capistrano 7.5-minute topographic quadrangle map, Township 8 South, Range 7 West, in the northwest quarter _ of Section 5, San Bernardino Baseline and Meridian (SBBM)(Figure 1). PI\RBF541\Cultum]\Assessment.doc ,01/16/06,, 2 r 10 r i 4 v r P/ 5 X Isslom Jr _12- N% 7 v" Project Vicinity J L............. 75 r 3 Study Area V, lqY ;A I L I run L S A LEGEND FIGURE I M Project Location SAN JUAN CREEK PIPELINE REPLACEMENT 2,000 Fen !!!smmm�— Project Location WOURCE: USGS 7.5'QUAD-SAN JUAN CAPISTRANO('81):CALIF. 9:\rbf.941\gis\Figi.mxd (10/04/05) LSA ASSOCIATES. INC. CULTURAL RESOURCE ASSESSMENT JANUARY 1006 SAN JUAN CREEK PIPELINE REPLACEMENT Primary project personnel include Jay Michalsky,who performed the records search; Phil Fulton, who completed the field survey and this report; and Terri Fulton, who conducted Native American — consultation. P:\RBF541\Cultum[\Assessment.doc 01/16/06, 4 LSA ASSOCIATES. INC. CULTURAL RESOURCC ASSESSMENT JANUARY 90116 SAN JUAN CREEK PIPELINE REPLACEMENT ' SETTING NATURAL ' Geology and Geomorphology The project area is located on the western flank of the Peninsular Ranges geomorphic province.This region is characterized by a series of northwesterly trending mountain ranges separated by ' northwesterly trending valleys and subparallel faults branching from the San Andreas Fault. These ranges are essentially a series of fault bounded blocks that dip gently to the west and have a steep eastern escarpment.The Peninsular Ranges extend from the tip of Baja California to the Transverse Range north of the Los Angeles Basin.The width of the Province varies from 30 to 225 miles,with a maximum landbound width of 65 miles(Sharp 1976).The Los Angeles Basin and the island group (Santa Catalina, Santa Barbara,and the distinctly terraced San Clemente and San Nicolas Islands), together with the surrounding continental shelf(cut by deep submarine fault troughs), are included in this province (California Geologic Survey 2002). The rocks of the Peninsular Ranges are typically composed of Jurassic-age medasedimentary and metavolcanic as well as Cretaceous-age igneous rocks of the Southern California batholith.These older rock units are, in turn, capped by limited ' exposures of Cretaceous to recent marine and terrestrial sedimentary deposits composed of every sedimentary rock type from clay, silt, sand, gravel, and cobbles.The primary sediment source for the geologic formations in this province is the uplifted Southern California batholith. ' Specifically,the project is located on the northern and southern banks and the channel of San Juan Creek,a perennial stream. San Juan Creek originates in the Santa Ana Mountains district of the ' Cleveland National Forest in the easternmost part of Orange County. The Arroyo Trabuco and Oso Creek are two of its main tributaries. The geology of the immediate project area consists of recent alluvial deposits containing sand, gravel, cobbles, and boulders,which have been deposited by ' San Juan Creek. Geomorphologically,the area is very active and has been subjected to periodic flooding throughout prehistory and history. Biology Jaeger and Smith (1966)noted that the climate of the project area is Mediterranean semiarid steppe ' moderated by its proximity to the coast. The Mediterranean climate is characterized by mild winters, warm springs and autumns, and hot, dry summers. Rains primarily occur in the winter and early spring. Morning fog occurs along the coastal plain and occasionally reaches the inland valleys and mountains. The project area is located within the riparian woodland biotic community. Plants in this community include white alder (Alnus rhombifolia), bigleaf maple (Acer macrophyllum), western sycamore (Platanus racemosa), black cottonwood (Populus trichocarpa), Fremont cottonwood (Populus frenmonti), several species of willow (Salix spp.), and mulefat (Baccharis salicifolia) and smaller plants such as stream orchid (Epipactis gigantea), poison oak (Toxicodendron diversilobum), ' California blackberry (Rubus ursinus), horsetails (Equisetum spp). Birds include the belted kingfisher (Megaceryle alcyon), dipper (Cinclus mexicanus), yellow-breasted chat (Icteria virens), yellow ' P:\RBF541\CultumMssessmenLdcc v01/16/06» 5 LSA ASSOCIATES, INC. CULTURAL RESOURCE ASSESSMENT JANUARY RODS SAN JUAN CREEK PIPELINE. REPLACEMENT warbler (Dendroica petechia), western flycatcher(Empidonax diicilis), song sparrow(Melospiza melodia), and house wren (Troglodytes aedon). Mammals in this community include the raccoon _ (Procyon lotor), striped skunk (Mephitis mephitis), and dusky-footed woodrat (Neotoma fuscipes). Reptiles and amphibians include the common garter snake (Thamnophis sirtalis), western pond turtle (Clemmys marmorata), southwestern toad (Bufo microscaphus), and the ensatina (Ensatina eschscholizi). Current Setting The project area currently consists of the San Juan Creek channel,which retains a fairly intact riparian woodland community, and the northern and southern banks of the streams,which have been developed and transformed from their natural condition.The project area on the northern bank has been developed into a park containing ball fields along with an equestrian trail along the levee area at the immediate bank. Adjacent properties contain equestrian stables,with residential development in the surrounding areas. South of the creek, San Juan Creek Road occupies the immediate bank area along with a bike trail. Residential neighborhoods are present south of San Juan Creek Road. CULTURAL Prehistory _ The description of an overall regional chronology demarking the major stages of cultural evolution in the Southern California area has been attempted many times. Two principal chronologies, Wallace (1955; 1978) and Warren (1968),have been revised slightly(Koerper 1981; Koerper and Drover — 1983). Southern California cultural developments occur gradually, and appear to have long-term stability; specifically applying a chronology is often difficult. These researchers have divided regional prehistory into a four-stage chronology describing changing artifact assemblages and evolving ecological adaptations.The principal chronology proposed by Wallace(1955)divides the area prehistory by major cultural changes within general prehistoric time periods. Wallace defined four cultural horizons, or periods, for Southern California: These include the Early Period,the Millingstone Period, the Intermediate Period, and the Late Prehistoric Period these periods are discussed in detail below. The Early Period covers a period between approximately 10000 and approximately 5500 BC. Artifacts and cultural activities from this time period represent a predominantly hunting culture (Wallace 1955). Although Early Period sites in Southern California are rare, Moratto(1984:76) lists — several traits characteristic of sites occupied during this period. This list includes location on shorelines of ancient lakes and marshes. In coastal areas, such sites are located along stream channels or near estuaries. Although bow and arrow do not exist,atlatl and dart are known. An array of — specialized cobble, core, flake and blade implements are also known. In certain areas,the presence of extremely large, often fluted bifaces marks the Early Period (Moratto 1984:81). Early Period artifacts have seldom been identified in Orange County. Relatively early radiocarbon dates show that two sites, ORA-195 and ORA-64 (the Irvine Site),contain Early Period components, although ORA-64 was also occupied later in time(Erlandson 1994:219). Material from ORA-64 includes shellfish from Newport Bay, leading Drover et al. (1983)to conclude that the Early Period component at ORA-64 was similar to some early site components in the San Diego region. P:\RBF541\CultuMKAssessment.doc n01/16/06,> 6 LSA ASSOCIATES. INC. CULTURAL RESOURCE ASSESSMENT JANUARY 90 0 06 06SAN JUAN CREEK PIPELINE RCPLAC P.M F.NT ' Erlandson(1994:218-221)describes several radiocarbon dated Early Period sites, including ORA- 246, ORA-339 and ORA-386, that contain quantities of the rocky open coast inhabiting mussel Mytilus californianus. It is possible that Early Period occupation will be identified at those sites exhibiting Millingstone and Intermediate Period occupation when excavation and analysis procedures ' have become more advanced. The Early Period is followed in time by the Millingstone Period. Sites from the Millingstone Period ' (post-5500 BC)typically contain groundstone artifacts such as manos, metates, and cogged stones as well as soapstone objects. Wallace suggests that Millingstone Period cultures were generally hunter-gatherers who spent much time collecting and processing plants. When bifaces are found on ' Millingstone Period sites,they are commonly large and associated with the use of the atlatl. Several Millingstone Period sites have been identified in Orange County. The best known is ORA-64, which dates to ca. 6000 BC (Erlandson 1994:219-221). Drover et al. (1983)suggest that early Millingstone Period sites represent refuse from mobile hunters and gatherers who utilized coastal resources during the winter and inland resources throughout the remainder of the year. By the late portion of the Millingstone Period, faunal remains suggest relatively permanent settlements in the ' Newport Bay area. Subsistence strategies included intensive hunting of small and large land mammals, sea mammals and birds, as well as near shore fishing and shellfish collecting. Elsewhere, small mammals were hunted and seeds were collected, as documented by the many millingstones ' found at Millingstone Period sites throughout the Orange County area. By 3000 BC,coastal populations began greater reliance on marine resources. The remains of near- shore and deep sea fish appear more often as refuse in middens. Much further inland,populations centered around pluvial lakes created by runoff from melting glaciers. In coastal areas,there was an increased use of the mortar and pestle, which marked a technological change in the manner seeds were processed. Instead of using just mano and metate, smaller seeds could be better contained in the basket like mortar or hopper mortar(basket asphalted to a mortar base), and it is possible that the mortar and pestle indicate a diversification in seed collecting strategy. The use of the mortar and ' pestle marks Wallace's Intermediate Period. Additional artifacts found predominantly within the Intermediate Period include discoidals and crescentics(crescentically shaped flaked stone artifacts). Orange County researchers have had difficulty identifying the Intermediate Period, since tool ' categories, even the mortar and pestle, occur in both earlier and later periods. As a result,few Orange County sites have been placed in this Period. The few known sites often are dated by radiocarbon or obsidian hydration methods,which have isolated the Intermediate Period materials. Intermediate Period sites identified near Newport Bay include ORA-121 (Crownover et al. 1989), ORA-1 96/H (Strudwick et al. 1996), and ORA-287 (Clevenger 1986). Two temporary camps, ORA-221/222 and ORA-226, also appear to contain Intermediate Period components(Rosenthal and Padon 1986; Mason et al. 1987). The Late Prehistoric Period begins approximately AD 500 (Bean and Smith 1978). During this ' period, artifact changes and new cultural practices occur. Smaller projectile points,representing bow and arrow hunting, appear on Late Period sites.This period is also marked by steatite effigies and by cremation as an interment practice. These artifacts and practices have been linked to a proposed ' Shoshonean (Takic) immigration from the Great Basin that ended at the coast. By AD 1000, smoking pipes and ceramic pottery occur,although ceramic smoking pipes may occur somewhat earlier,within P:\RBF541\Cultuml\Assessment.doc ,01/16/06» 7 19A ASSOCIATES. INC. CULTURAL RESOURCE AYSM.SSMENT JANIZARY 2006 SAN JUAN CREEK PIPELINE RtPLACCMENT the later portion of the Intermediate Period. Dating of sites to the Late Period also depends on the occurrence of other items such as Salton Sea(Obsidian Buttes)obsidian. Sites within the Orange _ County region occasionally contain the vitreous lithic (glassy stone)called Grimes Canyon fused shale,which originates from Ventura County(Demcak 1981; Hall 1988). Ethnography The project area is within territory ethnographically occupied by the Juanefio,with the Gabrielino _ located to the north and the Luiseno to the south. The Juanefio are considered to be a linguistically related subgroup of the Luiseno and occupy the area near San Juan Capistrano. What is known about the,Juanefio was recorded principally during the initial European land expeditions through the _ Southern California area.The reason for this is that the swift decline in native populations made it difficult even for early European explorers and inhabitants to observe endemic Southern California peoples in a natural state.This decline in native population was brought about by the inability of Native Americans to resist European diseases introduced through initial contact and the establishment of the mission system. This section describes previously published accounts of Juanefio territory, Both Sparkman (1908:188-189)and Bean and Shipek(1978:550-551)state that the Luiseno occupied the area from a point just north of San Juan Capistrano southward to the mouth of Agua Hedionda in what is now Carlsbad. Sparkman (1908:189) states that due to language differences,the group near San Juan Capistrano was not considered Luiseno by some. The subsuming of Juaneno by — Luiseho is illustrated by the inclusion of a discussion of Juanefio within a chapter on Luiseno(Bean and Shipek 1978). Rather than give an exact description of Luisefio territory, Kroeber(1925:648- 649) states that the northern and northwestern neighbors of the Luisefio are the Gabrielino and _ Juanefio. Kroeber(1925:636)states that the Juaneno were wedged in between the Gabrielino and Luisefio, and Juanefio territory ran from Aliso Creek on the north to a point between San Onofre and Las Pulgas on the coast. Rather than having a distinct language,Juaneno speech was said to be a dialect of Luisefio (Kroeber 1925:636). White(1963:104) states that the dialectical differences between the Juaneno and Luisefio "did not prevent mutual misunderstanding . . ." White(1063:104)continues that although local variations in culture between Juanefio and Luisefio may have existed, it was of a village level rather than at a tribe level, suggesting only minor differences between the two groups. Sparkman (19 08)and White(1963)argue that the Juanefio are really a subgroup of the greater Luiseno tribe. — O'Neil (1988:107, 111)also makes reference to the Juanefio being a coastal branch of the Luisefio. Merriam(1968)extends Juanefio territory northward to the Santa Ana River and Newport Bay, although this is quite a distance north when compared with previous territory descriptions. These — previous descriptions suggest major similarities between the Luiseno and Juaneno,perhaps as an initial stage of cultural evolution in the formation of a new language and tribal group. In any event, major similarities existed between the Luisefio and Juaneno groups, much less than the differences in _ language and custom between the Luisefio and Gabrielino. The name "Gabrielino"describes those native groups living in what is now the Los Angeles and Orange County areas and was given due to the affiliation of these groups with Mission San Gabriel Arcangel. Linguistically,the Gabrielino as well as the Luisefio and Juaneno is a Cupan language in the Takic family, which is part of the Uto-Aztecan (formerly Shoshonean) linguistic stock that once extended across the Great Basin region of Utah,Nevada, and California (Bean and Shipek 1978:550; Bean and Smith 1978:538; McCawley 1996:2-3). In California,the northernmost members of this P:\RBF541\CUI1um1\AsSCSsment.doc ,01/16/06), 8 ' LSA A930CIATES, INC. CULI'URAI. RP.S01)RCE ABRESSMRNI' JANUARY RIIUR SAN JUAN CREEK PIP EL NE REPLAC E MP.NT stock are the Mono,while the Chemehuevi are the easternmost,the Cahuilla are the southernmost, and the Luisefio were the southwesternmost California members(Kroeber 1925). These languages have elsewhere been referred to as Southern California Shoshonean. The name Luiseno has been applied to those native people living within the "ecclesiastical jurisdiction of Mission San Luis Rey . . . [who shared] an ancestral relationship which is evident in their cosmogony,and oral tradition,common language,and reciprocal relationship in ceremonies" (Oxendine 1983:8). The term Juaneno describes those native people who were missionized into ' Mission San Juan Capistrano and who inhabited the northernmost portion of Camp Pendleton. Much of the existing ethnohistoric information about the Juaneno is derived from accounts about the Luiseno(Kroeber 1925; White 1963). ' The Gabrielino, Luiseno, and Juaneno were hunters and gatherers who used both inland and coastal food resources. They hunted and collected seasonally available food resources and led a semisedentary lifestyle,often living in permanent communities along watercourses and near coastal ' estuaries. Commonly chosen habitation sites included rivers, streams, sheltered coastal bays and estuaries, and the transition zone marking the interface between prairies and foothills(McCawley 1996). The presence of water, a stable food supply, and some measure of protection from flooding ' were the most important factors relating to the location of habitation sites. Gabrielino and Luisefio communities located in the interior regions maintained permanent geographical territories or use areas that averaged 30 square miles, although it is likely that coastal settlements,where food resources may ' have been more plentiful and more easily available throughout the entire year, occupied less acreage (White 1963:117, 119;Oxendine 1983:44). ' In addition to permanent settlements, native groups occupied temporary campsites used seasonally for hunting, fishing, and gathering plant foods and shellfish (White 1963:120-124; McCawley 1996:25). Rabbit and deer were the most commonly hunted animals,while acorns, buckwheat, chia, berries,and fruits were some of the more commonly collected plant foods.Acorns were the staple food of most ' indigenous Californians(Kroeber 1925:84)and were the most characteristic feature of the domestic economy of native California(Gifford 1936:87). Fully 25-50 percent of inland Luiseno food is thought to have been acorns (White 1963:116, 121). Among the inland Luisefio, land use was ' patterned with only a small quantity of total territory in disuse(White 1963:122). The Gabrielino established seasonal camps along the coast and near estuaries and bays, such as Newport Bay, in order to fish, gather shellfish, and hunt waterfowl (White 1963:122; Hudson 1971). The economy of ' coastal groups is thought to have focused on marine rather than land resources(White 1963:119). Boscana(1978:65) describes the permanence of Juaneno villages in the following passage: ". . . in the winter they resided in one place, and in summer another.This was general among them, excepting in the case of those tribes located on the sea-coast who seldom moved because their maintenance was derived from the sea."This suggests that inland villages were seasonal,while coastal villages may ' have been occupied permanently, since their food source was more dependable. Native culture in coastal Southern California was characterized by an active and elaborate system of rituals and ceremonies. Rituals included individual rites of passage, village rites, seasonal ceremonies, ' and participation in the widespread Chinigchinich cult(variant spellings, Kroeber 1925; McCawley 1996). The cult of the culture hero Chinigchinich was observed and recorded by Franciscan missionary Father Ger6nimo Boscana during his residences at Missions San Luis Rey(1811-1814) and San Juan Capistrano(1814-1826)and describes the rich and complex cosmology and rituals practiced at the time(Boscana 1978; Harrington 1934). ' P:\aBF541\CulturaMsSessment.doc 1,01/16/06. 9 I'SA ASSOCIATES. INC. CULI'URAL RESOURCE ASSESSMENT JANUARY 2006 SAN JUAN CREEK PIPELINE REPLACEMENT History Spanish Mission Period (1769-1821).The Historic Period In Southern California is generally accepted to commence with the establishment of Mission San Diego De Alcala, first and southernmost of the Alta California Missions, on July 16, 1769(Lowman 1993:2, 5). The seventh mission founded in Alta California was Mission San Juan Capistrano,established on November 1, — 1776, in Juaneiio territory(Lowman 1993:9). In 1778,Mission San Juan Capistrano was moved to its present location in order to take advantage of a more dependable water supply. Engelhardt(1998) disputes that there ever was an old mission site,based on Font's description of the area during Anza's — trek to San Diego in 1776(see Font 1913:43-45 for a description of the journey). While the location of the old mission is unknown, its name is not. The lands occupied by the old mission have been anglicized as Mission Viejo(Sleeper 1988).The San Juan Capistrano mission land holding was _ extensive in order to support itself and its Indian converts. The mission lands stretched 13-14 leagues north to south and 3-4 leagues east to west. The mission ranchos included Rancho Santa Ana,Rancho San Joaquin,Rancho Mission Viejo,Rancho Trabuco, and Rancho San Mateo(Bancroft 1966; Englehardt 1998). The Rancho San Mateo is specifically named by the mission fathers due to encroachment on their lands by the Mission San Luis Rey to the south. Englehardt(1998:88)quotes a report from the mission fathers that mentions the San Mateo rancho as being about three leagues southeast of San Juan Capistrano. However, the Mission San Luis Rey placed their own mission's Rancho San Ondfrio within one-half league of San Mateo, apparently on lands of San Juan Capistrano.The mission's Rancho San Mateo should not be confused with a later Mexican grant in northern California with the same name. The mission used the land for crops and cattle.This land was to be turned over to the Indians as a pueblo and was thus held in trust by the Church for the benefit of the natives (Robinson 1979). The missions recruited neophytes,native converts, to settle on land close to the mission. Local native villages, rancherias,were thus incorporated into the mission — system. The Franciscans' goal was to convert the Native Americans to Christianity and incorporate them into — Spanish society. The local natives could learn metallurgy, plant and animal domestication,and European building construction methods. Europeans learned how and where indigenous people lived and gathered information about native life as well as ceremonial and ritual practices. Occasionally, this information was recorded, and it is from these early records that comes much of what we now know concerning native life. Ultimately, Spanish colonization resulted in the destruction of native culture and society. Two important factors that contributed to this decline included (1)the removal of the youngest, healthiest and most productive natives from their traditional communities and their placement into the mission system, and (2)the introduction of highly infectious diseases, which eventually led to epidemics and — reduced birth rates. As a result,traditional Native American communities were depopulated and the survivors integrated into local Mexican-American communities. Mexican Rancho Period (1821-1848). In 1821, Mexico gained independence from Spain, and in 1848, the United States formally obtained California. The period from 1821 to 1848 is here referred _ to as the Mexican Rancho Period. During this period,there was a change from the subsistence agriculture of the Spanish Mission Period to livestock husbandry of the large ranches, or ranchos, acquired by Mexican citizens through grants or by purchase from mission administrators. This change was even more distinct after 1833-1834, when mission secularization occurred. P:\RBF541\CulturaMssessment.doc ,01/16/06a 10 L.SAAN ASSOCIATES. INC. AN CR EK RESOURCE ASSESSMENT JANUARY ]00G SAM JUAN CREEK PIPELINE 0.EPLACEN INT In 1833, 12 years after gaining independence from Spain,the Mexican government's Secularization ' Act changed missions into civil parishes, and those natives who had inhabited areas adjacent to a Spanish Period mission were to obtain half of all mission possessions including land. However, this did not occur in most instances, and the Secularization Act resulted in the transfer of large mission tracts to politically prominent individuals rather than to local natives. Econonomic activities centered on cattle ranching on the numerous expansive"ranchos"that had been created out of the mission lands. ' The 1840s saw increased tension between the United States and Mexico. Finally, in 1846,war was declared between these two countries. By 1847,the United States had established control of California. The Treaty of Guadalupe Hidalgo formally ended hostilities. American Period (1848—Present). Following the end of hostilities between Mexico and the United States,the United States officially obtained California in the Treaty of Guadalupe Hidalgo on February 2, 1848 (Cleland 1962:xiii). In 1850, California was accepted into the Union of the United States,mainly due to the population increase created by the Gold Rush of 1849. In the years ' immediately following the United States' acquisition of California,the cattle industry reached its greatest prosperity.Mexican Period land grants had created large pastoral estates in California,and a high demand for beef during the Gold Rush led to a cattle boom that lasted from 1849 to 1855. In 1855,however,the demand for California beef began to decline as a result of sheep imports from ' New Mexico, cattle imports from the Mississippi and Missouri Valleys, and the development of stock breeding farms. When the beef market collapsed, California ranchers were unprepared. Many had borrowed heavily during the boom, mortgaging their land at interest rates as high as 10 percent per ' month. The collapse of the cattle market meant that many of these ranchos were lost through foreclosure, while others were sold to pay debts and taxes(Cleland 1952:108-114).Nature also conspired to force economic change. During the winter of 1861-1862, a disastrous series of floods, ' followed by two years of drought, occurred in California(Cleland 1952:130-131). As during the previous Mission Period, cattle ranching continued to be a highly profitable enterprise, ' especially for several years following the California Gold Rush of 1849,due to the massive influx of immigrants (Cleland 1952:102-108; Liebeck 1990:2-3). The drought of the 1860s was a turning point in the economic history of Southern California. The era ' of the great cattle ranchos ended, and many of the landowners who survived the collapse of the cattle industry were forced to sell their property due to the drought. ' The immediate project vicinity remained undeveloped grazing and agricultural land until recent years, when expansion of the City of San Juan Capistrano up San Juan Canyon created housing developments in the areas surrounding the project. ' P:\RBF541\CultumKAssmment.dm-01/16106» 11 1.SA ASSOCIATES, INC. CULTURAL RP.4OURCP. ASSESSMENT JANIZARY 311116 SAN JUAN CREEK PIPELINE. REPLACEMENT RECORDS SEARCH On October 5, 2005, a records search was completed at the South Central Coastal Information Center located at California State University, Fullerton;the search included a review of all recorded historic and prehistoric archaeological sites within a one-half mile radius of the project area, as well as a review of known cultural resource survey and excavation reports.In addition,the California State Historic Resources Inventory(HRI),which includes the National Register of Historic Places(NRNP), California Historical Landmarks(CHL),California Points of Historical Interest(CPHI), and various local historic registers were examined. The records and literature search indicated that the project area has been previously surveyed and that no cultural resources have been documented within the project area. Within the one-half-mile records search radius, 2 archaeological sites, 9 prehistoric isolates,3 historic buildings, and 1 historic road (Ortega Highway)have been recorded, and 19 cultural resource investigations have been conducted. _ The nearest site, CA-ORA-243, is located approximately 1,000 feet east of the project area.Five previous reports have examined either the entire or portions of the project area, four of which are surveys. The results of the records search are summarized below in Table A and the complete records search results are included in Appendix A: Records Search Results. Table A: Records Search Summary Sites Isolates Built Environment Reports — CA-ORA-243 30-100169 30-176615 ORS CA-ORA-]155H 30-100170 30-176622 OR9 30-100171 30-176750 OR14 30-100172 OR 1204' 30-100173 OR 1215' 30-100174 OR1237 30-100175 OR 1694 30-100176 OR1962 30-100177 OR2287 OR250 — OR291 OR330 OR381 I OR536 OR794 OR835 OR914 — OR944 OR974 Denotes surveys that investigated all or part of the project area. P'.\RBF541\CU1tUM1\ASSeSSMCnt,dM 41116N6» 12 LSA ASSOCIATES. INC. CULTURAL RESOURCE ASSF.SSMEN'1' JANUARY 1006 SAN JUAN CREEK PIP,LI NE REPLACEMENT t ' FIELD SURVEY On October 3, 2005,LSA archaeologist Phil Fulton conducted a pedestrian survey of the project area. The northern and southern tie-in locations,the replacement pipeline route, and the existing pipeline ' route were all intensively examined by walking the area at a maximum of 5-meter intervals. The banks of San Juan Creek were closely examined for indications of buried cultural material. Photographs of the project area can be found in Appendix B: Project Photographs. ' No cultural resources were identified during the survey.Due to the extensive disturbance that has occurred at the northern and southern tie-in locations,the active stream channel where the majority of ' the project is located, and the depth of the replacement pipeline installation,there is very little potential for unidentified buried resources to be present. 1 1 1 ' P:\RBFi41\CultumKAssessment.doc I,01/16/06» 13 LSA ASSOCIATES. INC. CULTURAL RESOURCE ASSESSMENT JANUARY 2006 SAN JUAN CREEK PIPELINE REPLACEMP.MP NATIVE AMERICAN CONSULTATION On October 4, 2005, LSA initiated Native American consultation by contacting the Native American Heritage Commission(NAHC)and requesting a search of the Sacred Lands File. The NAHC reply dated October 20, 2005, stated that the search failed to indicate the presence of Native American cultural resources but recommended that eight individuals/organizations be contacted that might have knowledge or concerns regarding the project area. Letters were sent to each of these by LSA on October 25,2005. Follow-up phone calls were made on December 1, 2005. Of the eight — individuals/organizations contacted, five identified the project area as sensitive for cultural resources and recommended monitoring, one had no concerns but requested notification if cultural resources were discovered during construction, and two could not be reached at the phone number provided by the NAHC. The results of the Native American consultation are included in Appendix B. P:\RBF541\Cu11umJ\Assessment.doc e01/16ft), 14 LSA ASSOCIATES. INC. CULTURAL RESO0IRCE ASSESSMENT JANUARY 5006 SAN JUAN CREEK PIPELINE REPLACE M ENT ' RECOMMENDATIONS ' No cultural resources were identified by the records search or during the pedestrian survey of the project area. The vast majority of the project area is below the active stream channel of San Juan ' Creek,while the northern and southern tie-ins are located within a graded, landscaped park and on the disturbed shoulder of San Juan Creek Road, respectively. In addition,the tie-in locations have been disturbed by construction of the existing pipeline. Only a small segment of the project extending from the northern tie-in to the San Juan Creek channel (a maximum distance of 50 feet)has the potential to contain intact sediments,which in turn could contain intact cultural deposits. However, no cultural material was observed either on the ground surface or in the bank of San Juan Creek in this area, so the likelihood of any intact cultural deposits being present within this very limited.area is unlikely. ' Based on the lack of cultural resources within the project area and the lack of potential for previously unidentified cultural resources to be present, no further management for cultural resources in recommended. ' In the event human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and ' disposition pursuant to Public Resources Code Section 5097.98.The County Coroner must be notified of the find immediately. If the remains are determined to be Native American,the County Coroner will notify the NAHC, which will determine and notify an MLD. With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 24 hours of notification by the NAHC. The MLD will have the opportunity to offer recommendations for the disposition of the remains. 1 ' P'ARBF541TultumlWssessment.doc 41/16)06)> 15 LSA ASSOCIATES, INC. CULTURAL RESOURCE ASSESSMENT JANUARY 3006 SAN JUAN CREEK PIPELINE REPLACEMENT REFERENCES Bancroft, Hubert Howe 1966 History of California,Volume 11. In The Works of Hubert Howe Bancroft, VolumeXlX. Originally published in 1886 by The History Company Publishers, San Francisco. Facsimile reprint by Wallace Hebberd, Santa Barbara,California. Bean, Lowell John, and Florence C. Shipek 1978 Luiseflo. In R. Heizer ed.,Handbook of North American Indians,Vol. 8, California, pp. 550- 563. Smithsonian Institution, Washington D.C. Bean, Lowell John,and Charles R. Smith 1978 Gabriel ino. In R. Heizer ed.,Handbook of North American Indians,Vol. 8, California,pp. 538-549. Smithsonian Institution, Washington D.C. Boscana, Ger6nimo 1978 Chinigchinich: A Revised and Annotated Version of Alfred Robinson's Translation of Father Geronimo Boscana's Historical Account of the Beliefs,Usages, Customs and Extravagancies of the Indians of this Mission San Juan Capistrano Called the Acagchemen Tribe [18461. Edited by P. T. Hanna. Reprinted Annotations by John P. Harrington. Foreword by Frederick Webb Hodge. Illustrations by Jean Goodwin. Malki Museum Press, Banning California. Originally published 1933,Originally written by Father Boscana in the 1820s, and translated and first published by Alfred Robinson in 1846. Fine Arts Press, Santa Ana, California. California Geologic Survey 2002 California Geomorphic Provinces. California Department of Conservation.Note 36. Cleland, Robert Glass 1952 The Cattle on a Thousand Hills, Southern California, 1850-1880. Second Edition. The Huntington Library, San Marino, California. _ Clevenger,Joyce M. 1986 Archaeological Investigations at CA-ORA-287: A Multicomponent Site on Newport Bay. Westec Services. Ms. on file, South Central Coastal Archaeological Information Center, California State University, Fullerton. Crownover, C. Scott, Beth Padon, and E. Jane Rosenthal 1990 Archaeological Investigations at CA-ORA-121, Orange County, California. LSA Associates, Inc. Ms. on file, South Central Coastal Archaeological Information Center, California State University, Fullerton. — Demcak, Carol R. 1981 Fused Shale As Time Marker in Southern California: Review and Hypothesis. Unpublished Master's Thesis. Department of Anthropology, California State University, Long Beach. P:\RBF541\CulturaMssessment.doc 1(01/16/06» 16 LSA ASSOCIATA'f Y.S. INC. CULTURAL RESOURCE ASSESSMENT JANUARY 9006 SAN JUAN CREEK PIPELINE REPLACIM E[N'1' t Drover, Christopher E., Henry C.Koerper, and Paul E. Langenwalter III 1983 Early Holocene Adaptation on the Southern California Coast: A Summary Report of Investigations at the Irvine Site(CA-ORA-64),Newport Bay, Orange County, California. Pacific Coast Archaeological Society Quarterly 19(3&4):1-84. Engelhardt,Zephyrin 1998 San Luis Rey, the King of the Missions. Originally published 1921,James H. Barry Company, ' San Francisco. Facsimile reproduction. McNally and Loftin, Santa Barbara. Erlandson, Jon M ' 1994 Early Hunter-Gatherers of the California Coast. Plenum Press,New York. Font, Pedro 1913 The Anza Expedition of 1775-1776, Diary of Pedro Font. Edited by Frederick J.Teggart. Academy of Pacific Coast History. University of California,Berkeley. Gifford,Eugene W. ' 1936 Californian Balanophagy.Essays in Anthropology Presented to A. L. Kroeber,pp. 87-98. Reprinted in 1971.The California Indians, A Source Book, edited by R. Heizer and M. Whipple,pp. 301-305. University of California Press, Berkeley and Los Angeles. ' Hall, Matt C. 1988 For the Record:Notes and Comments on "Obsidian Exchange in Prehistoric Orange County." Pacific Coast Archaeological Society Quarterly 24(4):34-48. Harrington,John P. ' 1934 A New Original Version of Boscana's Historical Account of the San Juan Capistrano Indians of Southwest California.Smithsonian Miscellaneous Collections 92(4):1-62. Smithsonian Institution, Washington, D.C. Jaeger,Edmund C., and Arthur C. Smith 1966 Introduction to the Natural History of Southern California. University of California Press, Berkeley. Koerper, Henry C. 1981 Prehistoric Subsistence and Settlement in the Newport Bay Area and Environs, Orange ' County, California. Unpublished Ph.D. Dissertation, Department of Anthropology, University of California, Riverside. ' Koerper,Henry C., and Christopher E. Drover 1983 Chronology Building for Coastal Orange County: The Case from CA-ORA-119-A. Pacific Coast Archaeological Society Quarterly 19 (2):1-34. ' Kroeber, Alfred L. 1925 Handbook of the Indians of California. Bureau of American Ethnology Bulletin,No. 78. Washington, D.C.: Smithsonian Institution. Reprinted in 1976. Dover Publications,New York. P:\RBF541\Cu1IUM1\Wssessmem.doc a01/16/06» 17 I.SA ASSOCIATES. INC. CUL'1'IIRAL RESOURCE ASSESSMENT JANUARY 9006 SAN JUAN CREEK PIPELINE REPLACP.MENI' Liebeck, Judy _ 1990 Irvine:A History of Innovation and Growth. Pioneer Publications,Houston. Lowman, Hubert A. _ 1993 The Old Spanish Missions of California. Edited by Martha H. Lowman. Lawson Mardon Group Publishers. Mason, Roger D.,Nancy A. Whitney-Desautels, and Mark L. Peterson 1987 Test Plan for National Register Evaluation of Archaeological Sites on the Coyote Canyon Sanitary Landfill Property,Orange County, California. Scientific Resource Surveys(SRS). Copies Available from Orange County Integrated Waste Management Department. — McCawley, William 1996 The First Angelinos: The Gabrielino Indians of Los Angeles. Malki Museum Press and — Ballena Press, Banning and Novato. Merriam,C. Hart _ 1968 Village Names in Twelve California Mission Records. University of California Archaeological Survey Report 74. Moratto, Michael J. 1984 California Archaeology. Academic Press, San Diego. O'Neil, Stephen 1988 Their Mark upon the Land:Native American Place Names in Orange County and Adjacent Areas. In The Natural and Social Sciences of Orange County, edited by H. Koerper, pp. 106- 122.Natural History Foundation of Orange County. — Oxendine,Joan 1983 The Luiseno Village During the Late Prehistoric Era. Unpublished Ph.D. Dissertation, — University of California, Riverside. Robinson, W. W. — 1979 Land in California. Berkeley and Los Angeles: University of California Press. Rosenthal,E. Jane, and Beth Padon _ 1986 Archaeological Research Proposal for CA-ORA-123 and ORA-221/222. Ms. on file, LSA Associates, Inc. Library and Caltrans District 7. Sharp, Robert P. — 1976 Geology:Field Guide to Southern California. Kendal]/Hunt Publishing Company, Dubuque, Iowa. Second edition. Sleeper,Jim 1988 Rancho Santa Margarita. In A Hundred Years of Yesterdays, edited by E. Cramer, K. Dixon, D. Marsh, P. Brigandi, and C. Blamer, pp. 159-163. Orange County Register, Santa Ana, — California. P'\PBF541\Cultural\Assessmenl.doc«01/16/06n 18 - LSA ASSOCIATES,2041INC. CULTURAL IPI.LI K R ASSESSMENT JANUARY ]0116 SAN JUAN CREEK PIPCI.INE REPLACP.ML'N'I' 1 Sparkman, Philip S. ' 1908 The Culture of the Luiseno Indians. University of California Publications in American Archaeology and Ethnology 8 (4):187-234. ' Strudwick, Ivan H., William McCawley,Bradley L. Sturm, and Steven Conkling 1996 Results of Archaeological Testing in the Northeast Portion of CA-ORA-196/H for the Michelson Drive Bridge Widening, San Diego Creek, California.LSA Associates, Inc. Ms. on file, South Central Coastal Archaeological Information Center, California State University, Fullerton. Wallace, William J. 1955 A Suggested Chronology for Southern California Coastal Archaeology. Southwestern Journal of Anthropology 11 (3). Reprinted in The California Indians: A Source Book,edited by R. Heizer and M. Whipple, pp 186-201. University of California Press, Berkeley. Second Edition, 1971. 1978 Post Pleistocene Archaeology 9000-2000 B.C. In California, edited by R. Heizer, pp 25-36. ' Handbook of North American Indians, Vol. 8, W. Sturtevant, general editor. Smithsonian Institution,Washington D.C. ' Warren, Claude N. 1968 Cultural Tradition and Ecological Adaptation on the Southern California Coast. Eastern New Mexico University Contributions in Anthropology 1 (3):1-4. White, Raymond C 1963 Luiseno Social Organization. Berkeley and Los Angeles: University of California ' Publications in American Archaeology and Ethnology 48(2):91-194. P:\RBF541\Cu1Un-a1\ASSeSSMent.dM a01/16/06,, 19 LSA A99020116 9. INC. CULTURAL PIPELINE RESOURCEREPLACEMENT PL CEMENT fANUANV Y11U4 SAN JUAN CREEK PI PE LI NQ REPLACEM CNT ' APPENDIX A PROJECT PHOTOGRAPHS 1 1 ' PARBF541\Cultural\Assessment.doc 1101/16/06» «y, w YY r xP„y"s c . a rc ' T. h View of exposed pipe to be removed within San Juan Creek. f View of nor-them • • • •-• I. San Juan Creek Apeline Replacement tN� # ' A t t✓ _ t �r 5 _ °"ARl.ron 1rx Ili r If;G.- View ofsouthern tie-in location along San Juan Creek Road. s Y . View of replacement pipeline alignment within the San Juan Creek channel. LSA San Juan Creek Pipeline Replacement ----- ----- Site Photos [AR BF541\G\Apnds_Ph.t.,2.cd,(10/13/05) - - �--- - — — — LAA ASSOCIATES. INC. CULTURAL RESOURCE ASSESSMENT JANUARY 1006 SAN JUAN CREEK PIPELINE REPLACEMENT ' APPENDIX B NATIVE AMERICAN CONSULTATION 1 ' P\RBF54BCultural\Assessment.doc u01/16/06, a a a a a a a a a a a as a �■■ a a � a a NATIVE AMERICAN CONSULTATION RECORD Project: Proposed San Juan Creek Project,City of San Juan Capistrano,Orange County Native American Heritage Commission Replied: 10/20/05 Results of Sacred Lands File Search:The record search failed to indicate the presence of Native American cultural resources,but it was recommended that the following individuals/organizations be contacted. Date Response Date Letter Sent to Received Form Groups Contacted Tribes from Tribes Date and Results of LSA Follow-up Telephone Call Juaneno Band of Mission Indians Acjachemen Nation October 25,2005 N/A December 1,2005:Left message.(Also see comment from David Belardes,Chairperson Joyce Perry below.) Juaneno Juaneno Band of Mission Indians October 25,2005 N/A December 1,2005:Sonia referred me to Alfred Cruz. Sonia Johnston,Chairperson Juaneno Juaneno Band of Mission Indians October 25,2005 N/A November 4,2005:Anita called to say the area is very Anita Espinoza sensitive and she would recommend that a monitor be Juaneno present. Juaneno Band of Mission Indians Acjachemen Nation October 25,2005 N/A December 1,2005:Anthony is no longer at this number. Anthony Rivera,Chairman Juaneno Band of Mission Indians Acjachemen Nation October 25,2005 N/A November 11,2005:Joyce called and left a message that Joyce Perry,Tribal Manager/Cultural Resources the area is sensitive and I should contact David Belardes about this because he has information about what is there. Juaneno Band of Mission Indians October 25,2005 N/A December 1,2005:Number is incorrect. Kristen Rivers,Tribal Administrator Juaneno Juaneno Band of Mission Indians October 25,2005 N/A December 1,2005:The area is sensitive and he would Alfred Cruz,Cultural Resources Coordinator recommend monitoring. Juaneno Band of Mission Indians October 25,2005 N/A ! December I,2005:Has no concerns,but if anything is Mike A uiar,Environmental Coordinator I discovered he would like to be notified. 10/24/05(P:\RBF541\Cultural\NA Consultation\NA Cons Rec.wpd) I TES, OTHER L I LSA EXECUTIVE INC. BERKELEY EY ICBG: RIRSIDECOLLINS - 20 EX80UTIVE PAIIX, SUITE 100 949•$$30666 TEL HlIIK818Y RIV8181DE IRVINE, CALIFORNIA 92614-4731 949.553.8076 FAX PT. RICHMOND ROCKLIN October 4,2005 Mr. Rob Wood Native American Heritage Commission 915 Capitol Mall,Room 364 Sacramento, California 95814 Subject: Sacred Lands File Search for the Proposed San Juan Creek Project, City of San Juan Capistrano, Orange County, California Dear Mr. Wood: Attached please find a portion of a USGS topographic quadrangle map.Plotted on the map is the location of the Proposed San Juan Capistrano Creek Project,located in the City of San Juan Capistrano, Orange County, California. Specifically,the project is depicted on the San Juan — Capistrano 7.5-minute quadrangle map in Section 5, Township 8 South, Range 7 West, San Bernardino Baseline Meridian (SBBM). There will be ground disturbance associated with this project. Please notify LSA of any Traditional Cultural Properties(TCPs) and/or sacred sites that may —. be impacted. I will anticipate a response within 10 working days from your receipt of this request. Thank you very much for your assistance. If you have any questions or comments,please call me at(949) 553-0666, — or email me at terri.fulton@lsa-assoc.com. Sincerely, — LSA ASSOCIATES,INC. t_ Tem Fulton Senior Cultural Resource Manager, Native American Consultation Attachments: USGS map 9/6/05(P1RBF531 W AHC Iettecwpd) PLANNING ENVIRONMENTAL SCIENCES DESIGN I ' �:> J w I c LeCL �� ' ) �� _.�_� � �� '' . :• ) C .ri/' ..� n - 32'30„ r b 3711 IN 25 r F tN T .710 U \J �I •� ,v `1� � xY 17`�—•' i - 'mei /' C' '1- C`'� � r �l. �� x",` _ ., 1 ,'pups uotl 5` � 4r'6 ':� E `) .- �-I�r-, •.1 r '; _. / ; ., MIA \ xl 4 r lu / i 41 BM 133 �1 - ; � •'� BM t�. '.1• J 'M . li ' I-r .4 '• ♦r � � • 30 40• y0 ......o301, v ROAD CLASSIFICATION ' Heavy-duty v_ Light-duty Medium-duty .. Unimproved dirt.....,.. ~F Interstate Route State Route ' GLIi rn..Rralw T=0 379M 610Mt 2.000FL 1 MI=2.640', 1 cm=240M1 `. x TYl nrrl x n)n n x * r r rr�rc ne rp�LlLppNls a••�•��_...._.__.� „�,� NATIVE AMERICAN HERITAGE COMMISSION 916 CAPrrOL MALL,ROOM 366 _ SACRAMENTO,CA 95614 - (913)453A092 F"(915)957.9390 Web We www.nsbacnavv October 20, 2005 Terry Fulton LSA Associates 20 Executive Park — Irvine, CA 92614 Sent by Fax:949-553-8076 _ Number of Pages:2 RE: Proposed San Juan Creek Project, City of San Juan Capistrano; Orange County Dear Mr. McLean: A record search of the sacred land file has failed to indicate the presence of Native American — cultural resources in the Immediate project area. The absence of specific site information in the sacred lands file does not Indicate the absence of cultural resources In any project area. Other sources of cultural resources should also be contacted for information regarding known and — recorded sites. Enclosed is a list of Native Americans individuals/organizations who may have knowledge of cultural resources in the project area.The Commission makes no recommendation or preference of a single individual, or group over another.This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated, if they cannot supply information, they might recommend others with specific — knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe or group. If a response has not been received within two weeks of notification,the Commission requests that you follow-up with a _ telephone call to ensure that the project Information has been received. If you receive notification of change of addresses and phone numbers from any of these individuals or groups, please notify me. With your assistance we are able to assure that our lists contain current information. If you have any questions or need additional information, please contact me at(916)653-4040. Sincerely, /Rb=,d Environmental Specialist III 1001D DHVN Does L29 9T0 %Vd OSttGT SOOZ/OZ/OT wr all lyc vvul ray October 19, 2005 Juaneno Band of Mission Indians Acjachemen Nation Juaneno Band of Mission Indians David Belardes, Chairperson Kristen Rivers, Tribal Administrator V742 Via Belardes Juaneno P.O. Box 25628 Juaneno Juan Capistrano , CA 92675 Santa Ana , CA 92799 (949) 493-0959 kristen rivers(gmsn.com 49) 493-1601 Fax (909-319-1451 tuaneno Band of Mission Indians Juaneno Band of Mission Indians onla Johnston, Chairperson Alfred Cruz, Culural Resources Coordinator P.O. Box 25628 Juaneno P.Q. Box 25628 Juaneno Wanta Ana r CA 92799 Santa Ana CA 92799 Juaneno@verizon.net 714-998-0721 f714) 4) 323-8312 848-2951 Fax Ukuaneno Band of Mission Indians Juaneno Band of Mission Indians nita Espinoza Mike Aguiar, Environmental Coordinator 740 Concerto Drive Juaneno P.O. Box 25628 Juaneno naheim r CA 92807 Santa Ana r CA 92799 /14) 779-8832 mikesguilar8@sbcglobal.net 818-347-1732 'Juaneno Band of Mission Indians Acjachemen Nation Wknthony Rivera, Chairman 1411-A La Matanza Street Juaneno San Juan Capistrano , CA 92675.2674 arvardmts950msn.com W14-435-6297 714424-2297 Fax uaneno Band of Mission Indians Acjachemen Nation Joyce Perry , Tribal Manager & Cultural Resources 131742 Via Belardes Juaneno Wan Juan Capistrano , CA 92675 (949) 493-0959 949) 493-1601 Fax ' Tnle list le currant onlyss of the dateof this doeumerd. Distribution of this list does not relieve any-person of etebmaty eesporaflbllny as defined te Section 7050.5 Or the tfaetih and Safety Code,section 5097.94 of the public Resources Code and Section 5097M of#*Public Resources Code, This list is only applicable for000tacting local restive pmerleens with regard to cultural resources for the proposed Sall Juan Creek Protect,City=ra=n Juan Capistrano;Orange County. 1 ZOO ISI OWN O6CS L29 916 YVd O9:10T SOOZ/0Z/0T IlLSA INC. OTHER OFFICES: PT. COLLINS 306ZECUTIVEPARK, SUITE 300 949•$5J�0666 TEL AIRKILEY llVtRRIVELJ J IYVINH, CALIFORNIA 91614-4731 949.$53•8076 PAF PT. RICHMOND ROCKLIN October 25,2005 Chairperson David Belardes Juaneno Band of Mission Indians Acjachemen Nation 31742 Via Belardes San Juan Capistrano, CA 92675 Subject: Native American Consultation for the Proposed San Juan Creek Project, City of San Juan Capistrano, Orange County, California Dear Mr. Belardes: LSA Associates, Inc. (LSA) is under contract to provide a cultural resource assessment for the San Juan Creek Project, located in the City of San Juan Capistrano, County of Orange, California. Specifically,the project site is located at the southern terminus of Via Estenaga and crosses the San Juan Creek. Horse stables and a park are present to the north of the project site and residential areas are present to the South. The project is depicted in Section 5 of the U.S. Geological Survey(USGS) San Juan Capistrano, California topographic quadrangle map, Township 8 South, Range 7 West, San Bernardino Baseline Meridian(SBBM). A map showing the exact project location is attached. The current project site consists of an existing eight-inch ductile iron pipe that crosses San Juan Creek. This pipe was exposed during heavy winter storms in the winter of January 2005. The City of San Juan Capistrano proposes to replace it with a 12-inch high-density polyethylene pipeline in order to protect it from breaking in the future. Section 106 of the National Historic Preservation Act of 1966 (NHPA)requires that the lead federal agency overseeing a project must consider the effect the project may have on historic properties. The definition of"historic properties" includes, in some cases, properties of traditional religious and cultural significance to an Indian tribe. To determine whether any historic properties may be affected by the project,LSA is reviewing background information and consulting with entities such as the State Historic Preservation Officer(SHPO). Section 106 requires consultation with Indian tribes that have an interest in the undertaking(project). LSA understands that you may have knowledge about the area in which the project is located. Government-to-government relationships, as required by federal law, include the identification of an individual designated by a Sovereign Indian Nation for the purposes of consultation. If you are not the designated representative, please forward this information to the person who is responsible. Additionally, for the purposes of future consultation,please inform me as to who will handle consultation for your tribe. If I have no response within 10 working days, I will follow up with a telephone call. We are also interested in establishing electronic mail (e-mail)contact information, if appropriate. LSA solicits your input as part of this process. Please provide the necessary e-mail address if you concur. You may also respond to this letter by e-mail. - 01/11/06(P:UiBF541\Cu1turalW A Consululion\October 25 San Juan Creek NAC letleldoc) 1 _ PLANNING ENVaONYYNSAI aCrLNCPd OE$ION 1 LSA ASSOCIATES. INC. ' Please review this letter and indicate (by checking the appropriate box below)whether you have any information concerning any historic properties that may be affected by the project: ' ❑ No, I am not aware of any Native American resource or sacred site located at or near the project. ' ❑ Yes, I am aware of Native American resources or sacred sites located at or near the project. Describe: (Use additional sheets of paper,if necessary.) ' Thank you for your involvement in this process. If you would like more information or if you would like to discuss this letter further, please do not hesitate to contact me at (949)553-0666 or by e-mail at terri.fulton@lsa-assoc.com. Finally, please respond no later than November 7, 2005,to ensure that your input is included. Sincerely, ' LSA ASSOCIATES, INC. jw&-� Tem Fulton Senior Cultural Resource Manager ' Native American Consultation ' Attachment: USGS map 01/11/06(P:VtBF541\Cu1tum1\NA Consultation\October 25 San Juan Creek NAC lemr.c1m) 2 • s — f J V 3712 o C W. J �. C " x ( " 32'30, P I —�� 1 1 11 25 s y� 1 X' �.v V�•-ic tl ( i; t,r t VAS � �r Y� :i 5 I 1 1 '% ii � e ` x � '�.4 �7 1 )�l r "`! 14^a r x. t•1 �, / 1 /M l\` ♦ )1h �� M i ' 1. � ' !)/ Z `.l t� Y hI . \ •f r 1 a i` r_'a10 ~� \ 133/ mf ,fi� t! _t _ , smon�•�' 6• - d. �}d� '-�w + 0 •Ix ✓ _ 1 a atxarioC _ ori H. \'�� -~ �'.v v .x �' ��^'x.�;' .'L �4 _ a ,� . � � eft f' • _ 40' SiN (.L(MFY,E '.MI rt "1V Y.y ................... au es.or..,.al...-..� -33'30' t SAN 111441i M15 MI • "�yjamlx.E 11 P3T`30" ROAD CLASSIFICATION cc Heavy-duty .. Light-0uty Medium-duty Unimproved dirt ...... e• '' Interstate Route State Route GLIF r....:....., n c.. �• jJZ%LAj."RAf1 M'c 9 AAO' 1 -240Mt ' CITY.OF SAN JUAN CAPISTRANO ' NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIFICATIONS ' for the 14" WATERLINE CREEK CROSS AT VIA ESTENAGA CIP NO. 767 1 ' IN THE CITY OF SAN JUAN CAPISTRANO April 2006 QaOFESS,OR. N w ' O NO.64586 �p * E%P. 6/30 7 A /J � CIVI ' City of San Juan Capistrano COVER SHEET Cook's Reservoir Replacement Project BID FORMS H:\PDATA\10104453\Admin\spec\Front End\Part 0—Title Page.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano COVER SHEET Cook's Reservoir Replacement Project BID FORMS H:\pdata\10104453VWdmin\spec\Front End\Part 0 Title Page.doc ' CITY OF SAN JUAN CAPISTRANO ' NOTICE INVITING BIDS FOR CONSTRUCTING ' 14" WATERLINE CREEK CROSSING AT VIA ESTENAGA C.I.P. No. 767 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the construction of the 14" Waterline ' Creek Crossing at Via Estenaga will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 p.m. on May 16, 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 installation of a 12" I.D. high density polyethylene (HDPE) pipe under San Juan Creek using horizontal directional drilling techniques. Connection to existing cast iron pipes at both ends of the project will be accomplished using conventional open cut methods. Landscape restoration in these areas is also included. N-3 LOCATION OF THE WORK: The Work shall be at the San Juan Creek between Cook ' Park Cordova and San Juan Creek Road, in the City of San Juan Capistrano. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 60 working days.after the date the Notice to Proceed is issued. 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 will award the contract for this project to the lowest responsible bidder. (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 any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. ' City of San Juan Capistrano NOTICE INVITING BIDS 14"Waterline Creek Crossing at Via Estenaga Page 1 CADocuments and Settings\mguevara\Local Settings\Temporary Internet Files\OLK4\Part IB—Notice Inviting Bidsll.doc 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 10:00 pm on May 3, 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. N-12 EXISTING GEOTECHNICAL REPORT (a) The Bidder's attention is directed to the fact that a geotechnical boring and analysis was prepared by Lawson and Associates, dated November 8, 2004. (b) A copy of the boring results may be obtained from the Department of Public Works, City of San Juan Capistrano, 32450 Paseo Adelanto, San Juan Capistrano, CA 92675. An additional fee of$15 dollars will be charged for sets of documents sent by mail, _. (c) Said report and Addendum are made available for the convenience of the bidders only, and the City disclaims any responsibility for their contents. All statements, findings, and interpretations in said report and Addendum are those of Lawson and Associates. The City - does not make any interpretations or representations as to the accuracy of said report and Addendum. Said report and Addendum are not a part of the Contract Documents, and all bidders shall make their own interpretations as to the conditions existing at the proposed site. - N-13 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: r (a) Contract Docutnents 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$30 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. (c) An additional fee of$15 dollars will be charged for sets of documents sent by — mail. City of San Juan Capistrano NOTICE INVITING BIDS 14"Waterline Creek Crossing at Via Estenaga Page 2 C:\Documents and Settings\mguevara\Local-Settings\Temporary Internet Files\OLK4\Part IB—Notice Inviting Bidsl l.doc ' N-14 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 T E CITY OF SAN JUAN CAPISTRANO 1 Date Cl S JU N CAPISTRANO ' Margaret onahan, CMC City Clerk ' City of San Juan Capistrano _ NOTICE INVITING BIDS 14"Waterline Creek Crossing at Via Estenaga Page 3 CADocuments and Settings\mguevara\Local Settings\Temporary Internet Files\OLK4\Part IB Notice Inviting Bidsll.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano NOTICE INVITING BIDS 14"Waterline Creek Crossing at Via Estenaga Page 4 H:\pdata\10104453\Admin\spec\Front End\Part IB—Notice Inviting Bids.doc 1 ' NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIFICATIONS TABLE OF CONTENTS tPART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS ' Notice Inviting Bids Instructions to Bidders 1 Bid Forms Bid (Proposal) 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 1 - General Requirements Division 2 - Site Work and Utilities ' Division 9 - Finishes 1 Division 15 - Mechanical ' City of San Juan Capistrano SPECIFICATIONS 14"Waterline Creek Crossing at Via Estenaga GENERAL CONTENTS—Page 1 H:\pdata\101044MAdmin\spec\Front End\Part 0—TOC.doc PART IV —APPENDICES Appendix A - CVWD Standard Specifications City of San Juan Capistrano SPECIFICATIONS 14"Watedine Creek Crossing at Via Estenaga GENERAL CONTENTS—Page 2 H:\pdata\10104453\Admin\spec\Front End\Part 0_TOC.doc CITY OF SAN JUAN CAPISTRANO PART I - BIDDING AND CONTRACTUAL ' DOCUMENTS AND FORMS 14" WATERLINE CREEK CROSSING AT VIA ESTENAGA CIP NO. 767 Notice Inviting Bids ' Instructions to Bidders Bid Forms ' Bid (Proposal) 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 ' City of San Juan Capistrano BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS 14"Waterline Creek Crossing at Via Estenaga CONTENTS PART I H:\pdata\10104453\Hdmin\spec\Front End\Part[A—Title Page.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS 14"Waterline Creek Crossing at Via Estenega CONTENTS PART I H:\pdata\10104453VAdmin\spec\Front End\Part IA—Title Page.doc ' CITY OF SAN JUAN CAPISTRANO INSTRUCTIONS TO BIDDERS r 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 rthe General Conditions or Supplementary General Conditions. 2. COMPETENCY OF BIDDERS - Except as otherwise provided under Public Contract r 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. r 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, 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 AND THE SITE - (a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract r 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) Subject to the provisions of Section 4215 of the California Government Code, I 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. r City of San Juan Capistrano INSTRUCTIONS TO BIDDERS 14"Waterline Creek Crossing at Via Estenaga PAGE 1 H:\pdata\10104453Wdmin\spec\Front End\Part IC—Instructions to Bidders.doc 1 (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 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. (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 City of San Juan Capistrano INSTRUCTIONS TO BIDDERS 14"Waterline Creek Crossing at Via Estenaga PAGE 2 H:\pdata\10104453\Admin\spec\Front End\Part IC—Instructions to Bidders.doc 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 aad the 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 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. 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 et seq. of the California Public Contract Code. 11. QUANTITIES OF WORK— M (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. City of San Juan Capistrano INSTRUCTIONS TO BIDDERS 14"Waterline Creek Crossing at Via Estenaga PAGE 3 H:\pdata\10104453\Admin\spec\Front End\Part IC—Instructions to Bidders.doc 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 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 Bidder will, 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 - City of San Juan Capistrano INSTRUCTIONS TO BIDDERS 14"Waterline Creek Crossing at Via Estenaga PAGE 4 H:\pdata\10104453\Admin\spec\Front End\Part IC—Instructions to Bidders.doc 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: 14"WATERLINE CREEK CROSSING AT VIA ESTENAGA CIP NO.767 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, 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: ' City of San Juan Capistrano BID (PROPOSAL) 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 1 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forns.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano BID (PROPOSAL) 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 2 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forms.doc ' BID SCHEDULE 14"WATERLINE CREEK CROSSING AT VIA ESTENAGA ' Item Item Description Quantity Unit Total Cost No. 1. Mobilization 1 LS ' 2. Potholing 1 LS 3. Sheeting, Shoring and Bracing 1 LS 4. Install Sound Wall 1 LS 1 5. Landscape Restoration 1 LS 6. Demolition and removal of CIP in Creek Bed 1 LS 7. Demobilization and Project Closeout 1 LS ' Alternate A- 14" Pipeline 8. Install 14" HDPE pipe by HDD 520 LF 9. Install Air/Vac Rel Valve Assembly on 14" Pipe 2 EA 10. Connect 14" Pipeline to Existing CIP North 1 LS Side 11. Connect 14" Pipeline to Existing CIP South 1 LS Side ' Alternate B— 10" Pipeline 12. Install 10" HDPE pipe by HDD 520 LF t13. Install Air/Vac Rel Valve Assembly on 10" Pipe 2 EA 14. Connect 10" Pipeline to Existing CIP North 1 LS ' Side 15. Connect 10" Pipeline to Existing CIP South 1 LS Side Total Bid for Items 1- 11 (Alternate A) $ Total Bid for Items 1-7 and 12 —15 (Alternate B) $ City of San Juan Capistrano LIST OF SUBCONTRACTORS 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 1 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forms.doc Bid total for Items 1 — 11 (Alternate A) in words Bid total for Items 1 — 7 and 12 — 15 (Alternate B) in words NOTES: The Contractor shall construct either 14" or 10" HDPE pipe at the Owner's — discretion. The determination of the lowest responsible bidder will be based on the Total Bid of Items 1-11, inclusive or Items 1-7 and 12-15. City of San Juan Capistrano LIST OF SUBCONTRACTORS 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 2 H:\PDATA\10104453\Admin\spec\Front End\Part ID—Bid Forms.doc 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 pement 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. Contractors License Work to be Performed Number Subcontractors Name&Address ' 1 2 3 4 5 ' 6 8 ' City of San Juan Capistrano LIST OF SUBCONTRACTORS 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 3 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forns.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano LIST OF SUBCONTRACTORS 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 4 H:\PDATA\10104453\Admin\spec\Front End\Part ID—Bid Forms.doc 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,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 By Title Organization Address ' City of San Juan Capistrano NON-COLLUSION AFFIDAVIT 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 1 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forms.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano NON-COLLUSION AFFIDAVIT 14"Waterline Creek Crossing at Via Estenaga BID FORMS- Page 2 H:\PDATA\10104453VAdmin\spec\Front End\Part ID—Bid Forms.doc IBIDDER'S GENERAL INFORMATION ' The Bidder shall fumish 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: 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: A ) ' 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 fine: ' City of San Juan Capistrano BIDDER'S GENERAL INFORMATION 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 1 H:\PDATA\10104453\Admin\spec\Front End\Part ID—Bid Forms.doc BIDDER'S GENERAL INFORMATION (Continued) 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 Project Date completed 2. Owner Address Contact Class of work Phone Contract amount _ Project Date completed 3. Owner Address — Contact Class of work Phone Contract amount — Project Date completed 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. _ City of San Juan Capistrano BIDDER'S GENERAL INFORMATION 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 2 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forrns.doc ' 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 i (not less than 10 percent of the total amount of the highest of bid Alternate A and B) 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 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: 14"WATERLINE CREEK CROSSING AT VIA ESTENAGA ' CIP NO. 767 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 ACKNOWLEDGEMENT OF SURETY) (Principal) (Surety) (Signature) (Signature) ' City of San Juan Capistrano BID BOND(BID SECURITY FORM) 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 1 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forms.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano BID BOND (BID SECURITY FORM) 14"Waterline Creek Crossing at Via Estenaga BID FORMS-Page 2 H:\PDATA\10104453Wdmin\spec\Front End\Part ID—Bid Forms.doc ! 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 ! 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 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page- 1 H:\pdata\10104453Wdmin\spec\Front End\Part IE_Agreement and Bonds.doc ! 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: 14" Waterline Creek Crossing at Via Estenaga as delineated in the Plans and Specifications prepared by RBF Consulting, dated February, 2006. Work to include: The Work to be done by the CONTRACTOR under these Specifications shall _ consist of performing all operations necessary for the demolition of existing structures, utilities and landscaping; construction of a cast-in-place reinforced concrete reservoir, welded steel pipelines, valves, vaults, grading, paving, instrumentation, controls, landscaping and all appurtenant work at the locations, in the positions, to the elevations and dimensions and conforming to the design shown on the Drawings and in accordance with these Specifications. — Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: 14"WATERLINE CREEK CROSSING AT VIA ESTENAGA 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 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-2 H:\pdata\10104453V+dmin\spec\Front End\Part IE_Agreement and Bonds.doc 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 1 completion within sixty (60) work 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 1 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 1 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 ICity; 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; or any other delays unforeseen by Contractor and ' beyond Contractor's reasonable control. t City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-3 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc 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 Proiect. 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: 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. City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page-4 H:\pdata\10104453Wdmin\spec\Front End\Part IE_Agreement and Bonds.doc f fB. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, fprovided Contractor gives the City written notice stating the date, circumstances and f 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 fCity or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. fD. If any change under this Section 9 causes an increase or decrease in f 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 fequitable 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 fallowed for any costs incurred more than twenty (20) days before the Contractor gives f 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 fdirect cost Contractor reasonably incurred in attempting to comply with those defective specifications. fE. 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 funder paragraph (A) or the furnishing of a written notice under paragraph (B), submit a fwritten statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the fstatement 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 ffinal payment under this Agreement. f f City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-5 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc f 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 Damaoes for Delay. 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 One Thousand Seven Hundred Dollars ($1,700) per City of San Juan Capistrano AGREEMENT 14"Watedine Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-6 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc ' day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. ' Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due ' Contractor under this Contract. Section 11. Contract Price and Method of Payment. ' City agrees to pay and Contractor agrees to accept as full consideration for the ' faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of ' and no cents ($ ) as itemized on the attached Bid Schedule. ' 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 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 ' City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-7 H:\pdata\10104453Wdmin\spec\Front End\Part IE_Agreement and Bonds.doc 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 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. — City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page-8 H:\pdata\10104453Wdmin\spec\Front End\Part IE Agreement and Bonds.doc ' 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 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. ' City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-9 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc D. Travel and Subsistence Pav: 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 se 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 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. City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page- 10 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc 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°/x) 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' 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. 1 City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-11 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc 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. 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 City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page- 12 H:tpdata\10104453tAdmintspec\Front End\Part IE_Agreement and Bonds.doc ' 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 $1,000,000 aggregate, separate for basis 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 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. ' City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page- 13 H:\pdata\10104453Wdmin\spec\Front End\Part IE_Agreement and Bonds.doc 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 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. City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page- 14 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc 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. ' 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 ' City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page- 15 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc 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 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 To Contractor: Contractor Name Company Name Street Address City, State, Zip Code City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page- 16 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc ' IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract ' as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO 1 By: David M. Swerdlin, Mayor CONTRACTOR By: ' ATTEST: By: Margaret R. Monahan, City Clerk ' APPROVED AS TO FORM: By: John R. Shaw, City Attorney ' City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page- 17 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano AGREEMENT 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page- 18 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc ' WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 ' OF THE CALIFORNIA LABOR CODE) ' 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 ' City of San Juan Capistrano WORKER'S COMPENSATION CERTIFICATE 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page- 1 H:\pdata\10104453\Hdmin\spec\Front End\Part IE_Agreement and Bonds.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano WORKER'S COMPENSATION CERTIFICATE 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page-2 H:\pdata\10104453\Admin\spec\Front End\Part IE Agreement and Bonds.doc 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: ' 14" WATERLINE CREEK CROSSING AT VIA ESTENAGA CIP NO. 767 ' 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 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 day of 20 Contractor Surety ' By By Title Title (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) City of San Juan Capistrano PERFORMANCE BOND 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page- 1 H:\pdata\10104453\Admin\speclFront End\Part IE_Agreement and Bonds.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano PERFORMANCE BOND 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-2 H:\pdata\10104453\Hdmin\spec\Front End\Part IE_Agreement and Bonds.doc 1 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, 1 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: 1 for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,dollars, ' 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: w14" WATERLINE CREEK CROSSING AT VIA ESTENAGA CIP NO. 767 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 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 Bond shall inure to the benefit of any and 1 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 1 Contractor Surety 1 By By ' Title Title (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) City of San Juan Capistrano PAYMENT BOND 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page- 1 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano PAYMENT BOND 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-2 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc ' CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNER/AGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION POLICY LIMITS OF LIABILITY IN THOUSANDS(x1000) TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH - OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL BODILY INJURY $ S LIABILITY PROPERTY E S Including: DAMAGE 0 EXPLOSION AND COLLAPSE 0 UNDERGROUND DAMAGE 0 PRODUCTSICAMPLETED OPERATIONS Or 0 CONTRACTUAL INSURANCE 0 BROAD FORM PROPERTY f E DAMAGE 0 INDEPENDENT CONTRACTORS BODILY INJURY 0 PERSONAL INJURY AND PROPERTY DAMAGE COMBINED ' PERSONAL INJURY S COMPREHENSIVE AUTOMOBILE BODILY INJURY f LIABILITY EACH PERSON Intlutling: 0 OWNED O HIRED FACJACCODEMT $ 0 NON-OWNED ❑ MOTOR CARRIER ACT PROPERTY S DAMAGE OR f BODILY INJURY ANDTY DAMAGE COMBINED ' EXCESS LIABILITY BODILY INJURY Including: AND PROPERTY f 0 EMPLOYER'S LIABILITY DAMAGE COMBINED WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY Including: EL $ (EACH 0 LONG SHOREMEN'S AND ACCIDENT) HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT—CITY OF SAN JUAN CAPISTRANO ' The undersigned certifies that he or she is the representative of the above-named insurance companies,that he or she has the authority In execute and issue this certificate to Certificate Holder, and accordingly,does hereby cenify on behalf of said insurance companies that policies of insurance listed above have been issued to Me insured named above and are in farce al this tine. NoWfinstanding any requirement,term,acondition of any contract or other document with respect to which this certificate may be issued or my pertain,Me insurance afforded by the policies described herein is subject to at the tends,exclusions,and conditions of such policies. Copes of the policies shown will be fumished to the Certificate Holder upon request. ' This Certificate does not amend,extend,or alter the Coverage afforded by the polities listed, Cancellation:Should any of the above described policies be cancelled before the etpiretion date thereof,Me issuing company will mail W days wriaen notice to Me below-named certificate holder:. NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY ' A_rHCC !ED REPRESENTATIVE OF INSUlWtCE W WANIES WOPp1W NVEPAOE ' City of San Juan Capistrano CERTIFICATE OF INSURANCE 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page- 1 H:\pdata\10104453Wdmin\spec\Front End\Part IE_Agreement and Bonds.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano CERTIFICATE OF INSURANCE 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-2 H;\pdata\10104453Wdmin\spec\Front End\Part IE Agreement and Bonds.doc 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 ' City of San Juan Capistrano INSURANCE ENDORSEMENT-LIABILITY 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page-1 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano INSURANCE ENDORSEMENT-LIABILITY 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page-2 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc ' 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: rCITY 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.) IWHO IS AN INSURED (Section ll) 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. City of San Juan Capistrano INSURANCE ENDORSEMENT-AUTO 14'Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS-Page- 1 H:\pdata\10104453\Hdmin\spec\Front End\Part IE_Agreement and Bonds.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano INSURANCE ENDORSEMENT-AUTO 14"Waterline Creek Crossing at Via Estenaga AGREEMENT AND BONDS- Page-2 H:\pdata\10104453\Admin\spec\Front End\Part IE_Agreement and Bonds.doc CITY OF SAN JUAN CAPISTRANO PART II - CONDITIONS OF THE CONTRACT General Conditions of the Contract ISupplementary General Conditions City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-CONTENTS H:\pdata\10104453\Admin\spec\Front End\Part IIA—Title Page.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-CONTENTS H:\pdatai101044531Admin\spec\Front End\Part IIA Title Page.doc GENERAL CONDITIONS OF THE CONTRACT TABLE OF CONTENTS Error! No table of contents entries found. Page 47.01 State Wage Rate DeteFminatiena .................................. ................................. 48- 47.02 1449*ers Gempen&atien.....................;................... .....;................................... 48 4 7'03 Apprentices an Pub& 14494s........................................................................... 40- 17-04 A49Ming Heum.......... ...........................I........................................................... 40 - -ter Not Responsible fmfn Certain A Ph;of red ...............................I......... .............................. 49 17.06 Notice of Completion............................ ........................................................... 49 17.07 Unpaid Claims.................................................................................................. 49 17.08 Concrete Forms, Falsework, and Shoring.........................................................49 47.09 Regsiqage Prem Men",Pa3vnenta.............................................. ................... 40 17.10 Public Works Contracts;Assignment to Awarding Body... ............. ............... 50 47,41 Pa)To#ReGeFdsF Retentionr k;sje9GVen7,Non GengielienGs Pana&es,"Rules and Regulations....................................................... 50 17.12 Cultural Resources............................................................................................51 17.13 Protection of Workers in Trench Excavations.................................................. 51 47.14 Trq,w.f and SU&ist9nGe Pad�...............I...I...............,....................................... 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 City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS- PAGE I H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc GENERAL CONDITIONS OF THE CONTRACT 8. Bidding Requirements--The Notice ARTICLE 1 - DEFINITIONS AND Inviting Bids, Instructions to Bidders, Bid TERMINOLOGY security form, if any, and the Bid form with any supplements. 1.01 Defined Terms 9. Bonds--Performance and payment bonds and other instruments of security. A. Wherever used in the Contract -- Documents and printed with initial or all capital 10. Capistrano Valley Water District—A legal letters, the terms listed below will have the entity aFgapized and existing on the Geupty a meanings indicated which are applicable to both the singular and plural thereof. safnetimes FefaFFed to in the Gen' 1. Addenda--Written or graphic instruments GAINE-Ft which is now dissolved and issued prior to the opening of Bids which succeeded in all interests by the City of San clarify, correct, or change the Bidding Re- Juan Capistrano. quirements or the Contract Documents. 11. Change Order--A document recommend- 2. Agreement er Construction Contract— ed by ENGINEER which is signed by The written instrument which is evidence of CONTRACTOR and OWNER and authorizes the agreement between OWNER and an addition, deletion, or revision in the Work CONTRACTOR covering the Work. or an adjustment in the Contract Price or the — Contract Times, issued on or after the 3. Application for Payment—The form Effective Date of the Agreement. acceptable to ENGINEER which is to be used by CONTRACTOR during the course of 12. City —The City San Juan Capistrano, a the Work in requesting progress or final pay- general law city organized and existing in the ments and which is to be accompanied by County of Orange, State of California, such supporting documentation as is required sometimes referred to in the Contract by the Contract Documents. Documents as the City or the OWNER. 4. Asbestos--Any material that contains 13. Completion— Completion of the Work more than one percent asbestos and is shall be the date of acceptance of the Work friable or is releasing asbestos fibers into the by the OWNER as provided under California air above current action levels established by Civil Code Section 3086. the United States Occupational Safety and — Health Administration. 14. Consultant—The engineer architect- engineer firm and their designated 5. Beneficial Use or Occupancy— Placing all representatives acting under contract to the or any portion of the Work in service for the OWNER, acting on behalf of the OWNER as purpose for which it is intended (or a related their authorized representative within the purpose)before reaching completion of all of scope of authority defined in their contract the Work. with the OWNER. — 6. Bid--The offer or proposal of a bidder 15. Contract--The entire and integrated submitted on the prescribed form setting forth written agreement between the OWNER and the prices for the Work to be performed. CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, 7. Bidding Documents—The Bidding representations, or agreements, whether Requirements and the proposed Contract written or oral. — Documents (including all Addenda issued prior to receipt of Bids). City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS- PAGE 2 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc 16. Contract Documents—Unless otherwise Agreement. defined in the Agreement or Supplementary Conditions, the Contract Documents 21. Cost of the Work--See paragraph 11.01.A establish the rights and obligations of the for definition. parties and include the Notice Inviting Bids, Instructions to Bidders, the prevailing rates of 22. District—The Capistrano Valley Water wages as determined by the Director of the District remetimes referred to as GNoWD, the California Department of Industrial Relations, DiStFiGt, OF the Owne which has now been the accepted Bid and Bid Schedule, List of dissolved and succeeded in all interests by Subcontractors, Non-collusion Affidavit, the City of San Juan Capistrano. Bidder's General Information statement, Bid Security or Bid Bond, the Agreement or 23. Disttist Public Works Department Construction Contract,Worker's Engineer—The 8istrist Engineer of the City of Compensation Certificate, Performance San Juan Capistrano Public Works Bond, Payment Bond, Insurance Certificates, Department , Notice of Award, Notice to Proceed, Notice of or his or her designated representative, and Completion, General Conditions of the who is referred to in the Contract Documents Construction Contract, Supplementary as the ENGINEER. General Conditions,Technical Specifications, and Drawings and all Addenda issued prior to 24. Drawings--That part of the Contract bid opening, together with all written Documents prepared or approved by ' amendments, Change Orders and Work ENGINEER which graphically shows the Change Directives, Field Orders, and scope, extent, and character of the Work to ENGINEER's written interpretations and be performed by CONTRACTOR. Shop clarifications issued on or after the Effective Drawings and other CONTRACTOR Date of the Agreement. Approved Shop submittals are not Drawings as so defined. Drawings and the reports and drawings of subsurface and physical conditions are not 25. Effective Date of the Agreement--The Contract Documents. Only printed or hard date indicated in the Agreement on which it copies of the items listed in this paragraph becomes effective, but if no such date is are Contract Documents. Files in electronic indicated, it means the date on which the media format of text, data, graphics, and the Agreement is signed and delivered by the like that may be furnished by OWNER to last of the two parties to sign and deliver. CONTRACTOR are not Contract Documents. 26. ENGINEER—The IOistFist Engineer of the 17. Contract Price--The moneys payable by City of San Juan Capistrano Public Works OWNER to CONTRACTOR for completion of Department the Work in accordance with the Contract or his or her designated representative. Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 27. Design Engineer—An individual or entity in the case of Unit Price Work). having a contract with ENGINEER to furnish services as ENGINEER's independent 18. Contract Unit Price(s)—The price or professional associate or consultant with prices quoted by the Bidder for performing respect to the Project.and wpe is ideatified and furnishing each item of the Work to be as SUGh 4A thO- paid for on the basis of unit prices. ' 28. Field Order—A written order issued by 19. Contract Times--The number of days or ENGINEER which requires minor changes in the dates stated in the Contract Documents the Work but which does not involve a to: (i)achieve Substantial Completion; and (ii) change in the Contract Price or the Contract complete the Work so that it is ready for final Times. payment as evidenced by ENGINEER's written recommendation of final payment. 29. General Requirements-Sections of Division 1 of the Technical Specifications. 20. CONTRACTOR--The individual or entity The General Requirements pertain to all with whom OWNER has entered into the sections of the Specifications. City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 3 H:\pdata\10104453\Admin\spec\Front End\Part IIB General Conditions.doc 30. Hazardous Environmental Condition--The 40. Petroleum--Petroleum, including crude oil presence at the Site of Asbestos, PCBs, or any fraction thereof which is liquid at stan- Petroleum, Hazardous Waste, or Radioactive dard conditions of temperature and pressure Material in such quantities or circumstances (60 degrees Fahrenheit and 14.7 pounds per that may present a substantial danger to square inch absolute), such as oil, petroleum, - persons or property exposed thereto in fuel oil, oil sludge, oil refuse, gasoline, connection with the Work. kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 31. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in 41. Project--The total construction of which Section 1004 of the Solid Waste Disposal Act the Work to be performed under the Contract (42 USC Section 6903)as amended from Documents may be the whole, or a part as time to time. may be indicated elsewhere in the Contract Documents. 32. Laws and Regulations;Laws or Regulat- ions--Any and all applicable laws, rules, 42. Radioactive Material--Source, special regulations, ordinances, codes, and orders of nuclear, or byproduct material as defined by any and all governmental bodies, agencies, the Atomic Energy Act of 1954 (42 USC authorities, and courts having jurisdiction. Section 2011 et seq.)as amended from time to time. 33. Liens or Stop Notices-- Charges or encumbrances upon Project funds pursuant 43. Resident Project Representative (RPR) - to California Civil Code Section 3179 et seq.. or Project Representative--The authorized representative of ENGINEER who may be 34. Milestone--A principal event specified in assigned to the Site or any part thereof. Said the Contract Documents relating to an Project Representative shall be the only - intermediate completion date or time prior to person through whom all liaison between the Substantial Completion of all the Work. Contractor and the Owner shall be directed. 35. Notice ofAward--Thewritten notice by 44. Samples--Physical examples of OWNER to the apparent successful bidder materials, equipment, or workmanship that stating that upon timely compliance by the are representative of some portion of the apparent successful bidder with the Work and which establish the standards by - conditions precedent listed therein, OWNER which such portion of the Work will be will sign and deliver the Agreement. judged. 36. Notice to Proceed-A written notice given 45. Shop Drawings--All drawings, diagrams, by OWNER to CONTRACTOR fixing the date illustrations, schedules, and other data or on which the Contract Times will commence information which are specifically prepared or to run and on which CONTRACTOR shall assembled by or for CONTRACTOR and - start to perform the Work under the Contract submitted by CONTRACTOR to illustrate Documents. some portion of the Work. 37. OWNER-The individual, entity, public 46. Site--Lands or areas indicated in the body, or authority with whom CONTRACTOR Contract Documents as being furnished by has entered into the Agreement and for OWNER upon which the Work is to be whom the Work is to be performed. performed, including rights-of-way and easements for access thereto, and such 38. Partial Utilization--Use by OWNER of a other lands furnished by OWNER which are substantially completed part of the Work for designated for the use of CONTRACTOR. the purpose for which it is intended (or a related purpose) prior to Substantial 47. Specifications-That part of the Contract Completion of all the Work. Documents consisting of Part I Notice Inviting Bids, Instructions to Bidders Bid forms, _ 39. PCBs--Polychlorinated biphenyls. Agreement, Bonds, and certificates, Part II General and Supplementary Conditions of City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 4 H:\pdata\10104453\Admin\spec\Front End\Part IIB-General Conditions.doc the Contract, and Part III Technical the result of performing or providing all labor, ' Specifications consisting of written technical services, and documentation necessary to descriptions of systems, standards, and produce such construction, and furnishing, workmanship as applied to the Work and installing, and incorporating all materials and certain administrative details applicable equipment into such construction, all as thereto. required by the Contract Documents. 48. Subcontractor--An individual or entity 55. Work Change Directive--A written having a direct contract with CONTRACTOR statement to CONTRACTOR issued on or or with any other Subcontractor for the after the Effective Date of the Agreement and performance of a part of the Work at the Site. signed by OWNER and recommended by ' ENGINEER ordering an addition, deletion, or 49. Substantial Completion--The time at revision in the Work, or responding to which the Work(or a specified part thereof) differing or unforeseen subsurface or has progressed to the point where, in the physical conditions under which the Work is opinion of ENGINEER, the Work(or a to be performed or to emergencies. A Work specified part thereof) is sufficiently Change Directive will not change the complete, in accordance with the Contract Contract Price or the Contract Times but is I Documents, so that the Work (or a specified evidence that the parties expect that the part thereof)can be utilized for the purposes change ordered or documented by a Work for which it is intended. The terms Change Directive will be incorporated in a I "substantially complete"and"substantially subsequently issued Change Order following completed"as applied to all or part of the negotiations by the parties as to its effect, if Work refer to Substantial Completion thereof, any,on the Contract Price or Contract Times. 50. Supplementary General Conditions--That 56. Written Amendment--A written statement part of the Contract Documents which modifying the Contract Documents, signed by amends or supplements these General OWNER and CONTRACTOR on or after the 1 Conditions of the Construction Contract.. Effective Date of the Agreement and normally dealing with the non-engineering or 51. Supplier--A manufacturer, fabricator, nontechnical rather than strictly supplier, distributor, materialman, or vendor construction-related aspects of the Contract having a direct contract with CONTRACTOR Documents. or with any Subcontractor to furnish materials or equipment to be incorporated in the Work 1.02 Terminology by CONTRACTOR or any Subcontractor. A. Intent of Certain Terms or Adjectives 52. Underground Facilities--All underground pipelines, conduits, ducts,cables, wires, 1. Whenever in the Contract Documents ' manholes, vaults, tanks, tunnels, or other the terms"as allowed,""as approved,"or such facilities or attachments, and any terms of like effect or import are used, or the encasements containing such facilities, adjectives"reasonable,""suitable," including those that convey electricity, gases, "acceptable,""proper,""satisfactory,"or steam, liquid petroleum products, telephone adjectives of like effect or import are used to or other communications, cable television, describe an action or determination of water, wastewater, storm water, other liquids ENGINEER as to the Work, it is intended that 1 or chemicals, or traffic or other control such action or determination will be solely to systems. evaluate, in general, the completed Work for compliance with the requirements of and 53. Unit Price Work--Work to be paid for on information in the Contract Documents and the basis of unit prices. conformance with the design concept of the completed Project as a functioning whole as 54. Work--The entire completed construction shown or indicated in the Contract or the various separately identifiable parts Documents(unless there is a specific thereof required to be provided under the statement indicating otherwise). The use of Contract Documents. Work includes and is any such term or adjective shall not be City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 5 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc effective to assign to ENGINEER any duty or services, materials, or equipment in a context authority to supervise or direct the clearly requiring an obligation of performance of the Work or any duty or CONTRACTOR, "provide"is implied. authority to undertake responsibility contrary E. Unless stated otherwise in the Contract to the provisions of paragraph 9.10 or any Documents, words or phrases which have a other provision of the Contract Documents. well-known technical or construction industry or trade meaning are used in the Contract B. Day Documents in accordance with such recognized meaning. 1. The word "day' shall constitute a calendar day of 24 hours measured from midnight to the next midnight. ARTICLE 2 - PRELIMINARY MATTERS C. Defective 1. The word"defective,"when modifying 2.01 Delivery of Bonds the word"Work," refers to Work that is unsatisfactory, faulty, or deficient in that it A. When CONTRACTOR delivers the does not conform to the Contract Documents executed Agreements to OWNER, or does not meet the requirements of any CONTRACTOR shall also deliver to OWNER inspection, reference standard, test, or such Bonds as CONTRACTOR may be required approval referred to in the Contract Docu- to furnish. ments, or has been damaged prior to ENGINEER's recommendation of final 2.02 Copies of Documents payment(unless responsibility for the protection thereof has been assumed by A. OWNER shall furnish to CONTRACTOR — OWNER at Substantial Completion in accor- up to ten copies of the Contract Documents. dance with the Construction Contract. Additional copies will be furnished upon request paragraph 4 4.94 oF ), at the cost of reproduction. D. Furnish, Install, Perform, Provide 2.03 Commencement of Contract Times; Notice to Proceed 1. The word "furnish,"when used in - connection with services, materials, or A. The Contract Times will commence to run equipment, shall mean to supply and deliver on the thirtieth day after the Effective Date of the said services, materials, or equipment to the Agreement or, if a Notice to Proceed is given, on _ Site (or some other specified location) ready the day indicated in the Notice to Proceed. A for use or installation and in usable or Notice to Proceed may be given at any time operable condition. within 30 days after the Effective Date of the Agreement. In no event will the Contract Times — 2. The word "install,"when used in commence to run later than the sixtieth day after connection with services, materials, or the day of Bid opening or the thirtieth day after equipment, shall mean to put into use or the Effective Date of the Agreement,whichever _ place in final position said services, date is earlier. materials, or equipment complete and ready for intended use. 2.04 Starting the Work 3. The words"perform"or"provide," A. CONTRACTOR shall start to perform the when used in connection with services, Work on the date when the Contract Times com- materials, or equipment, shall mean to mence to run. No Work shall be done at the Site _ furnish and install said services, materials, or prior to the date on which the Contract Times equipment complete and ready for intended commence to run. use. 2.05 Before Starting Construction - 4. When "furnish,""install,""perform,"or "provide" is not used in connection with City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 6 H:\pdata\10104453\Admin\spec\Front End\Part IIB-General Conditions.doc A. CONTRACTOR's Review of Contract OWNER respectively are required to purchase Documents: Before undertaking each part of the and maintain in accordance with Article 5. Work, CONTRACTOR shall carefully study and compare the Contract Documents and check 2.06 Preconstruction Conference 1 and verify pertinent figures therein and all applicable field measurements. CONTRACTOR A. Within 20 days after the Contract Times shall promptly report in writing to ENGINEER start to run,but before any Work at the Site is any conflict, error, ambiguity, or discrepancy started, a conference attended by which CONTRACTOR may discover and shall CONTRACTOR, ENGINEER, and others as obtain a written interpretation or clarification appropriate will be held to establish a working from ENGINEER before proceeding with any understanding among the parties as to the Work ' Work affected thereby; however, and to discuss the schedules referred to in para- CONTRACTOR shall not be liable to OWNER or graph 2.05.8, procedures for handling Shop ENGINEER for failure to report any conflict, Drawings and other submittals,processing error, ambiguity, or discrepancy in the Contract Applications for Payment, and maintaining Documents unless CONTRACTOR knew or required records. reasonably should have known thereof. 2.07 Initial Acceptance of Schedules B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement A. Unless otherwise provided in the (unless otherwise specified in the General Contract Documents, at least ten days before Requirements), CONTRACTOR shall submit to submission of the first Application for Payment a ENGINEER for its timely review: conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be 1. a preliminary progress schedule held to review for acceptability to ENGINEER as indicating the times (numbers of days or provided below the schedules submitted in dates)for starting and completing the various accordance with paragraph 2.05.B. stages of the Work, including any Milestones CONTRACTOR shall have an additional ten specified in the Contract Documents; days to make corrections and adjustments and to complete and resubmit the schedules. No 2. a preliminary schedule of Shop progress payment shall be made to Drawing and Sample submittals which will list CONTRACTOR until acceptable schedules are each required submittal and the times for submitted to ENGINEER. submitting, reviewing, and processing such submittal; and 1. The progress schedule will be acceptable to ENGINEER if it provides an 3. a preliminary schedule of values for orderly progression of the Work to completion all of the Work which includes quantities and within any specified Milestones and the prices of items which when added together Contract Times. Such acceptance will not equal the Contract Price and subdivides the impose on ENGINEER responsibility for the Work into component parts in sufficient detail progress schedule,for sequencing, schedul- to serve as the basis for progress payments ing, or progress of the Work nor interfere with during performance of the Work. Such prices or relieve CONTRACTOR from will include an appropriate amount of CONTRACTOR's full responsibility therefor. overhead and profit applicable to each item of Work. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be C. Evidence of Insurance: Before any Work acceptable to ENGINEER if it provides a at the Site is started, CONTRACTOR and workable arrangement for reviewing and OWNER shall each deliver to the other,with processing the required submittals. copies to each additional insured identified in the Supplementary Conditions, certificates of insur- 3. CONTRACTOR's schedule of values ance (and other evidence of insurance which will be acceptable to ENGINEER as to form 1 either of them or any additional insured may and substance if it provides a reasonable reasonably request)which CONTRACTOR and allocation of the Contract Price to component parts of the Work. City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 7 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc ARTICLE 3 - CONTRACT DOCUMENTS: 3.02 Reference Standards INTENT, AMENDING, REUSE A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- 3.01 Intent tions, manuals, or codes of any technical society, organization, or association, or to A. The Contract Documents are comple- Laws or Regulations,whether such reference mentary; what is called for by one is as binding be specific or by implication, shall mean the as if called for by all. standard, specification, manual, code, or — Laws or Regulations in effect at the time of B. It is the intent of the Contract Documents opening of Bids (or on the Effective Date of to describe a functionally complete Project (or the Agreement if there were no Bids), except _ part thereof)to be constructed in accordance as may be otherwise specifically stated in the with the Contract Documents. Any labor, Contract Documents. documentation, services, materials, or equip- ment that may reasonably be inferred from the 2. No provision of any such standard, — Contract Documents or from prevailing custom specification, manual or code, or any or trade usage as being required to produce the instruction of a Supplier shall be effective to intended result will be provided whether or not change the duties or responsibilities of _ specifically called for at no additional cost to OWNER, CONTRACTOR, or ENGINEER, or OWNER. any of their subcontractors, consultants, agents, or employees from those set forth in C. Clarifications and interpretations of the the Contract Documents, nor shall any such Contract Documents shall be issued by provision or instruction be effective to assign ENGINEER as provided in Article 9. to OWNER, ENGINEER, or any of Design Engineers, agents, or employees any duty or _ D. The work to be performed under this authority to supervise or direct the perfor- Contract shall consist of furnishing all plant, mance of the Work or any duty or authority to tools, equipment, materials, and manufactured undertake responsibility inconsistent with the articles and for furnishing all transportation provisions of the Contract Documents. _ services, and all fuel, power, water, and essential communications, and for the 3.03 Reporting and Resolving Discrepancies performance of all labor, work, or other _ operations required for the fulfillment of the A. Reporting Discrepancies Contract in strict accordance with the Specifications, Drawings„ Schedules, and other 1. If, during the performance of the Contract Documents as defined in the Contract, Work, CONTRACTOR discovers any conflict, all of which are made a part hereof and including error, ambiguity, or discrepancy within the such detail sketches as may be furnished by the Contract Documents or between the Contract Engineer from time to time during construction in Documents and any provision of any Law or _ explanation of said Drawings or other Contract Regulation applicable to the performance of Documents. the Work or of any standard, specification, manual or code, or of any instruction of any E The Work shall be complete and Supplier, CONTRACTOR shall report it to —' operable, and all work, materials, and services ENGINEER in writing at once. not expressly called for or shown in the Contract CONTRACTOR shall not proceed with the Documents which may be necessary for the Work affected thereby(except in an complete and proper construction of the Work in emergency as required by paragraph 6.16.A) good faith shall be performed, furnished, and until an amendment or supplement to the installed by the Contractor as though originally Contract Documents has been issued by one so specified or shown, at no additional cost to of the methods indicated in paragraph 3.04; the Owner. provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 8 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc failure to report any such conflict, error, or Design Engineer, including electronic media ambiguity, or discrepancy unless editions; and (ii)shall not reuse any of such CONTRACTOR knew or reasonably should Drawings, Specifications, other documents, or have known thereof. copies thereof on extensions of the Project or any other project without written consent of B. Resolving Discrepancies OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This 1. Except as may be otherwise prohibition will survive final payment, specifically stated in the Contract completion, and acceptance of the Work, or Documents, the provisions of the Contract termination or completion of the Contract. Documents shall take precedence in Nothing herein shall preclude CONTRACTOR ' resolving any conflict, error, ambiguity, or from retaining copies of the Contract Documents discrepancy between the provisions of the for record purposes Contract Documents and: a. the provisions of any standard, ARTICLE 4 -AVAILABILITY OF LANDS; specification, manual, code, or instruction SUBSURFACE AND PHYSICAL CONDITIONS; (whether or not specifically incorporated REFERENCE POINTS by reference in the Contract Documents); ' or 4.01 Availability of Lands b. the provisions of any Laws or Regulations applicable to the A. OWNER shall furnish the Site. OWNER performance of the Work(unless such an shall notify CONTRACTOR of any interpretation of the provisions of the encumbrances or restrictions not of general Contract Documents would result in viola- application but specifically related to use of the tion of such Law or Regulation). Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a 3.04 Amending and Supplementing Contract timely manner and pay for easements for Documents permanent structures or permanent changes in existing facilities. If CONTRACTOR and A. The Contract Documents may be OWNER are unable to agree on entitlement to amended to provide for additions, deletions, and or on the amount or extent, if any, of any adjust- revisions in the Work or to modify the terms and ment in the Contract Price or Contract Times, or conditions thereof in one or more of the following both, as a result of any delay in OWNER's ways: (i) a Written Amendment; (ii)a Change furnishing the Site, CONTRACTOR may make a Order; or(iii)a Work Change Directive. Claim therefor as provided in the construction j contract.Paragraph 40.05. B. The requirements of the Contract Documents may be supplemented, and minor B. Upon reasonable written request, variations and deviations in the Work may be OWNER shall furnish CONTRACTOR with a authorized, by one or more of the following current statement of record legal title and legal ways: (1)a Field Order; (ii)ENGINEER's description of the lands upon which the Work is approval of a Shop Drawing or Sample; or(iii) to be performed and OWNER's interest therein ENGINEER's written interpretation or clarifii- as necessary for giving notice of or filing a cation. mechanic's or construction lien against such lands in accordance with applicable Laws and 3.05 Reuse of Documents Regulations. A. CONTRACTOR and any Subcontractor C. CONTRACTOR shall provide for all or Supplier or other individual or entity additional lands and access thereto that may be performing or furnishing any of the Work under a required for temporary construction facilities or direct or indirect contract with OWNER: (1)shall storage of materials and equipment. not have or acquire any title to or ownership 1 rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 9 H:\pdata\10104453\Hdmin\spec\Front End\Part 10—General Conditions.doc 4.02 Subsurface and Physical 1. is of such a nature as to establish that any"technical data"on which A. Reports and Drawings: The CONTRACTOR is entitled to rely as provided Supplementary Conditions identify: in paragraph 4.02 is materially inaccurate; or 1. those reports of explorations and 2. is of such a nature as to require a tests of subsurface conditions at or change in the Contract Documents; or contiguous to the Site that ENGINEER has _ used in preparing the Contract Documents; 3. differs materially from that shown or and indicated in the Contract Documents; or 2. those drawings of physical 4. is of an unusual nature, and differs - conditions in or relating to existing surface or materially from conditions ordinarily subsurface structures at or contiguous to the encountered and generally recognized as Site (except Underground Facilities)that inherent in work of the character provided for ENGINEER has used in preparing the in the Contract Documents; then Contract Documents. CONTRACTOR shall, promptly after becoming aware thereof and before further B. Limited Reliance by CONTRACTOR on disturbing the subsurface or physical Technical Data Authorized: CONTRACTOR conditions or performing any Work in connec- may rely upon the general accuracy of the tion therewith (except in an emergency as "technical data"contained in such reports and required by paragraph 6.16.A), notify _ drawings, but such reports and drawings are not OWNER and ENGINEER in writing about Contract Documents. Such "technical data" is such condition. CONTRACTOR shall not identified in the Supplementary Conditions. further disturb such condition or perform any Except for such reliance on such"technical Work in connection therewith (except as — data," CONTRACTOR may not rely upon or aforesaid) until receipt of written order to do make any Claim against OWNER, ENGINEER, so. or any of Design Engineers with respect to: _ B, ENGINEER's Review: After receipt of 1. the completeness of such reports and written notice as required by paragraph 4.03.A, drawings for CONTRACTOR's purposes, ENGINEER will promptly review the pertinent including, but not limited to, any aspects of condition, determine the necessity of OWNER's — the means, methods, techniques, sequences, obtaining additional exploration or tests with and procedures of construction to be respect thereto, and advise OWNER in writing employed by CONTRACTOR, and safety (with a copy to CONTRACTOR)of ENGINEER's _ precautions and programs incident thereto; or findings and conclusions. 2. other data, interpretations, opinions, C. Possible Price and Times Adjustments and information contained in such reports or shown or indicated in such drawings; or 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to 3. any CONTRACTOR interpretation of the extent that the existence of such differing or conclusion drawn from any"technical subsurface or physical condition causes an data"or any such other data, interpretations, increase or decrease in CONTRACTOR's opinions, or information. cost of, or time required for, performance of the Work; subject, however, to the following: 4.03 Differing Subsurface or Physical Condi- tions a. such condition must meet any one or more of the categories described _. A. Notice: If CONTRACTOR believes that in paragraph 4.03.A; and any subsurface or physical condition at or contiguous to the Site that is uncovered or re- b. with respect to Work that is paid vealed either: for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 10 H:1pdata110104453WdminlspeclFront EndlPart 118-General Conditions.doc 2. CONTRACTOR shall not be entitled 1. OWNER and ENGINEER shall not be to any adjustment in the Contract Price or responsible for the accuracy or completeness Contract Times if: of any such information or data; and a. CONTRACTOR knew of the 2. the cost of all of the following will be existence of such conditions at the time included in the Contract Price, and CONTRACTOR made a final commit- CONTRACTOR shall have full responsibility ment to OWNER in respect of Contract for: Price and Contract Times by the submis- a. reviewing and checking all such sion of a Bid or becoming bound under a information and data, ' negotiated contract; or b. locating all Underground b. the existence of such condition Facilities shown or indicated in the could reasonably have been discovered Contract Documents, or revealed as a result of any examination, investigation, exploration, c. coordination of the Work with the test, or study of the Site and contiguous OWNERS of such Underground Facili- areas required by the Bidding ties, including OWNER, during construc- Requirements or Contract Documents to tion, and be conducted by or for CONTRACTOR ' prior to CONTRACTOR's making such d. the safety and protection of all final commitment; or such Underground Facilities and repair- ing any damage thereto resulting from c. CONTRACTOR failed to give the the Work. written notice within the time and as re- B. Not Shown or Indicated quired by paragraph 4.03.A. 1. If an Underground Facility is ' 3. If OWNER and CONTRACTOR are uncovered or revealed at or contiguous to the unable to agree on entitlement to or on the Site which was not shown or indicated, or not amount or extent, if any, of any adjustment in shown or indicated with reasonable accuracy the Contract Price or Contract Times, or both, in the Contract Documents, CONTRACTOR a Claim may be made therefor as provided in shall, promptly after becoming aware thereof the Construction Contract. paragraph 18.0. and before further disturbing conditions However, OWNER, ENGINEER, and Design affected thereby or performing any Work in ' Engineers shall not be liable to connection therewith (except in an CONTRACTOR for any claims, costs, losses, emergency as required by paragraph 6.16.A), or damages (including but not limited to all identify the OWNER of such Underground fees and charges of engineers, architects, Facility and give written notice to that attorneys, and other professionals and all OWNER and to OWNER and ENGINEER. court or arbitration or other dispute resolution ENGINEER will promptly review the Under- costs)sustained by CONTRACTOR on or in ground Facility and determine the extent, if connection with any other project or any, to which a change is required in the anticipated project. Contract Documents to reflect and document the consequences of the existence or 4.04 Underground Facilities location of the Underground Facility. During ' such time, CONTRACTOR shall be A. Shown or Indicated:The information and responsible for the safety and protection of data shown or indicated in the Contract Docu- such Underground Facility. ' ments with respect to existing Underground Facilities at or contiguous to the Site is based on 2. If ENGINEER concludes that a information and data furnished to OWNER or change in the Contract Documents is ENGINEER by the owners of such Underground required, a Work Change Directive or a ' Facilities, including OWNER, or by others. Change Order will be issued to reflect and Unless it is otherwise expressly provided in the document such consequences. An equitable Supplementary Conditions: adjustment shall be made in the Contract City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 11 H:\pdata\10104453\Admin\spec\Front End\Part(1131—General Conditions.doc Price of Contract Times, or both, to the extent Except for such reliance on such"technical that they are attributable to the existence or data,"CONTRACTOR may not rely upon or location of any Underground Facility that was make any Claim against OWNER, ENGINEER not shown or indicated or not shown or or any of Design Engineers with respect to: indicated with reasonable accuracy in the Contract Documents and that 1. the completeness of such reports and CONTRACTOR did not know of and could drawings for CONTRACTOR's purposes, not reasonably have been expected to be including, but not limited to, any aspects of aware of or to have anticipated. If OWNER the means, methods, techniques, sequences and CONTRACTOR are unable to agree on and procedures of construction to be entitlement to or on the amount or extent, if employed by CONTRACTOR and safety any, of any such adjustment in Contract Price precautions and programs incident thereto; or or Contract Times, OWNER or CONTRACTOR may make a Claim therefor 2. other data, interpretations, opinions as provided in the Construction Contract. and information contained in such reports or paragraph 4895, shown or indicated in such drawings; or 4.05 Reference Points 3. any CONTRACTOR interpretation of or conclusion drawn from any"technical data" A. OWNER shall provide engineering or any such other data, interpretations, surveys to establish reference points for opinions or information. construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to C. CONTRACTOR shall not be responsible proceed with the Work. CONTRACTOR shall be for any Hazardous Environmental Condition responsible for laying out the Work, shalt protect uncovered or revealed at the Site which was not and preserve the established reference points shown or indicated in Drawings or Specifications and property monuments, and shall make no or identified in the Contract Documents to be changes or relocations without the prior written within the scope of the Work. CONTRACTOR approval of OWNER. CONTRACTOR shall shall be responsible for a Hazardous report to ENGINEER whenever any reference Environmental Condition created with any point or property monument is lost or destroyed materials brought to the Site by CONTRACTOR, or requires relocation because of necessary Subcontractors, Suppliers, or anyone else for changes in grades or locations, and shall be whom CONTRACTOR is responsible. - responsible for the accurate replacement or relocation of such reference points or property D. If CONTRACTOR encounters a monuments by professionally qualified Hazardous Environmental Condition or if personnel. CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a 4.06 Hazardous Environmental Condition at Hazardous Environmental Condition, site CONTRACTOR shall immediately: (i)secure or - otherwise isolate such condition; (ii)stop all A. Reports and Drawings: Reference is Work in connection with such condition and in made to the Supplementary Conditions for the any area affected thereby(except in an emer- _ identification of those reports and drawings gency as required by paragraph 6.16); and (iii) relating to a Hazardous Environmental Condition notify OWNER and ENGINEER (and promptly identified at the Site, if any, that have been thereafter confirm such notice in writing). utilized by the ENGINEER in the preparation of OWNER shall promptly consult with ENGINEER the Contract Documents. concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or B. Limited Reliance by CONTRACTOR on take corrective action, if any. _ Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the E. CONTRACTOR shall not be required to "technical data"contained in such reports and resume Work in connection with such condition drawings, but such reports and drawings are not or in any affected area until after OWNER has - Contract Documents. Such"technical data" is obtained any required permits related thereto identified in the Supplementary Conditions. and delivered to CONTRACTOR written notice; City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 12 H:\pdata\10104453\Hdmin\spec\Front End\Part IIB-General Conditions.doc (i) specifying that such condition and any ' affected area is or has been rendered safe for H. To the fullest extent permitted by Laws the resumption of Work; or(ii)specifying any and Regulations, CONTRACTOR shall special conditions under which such Work may indemnify and hold harmless OWNER, ' be resumed safely. If OWNER and ENGINEER, Design Engineers, and the officers, CONTRACTOR cannot agree as to entitlement directors, partners, employees, agents, other to or on the amount or extent, if any, of any consultants, and subcontractors of each and any adjustment in Contract Price or Contract Times, of them from and against all claims, costs, ' or both, as a result of such Work stoppage or losses, and damages (including but not limited such special conditions under which Work is to all fees and charges of ENGINEERS, agreed to be resumed by CONTRACTOR, either architects, attorneys, and other professionals ' party may make a Claim therefor as provided in and all court or arbitration or other dispute the Construction Contract. paragrapha805. resolution costs)arising out of or relating to a Hazardous Environmental Condition created by F. If after receipt of such written notice CONTRACTOR or by anyone for whom CONTRACTOR does not agree to resume such CONTRACTOR is responsible. Nothing in this Work based on a reasonable belief it is unsafe, paragraph 4.06.E shall obligate CONTRACTOR or does not agree to resume such Work under to indemnify any individual or entity from and such special conditions, then OWNER may against the consequences of that individual's or order the portion of the Work that is in the area entity's own negligence. affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot I. The provisions of paragraphs 4.02, 4.03, agree as to entitlement to or on the amount or and 4.04 are not intended to apply to a extent, if any, of an adjustment in Contract Price Hazardous Environmental Condition uncovered or Contract Times as a result of deleting such or revealed at the Site. ' portion of the Work, then either party may make a Claim therefor as provided in the Construction Contact. paragraph44.4)&.--OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and taiAed by OWNER er GONTRAGTOR shall be hold harmless CONTRACTOR,Subcontractors, ENGINEER, Design Engineers and the officers, that aFe duly ligensed or R-AhAFi;%d In the ' directors, partners,employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, ' losses, and damages (including but not limited to all fees and charges of ENGINEERS, tienal requiFements and qUalifiGatiens as may be architects, attorneys, and other professionals PFOVIded in the SupplementaFy Genditiens. and all court or arbitration or other dispute ' resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i)was not shown or indicated in the Drawings or Specifications or identified in the Contract Docu- ments to be included within the scope of the Work, and (ii)was not created by ' CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate OWNER to CONTRACTOR,With GGPi9S t9 9aGh additional ' indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 13 H:\pdata\10104453\Hdmin\spec\Front End\Part 1113—General Conditions.doc CONTRACTOR's PeFfem;anGe of the WoFk and and si4brentFaGtGFS Of eaGh and any 9f all sewFed taeFebys may-beka✓ le; Geywages and be WFitteF;fGF Met 1986 than the immits of'wabl"t),pFe%,Ided On the benefit acts; . Gempleted operations; emplayeesi that the Gaywage affeFdAdwill not be — FeaGgRably available persona; 'Nury liabAty F8411;Ad I'Rtil at least thiFty days PFOOF WFi Gevemge Whigh aFe suslaOeM (i) by any netiGe has been given to OWNER and GtheF PeMGFI fQF an),etheF Feasen; has been 'sewed (and the reFtifigates of ACTOR -re Prevoex. ifldwdiRg less Of 6168 F866140F19 theFefmm; and payment and at all times theFeafter wheFt GnAlTRACT0. may be saFFeGling, bed"),injujy eF death of an),peFson 9 aGGGFdanGe with peFa@Faph 13.07i and matAF-Ph*n,a nsuFanGe, and any' An A Al ims made basis, Femain maiwtaiaed sbaua City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 14 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc 1 iwas agFeed to 4; writing by OWNER PN FeGgFnmended by ENGINEER; ttheFeaftw). stored at the Site 9F at anethw leGafien th:7A 5.94, OWNER, at OWNER's GptiOR, May h..OWNER; IA�ER; epwafieRs under the GeF#FaGt DeGumeRtS. 6. include testing and startup; amd ;;t the Site on the amount ef the fi.111 replaGement GAFtifigetA Of inRUFAnGe has been issued.1FnentaFy OWNER shall PUFGhase ENGINEER with 30 days WFi#9Fi nGtwGB tG as may be IaFlavicied On the Supplementa B. OWNER shall PUFGhase and mak4ain R89L1Iati9Rs). This iRSUFaRG9 shall; ;aRGe as may be Jens 0 1 r ENGINEER Design Cnninee "nnda SubsentmeAeFs, ENGINEER, Design Fmn-' oth8F individuals OF entities ideRtified on the and MY Gth8F individuals or witities identified 1diFOGteFr, paFtReFs, emplqyees, agents, deemed te have An and shall 2. be WFmtt@R an a BuildeF's Risk "all Fisk" PhYSiGal less or damage to the WGFk, tempe FRf4-,AAd untol at least 39 days PFi8F wFitten natine Fary buildii;gr,false woFk, and mateFials has been given to OWNER and CONTRACTO ment ;R tFansit, wid shall ORSuFe against RRd tn Ranh atheF additional *nswFed to whem a a following perils OF Gauses of lew GeFfifirate of inswanGe has been iseued and will vandalism and mal;Glaur, 1 1 1r paFa@raph 5.07' 6peglftal'Y F@qLi4Fed by the SupplerneRtary pFoteGt the interests of CONTRACTOR, 1extent of any dedUGtible aFReUntS that aFG City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 15 H:\pdata\10104453\Hdmin\spec\Front End\Part 1113-General Conditions.doc ameul;t ivill be beme by GONTRAGTOR, above waivers shall extend 19 the rights that an) less, and if ally Of th9FA wishes prepert Geeds ef 6nsuFaAGe held by OWNER as tFUstee amounts, eaGh May P61FGhase and maiRtain it At CONTRACTOR, 8WbGGAtFl3GtGF6, ENGINEER, possible, of theinn fOR be GhaFged to GQAIT-RAGTQR by appmpFiate 1. We clue to business iR(8FP6lP4GA, 106 pFaawFed by CANNER. peril whetheF or Ret IRGUFed by QWNER�a� 6.06 A494��of P44 2. less 9F damage to the Gampleted PFe dcshased+n asserdaase with — It�Fetest ewEN€+� 9R the Gempk"d Design Emgineei:6, and all Gth8F iRdiVid''AIR 0 partial utilization PUFSuaRt to paFagFap# finm to hp listed as Insuireds eF mddifinRal to paFagFaph 4 4.94, oF after final paymen ge IG so lesses and damages Gau6ed by the P806 OF iR the AYRRt of paff ent ef any less eF damage damage, GF G8R ;swwr will the iRSUF9FS Will have no FightS Gf FeGQve have Re Fights of reGOVeFY agaiMt aga nst any of the iRSUFedS OF ad PaFtReFS, employees, agents, and othe 4 them Rreseeas Wwki and, in additiaR, waive all SUGh FightS will be City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 16 H:\pdata\10104453\Admin\spec\Front End\Part JIB—General Conditions.doc 1 1 1unless ORB of the parties iR Interest shall eWeGt sayeFage ReGeSSitated thereby. The IRSUFeFs 6. OWNER as PdwGiwy shall have p9weF tO paFagF;aph 5.06 have ankneA.A.4edged RatiGe 1069 In 1111.111110144 RX11FG0611 of this power If si inh by endOF68FASM GA the PGI;GY OF peliGies, but!he use OF essupaasy. paFties in ORIeFest is FeaGhed, OWNER as f'dUGiaFy shall acijust and settle the less with the- ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence ' 6.06 p6en to Replace A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, ' devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be ' solely responsible for the means, methods, basis ef non GARf0FFRMAGR with the GGRtFaGt techniques, sequences, and procedures of construction, but CONTRACTOR shall not be ' the 9theF paFty in writing within 40 days responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or ' indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work ' complies accurately with the Contract Docu- ments. B. At all times during the progress of the ' to the staFt ef the WGFk, eF Of SUGh failUF Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ' or Femedy, the GthSF party may alent In AlItAiR ENGINEER except under extraordinary circumstances. The superintendent will be etheF paFty's interests at the 83(p8nRR of the CONTRACTOR' representative at the Site and shall have authority to act on behalf of ' GaveFage, and a Change OFdeF shall be CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. ' Rrepe+#y-lnsareF ' City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 17 H:\pdata\10104453Wdmin\spec\Front End\Part JIB—General Conditions.doc C. The CONTRACTOR's authorized instructions of the applicable Supplier, except as representative shall be present at the site of the otherwise may be provided in the Contract Work at all times while the Work is in progress. Documents. Failure to observe this requirement shall be considered as a suspension of the Work by the 6.04 Progress Schedule CONTRACTOR. A. CONTRACTOR shall adhere to the prog- 6.02 Labor,- Working Hours ress schedule established in accordance with paragraph 2.07 as it may be adjusted from time A. CONTRACTOR shall provide competent, to time as provided below. suitably qualified personnel to survey, lay out, and construct the Work as required by the 1. CONTRACTOR shall submit to Contract Documents. CONTRACTOR shall at ENGINEER for acceptance(to the extent all times maintain good discipline and order at indicated in paragraph 2.07)proposed the Site, adjustments in the progress schedule that will not result in changing the Contract Times (or B. Except as otherwise required for the Milestones). Such adjustments will conform safety or protection of persons or the Work or generally to the progress schedule then in property at the Site or adjacent thereto, and effect and additionally will comply with any — except as otherwise stated in the Contract Docu- provisions of the General Requirements ments, all Work at the Site shall be performed applicable thereto. during regular working hours, and CONTRACTOR will not permit overtime work or 2. Proposed adjustments in the the performance of Work on Saturday, Sunday, progress schedule that will change the or any legal holiday without OWNER's written Contract Times (or Milestones)shall be consent(which will not be unreasonably submitted in accordance with the — withheld)given after prior written notice to requirements of Article 12. Such adjustments ENGINEER. may only be made by a Change Order or Written Amendment in accordance with 6.03 Services, Materials, and Equipment Article 12. A. Unless otherwise specified in the General 6.05 Substitutes and"Or-Equals" Requirements, CONTRACTOR shall provide and assume full responsibility for all services, A. Whenever an item of material or equip- materials, equipment, labor, transportation, ment is specified or described in the Contract construction equipment and machinery, tools, Documents by using the name of a proprietary _ appliances,fuel, power, light, heat, telephone, item or the name of a particular Supplier,the water, sanitary facilities, temporary facilities, and specification or description is intended to all other facilities and incidentals necessary for establish the type, function, appearance, and the performance, testing, start-up, and quality required. Unless the specification or — completion of the Work. description contains or is followed by words reading that no like, equivalent, or"or-equal" B. All materials and equipment incorporated item or no substitution is permitted, other items into the Work shall be as specified or, if not of material or equipment or material or specified, shall be of good quality and new, equipment of other Suppliers may be submitted except as otherwise provided in the Contract to ENGINEER for review under the circum- Documents. All warranties and guarantees stances described below. specifically called for by the Specifications shall expressly run to the benefit of OWNER. If 1. "Or-Equal"Items: If in ENGINEER's required by ENGINEER, CONTRACTOR shall sole discretion an item of material or equip- _. furnish satisfactory evidence (including reports ment proposed by CONTRACTOR is of required tests)as to the source, kind, and functionally equal to that named and quality of materials and equipment. All materials sufficiently similar so that no change in and equipment shall be stored, applied, related Work will be required, it may be con- installed, connected, erected, protected, used, sidered by ENGINEER as an"or-equal" item, cleaned, and conditioned in accordance with in which case review and approval of the City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 18 H:\pdata\10104453\Admin\spec\Front End\Part 1113—General Conditions.doc proposed item may, in ENGINEER's sole CONTRACTOR seeks to furnish or use. ' discretion, be accomplished without The application shall certify that the compliance with some or all of the require- proposed substitute item will perform ments for approval of proposed substitute adequately the functions and achieve the items. For the purposes of this paragraph results called for by the general design, 6.05.A.1, a proposed item of material or be similar in substance to that specified, equipment will be considered functionally and be suited to the same use as that equal to an item so named if: specified. The application will state the extent, if any, to which the use of the pro- a. in the exercise of reasonable posed substitute item will prejudice judgment ENGINEER determines that: CONTRACTOR'S achievement of (i) it is at least equal in quality, durability, Substantial Completion on time, whether appearance, strength, and design or not use of the proposed substitute item characteristics; (ii) it will reliably perform in the Work will require a change in any at least equally well the function imposed of the Contract Documents (or in the by the design concept of the completed provisions of any other direct contract Project as a functioning whole, and; with OWNER for work on the Project)to adapt the design to the proposed substi- ' b. CONTRACTOR certifies that: (i) tute item and whether or not there is no increase in cost to the incorporation or use of the proposed OWNER; and (ii) it will conform substitute item in connection with the substantially, even with deviations,to the Work is subject to payment of any license ' detailed requirements of the item named fee or royalty. All variations of the gro- in the Contract Documents. posed substitute item from that specified will be identified in the application, and ' 2. Substitute Items available ENGINEERING, sales, maintenance, repair, and replacement a. If in ENGINEER's sole discretion services will be indicated. The an item of material or equipment pro- application will also contain an itemized ' posed by CONTRACTOR does not estimate of all costs or credits that will qualify as an"or-equal"item under result directly or indirectly from use of paragraph 6.05.A.1, it will be considered such substitute item, including costs of ' a proposed substitute item. redesign and claims of other contractors affected by any resulting change, all of b. CONTRACTOR shall submit which will be considered by ENGINEER sufficient information as provided below in evaluating the proposed substitute ' to allow ENGINEER to determine that the item. ENGINEER may require item of material or equipment proposed is CONTRACTOR to furnish additional data essentially equivalent to that named and about the proposed substitute item. ' an acceptable substitute therefor. Re- quests for review of proposed substitute B. Substitute Construction Methods or items of material or equipment will not be Procedures: If a specific means, method, accepted by ENGINEER from anyone technique, sequence, or procedure of other than CONTRACTOR. construction is shown or indicated in and expressly required by the Contract Documents, c. The procedure for review by CONTRACTOR may furnish or utilize a ' ENGINEER will be as set forth in substitute means, method, technique, sequence, paragraph 6.05.A.2.d, as supplemented or procedure of construction approved by in the General Requirements and as ENGINEER. CONTRACTOR shall submit ENGINEER may decide is appropriate sufficient information to allow ENGINEER, in ' under the circumstances. ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that d. CONTRACTOR shall first make expressly called for by the Contract Documents. ' written application to ENGINEER for The procedure for review by ENGINEER will be review of a proposed substitute item of similar to that provided in subparagraph material or equipment that 6.05.A.2. ' City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 19 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc or other individuals or entities to be submitted to C. ENGINEER's Evaluation: ENGINEER OWNER in advance for acceptance by OWNER will be allowed a reasonable time within which to by a specified date prior to the Effective Date of evaluate each proposal or submittal made the Agreement, and if CONTRACTOR has pursuant to paragraphs 6.05.A and 6.05.B. submitted a list thereof in accordance with the ENGINEER will be the sole judge of acceptabili- Supplementary Conditions, OWNER's ty. No"or-equal" or substitute will be ordered, acceptance(either in writing or by failing to installed or utilized until ENGINEER's review is make written objection thereto by the date complete, which will be evidenced by either a indicated for acceptance or objection in the Change Order for a substitute or an approved Bidding Documents or the Contract Documents) Shop Drawing for an "or equal." ENGINEER will of any such Subcontractor, Supplier, or other advise CONTRACTOR in writing of any negative individual or entity so identified may be revoked _. determination. on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an D. Special Guarantee: OWNER may acceptable replacement for the rejected require CONTRACTOR to furnish at Subcontractor, Supplier, or other individual or CONTRACTOR's expense a special entity, and the Contract Price will be adjusted by performance guarantee or other surety with the difference in the cost occasioned by such respect to any substitute. replacement, and an appropriate Change Order will be issued or Written Amendment signed. No E. ENGINEER's Cost Reimbursement: acceptance by OWNER of any such ENGINEER will record time required by Subcontractor, Supplier, or other individual or ENGINEER and Design Engineers in evaluating entity, whether initially or as a replacement, shall substitute proposed or submitted by constitute a waiver of any right of OWNER or CONTRACTOR pursuant to paragraphs ENGINEER to reject defective Work. 6.05.A.2 and 6.05.13 and in making changes in the Contract Documents (or in the provisions of C. CONTRACTOR shall be fully responsible any other direct contract with OWNER for work to OWNER and ENGINEER for all acts and on the Project)occasioned thereby. Whether or omissions of the Subcontractors, Suppliers, and not ENGINEER approves a substitute item so other individuals or entities performing or proposed or submitted by CONTRACTOR, furnishing any of the Work just as CONTRACTOR shall reimburse OWNER for the CONTRACTOR is responsible for charges of ENGINEER and Design Engineers CONTRACTOR's own acts and omissions. — for evaluating each such proposed substitute. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, F. CONTRACTOR's Expense: Supplier, or other individual or entity any CONTRACTOR shall provide all data in support contractual relationship between OWNER or of any proposed substitute or"or-equal"at ENGINEER and any such Subcontractor, CONTRACTOR's expense. Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or 6.06 Concerning Subcontractors, Suppliers, ENGINEER to pay or to see to the payment of and Others any moneys due any such Subcontractor, Supplier, or other individual or entity except as A. CONTRACTOR shall not employ any may otherwise be required by Laws and Regula- Subcontractor, Supplier, or other individual or tions. entity(including those acceptable to OWNER as indicated in paragraph 6.06.13),whether initially D. CONTRACTOR shall be solely respon- - or as a replacement, against whom OWNER sible for scheduling and coordinating the Work may have reasonable objection. of Subcontractors, Suppliers, and other CONTRACTOR shall not be required to employ individuals or entities performing or furnishing any Subcontractor, Supplier, or other individual any of the Work under a direct or indirect or entity to furnish or perform any of the Work contract with CONTRACTOR. against whom CONTRACTOR has reasonable objection. E. CONTRACTOR shall require all -- 13. If the Supplementary Conditions require Subcontractors, Suppliers, and such other the identity of certain Subcontractors, Suppliers, individuals or entities performing or furnishing City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 20 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc 1 any of the Work to communicate with license fee or royalty to others, the existence of ' ENGINEER through CONTRACTOR. such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent F. The divisions and sections of the permitted by Laws and Regulations, Specifications and the identifications of any CONTRACTOR shall indemnify and hold Drawings shall not control CONTRACTOR in harmless OWNER, ENGINEER, Design dividing the Work among Subcontractors or Engineers, and the officers, directors, partners, Suppliers or delineating the Work to be employees or agents, and other consultants of ' performed by any specific trade. each and any of them from and against all claims, costs, losses, and damages (including G. All Work performed for CONTRACTOR but not limited to all fees and charges of by a Subcontractor or Supplier will be pursuant ENGINEERS, architects, attorneys, and other to an appropriate agreement between professionals and all court or arbitration or other CONTRACTOR and the Subcontractor or dispute resolution costs)arising out of or relating Supplier which specifically binds the to any infringement of patent rights or copyrights Subcontractor or Supplier to the applicable incident to the use in the performance of the terms and conditions of the Contract Documents Work or resulting from the incorporation in the for the benefit of OWNER and ENGINEER. Work of any invention, design, process, product, ' Whenever any such agreement is with a or device not specified in the Contract Docu- Subcontractor or Supplier who is listed as an ments. additional insured on the property insurance provided in the Construction Contract paragraph 6.08 Permits ' 5,95, the agreement between the CONTRACTOR and the Subcontractor or A. Unless otherwise provided in the Supple- Supplier will contain provisions whereby the mentary Conditions, CONTRACTOR shall obtain ' Subcontractor or Supplier waives all rights and pay for all construction permits and against OWNER, CONTRACTOR, ENGINEER, licenses. OWNER shall assist CONTRACTOR, Design Engineers, and all other individuals or when necessary, in obtaining such permits and entities identified in the Supplementary licenses. CONTRACTOR shall pay all ' Conditions to be listed as insureds or additional governmental charges and inspection fees insureds (and the officers, directors, partners, necessary for the prosecution of the Work which employees, agents, and other consultants and are applicable at the time of opening of Bids, or, subcontractors of each and any of them)for all if there are no Bids, on the Effective Date of the losses and damages caused by, arising out of, Agreement. CONTRACTOR shall pay all relating to, or resulting from any of the perils or charges of utility OWNERS for connections to causes of loss covered by such policies and any the Work, and OWNER shall pay all charges of other property insurance applicable to the Work. such utility OWNERS for capital costs related If the insurers on any such policies require thereto, such as plant investment fees. separate waiver forms to be signed by any ' Subcontractor or Supplier, CONTRACTOR will 6.09 Laws and Regulations obtain the same. A. CONTRACTOR shall give all notices and 6.07 Patent Fees and Royalties comply with all Laws and Regulations applicable ' to the performance of the Work. Except where A. CONTRACTOR shall pay all license fees otherwise expressly required by applicable Laws and royalties and assume all costs incident to and Regulations, neither OWNER nor the use in the performance of the Work or the ENGINEER shall be responsible for monitoring incorporation in the Work of any invention, CONTRACTOR's compliance with any Laws or design, process, product, or device which is the Regulations. ' subject of patent rights or copyrights held by others. If a particular invention, design, process, B. If CONTRACTOR performs any Work product, or device is specified in the Contract knowing or having reason to know that it is Documents for use in the performance of the contrary to Laws or Regulations, Work and if to the actual knowledge of OWNER CONTRACTOR shall bear all claims, costs, or ENGINEER its use is subject to patent rights losses, and damages (including but not limited or copyrights calling for the payment of any to all fees and charges of ENGINEERS, ' City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 21 H:\pdata\10104453\Admin\spec\Front End\Part 1113—General Conditions.doc architects, attorneys, and other professionals and all court or arbitration or other dispute 3. To the fullest extent permitted by resolution costs) arising out of or relating to such Laws and Regulations, CONTRACTOR shall Work; however, it shall not be CONTRACTOR's indemnify and hold harmless OWNER, primary responsibility to make certain that the ENGINEER, Design Engineer, and the offi- Specifications and Drawings are in accordance cers, directors, partners, employees, agents, with Laws and Regulations, but this shall not and other consultants of each and any of relieve CONTRACTOR of CONTRACTOR's them from and against all claims, costs, obligations under paragraph 3.03. losses, and damages (including but not limited to all fees and charges of C. Changes in Laws or Regulations not ENGINEERS, architects, attorneys, and other known at the time of opening of Bids (or, on the professionals and all court or arbitration or Effective Date of the Agreement if there were no other dispute resolution costs)arising out of Bids) having an effect on the cost or time of or relating to any claim or action, legal or performance of the Work may be the subject of equitable, brought by any such OWNER or an adjustment in Contract Price or Contract occupant against OWNER, ENGINEER, or - Times. If OWNER and CONTRACTOR are any other party indemnified hereunder to the unable to agree on entitlement to or on the extent caused by or based upon amount or extent, if any, of any such adjustment, CONTRACTOR's performance of the Work. a Claim may be made therefor as provided in the Construction Contract. paragraph 10.05. B. Removal of Debris During Performance of the Work. During the progress of the Work 6.10 Taxes CONTRACTOR shall keep the Site and other areas free from accumulations of waste A. CONTRACTOR shall pay all sales, con- materials, rubbish, and other debris. Removal sumer, use, and other similar taxes required to and disposal of such waste materials, rubbish, be paid by CONTRACTOR in accordance with and other debris shall conform to applicable the Laws and Regulations of the place of the Laws and Regulations. Project which are applicable during the performance of the Work. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall 6.11 Use of Site and Other Areas clean the Site and make it ready for utilization by OWNER. At the completion of the Work A. Limitation on Use of Site and Other Areas CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and 1. CONTRACTOR shall confine machinery, and surplus materials and shall construction equipment, the storage of restore to original condition all property not materials and equipment, and the operations designated for alteration by the Contract of workers to the Site and other areas Documents. permitted by Laws and Regulations, and shall not unreasonably encumber the Site and D. Loading Structures: CONTRACTOR other areas with construction equipment or shall not load nor permit any part of any other materials or equipment. structure to be loaded in any manner that will CONTRACTOR shall assume full endanger the structure, nor shall responsibility for any damage to any such CONTRACTOR subject any part of the Work or land or area, or to the OWNER or occupant adjacent property to stresses or pressures that thereof, or of any adjacent land or areas will endanger it. — resulting from the performance of the Work. 6.12 Record Documents 2. Should any claim be made by any such OWNER or occupant because of the A. CONTRACTOR shall maintain in a safe performance of the Work, CONTRACTOR place at the Site one record copy of all shall promptly settle with such other party by Drawings, Specifications,Addenda,Written negotiation or otherwise resolve the claim by Amendments, Change Orders,Work Change arbitration or other dispute resolution Directives, Field Orders, and written interpreta- proceeding or at law. tions and clarifications in good order and City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 22 H:\pdata1101044531AdminlspeclFront EndlPart 119-General Conditions.doc annotated to show changes made during OWNER or ENGINEER or Design Engineer, or construction. These record documents together anyone employed by any of them, or anyone for with all approved Samples and a counterpart of whose acts any of them may be liable, and not all approved Shop Drawings will be available to attributable, directly or indirectly, in whole or in ' ENGINEER for reference. Upon completion of part, to the fault or negligence of the Work, these record documents, Samples, CONTRACTOR or any Subcontractor, Supplier, and Shop Drawings will be delivered to or other individual or entity directly or indirectly ENGINEER for OWNER. employed by any of them). CONTRACTOR's duties and responsibilities for safety and for 6.13 Safety and Protection protection of the Work shall continue until such time as all the Work is completed and A. CONTRACTOR shall be solely ENGINEER has issued a notice to OWNER and responsible for initiating, maintaining and In aGGGFdaRG8 with paFagFaph supervising all safety precautions and programs 44 07 R that the Work is acceptable(except as in connection with the Work. CONTRACTOR otherwise expressly provided in connection with ' shall take all necessary precautions for the Substantial Completion). safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.14 Safety Representative ' 1, all persons on the Site or who may A. CONTRACTOR shall designate a be affected by the Work; qualified and experienced safety representative at the Site whose duties and responsibilities 2, all the Work and materials and equip- shall be the prevention of accidents and the ment to be incorporated therein, whether in maintaining and supervising of safety storage on or off the Site; and precautions and programs. ' 3. other property at the Site or adjacent 6.15 Hazard Communication Programs thereto, including trees, shrubs, lawns, walks, A. CONTRACTOR shall be responsible for pavements, roadways, structures, utilities, coordinating any exchange of material safety ' and Underground Facilities not designated data sheets or other hazard communication for removal, relocation, or replacement in the information required to be made available to or course of construction. exchanged between or among employers at the ' Site in accordance with Laws or Regulations. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the 6.16 Emergencies safety of persons or property, or to the protection of persons or property from damage, A. In emergencies affecting the safety or injury, or loss; and shall erect and maintain all protection of persons or the Work or property at necessary safeguards for such safety and the Site or adjacent thereto, CONTRACTOR is ' protection. CONTRACTOR shall notify obligated to act to prevent threatened damage, OWNERS of adjacent property and of injury, or loss. CONTRACTOR shall give Underground Facilities and other utility ENGINEER prompt written notice if OWNERS when prosecution of the Work may CONTRACTOR believes that any significant ' affect them, and shall cooperate with them in the changes in the Work or variations from the protection, removal, relocation, and replacement Contract Documents have been caused thereby of their property. All damage, injury, or loss to or are required as a result thereof. If ' any property referred to in paragraph 6.13.A.2 or ENGINEER determines that a change in the 6.13.A.3 caused, directly or indirectly, in whole Contract Documents is required because of the or in part, by CONTRACTOR, any action taken by CONTRACTOR in response to Subcontractor, Supplier, or any other individual such an emergency, a Work Change Directive or ' or entity directly or indirectly employed by any of Change Order will be issued. them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be 6.17 Shop Drawings and Samples remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or A. CONTRACTOR shall submit Shop Draw- Specifications or to the acts or omissions of ings to ENGINEER for review and approval in City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 23 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc accordance with the acceptable schedule of procedures of construction and safety Shop Drawings and Sample submittals. All precautions and programs incident submittals will be identified as ENGINEER may thereto;and require and in the number of copies specified in the General Requirements. The data shown on d. CONTRACTOR shall also have the Shop Drawings will be complete with respect reviewed and coordinated each Shop to quantities, dimensions, specified performance Drawing or Sample with other Shop and design criteria, materials, and similar data to Drawings and Samples and with the show ENGINEER the services, materials, and requirements of the Work and the equipment CONTRACTOR proposes to provide Contract Documents. and to enable ENGINEER to review the informa- 2. Each submittal shall bear a stamp or tion for the limited purposes required by specific written indication that _ paragraph 6.17.E. CONTRACTOR has satisfied CONTRACTOR's obligations under the B. CONTRACTOR shall also submit Contract Documents with respect to Samples to ENGINEER for review and approval CONTRACTOR's review and approval of that _ in accordance with the acceptable schedule of submittal. Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, 3. At the time of each submittal, _ Supplier, pertinent data such as catalog CONTRACTOR shall give ENGINEER numbers, and the use for which intended and specific written notice of such variations, if otherwise as ENGINEER may require to enable any, that the Shop Drawing or Sample ENGINEER to review the submittal for the submitted may have from the requirements of limited purposes required by paragraph 6.17.E. the Contract Documents, such notice to be in The numbers of each Sample to be submitted a written communication separate from the will be as specified in the Specifications. submittal; and, in addition, shall cause a _ specific notation to be made on each Shop C. Where a Shop Drawing or Sample is re- Drawing and Sample submitted to quired by the Contract Documents or the ENGINEER for review and approval of each schedule of Shop Drawings and Sample such variation. submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed E. ENGINEER's Review prior to ENGINEER's review and approval of the — pertinent submittal will be at the sole expense 1. ENGINEER will timely review and and responsibility of CONTRACTOR. approve Shop Drawings and Samples in accordance with the schedule of Shop D. Submittal Procedures Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and 1. Before submitting each Shop approval will be only to determine if the items Drawing or Sample, CONTRACTOR shall covered by the submittals will, after have determined and verified: installation or incorporation in the Work, con- form to the information given in the Contract a. all field measurements, Documents and be compatible with the quantities, dimensions, specified perfor- design concept of the completed Project as a mance criteria, installation requirements, functioning whole as indicated by the materials, catalog numbers, and similar Contract Documents. information with respect thereto; -- 2. ENGINEER's review and approval b. all materials with respect to will not extend to means, methods, tech- intended use, fabrication, shipping, han- niques, sequences, or procedures of dling, storage, assembly, and installation construction (except where a particular pertaining to the performance of the means, method, technique, sequence, or Work; procedure of construction is specifically and expressly called for by the Contract - c. all information relative to means, Documents)or to safety precautions or methods, techniques, sequences, and programs incident thereto. The review and City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 24 H:\pdata\10104453\Hdmin\spec\Front End\Part IIB—General Conditions.doc approval of a separate item as such will not 1. abuse, modification, or improper ' indicate approval of the assembly in which maintenance or operation by persons other the item functions. than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity for ' 3. ENGINEER's review and approval of whom CONTRACTOR is responsible; or Shop Drawings or Samples shall not relieve 2. normal wear and tear under normal CONTRACTOR from responsibility for any usage. variation from the requirements of the ' Contract Documents unless CONTRACTOR B. CONTRACTOR's obligation to perform has in writing called ENGINEER's attention to and complete the Work in accordance with the each such variation at the time of each Contract Documents shall be absolute. None of ' submittal as required by paragraph 6.17.D.3 the following will constitute an acceptance of and ENGINEER has given written approval of Work that is not in accordance with the Contract each such variation by specific written Documents or a release of CONTRACTOR's notation thereof incorporated in or obligation to perform the Work in accordance ' accompanying the Shop Drawing or Sample with the Contract Documents: approval; nor will any approval by ENGINEER relieve CONTRACTOR from 1. observations by ENGINEER; ' responsibility for complying with the require- ments of paragraph 6.17.D.1. 2. recommendation by ENGINEER or payment by OWNER of any progress or final F. Resubmittal Procedures payment; ' 1. CONTRACTOR shall make correc- 3. the issuance of a certificate of Sub- tions required by ENGINEER and shall return stantial Completion by ENGINEER or any ' the required number of corrected copies of payment related thereto by OWNER; Shop Drawings and submit as required new Samples for review and approval. 4. use or occupancy of the Work or any CONTRACTOR shall direct specific attention part thereof by OWNER; in writing to revisions other than the corrections called for by ENGINEER on 5. any acceptance by OWNER or any previous submittals. failure to do so; ' 6.18 Continuing the Work 6. any review and approval of a Shop Drawing or Sample submittal or the issuance A. CONTRACTOR shall carry on the Work of a notice of acceptability by ENGINEER; ' and adhere to the progress schedule during all disputes or disagreements with OWNER. No 7. any inspection, test, or approval by Work shall be delayed or postponed pending others; or ' resolution of any disputes or disagreements, except as permitted under the Construction 8. any correction of defective Work by Contract or as OWNER and CONTRACTOR OWNER. may otherwise agree in writing. ' 6.19 CONTRACTOR's General Warranty and ARTICLE 7 - OTHER WORK Guarantee ' A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and Design Engineers 7.01 Related Work at Site that all Work will be in accordance with the Contract Documents and will not be defective. A. OWNER may perform other work related CONTRACTOR's warranty and guarantee to the Project at the Site by OWNER's hereunder excludes defects or damage caused employees, or let other direct contracts therefor, by: or have other work performed by utility OWNERS. If such other work is not noted in the Contract Documents, then: ' City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 25 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc 1. written notice thereof will be given to 7.02 Coordination CONTRACTOR prior to starting any such other work; and A. If OWNER intends to contract with others for the performance of other work on the Project — 2. if OWNER and CONTRACTOR are at the Site, the following will be set forth in unable to agree on entitlement to or on the Supplementary Conditions: amount or extent, if any, of any adjustment in the Contract Price or Contract Times that 1. the individual or entity who will have should be allowed as a result of such other authority and responsibility for coordination of work, a Claim may be made therefor as the activities among the various provided in the Construction Contract. CONTRACTORs will be identified; — PaFagraph 10.05. 2. the specific matters to be covered by B. CONTRACTOR shall afford each other such authority and responsibility will be CONTRACTOR who is a party to such a direct itemized; and contract and each utility OWNER (and OWNER, if OWNER is performing the other work with 3. the extent of such authority and OWNER's employees) proper and safe access responsibilities will be provided. to the Site and a reasonable opportunity for the introduction and storage of materials and B. Unless otherwise provided in the equipment and the execution of such other work Supplementary Conditions, OWNER shall have and shall properly coordinate the Work with sole authority and responsibility for such theirs. Unless otherwise provided in the coordination. Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or ARTICLE 8- OWNER'S RESPONSIBILITIES otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise 8.01 Communications to CONTRACTOR altering their work and will only cut or alter their work with the written consent of ENGINEER and A. Except as otherwise provided in these the others whose work will be affected. The General Conditions, OWNER shall issue all duties and responsibilities of CONTRACTOR communications to CONTRACTOR through under this paragraph are for the benefit of such ENGINEER. _ utility OWNERS and other CONTRACTORS to the extent that there are comparable provisions 8.02 Replacement of ENGINEER for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility A. In case of termination of the employment — OWNERs and other CONTRACTORS. of ENGINEER, OWNER shall appoint an ENGINEER to whom CONTRACTOR makes no C. If the proper execution or results of any reasonable objection, whose status under the _ part of CONTRACTOR's Work depends upon Contract Documents shall be that of the former work performed by others under this Article 7, ENGINEER. CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any 8.03 Furnish Data - delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for A. OWNER shall promptly furnish the data the proper execution and results of required of OWNER under the Contract CONTRACTOR's Work. CONTRACTOR's Documents. failure to so report will constitute an acceptance of such other work as fit and proper for 8.04 Pay Promptly When Due integration with CONTRACTOR's Work except for latent defects and deficiencies in such other A. OWNER shall make payments to work. CONTRACTOR promptly when they are due as City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 26 H:\pdata\10104453\Admin\spec\Front End\Part IIB-General Conditions.doc provided in the Construction Contract, A. OWNER's responsibility in respect to an ' 14.074. undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.05 Lands and Easements; Reports and Tests 8.11 Evidence of Financial Arrangements A. OWNER's duties in respect of providing A. If and to the extent OWNER has agreed lands and easements and providing to furnish CONTRACTOR reasonable evidence ' ENGINEERing surveys to establish reference that financial arrangements have been made to points are set forth in paragraphs 4.01 and 4.05. satisfy OWNER's obligations under the Contract Paragraph 4,02 refers to OWNER's identifying Documents, OWNER's responsibility in respect and making available to CONTRACTOR copies thereof will be as set forth in the Supplementary of reports of explorations and tests of Conditions. subsurface conditions and drawings of physical conditions in or relating to existing surface or ' subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in ARTICLE 9 - ENGINEER'S STATUS DURING preparing the Contract Documents. CONSTRUCTION ' 8.06 Insurance 9.01 OWNER'S Representative A. OWNER's responsibilities, if any, in ' respect to purchasing and maintaining liability A. ENGINEER will be OWNER's and property insurance are set forth in Artis{e 5 representative during the construction period. and the Construction Contract. The duties and responsibilities and the limitations of authority of ENGINEER as 8.07 Change Orders OWNER's representative during construction are set forth in the Contract Documents and will A. OWNER is obligated to execute Change not be changed without written consent of ' Orders as indicated in the Construction OWNER and ENGINEER. Contract. paragraph 49.03. 9.02 visna to Site ' 8.08 Inspections, Tests, and Approvals A. ENGINEER will make visits to the Site at A. OWNER's responsibility in respect to intervals appropriate to the various stages of certain inspections, tests, and approvals is set construction as ENGINEER deems necessary in ' forth in paragraph 13.03.B. order to observe as an experienced and qualified design professional the progress that 8.09 Limitations on OWNER's Responsibilities has been made and the quality of the various ' aspects of CONTRACTOR's executed Work. A. The OWNER shall not supervise, direct, Based on information obtained during such visits or have control or authority over, nor be and observations, ENGINEER, for the benefit of responsible for, CONTRACTOR's means, OWNER, will determine, in general, if the Work methods, techniques, sequences, or procedures is proceeding in accordance with the Contract of construction, or the safety precautions and Documents. ENGINEER will not be required to programs incident thereto, or for any failure of make exhaustive or continuous inspections on CONTRACTOR to comply with Laws and the Site to check the quality or quantity of the Regulations applicable to the performance of the Work. ENGINEER's efforts will be directed Work. OWNER will not be responsible for toward providing for OWNER a greater degree ' CONTRACTOR's failure to perform the Work in of confidence that the completed Work will accordance with the Contract Documents. conform generally to the Contract Documents. On the basis of such visits and observations, 8.10 Undisclosed Hazardous Environmental ENGINEER will keep OWNER informed of the Condition progress of the Work and will endeavor to guard OWNER against defective Work. ' City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 27 H,.\pdata\10104453\Admin\spec\Front End\Part IIB General Conditions.doc B. ENGINEER's visits and observations are Contract Documents which do not involve an subject to all the limitations on ENGINEER's adjustment in the Contract Price or the Contract - authority and responsibility set forth in Times and are compatible with the design paragraph 9.10, and particularly, but without concept of the completed Project as a limitation, during or as a result of ENGINEER's functioning whole as indicated by the Contract visits or observations of CONTRACTOR's Work Documents. These may be accomplished by a ENGINEER will not supervise, direct, control, or Field Order and will be binding on OWNER and have authority over or be responsible for also on CONTRACTOR,who shall perform the CONTRACTOR's means, methods, techniques, Work involved promptly. If OWNER and - sequences, or procedures of construction, or the CONTRACTOR are unable to agree on safety precautions and programs incident entitlement to or on the amount or extent, if any, thereto, or for any failure of CONTRACTOR to of any adjustment in the Contract Price or _ comply with Laws and Regulations applicable to Contract Times, or both, as a result of a Field the performance of the Work. Order, a Claim may be made therefor as provided in the Construction Contract. 9.03 Project Representative paragFaph iMs- - A. If OWNER and ENGINEER agree, 9.06 Rejecting Defective Work ENGINEER will furnish a Resident Project _ Representative to assist ENGINEER in providing A. ENGINEER will have authority to disap- more extensive observation of the Work. The prove or reject Work which ENGINEER believes responsibilities and authority and limitations to be defective, or that ENGINEER believes will thereon of any such Resident Project not produce a completed Project that conforms Representative and assistants will be as to the Contract Documents or that will prejudice provided in paragraph 9.10 and in the the integrity of the design concept of the Supplementary Conditions. If OWNER completed Project as a functioning whole as _ designates another representative or agent to indicated by the Contract Documents. represent OWNER at the Site who is not Design ENGINEER will also have authority to require Engineer, agent or employee, the special inspection or testing of the Work as responsibilities and authority and limitations provided in paragraph 13.04, whether or not the thereon of such other individual or entity will be Work is fabricated, installed, or completed. as provided in the Supplementary Conditions. 9.07 Shop Drawings, Change Orders and _ 9.04 Clarifications and Interpretations Payments A. ENGINEER will issue with reasonable A. In connection with ENGINEER's authority promptness such written clarifications or as to Shop Drawings and Samples, see interpretations of the requirements of the paragraph 6.17. Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with B. In connection with ENGINEER's authority the intent of and reasonably inferable from the as to Change Orders, see Articles 40, 11, and Contract Documents. Such written clarifications 12; and the Construction Contract. and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and C. In connection with ENGINEER's authority CONTRACTOR are unable to agree on entitle- as to Applications for Payment. see Akisle 44 ment to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract 9.08 Determinations for Unit Price Work _ Times, or both, that should be allowed as a result of a written clarification or interpretation, a A. ENGINEER will determine the actual Claim may be made therefor as provided in the quantities and classifications of Unit Price Work Construction Contact. paragraph 40.05, performed by CONTRACTOR. ENGINEER will - review with CONTRACTOR the ENGINEER's 9.05 Authorized Variations in Work preliminary determinations on such matters before rendering a written decision thereon (by A. ENGINEER may authorize minor varia- recommendation of an Application for Payment tions in the Work from the requirements of the or otherwise). ENGINEER's written decision City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 28 H:\pdata\10104453\Admin\spec\Front End\Part 1113-General Conditions.doc thereon will be final and binding (except as ENGINEER to CONTRACTOR, any ' modified by ENGINEER to reflect changed Subcontractor, any Supplier, any other individual factual conditions or more accurate data)upon or entity, or to any surety for or employee or OWNER and CONTRACTOR, subject to the agent of any of them. provisions of the Construction Contract. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible 9.09 Decisions on Requirements of Contract for CONTRACTOR's means, methods, Documents and Acceptability of Work techniques, sequences, or procedures of construction, or the safety precautions and A. ENGINEER will be the initial interpreter of programs incident thereto, or for any failure of ' the requirements of the Contract Documents CONTRACTOR to comply with Laws and and judge of the acceptability of the Work Regulations applicable to the performance of the thereunder. Claims, disputes and other matters Work. ENGINEER will not be responsible for relating to the acceptability of the Work, the CONTRACTOR's failure to perform the Work in quantities and classifications of Unit Price Work, accordance with the Contract Documents. the interpretation of the requirements of the Contract Documents pertaining to the C. ENGINEER will not be responsible for the ' performance of the Work, and Claims seeking acts or omissions of CONTRACTOR or of any changes in the Contract Price or Contract Times Subcontractor, any Supplier, or of any other will be referred initially to ENGINEER in writing, individual or entity performing any of the Work. in accordance with the provisions of the Construction Contract paragraph 10.05, with a D. ENGINEER's review of the final Applica- request for a formal decision. tion for Payment and accompanying documentation and all maintenance and operat- 1 B. When functioning as interpreter and ing instructions, schedules, guarantees, Bonds, judge under this paragraph 9.09, ENGINEER certificates of inspection, tests and approvals, will not show partiality to OWNER or and ' CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The with !he F9q61iF8FA9Rt6 Of, and in the ease of rendering of a decision by ENGINEER pursuant GeFtifiGates ef iRspeGtians, tests, and approvals to this paragraph 9.09 with respect to any such that the results certified indicate compliance Claim, dispute, or other matter(except any with, the Contract Documents. which have been waived by the making or ' acceptance of final payment as provided in the E. The limitations upon authority and Construction Contract. paragraph 14.07)will be responsibility set forth in this paragraph 9.10 a condition precedent to any exercise by shall also apply to Design Engineers, Resident OWNER or CONTRACTOR of such rights or Project Representative, and assistants. remedies as either may otherwise have under the Contract Documents or by Laws or Regula- tions in respect of any such Claim, dispute, or Ao7IGL C 49 CHANGES int Tuo Wnov ' other matter. GI AIMS 9.10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon10.04 A&Fthcw4ed Changes in the 1449 - sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith %A.4thout Retice to any surety, OWNER May. at either to exercise or not exercise such authority any time OF fFGFR time to time, GFdeF additions, or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 29 H:\pdata\10104453Wdmin\spec\Front End\Part 1113—General Conditions.doc PFGGeed with thS WGFk involved whiGh Will 198 dUF4Ag al;y SUGh appeal, GONTIRACTO unable te agree nn ARWIWAAnt W, eF OR the mAnunt AF AXWRll, if any, of an adjustmeRt'A the A.. If Reline of any GhaRgB affeGfiR@ the 40.02 llnauthe4zed Changes in the L449 will be GOISITRAGT-GIR's Fespensibility. The A,xtAnr'nR nf the GeAtFaGt Times with FespeGt W 10.05 Glakna and Disputes any WG* PeFfGFFAAd that ir not required by the dispute, OF 9th8F ma#BF with suppeFfiRg data undei:paFa@Faph 13.09, 9F (iii) agireed 1;94y aGG9FdanG9 with the pFavisdeRs of paFa@Faph Cantmnt Times M.Fh'Gh aFe 8gFeed to by Glaimant believes it 'a entitled RA a Fesult ef Amid INFeGtive and Gubmittal (unless ENGINEER allows anal C;gRtFaGt Times WhiGh embody the by ENGINEER pwsuant ie paragmph 19.95i da)s afteF FaGelpt of the last submittal of the fFam any SUGh dedrieR ;R annerdenre with F;,--nh Claim. dispute, OF ether Fnattw will be fiRal and apPliGable Laws and Regulations, bat unless; City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 30 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc _ r ' 10.07- InGFGaSeG Of A.49.019 Than 25 129MBRI On 1 appeal f"en; CNGINECR's tI;9FefGF by MGM than 25 PeMellt, the We*r r 'Atentien to appeal f"e.v. CNGIGICC Db will be paid feF by aGljusting the GGAtFar.ENGINEER WithiR 30 days afteF the dat sunh RmcArS Will be made OR the baGiG Of feFS9 1 lateF(unless otherwise agFeed in Wfifi" determined as heice'RafteF ffevided, of the total OWNER and GONT-RACTOR), t0 eMBF pay quaRtity of the item. if the Gests app"Gable paFty may have with FeSPBGt tG sueh GI fiXed GGStS shall be deemed to have been dispute, OF 9th9F FnattBF OR aGGeFdaRGe FeGOVeFed by the CONTRACTOR by the app"Gable Laws and Regulations. payments made feF 125 perGent of the 1 ' r If ENGINEER deal net .e".aer R formal item, and In Gamputing the aGtwal unit Gast, suGh rGlain; in U BR*ety shall be deemed to `IetenniRBd L.,em ENGINEER L. the same been issued 31 days aft9F FBGeipt of the last MARRAF RG If the k4e*weFe to be paid fGr en a D. Ne Glakn feF an aGljustmeRt OR GGntFRGt by the CONTRACTOR and the QAW1the opposing party, if any. h8F96R, eF suGh adjustmeRt will be as agreed in 1 x:05 ESNRIWO IF; 'AFA than $5,000 at the appliGable Fuse Seatrasttr the Fight to make Re Boustment ill said pFiGe i he so eI8Gt6, 9)(Gept that 8R aGIjustmBRt Will 198 r r66IGh Unit PFOGR has been Antghlqrhed; pinevided, A. OR Unit pFire GentFaGts, should the total POP he made --miess the CONTRACTOR 6A FSRUBStS r ' City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS- PAGE 31 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc r the GGFFipensatffieR payable thBFBfGF, Will be paid Ghainges made by the vendoi:f0F FetumiRg the 010FIk of sugh item P6148FFned will be made on G. The aGtual Gests OF GhaFgeS to be paid the hRAdR Of f9FGe aGGOURt as PFGV;ded !R AFtoGle by the OWNER to the GGPITRACT-OR as Prise Mid 44 PFOGB Will be the di#BF8RGe between the G9RtFaGt ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK pay quantity ef the item, insludiRg fixed Gests. 11.01 Cost of the Work as agreed to by the GONTRACTOR and the OWNER A. Costs Included. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the Augh ;iAm of Werk will in no Gass 8)(Geed the proper performance of the Work. When the - value of any Work covered by a Change Order P8Ff4BFMa;;G8 of 75 P8FG9Rt Of the IENGINEER'S or when a Claim for an adjustment in Contract Estimate of the quantity feF SUGh item at the Price is determined on the basis of Cost of the _ Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the Gentrasts change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such GGRtraGtitem ef the WeFk be eliminated OR its costs shall be in amounts no higher than those _ prevailing in the locality of the Project, shall include only the following items, and shall not payment will be made to the GGISITRACT-OR fGF include any of the costs itemized in paragraph date Of RAtifiG61tiOR iR WFitiRg by the ENGINEER 1. Payroll costs for employees in the ef-suc#e4imiaatier. direct employ of CONTRACTOR in the _ performance of the Work under schedules of 91. If AGseptable Mat8F'al 66 GFEIaFed by the job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full GARRAt 118 GEIAGeled, it will be Paid fQF Rt the time at the Site. Payroll costs for employees ease,anti--A' gnAt to the GONTRACT-OR. IR 6UGh not employed full time on the Work shall be _ apportioned on the basis of their time spent on the Work. Payroll costs shall include, but handiiinig will be paid fein by the GWAIRR If th not be limited to, salaries and wages plus the cost of fringe benefits,which shall — include social security contributions, unem- FRateF;al she' 138 FAt'-IRRAGI And the excise, and payroll taxes, City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 32 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc workers'compensation, health and retirement benefits, bonuses, sick leave, b. Cost, including transportation vacation and holiday pay applicable thereto. and maintenance, of all materials, The expenses of performing Work outside of supplies, equipment, machinery, regular working hours, on Saturday, appliances, office, and temporary facili- Sunday, or legal holidays, shall be included ties at the Site, and hand tools not in the above to the extent authorized by owned by the workers, which are OWNER. consumed in the performance of the Work, and cost, less market value, of 2. Cost of all materials and equipment such items used but not consumed furnished and incorporated in the Work, which remain the property of including costs of transportation and storage CONTRACTOR. thereof, and Suppliers'field services required in connection therewith. All cash c. Rentals of all construction equip- discounts shall accrue to CONTRACTOR ment and machinery, and the parts unless OWNER deposits funds with thereof whether rented from CONTRACTOR with which to make pay- CONTRACTOR or others in accordance ments, in which case the cash discounts with rental agreements approved by ' shall accrue to OWNER. All trade dis- OWNER with the advice of ENGINEER, counts, rebates and refunds and returns and the costs of transportation, loading, from sale of surplus materials and unloading, assembly, dismantling, and I equipment shall accrue to OWNER, and removal thereof. All such costs shall be CONTRACTOR shall make provisions so in accordance with the terms of said that they may be obtained. rental agreements. The rental of any such equipment, machinery, or parts 1 3. Payments made by CONTRACTOR shall cease when the use thereof is no to Subcontractors for Work performed by longer necessary for the Work. Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive d. Sales, consumer, use, and other bids from subcontractors acceptable to similar taxes related to the Work, and for OWNER and CONTRACTOR and shall which CONTRACTOR is liable, imposed deliver such bids to OWNER, who will then by Laws and Regulations. ' determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any e. Deposits lost for causes other subcontract provides that the Subcontractor than negligence of CONTRACTOR, any ' is to be paid on the basis of Cost of the Subcontractor, or anyone directly or Work plus a fee, the Subcontractor's Cost of indirectly employed by any of them or the Work and fee shall be determined in the for whose acts any of them may be same manner as CONTRACTOR's Cost of liable, and royalty payments and fees for the Work and fee as provided in this para- permits and licenses. graph 11.01. f. Losses and damages (and 4. Costs of special consultants related expenses)caused by damage to (including but not limited to ENGINEERS, the Work, not compensated by architects, testing laboratories, surveyors, insurance or otherwise, sustained by attorneys, and accountants)employed for CONTRACTOR in connection with the services specifically related to the Work. performance of the Work (except losses and damages within the deductible 5. Supplemental costs including the amounts of property insurance following: established in accordance with the Construction Contract. ParagFaph a. The proportion of necessary 5 95 D), provided such losses and transportation, travel, and subsistence damages have resulted from causes expenses of CONTRACTOR's other than the negligence of employees incurred in discharge of CONTRACTOR, any Subcontractor, or duties connected with the Work. anyone directly or indirectly employed rCity of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 33 H:\pdata\10104453Wdmin\spec\Front End\Part IIB—General Conditions.doc by any of them or for whose acts any of 2. Expenses of CONTRACTOR's them may be liable. Such losses shall principal and branch offices other than include settlements made with the CONTRACTOR's office at the Site. written consent and approval of OWNER. No such losses, damages, 3. Any part of CONTRACTOR's capital and expenses shall be included in the expenses, including interest on Cast of the Work for the purpose of CONTRACTOR's capital employed for the determining CONTRACTOR's fee. Work and charges against CONTRACTOR for delinquent payments. g. The cost of utilities,fuel, and sanitary facilities at the Site. 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or -- h. Minor expenses such as tele- anyone directly or indirectly employed by grams, long distance telephone calls, any of them or for whose acts any of them telephone service at the Site, may be liable, including but not limited to, expressage, and similar petty cash the correction of defective Work, disposal of items in connection with the Work. materials or equipment wrongly supplied, and making good any damage to property. i. When the Cost of the Work is used to determine the value of a 5. Other overhead or general expense Change Order or of a Claim, the cost of costs of any kind and the costs of any item premiums for additional Bonds and not specifically and expressly included in — insurance required because of the paragraphs 11.01.A and 11.01.6. changes in the Work or caused by the event giving rise to the Claim. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, — j. When all the Work is performed CONTRACTOR's fee shall be determined as set on the basis of cost-plus, the costs of forth in the Agreement. When the value of any premiums for all Bonds and insurance Work covered by a Change Order or when a _ CONTRACTOR is required by the Claim for an adjustment in Contract Price is Contract Documents to purchase and determined on the basis of Cost of the Work, maintain. CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. B. Costs Excluded:The term Cost of the Work shall not include any of the following items: D. Documentation: Whenever the Cost of the Work for any purpose is to be determined 1. Payroll costs and other pursuant to paragraphs 11.01.A and 11.01.13, compensation of CONTRACTOR's officers, CONTRACTOR will establish and maintain re- executives, principals (of partnerships and cords thereof in accordance with generally sole proprietorships), general managers, accepted accounting practices and submit in a ENGINEERS, architects, estimators, attor- form acceptable to ENGINEER an itemized cost neys, auditors, accountants, purchasing and breakdown together with supporting data. contracting agents, expediters, timekeepers, _ clerks, and other personnel employed by 11.02 Cash Allowances CONTRACTOR, whether at the Site or in A. It is understood that CONTRACTOR CONTRACTOR's principal or branch office has included in the Contract Price all allowances for general administration of the Work and so named in the Contract Documents and shall not specifically included in the agreed upon cause the Work so covered to be performed for schedule of job classifications referred to in such sums as may be acceptable to OWNER paragraph 11.01.A.1 or specifically covered and ENGINEER. CONTRACTOR agrees that: by paragraph 11.01.A.4, all of which are to be considered administrative costs covered 1. the allowances include the cost to by the CONTRACTOR's fee. CONTRACTOR(less any applicable trade discounts) of materials and equipment - required by the allowances to be delivered at the Site, and all applicable taxes; and City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 34 H:\pdata\10104453\Admin\spec\Front End\Part JIB—General Conditions.doc 3. if CONTRACTOR believes that ' 2. CONTRACTOR's costs for CONTRACTOR is entitled to an increase in unloading and handling on the Site, labor, Contract Price as a result of having incurred installation costs, overhead, profit, and other additional expense or OWNER believes that expenses contemplated for the allowances OWNER is entitled to a decrease in have been included in the Contract Price Contract Price and the parties are unable to and not in the allowances, and no demand agree as to the amount of any such increase ' for additional payment on account of any of or decrease. the foregoing will be valid. 11.04 Cost of Work(Based on Time Materials, B. Prior to final payment, an appropriate and Equipment and CONTRACTOR's Change Order will be issued as recommended Overhead and Profit): by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by A. General: The term "Cost of Work"shall ' allowances, and the Contract Price shall be mean the sum of all costs necessarily incurred correspondingly adjusted. and paid by the CONTRACTOR for labor, materials, and equipment plus CONTRACTOR's 11.03 Unit Price Work overhead, and profit in the proper performance of Work. Except as otherwise may be agreed to A. Where the Contract Documents provide in writing by the OWNER, such costs shall be in that all or part of the Work is to be Unit Price amounts no higher than those prevailing in the ' Work, initially the Contract Price will be deemed locality of the Project. to include for all Unit Price Work an amount equal to the sum of the unit price for each B. Labor: The cost of labor used in separately identified item of Unit Price Work performing Work by the CONTRACTOR, a times the estimated quantity of each item as Subcontractor, or other forces will be the sum of indicated in the Agreement. The estimated the following: quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of 1. The actual wages paid plus any comparison of Bids and determining an initial employer payments to, or on behalf of Contract Price. Determinations of the actual Workers for fringe benefits including quantities and classifications of Unit Price Work health and welfare, pension, vacation, performed by CONTRACTOR will be made by and similar purposes. The cost of labor ENGINEER subject to the provisions of may include the wages paid to foremen paragraph.9.08. when determined by the ENGINEER ' that the services of foremen do not B. Each unit price will be deemed to constitute a part of the overhead include an amount considered by allowance as defined in Article 11.06, CONTRACTOR to be adequate to cover herein. CONTRACTOR's overhead and profit for each separately identified item. 2. To the actual wages, as defined in paragraph 11.0413(1), herein, will be C. OWNER or CONTRACTOR may make added a labor surcharge set forth in the a Claim for an adjustment in the Contract Price California Department of Transportation in accordance with the Construction Contract. publication entitled Labor Surcharge and paFagFaph 10:95 if: Equipment Rates, which is in effect on 11. the quantity of any item of Unit Price the date upon which the Work is Work performed by CONTRACTOR differs accomplished and which is hereby materially and significantly from the included as a part of these General estimated quantity of such item indicated in Conditions by this reference thereto. the Agreement; and Said labor surcharge shall constitute full compensation for all payments imposed 2. there is no corresponding adjust- by the State and Federal laws and for all ment with respect any other item of Work; other payments made to, or on behalf and of, the Workers, other than actual wages as defined in paragraph 11.046(1), rCity of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 35 H:\pdata\10104453\Admin\spec\Front End\Part 1113—General Conditions.doc herein, and subsistence and travel CONTRACTOR for costs, overhead, _ allowance as specified in paragraph and profit on such materials. 11.04B(3), herein. D. Equipment: The CONTRACTOR will be 3. The amount paid for subsistence and paid for the use of equipment at the rental rate — travel required by collective bargaining listed for such equipment specified in the agreements, or in accordance with the Supplementary General Conditions. Such rental regular practice of the employer. rate will be used to compute payments for _ equipment whether the equipment is under the At the beginning of the extra work and as later CONTRACTOR's control through direct requested by the ENGINEER, the OWNERSHIP, leasing, renting, or another CONTRACTOR shall furnish the ENGINEER method of acquisition. The rental rate to be — proof of labor compensation rates being paid. applied for use of each items of equipment shall be the rate resulting in the least total cost to the C. Materials: The cost of materials used in OWNER for the total period of use. If it is performing Work will be the cost to the deemed necessary by the CONTRACTOR to purchaser, whether CONTRACTOR or use equipment not listed in the foregoing Subcontractor, from the supplier thereof, except publication, an equitable rental rate for the as the following are applicable: equipment will be established by the ENGINEER. The CONTRACTOR may furnish 1. Trade discounts available to the cost data which might assist the ENGINEER in purchaser shall be credited to the the establishment of the rental rate. _ OWNER notwithstanding the fact that such discounts may not have been 1. All equipment shall, in the opinion of the taken by the CONTRACTOR. ENGINEER, be in good working condition and suitable for the purpose 2. For materials secured by other than a for which the equipment is to be used. direct purchase and direct billing to the purchaser, the cost shall be deemed to 2. Before construction equipment is used _ be the price paid to the actual supplier on the extra Work, the CONTRACTOR as determined by the ENGINEER. shall plainly stencil or stamp an Markup except for actual costs incurred identifying number thereon at a in the handling of such materials will not conspicuous location, and shall furnish be allowed. to the ENGINEER, in duplicate, a description of the equipment and its 3. Payment for materials from sources identifying number. _ owned wholly or in part by the purchaser shall not exceed the price paid by the 3. Unless otherwise specified, purchaser for similar materials from said manufacturer's ratings and manufacturer sources on extra work items or the approved modifications shall be used to current wholesale price for such classify equipment for the determination materials delivered to the Work site, of applicable rental rates. Equipment whichever price is lower. which has no direct power unit shall be — powered by a unit of at least the 4. If in the opinion of the ENGINEER the minimum rating recommended by the cost of material is excessive, or the manufacturer. CONTRACTOR does not furnish satisfactory evidence of the cost of such 4. Individual pieces of equipment or tools material, then the cost shall be deemed having a replacement value of$200 or to be the lowest current wholesale price less, whether or not consumed by use, — for the quantity concerned delivered to shall be considered to be small tools the Work site less trade discount. The and no payment will be made therefor. OWNER reserves the right to furnish materials for the extra Work and no 5. Rental time will not be allowed while claim shall be made by the equipment is inoperative due to breakdowns. City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 36 H:\pdata\10104453Wdmin\spec\Front End\Part IlB_General Conditions.doc covered by such an agreement. A labor E. Equipment on the Work: The rental time surcharge will be added to the cost of to be paid for equipment on the Work shall be labor described herein in accordance the time the equipment is in productive operation with the provisions of paragraph 11.048, on the extra Work being performed and, in herein, which surcharge shall constitute addition, shall include the time required to move full compensation for payments imposed the equipment to the location of the extra Work by state and federal laws and all other and return it to the original location or to another payments made to on behalf of workers location requiring no more time than that other than actual wages. required to return it to its original location; except, that moving time will not be paid if the 6. To the direct cost of equipment rental ' equipment is used on other than the extra Work, and labor, computed as provided herein, even though located at the site of the extra will be added the allowances for Work. Loading and transporting costs will be equipment rental and labor as provided ' allowed, in lieu of moving time,when the in Article 11.06 herein. equipment is moved by means other than its own power, except that no payment will be 11.05 Special Services: made for loading and transporting costs when the equipment is used at the site of the extra A. Special Work or services are defined as Work on other than the extra Work. The that Work characterized by extraordinary following shall be used in computing the rental complexity, sophistication, or innovation or a time of equipment on the Work, combination of the foregoing attributes which are unique to the construction industry. The 1. When hourly rates are listed, any part of following may be considered by the ENGINEER an hour less than 30 minutes of in making estimates for payment for special operation shall be considered to be services: 1/2-hour of operation, and any part of an hour greater than 30 minutes will be 1. When the ENGINEER and the considered one hour of operation. CONTRACTOR, by agreement, determine that a special service or Work 2. When daily rates are listed, any part of a is required which cannot be performed day less than 4 hours operation shall be by the forces of the CONTRACTOR or considered to be 1/2-day of operation. those of any of its Subcontractors,the special service or Work may be 3. When OWNER-operated equipment is performed by an entity especially skilled used to perform extra Work to be paid in the Work to be performed. After for on a time and materials basis, the validation of invoices and determination CONTRACTOR will be paid for the of market values by the ENGINEER, equipment and operator, as set forth in invoices for special services or Work Subparagraphs (4), (5), and (6), based upon the current fair market value following: thereof may be accepted without complete itemization of labor, material, 4. Payment for the equipment will be made and equipment rental costs. in accordance with the provisions in paragraph 11.04D, herein. 2. When the CONTRACTOR is required to perform Work necessitating special 1 5. Payment for the cost of labor and fabrication or machining process in a subsistence or travel allowance will be fabrication or a machine shop facility made at the rates paid by the away from the job site, the charges for CONTRACTOR to other workers that portion of the Work performed at operating similar equipment already on the off-site facility may, by agreement, the Work, or in the absence of such be accepted as a special service and labor, established by collective accordingly, the invoices for the Work bargaining agreements for the type of may be accepted without detailed workers and location of the extra work, itemization. whether or not the operator is actually City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 37 H:\pdata\10104453\Admin\spec\Front End\Part 1113—General Conditions.doc 3. All invoices for special services will be behalf of the CONTRACTOR. When all or any adjusted by deducting all trade part of the extra Work is performed by a discounts offered or available, whether Subcontractor, the allowance specified herein the discounts were taken or not. In lieu shall be applied to the labor, materials, and of the allowances for overhead and equipment costs of the Subcontractor,to which profit specified in Article 11.06, herein, the CONTRACTOR may add 5 percent of the an allowance of 5 percent will be added Subcontractor's total cost for the extra Work. to invoices for special services. Regardless of the number of hierarchical tiers of Subcontractors, the 5-percent increase above B. All Work performed hereunder shall be the Subcontractor's total cost which includes the subject to all of the provisions of the Contract allowances for overhead and profit specified Documents and the CONTRACTOR's sureties herein may be applied one time only for each - shall be bound with reference thereto as under separate Work transaction. No markup the original Agreement. Copies of all allowance will be made for sub-subcontractors amendments to surety bonds or supplemental or below. surety bonds shall be submitted to the OWNER for review prior to the performance of any Work hereunder. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES - 11.06 CONTRACTOR's Overhead and Profit: A. Work ordered on the basis of time and materials will be paid for at the actual necessary 12.01 Change of cost as determined by the ENGINEER, plus allowances for overhead and profit. For extra work involving a combination of increases and — decreases in the Work the actual necessary cost will be the arithmetic sum of the additive and deductive costs. The allowance for overhead submitted by the paFty making the Claim to the _ and profit shall include full compensation for superintendence, bond and insurance premiums,taxes, office expense, and all other 4&05 items of expense or cost not included in the cost of labor, materials, or equipment provided for 13. The value of any WeFk GeveFed by a under Paragraphs 11.04B, 11.04C, and 11.04D, herein including extended overhead and home office overhead. The allowance for overhead feNews and profit will be made in accordance with the following schedule: ACTUAL OVERHEAD AND NECESSARY COST PROFIT _ ALLOWANCE 4 4.03 );eF Labor Materials 20 percent 2. wheF6 the WGFk not Gov Equipment 15 percent — Subcontracts (1"tier) 15 percent DOGUFAents, by a mullually agreed lump sum 5 percent B. It is understood that labor, materials, and equipment may be furnished by the CONTRACTOR or by the Subcontractor on — City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 38 H:\pdata\10104453\Hdmin\spec\Front End\Part IIB-General Conditions.doc ' the hgrmg of the Cost of the Work CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. I13.03 Tests and Inspections G. GQNTR.4GTQR;9 Fee., The A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and 41013 shall cooperate with inspection and testing personnel to facilitate required inspections or 12.02 Change of Contract Times tests. A. The Contract Times (or Milestones) may B. OWNER shall employ and pay for the ' only be changed by a Change Order or by a services of an independent testing laboratory to Written Amendment. Any Claim for an perform all inspections, tests, or approvals adjustment in the Contract Times (or Milestones) required by the Contract Documents except: shall be based on written notice submitted by ' the party making the claim to the ENGINEER 1. for inspections, tests, or approvals and the other party to the Contract in covered by paragraphs 13.03.0 and 13.03.D accordance with the provisions of the below; Construction Contract. paFagraph 3885. 2. that costs incurred in connection B. Any adjustment of the Contract Times with tests or inspections conducted pursuant (or Milestones)covered by a Change Order or of to paragraph 13.04.13 shall be paid as any Claim for an adjustment in the Contract provided in said paragraph 13.04.8; and Times (or Milestones)will be determined in accordance with the provisions of this Article 12 3. as otherwise specifically provided in and the Construction Contract. the Contract Documents. C. If Laws or Regulations of any public ARTICLE 13 - TESTS AND INSPECTIONS; body having jurisdiction require any Work (or CORRECTION, REMOVAL, OR ACCEPTANCE part thereof) specifically to be inspected, tested, OF DEFECTIVE WORK or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, 13.01 Notice of Defects tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required A. Prompt notice of all defective Work of certificates of inspection or approval. which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All D, CONTRACTOR shall be responsible for defective Work may be rejected, corrected, or arranging and obtaining and shall pay all costs accepted as provided in this Article 13. in connection with any inspections, tests, or approvals required for OWNER's and 13.02 Access to Work ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or A. OWNER, ENGINEER, Design acceptance of materials, mix designs, or Engineers, other representatives and personnel equipment submitted for approval prior to of OWNER, independent testing laboratories, CONTRACTOR's purchase thereof for and governmental agencies with jurisdictional incorporation in the Work. Such inspections, interests will have access to the Site and the tests, or approvals shall be performed by Work at reasonable times for their observation, organizations acceptable to OWNER and inspecting, and testing. CONTRACTOR shall ENGINEER. provide them proper and safe conditions for such access and advise them of City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 39 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc E. If any Work (or the work of others) that therefor as provided in the Construction is to be inspected, tested, or approved is Contract. paragraph 10.05. - covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested 13.05 OWNER May Stop the Work by ENGINEER, be uncovered for observation. A. If the Work is defective, or F. Uncovering Work as provided in CONTRACTOR fails to supply sufficient skilled paragraph 13.03.E shall be at CONTRACTOR's workers or suitable materials or equipment, or expense unless CONTRACTOR has given fails to perform the Work in such a way that the ENGINEER timely notice of CONTRACTOR's completed Work will conform to the Contract intention to cover the same and ENGINEER has Documents, OWNER may order CONTRACTOR not acted with reasonable promptness in to stop the Work, or any portion thereof, until the - response to such notice. cause for such order has been eliminated; however, this right of OWNER to stop the Work 13.04 Uncovering Work shall not give rise to any duty on the part of — OWNER to exercise this right for the benefit of A. If any Work is covered contrary to the CONTRACTOR, any Subcontractor, any written request of ENGINEER, it must, if Supplier, any other individual or entity, or any requested by ENGINEER, be uncovered for surety for, or employee or agent of any of them. — ENGINEER's observation and replaced at CONTRACTOR's expense. 13.06 Correction or Removal of Defective Work _ B. If ENGINEER considers it necessary or advisable that covered Work be observed by A. CONTRACTOR shall correct all ENGINEER or inspected or tested by others, defective Work, whether or not fabricated, CONTRACTOR, at ENGINEER's request, shall installed, or completed, or, if the Work has been — uncover, expose, or otherwise make available rejected by ENGINEER, remove it from the for observation, inspection, or testing as Project and replace it with Work that is not ENGINEER may require, that portion of the defective. CONTRACTOR shall pay all Claims, _ Work in question, furnishing all necessary labor, costs, losses, and damages (including but not material, and equipment. If it is found that such limited to all fees and charges of ENGINEERS, Work is defective, CONTRACTOR shall pay all architects, attorneys, and other professionals Claims, costs, losses, and damages (including and all court or arbitration or other dispute but not limited to all fees and charges of resolution costs)arising out of or relating to such ENGINEERS, architects, attorneys, and other correction or removal (including but not limited to professionals and all court or arbitration or other all costs of repair or replacement of work of dispute resolution costs) arising out of or relating others). to such uncovering, exposure, observation, inspection, and testing, and of satisfactory 13.07 Correction Period replacement or reconstruction (including but not limited to all costs of repair or replacement of A. If within one year after the date of work of others); and OWNER shall be entitled to Substantial Completion or such longer period of an appropriate decrease in the Contract Price. If time as may be prescribed by Laws or Regula- the parties are unable to agree as to the amount tions or by the terms of any applicable special thereof, OWNER may make a Claim therefor as guarantee required by the Contract Documents provided in the Construction Contract. or by any specific provision of the Contract paragraph 10 05 If, however, such Work is not Documents, any Work is found to be defective, found to be defective, CONTRACTOR shall be or if the repair of any damages to the land or allowed an increase in the Contract Price or an areas made available for CONTRACTOR's use extension of the Contract Times (or Milestones), by OWNER or permitted by Laws and — or both, directly attributable to such uncovering, Regulations as contemplated in paragraph exposure, observation, inspection, testing, 6.11.A is found to be defective, CONTRACTOR replacement, and reconstruction. If the parties shall promptly, without cost to OWNER and in are unable to agree as to the amount or extent accordance with OWNER's written instructions: thereof, CONTRACTOR may make a Claim (1) repair such defective land or areas, or (ii) correct such defective Work or, if the defective City of San Juan Capistrano CONDITIONS OF THE CONTRACT _ 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 40 H:\pdata\10104453\Admin\spec\Front End\Part IIB-General Conditions.doc Work has been rejected by OWNER, remove it and all court or arbitration or other dispute from the Project and replace it with Work that is resolution costs) attributable to OWNER's not defective, and (iii) satisfactorily correct or evaluation of and determination to accept such repair or remove and replace any damage to defective Work (such costs to be approved by other Work, to the work of others or other land or ENGINEER as to reasonableness) and the areas resulting therefrom. If CONTRACTOR diminished value of the Work to the extent not does not promptly comply with the terms of such otherwise paid by CONTRACTOR pursuant to instructions, or in an emergency where delay this sentence. If any such acceptance occurs would cause serious risk of loss or damage, prior to ENGINEER's recommendation of final OWNER may have the defective Work corrected payment, a Change Order will be issued or repaired or may have the rejected Work re- incorporating the necessary revisions in the moved and replaced, and all Claims, costs, Contract Documents with respect to the Work, losses, and damages (including but not limited and OWNER shall be entitled to an appropriate to all fees and charges of ENGINEERS, decrease in the Contract Price, reflecting the architects, attorneys, and other professionals diminished value of Work so accepted. If the and all court or arbitration or other dispute parties are unable to agree as to the amount resolution costs) arising out of or relating to such thereof, OWNER may make a Claim therefor as correction or repair or such removal and provided in the Construction Contract. replacement(including but not limited to all costs paragraph 10.05. If the acceptance occurs after of repair or replacement of work of others) will such recommendation, an appropriate amount be paid by CONTRACTOR. will be paid by CONTRACTOR to OWNER. B. In special circumstances where a 13.09 OWMER May Correct Defective Work particular item of equipment is placed in continu- ous service before Substantial Completion of all A. If CONTRACTOR fails within a reason- the Work, the correction period for that item may able time after written notice from ENGINEER to start to run from an earlier date if so provided in correct defective Work or to remove and replace the Specifications or by Written Amendment. rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if C. Where defective Work (and damage to CONTRACTOR fails to perform the Work in other Work resulting therefrom) has been accordance with the Contract Documents, or if corrected or removed and replaced under this CONTRACTOR fails to comply with any other paragraph 13.07, the correction period provision of the Contract Documents, OWNER hereunder with respect to such Work will be may, after seven days written notice to extended for an additional period of one year CONTRACTOR, correct and remedy any such after such correction or removal and re- deficiency. placement has been satisfactorily completed. B. In exercising the rights and remedies 0. CONTRACTOR's obligations under this under this paragraph, OWNER shall proceed ' paragraph 13.07 are in addition to any other expeditiously. In connection with such correc- obligation or warranty. The provisions of this tive and remedial action, OWNER may exclude paragraph 13.07 shall not be construed as a CONTRACTOR from all or part of the Site, take substitute for or a waiver of the provisions of any possession of all or part of the Work and applicable statute of limitation or repose. suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's 13.08 Acceptance of Defective Work tools, appliances, construction equipment and machinery at the Site, and incorporate in the A. if, instead of requiring correction or Work all materials and equipment stored at the removal and replacement of defective Work, Site or for which OWNER has paid OWNER (and, prior to ENGINEER's CONTRACTOR but which are stored elsewhere. recommendation of final payment, ENGINEER) CONTRACTOR shall allow OWNER, OWNER's prefers to accept it, OWNER may do so. representatives, agents and employees, CONTRACTOR shall pay all Claims, costs, OWNER's other CONTRACTORS, and losses, and damages (including but not limited ENGINEER and Design Engineers access to the to all fees and charges of ENGINEERS, Site to enable OWNER to exercise the rights architects, attorneys, and other professionals and remedies under this paragraph. ' City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 41 H:\pdata\10104453\Admin\spec\Front End\Part 1113_General Conditions.doc D. CONTRACTOR shall not be allowed an C. All Claims, costs, losses, and damages extension of the Contract Times (or Milestones) (including but not limited to all fees and charges because of any delay in the performance of the of ENGINEERS, architects, attorneys, and other Work attributable to the exercise by OWNER of professionals and all court or arbitration or other OWNER's rights and remedies under this — dispute resolution costs) incurred or sustained paragraph 13.09. by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR, and a Change Order will be issued incorporating the necessary ARTICLE 14 PAYMENTS TO GONTRAGTOR revisions in the Contract Documents with €T[ respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, _ OWNER may make a Claim therefor as provided in the Construction Contract. paragFaph 10.05. Such claims, costs, losses and damages will A. On lump sum Gen#arAs,the aGhadule at include but not be limited to all costs of repair, or values established as pFevided on paraffaph replacement of work of others destroyed or 2.07.A will serve as the basis fGF PFGgFS66 damaged by correction, removal, or replacement of CONTRACTOR's defective Work. paymeRts and all WOFk Will be paid feF at the shall iRG!ude an affidavit of GGNTRACTOR FOGBived on aGGeunt of the We*have been 4 At 'Rest:20 clays before the date established f9F eaGh PFG@ress payment(but Payment. GGISIT-RACT-OR shall submit to 9INIGINE-E-14 �. the Werk GOMpleted as of the date ef the Y.G@FeSS payment. City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 42 H:\pdata\10104453\Admin\spec\Front End\Part IIB-General Conditions.doc signed te ENGINEER In the C9AtFaGt DOGU 4. ENGINEER Will, Wmthk; 10 days Might 8Rtitle - - - - e-pawd FeG@'Pt of eaGh AppliGatlen feF Payment, additionally by OWNER eF entitle Q�AOIE-R sent the 4PPliGatien fe the 149* OF o ENGINEERS 8114 toren of SGhedule6, that te the best ef ENGINE OF f9F What puirposes GONTIRAGTOR has I �iAna geReFally 'A aGGGFdanse with the 5- RINC-INIEPR may refuse t9 FeGGRI- . . paymeRt aPPe8F t9 have been fulfilled 6R a. the We* Is d9feGtiYe, 9 deemed te have FepFesBRted that (1) ORSPeG ChaRge OFdBr6; City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 43 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc - ------ - - - - - - -- - - - -- -- - - - - - -- -- -- -MM- - - MW --- - --- -- - -- - - - - - - - --- - - - - - - - - . •- .................- _. . - -- -- - - - - ---- - -- - - - - - -- - - -- -- - - - -- - -- - - - -- - - - - . . - -- . - - -- - - - - - - - - - - - . - - - - - - - - - . - - - - - - -- - - - - -- - - - - - -- - - - - - - - - - - - - - - • . - - - - -- --- - --- - -- - - - -- - - - - - -- -- - - - _ . ---- - - -- - -- - - - - - - -- - --- - - - - - - - -- - - - - - - . - - - - tentative GeAmfirate ef Substantial Completion SUGh FOqUeSt, OWNER, GONT-RACT-ORr 1 ENGINEER JII de'aye,to OWNER and 1 1 r the PFOOSIGIRS 9f ENGINEER in ur:.inn a:a..a ENGINEapply With FeSPS thRFRtA 11F r11FFeGt items OR the tentati.... IffistiSubstan tial GemplatiaR, but OWNER shall allew GOMpliallGe With the FBqUmFements a 14.06 44.06 FinalinspeGtieR RM 1. 0WPIERataRy*n9FnaYF8qUerA A. Apiageation for Fa)"en ENGINEER that suGh part Of the WQFk ;411 maintenanne And OpeFeting in6tFUGtiGF*-, 1 1 1 1 r 1 1 1 .._ eGume Substantial naFt of the ef .:d dr nh FRBFked 61P nd a.ha. Ratify OWNER and ENGINEER: ..tin 1 1 wmeRts, GGAIT-RAGT-OR may make City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 45 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc 1 2. The final AppliGatmQl;fQF Payment and final mRspeGtmeR,and ENG'01999s delivered) by (1) all GIOGUFnentatiGR Galle and aGGOMpanying deGumentatieR as FB- Gamplete and legally 8ffeGfiY FAIRR�A� AF have been fulfilled, PINGINEER 411, within and pFesent the Appliration f49F Payment to 2. GWINER fei;payment. At the same time- Liens SpeGified 'R paFa9miah 4 4.07.A.2 ENGINEER w�" also odye wrltten Fintorp In 9F Suppliei:fails W fUFA;Sh swh a release 9F GWNER's governing bedy, the OWNER " fy OWNER againrA any p;19F payments and all amounts%9 be kept f if, on the bas' of PIGI EER'„ a. G. Piq)qnent BeGenges Due Liquidated damages, as appliGable pregress paffeat a. Wathhe4R9 Of One and ORA- due and, when due, will be paid by OW half times the va'ue of am to CONTRACTOR, satlsfaviieR of the OWNER with's delayed, and if ENGINEER so cep&ms, heFeby waive any and All claims to teFminating the AgFeement, make payment all Fnenmes withheld by the OWNrr.R the ba'BAGe due f9F that portion of the Welck full unsemplated er unneppented halmne In be held by OWNER for War*not full ramMeted 9F rerfAntAd in IRAs thaR the City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 46 H:\pdata\10104453\Admin\spec\Front End\Part IIB General Conditions.doc 1 t1Retaimage stipulated in the AgF%MeRt, and Fesume the WG* 9A the date so fixed, Rnndg hmva been fUFR'shed or FequiFed OF;M CONTRACTOR shall be allowed aR aEq11rtFAeA ef the We*fully Gemplated and aGG8ptRd shall aRy SUGh suspension if GQNTRAGT-QR makes a Claim ��: I t 14.09 W-aA,eretclaings 1. a wamyeF Of 811 Claims by OWNER it miill he deemed- te have been validly @iven of 1 1 aPUFSuaRt W PaFaqFaph 44.06, ftem fai'UF mall, pestage PIPepaid, to the last businessp I t 1 I A. When any peFied of time F8 f4BFFRd tA in still URsettled. -al h9liday by the law ef the GlaiFAS agaiFist the OWNER by vi Disputed GentFant dalms mi; stated ameuRts ma these General GORG141GAS and the r4ghts and be exGluded by the GGISITRACT-OR from the FSFAed'as available heFeURdeF te the pa .A.RT-ICI-r 15 - 21-ISPEPISION ()r WORK AND them whoeh aFe ethwwise imposed OF available 1w"' be as effeGfive as of FBpeated SPeGiftally OR t 15.01 014WE-R A,%,Suspend 144P the CARtFACt [)8GWFn8At6 4R GenReGtien eanh ��: IENGINEER wh'Gh --y"' fix the data nn %qhiGh 1 a peried of not mere than 00 RARGOGUtiVe days VV9Fk will be Fegumpd. =NIT-RA.( City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 47 H:\pdata\10104453\Admin\spec\Front End\Part IIB General Condibons.doc i by, eF given iR AGGAFGIARGe With the contrant I Will GOFSPIY with swGh PFGY*S'GRs befeFS tet= sa%isfacAeFy evideRee that It has asGured In the law of the State Pf Calif4amma payment Of WeFlieFe'Gampensatien. 4703 . ARTICLE 17.-- CALIFORNIA LEGAL REQUIREMENTS 17.01 State "ge Detem4natiens: 47.04 l44q*ingHaiPa;* A. As FeqU'Fed by SeGtiens 4 770 and CONTRACTOR shall pay not less tl;RR tl;R all apPliGable PFGV06dGR6 ef SBG4GA 1810 tO ffevailmRg Fate ef peF diem wage6 as determi.ned 4945, iRGIUsive, ef the Gal'fGFF;'a Lab8F Code Fate of peF diem wages aFe en file at the effiG8 0 f49F eaGh wadw employed In the exeGUtiOR ef the the OWNER,WhiGh Ggpies 6hall be made GGRtF;aGt by the CONT-RAGTOR GF by any sub and 40 h(4149 in ARY GRO Galendar week, unless R. ThA CONTRACTOR shall, a6 a peRa4y SUGh WeFk FSGeives GempeRsatien fol:all hours day, 9F PeAOR theFeaf, fOF eaGh WOF'(eF paid less I I.Q tomAR the ba6'G Fate of pay; than the ffevailing Fates as datermiRed by the K494cers'Gompensatiew 694,A.9, No. 3416, Stats. of 4990), the CONTRACTOR Ahall Pat be FeSPOR60ble fGF the S849R 3700 Of thA GA14GFROR 1-aher Code, the Work wh'Gh damage is deteFFRORed te have been that the�4wk damaged war built qR aGGGFdAAC;A GeRtFaG!, the CONTRACTOR shall BiqR and file and the plans and SpeGiftatleRS at the G%AiNF-R. &RdeFAR'fy the OWNER for any damage to the be iRSUFed against liability fqF weF Rnhedule 159F the W8Fk. POF PUFPeser of this City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 48 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc 3.5 on the Rmshte�Seale, and We' waves. CONT-PACT-OR FRay substitute seGuinilies fo any FReney withheld by the OWNER to 17.06 Notice of Completion: A In accordance with the Sections 3086 equivalent to the amount withheld shall he and 3093 of the California Civil Code, within 10 deposited with the 0-A-Wr-R OF With a state 0'F 1 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. 17.07 Unpaid Claims: d by the OWNER behyeen the A If, at any time prior to the expiration of the period for service of a Stop Notice, there is that Re paFtien of the rAGl-lFitiQA shall be paid to served upon the OWNER a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the OWNER shall, until the discharge thereof, OWNER will net GeFfify that the G9Fl#aGt has withhold from the moneys under its control so been satiSfaGleFily GGFnpleted URI" at least 30 much of said moneys due or to become due the days afteF filing by the OWNER of a NefiGe of CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of be limited to these listed iR 8991169A 16430 Of the any litigation thereunder; provided, that if the ENGINEER shall, in its discretion, permit the . CONTRACTOR to file with the OWNER the bond referred to in Section 3196 of the Civil 17.10 Public Works Contracts;Assignment to Code of the State of California, said moneys Awarding Body. shall not thereafter be withheld on account of such Stop Notice. A In accordance with Section 7103 of the California Public Contract Code (Stats. of 1990), 17.08 Concrete Forms, Falsework, and the CONTRACTOR and Subcontractors shall Shoring: conform to the following requirements. In entering into a public works contract or a The CONTRACTOR shall comply fully with the subcontract to supply goods, services, or requirements of Section 1717 of the materials pursuant to a public works contract, Construction Safety Orders, State of California, the CONTRACTOR or subcontractor offers and Department of Industrial Relations, regarding the agrees to assign to the awarding body all rights, design of concrete forms,falsework and shoring, title, and interest in and to all causes of action it and the inspection of same prior to placement of may have under Section 4 of the Clayton Act(15 concrete. Where the said Section 1717 requires U.S.C. Sec. 15)or under the Cartwright Act the services of a civil ENGINEER registered in (Chapter 2 (commencing with Section 16700)of the State of California to approve design Part 2 Division 7 of the Business and calculations and working drawings of the Professions Code), arising from purchases of falsework or shoring system, or to inspect such goods, services, or materials pursuant to the system prior to placement of concrete, the public works contract or the subcontract. This CONTRACTOR shall employ a registered civil assignment shall be made and become effective ENGINEER for these purposes, and all costs at the time the awarding body tenders final therefor shall be included in the price named in payment to the CONTRACTOR,without further the Contract for completion of the Work as set acknowledgment by the parties. forth in the Contract Documents. 47 99 Retainage &:em Mbnth4,Payments I City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS- PAGE 49 H:\pdata\10104453\Admin\spec\Front End\Part IIB—General Conditions.doc 1 sertifiedee a records;eatlmerated in Regulations: eFeir witty the entity that — A Each CONTRACTOR and FeGard, show ng the Rame, address, seGial D A#;y ropy Of FBcords made available for week, and the aGtual peF diem wages pald to awai:dinq body,the Divisiei; of AppFentiGeship with the publiG - 66IGh a FnaAA9F as to PFevent disdeswe Of RR - at the PFiRGipal 9906e of the GONTRAQ-T-OR AR obliterated: Fm The CONTRACTOR nhall iRfOrm the address 2. serds eAur»erated i ereia Fin the event of neRsempiiaRGe with the furnished UPGA Feque6t to a GOPIT-RAGTOR shall have 10 days in whirh to the DepwtmeRt of IndustFial Relations PeFmod, the CONTIR-A.GTOR shall, as a penalty to 3. 4 serti#ied�e Of B. • �reserds , feFfeit 25 *eawaerated i eHFR , shall be made available upon request by . . ..1 StFirt Gemplianre is Bi>Fisien e€ Fequest by the publin shall he made jaFds ERfwaement, these penalties due, _ StAR RM-6- EaRfONG-A-ment. G Cepy of all payrolls shall be submitted Fequested payFe" FSGGFds have not been weekly te the ENGINEER. Payrolls shall contain GQNT-RACT-OR, 6UbGGAtFaGteF6, and made and antual mcages paid. They shall girn made. The pub!;G shall not be given jeumeymeA. The employee's address and City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 50 H:\pdata\10104453\Admin\spec\Front End\Part IIB-General Conditions.doc from the shoring system standards established by the Construction Safety Orders of the 1 Division of Industrial Safety, the plan shall be prepared by a registered civil or structural ENGINEER employed by the CONTRACTOR, R fGrPnS fl-IFRished by the OWNER GF OR ally and all costs therefor shall be included in the price named in the Contract for completion of CONTRACTOR she'! be F86POARNA fOF the the Work as set forth in the Contract 1hFAiG6iGR Of GOP086 Of PaYF0116 Of all Documents. Nothing in this Section shall be ' sabsentrasters deemed to allow the use of a shoring, sloping, or other protective system less effective than that M if by the 4 5th of the Frienth, the required by the Construction Safety Orders. CONTRACTOR has not subm'tted satisfaGtG.Q' Nothing in this Section shall be construed to impose tort liability on the OWNER, ENGINEER, or any of their officers, agents, representatives, that menth, the OWNER will FetaiR an RFRa Ant or employees. shall Rat exGeed $40,900 ROF 198 less thaA A AS FequiFed by SBGtign 47-73.8 9f the $4,000. Retentions fGF fa;'UFB te submi Gal'fgFn'a LabeF Code the CONTRACTOR shall next fallowing the data that all the GAtirfaGtG GFaft, GlarsiftatieR OF tYP8 of workman needed 17.12 Cultural Resources: 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 19 days after their exeg'Aini; and thweafter shall as specified under Section entitled, "Temporary Environmental Controls" of the General %vheneveF filed 20 days PF19F t9 the Gall f9F bids. Requirements. 17.15 Removal, Relocation, or Protection 17.13 Protection of Workers in Trench of Existing Utilities: Excavations: A In accordance with the provisions of A As required by Section 6705 of the Section 4215 of the California Government California Labor Code and in addition thereto, Code, any contract to which a public agency as whenever work under the Contract involves the defined in Section 4401 is a party, the public excavation of any trench or trenches 5 feet or agency shall assume the responsibility, between I more in depth, the CONTRACTOR shall submit the parties to the contract, for the timely for acceptance by the OWNER or by a removal, relocation, or protection of existing registered civil or structural ENGINEER, main or trunkline utility facilities located on the i employed by the OWNER, to whom authority to site of any construction project that is a subject accept has been delegated, in advance of of the contract, if such utilities are not identified excavation, a detailed plan showing the design by the public agency in the plans and of shoring, bracing, sloping, or other provisions specifications made apart of the invitation for to be made for worker protection from the bids. The agency will compensate the hazard of caving ground during the excavation, CONTRACTOR for the costs of locating, of such trench or trenches. If such plan varies repairing damage not due to the failure of the City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 51 H:\pdata\l 0104453\Admin\spec\Front End\Part IIB—General Conditiions.doc CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities E The public utility, where they are the not indicated in the plans and specifications with OWNER, shall have the sole discretion to reasonable accuracy, and for equipment on the perform repairs or relocation work or permit the project necessarily idled during such work. CONTRACTOR to do such repairs or relocation work at a reasonable price. — B The CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was 17.16 Contracts for Digging Trenches or caused by the failure of the public agency or the Excavations;Notice on Discovery of Hazardous OWNER of the utility to provide for removal or Waste or Other Unusual Conditions, relocation of such utility facilities. Investigations; Change Orders;Effect on Contract - C Nothing herein shall be deemed to require the public agency to indicate the A As required under Section 7104 of the presence of existing service laterals or Public Contracts Code (Stats. of 1990), in any _ appurtenances whenever the presence of such public works contract of a local public entity utilities on the site of the construction project can which involves digging trenches or other be inferred from the presence of other visible excavations that extend deeper than four feet facilities, such as buildings, meter and junction below the surface shall be subject to the — boxes, on or adjacent to the site of the following conditions: The CONTRACTOR shall construction; provided, however, nothing herein promptly, and before the conditions specified in shall relieve the public agency from identifying Section 7104(a), therein, are disturbed, notify main or trunk lines in the plans and the public entity in writing, of any of the specifications. conditions described in Section 7104(a)(1) through 7104(a)(3).. D If the CONTRACTOR while performing the contract discovers utility facilities not identified by the public agency in the contract END OF GENERAL CONDITIONS plans or specifications, he or she shall immediately notify the public agency and utility in writing. City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 52 H:\pdata\10104453\Admin\spec\Front End\Part JIB-General Conditions.doc 1 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 "COOK'S RESERVOIR REPLACEMENT PROJECT," 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. Article-10 e# The following paragraph 1) shall be added to AFtiGle 504 of the G-e-ReFal GenditiGFIS; one year e)de 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: 1 City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 1 H:\pdata\10104453\Hdmin\spec\Front End\Part IIC_Supplementary General Conditions.doc H In addition to other provisions of Article 6.06 of the General Conditions, the Contractor shall perform not less than® 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® percent requirement shall be understood to refer to the Work, the value of which totals not less than the full Contract Price contract _ price. 6.08 Permits: Add the following paragraphs C and D to Article 6.08 of the General Conditions: 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 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 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). 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 City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 2 H:\pdata\10104453\Admin\spec\Front End\Part IIC_Supplementary General Conditions.doc 1 the Equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication: i "Labor Surcharge and Equipment Rental Rates" as published by the State of California, Department of Transportation, Sacramento, CA. i ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK i13.03 Tests and Inspections: iAdd 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. i ARTICLE 94 _ PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.02 Progress Payments; 1 . 1The arneunt of FetaiRage With FespeGt Ile PFOgFess payments shall be as URN the WGFk is 50 peFGent Gemplete; then, the QwneF FRay at Its 1 i iA. The Flamer reoeNes the right ter nstete up to 10 a eRt Fetainage of 1etheF speGifiG Gause f9F SUGh Fetainage. i 1 1 i City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 3 H:\pdata\10104453\Ndmin\spec\Front End\Part IIC_Supplementary General Conditions.doc i - END OF SUPPLEMENTARY GENERAL CONDITIONS - City of San Juan Capistrano CONDITIONS OF THE CONTRACT 14"Waterline Creek Crossing at Via Estenaga GENERAL CONDITIONS-PAGE 4 H:\pdata\10104453\Admin\spec\Front End\Part IIC_Supplementary General Conditions.doc ' nun 1961 1776 � ' City of San Juan Capistrano ' 14" Waterline Creek Crossing at Via Estenaga ' TECHNICAL SPECIFICATIONS Job No. 10104453 ' February 2006 CITY OF SAN JUAN CAPISTRANO 14" WATERLINE CREEK CROSSING AT VIA ESTENAGA TECHNICAL SPECIFICATIONS ' TABLE OF CONTENTS ' DIVISION 1- GENERAL REQUIREMENTS 01000 General Requirements 01000-1 01000-22 01045 Existing Facilities 01045-1 - 01045-2 ' 01500 Temporary Facilities 01500-1 - 01500-6 DIVISION 2 —SITEWORK ' 02223 Trenching, Backfilling and Compaction 02223-1 - 02223-2 02300 Earthwork 02300-1 02300-10 02320 Horizontal Directional Drilling 02320-1 02320-8 02831 Temporary Chain Link Fences and Gates 02831-1 - 02831-4 DIVISION 3 —CONCRETE - NOT USED DIVISION 4— MASONRY - NOT USED t DIVISION 5— METALS - - NOT USED DIVISION 6 —WOOD AND PLASTICS NOT USED DIVISION 7—THERMAL AND MOISTURE PROTECTION - NOT USED ' DIVISION 8 —DOORS AND WINDOWS - NOT USED DIVISION 9— FINISHES ' 09900 Painting and Coating 09900-1 09900-8 DIVISION 10—SPECIALTIES - NOT USED ' DIVISION 11 — EQUIPMENT _ - NOT USED DIVISION 12— FURNISHINGS NOT USED DIVISION 13—SPECIAL CONSTRUCTION NOT USED DIVISION 14—CONVEYING SYSTEMS - NOT USED DIVISION 15— MECHANICAL 15041 Chlorination of Water Mains for Disinfection 15041-1 - 15041-2 ' 15042 Hydrostatic Testing of Pipeline 15042-1 - 15042-2 15051 Installation of Buried Pipeline 15051-1 15051-4 15057 Copper, Brass, & Bronze Pipe Fittings, 15057-1 - 15057-2 ' &Appurtenances 15065 High Density Polyethylene Pipe and Fittings 15064-1 15064-4 15089 Combination Air-Release and 15089-1 - 15089-2 ' Vacuum Relief Valve Assembly 15151 Domestic And Non-Domestic Water 15151-1 15151-2 Facilities Identification 15304 Installation of Pressure Pipelines 15304-1 - 15304-6 ' City of San Juan Capistrano TECHNICAL SPECIFICATIONS 14"Waterline Crrek Crossing at Via Estenaga TABLE OF CONTENTS H:\PDATA\10104453V1dmin\spec\Specs_table_of_contents.doc PAGE- 1 DIVISION 16- ELECTRICAL - NOT USED DIVISION 17- INSTRUMENTATOIN & CONTROLS - NOT USED END SECTION City of San Juan Capistrano TECHNICAL SPECIFICATIONS 14"Waterline Crrek Crossing at Via Estenaga TABLE OF CONTENTS H:\pdata\10104453\Admin\spec\Specs_table_of_contents.doc PAGE-2 ' SECTION 01000 GENERAL REQUIREMENTS PART 1 - - GENERAL 1.1 CONTRACT DRAWINGS 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 and are hereby made a part of these specifications, all bearing the common title: "COOK'S ' RESERVOIR REPLACEMENT PROJECT." 1.2 DRAWINGS AND SPECIFICATIONS SUPPLIED TO CONTRACTOR ' After award of contract, the OWNER will furnish to the CONTRACTOR, upon request, 10 sets of Specifications and 10 sets of full-scale Drawings. Additional quantities of Specifications and Drawings will be furnished at reproduction cost. ' 1.3 PRECEDENCE OF DOCUMENTS In the event that a conflict occurs between the various contract documents, the CONTRACTOR shall use the following order of precedence: A. City General and Special Provisions ' B. Construction Drawings, Details and City Standards C. Technical Specifications ' D. SSPWC (Greenbook) Whenever a Standard is referenced, it shall refer to the latest revision. 1.4 DEFINITIONS ' A. CONSTRUCT- Provide all materials and labor necessary to install, build, fabricate, and/or construct facilities as described, in place, all in conformance with the Drawings and Specifications. ' B. OWNER REPRESENTATIVE-The ENGINEER or the person authorized by the OWNER and officially acting on behalf of the OWNER. The OWNER Representative will be identified at the pre-construction meeting. C. GREENBOOK- Standard Specifications for Public Works Construction, latest edition. D. OWNER—Property OWNER, City of San Juan Capistrano ' E. CITY— City of San Juan Capistrano F. ENGINEER— RBF Consulting City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-1 H:\PDATA\10104453\Ad m in\spec\01000-Gen Rgrt.doc 1.5 ABBREVIATIONS A. The following abbreviations and acronyms may be used throughout these Specifications and on the Drawings: 1. AASHTO American Association of State Highway Transportation Of Officials 2. ACI American Concrete Institute 3. AISC American Institute of Steel Construction, Inc. 4. AISI American Iron and Steel Institute 5. ANSI American National Standards Institute, Inc. 6. APWA American Public Works Association - 7. APWA, AGC Standard Specifications for Public Works Construction, 1985 Edition 8. ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 9. ASME American Society of Mechanical Engineers 10. ASTM American Society for Testing and Materials 11. AWS American Welding Society 12. AWWA American Water Works Association 13. CALTRANS Standard Specifications, State of California, Department of Transportation 14. DIS California Division of Industrial Safety 15. DOT Department of Transportation, State of California 16. ICBO International Conference of Building Officials 17. NEMA National Electrical Manufacturers Association 18. NFPA National Fire Protection Association 19. OSHA Occupational Safety and Health Administration 20. APCD Air Pollution Control District 21. SMACNA Sheet Metal and Air Conditioning Contractors National Association City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-2 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doe ' 22. SSPC Steel Structures Painting Council 23. SSPWC Standard Specifications for Public Works Construction ' 24. UBC Uniform Building Code (UBC) ' 25. WCLIB West Coast Lumber Inspection Bureau 1.6 DESCRIPTION OF WORK ' A. GENERAL - The CONTRACTOR shall furnish all transportation, materials (except where stipulated otherwise), equipment, labor, and supplies to complete The Work, together with all appurtenant tasks necessary or incidental to ' complete in a workmanlike manner the improvements as contemplated and as intended by the Drawings and these Specifications. The Contractor shall obtain permission from the City of San Juan Capistrano prior to any work that would ' limit the full operation of any existing facilities. B. WORK- The Work to be done by the CONTRACTOR under these Specifications shall consist of performing all operations necessary for the demolition of existing structures, utilities and landscaping; construction of a cast-in-place reinforced concrete reservoir,welded steel pipelines,valves, vaults, grading, paving, instrumentation, controls, landscaping and all appurtenant work at the locations, in the positions, to the elevations and dimensions and conforming to the design shown on the Drawings and in accordance with these Specifications. ' C. LOCATION -The project site is located in the City of San Juan Capistrano on Calle Ricardo. 1.7 CONSTRUCTION SCHEDULE A. GENERAL -Within seven (7) calendar days after execution of the contract, the CONTRACTOR shall prepare and submit to the OWNER and City for review, a Progress Schedule showing the order in which CONTRACTOR proposes to carry out the Work, the dates on which the several salient features (including procurement of materials and equipment)will start, and the contemplated dates for completing same. The Progress Schedule shall show the order in which CONTRACTOR proposes to accomplish the work activities and shall clearly depict the order, interdependence, duration, and installation workdays for each activity. The Progress Schedule shall be an amplification of, and shall concur with, the interim and final completion requirements of the Contract Documents. The schedule shall show all of the work to be completed for each milestone and for partial utilization. The schedule breakdown shall be by divisions of work subdivided into areas or facilities in sufficient detail so that the OWNER may readily evaluate the CONTRACTOR's progress at any given time during the t course of the Work and shall be so arranged and itemized as to be of assistance to the OWNER in the evaluation of partial estimates and subsequent partial payments. City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-3 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc B. FORMAT- The schedule shall be presented as a detailed CPM bar chart and shall be shown in sufficient detail so as to identify the beginning and end of each of the various construction activities. The schedule shall be in Primavera latest version format. C. SCHEDULE UPDATES -When so requested by the OWNER, an updated schedule shall be forwarded to the ENGINEER within one week following the - request. The OWNER's receipt and acceptance of the updated schedule shall be a condition precedent to the issuance of any portion of a progress payment for the preceding month. - D. CHANGES DIRECTED BY THE ENGINEER - In the event that the ENGINEER shall be of the opinion that any schedule of operation as thus submitted is inadequate to secure the completion of the work in the time agreed upon, or is otherwise not in accordance with the specifications or if, in the opinion of the ENGINEER, the work is being inadequately or improperly prosecuted in any respect, he may demand that the CONTRACTOR submit new schedules and - improve or change the prosecution of the work in such manner as to assure proper and timely execution. 1.8 SEQUENCE OF WORK AND TIME FOR COMPLETION A. The Sequence of Work shall be approved by the OWNER. _ B. Time For Completion: 1. The CONTRACTOR shall complete all Work included in the Contract within 60 working days from the Notice of Award (See Contract 3.4). 2. The contract shall be deemed executed when signed by all parties, approved by the attorney for the OWNER, and when a counterpart of said contract, fully signed and approved as above stated, is mailed to the CONTRACTOR by the OWNER. _ 1.9 EXISTING SITE CONDITIONS The CONTRACTOR shall be responsible for visiting the site prior to bidding and shall be - responsible for having ascertained pertinent site conditions such as location, accessibility, character of the site, and extent of existing improvements thereon. Attention is directed to the location of the site, existing access conditions, existing rocks, work area constraints, nearness to vehicular traffic, transportation and storage of materials, and all other matters, which may affect the work or cost thereof under this contract. Work to be performed by the CONTRACTOR may occur concurrently with other work being performed by other contractors within the project site. Therefore, it will be the responsibility of the CONTRACTOR to identify the site conditions which will be available during construction, including construction work area, staging, storage, access, etc. Failure of the CONTRACTOR to be acquainted with the existing and anticipated site conditions will not relieve him from the responsibility for properly estimating the difficulty _ or cost for successfully performing all of The Work under the Contract. City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-4 H:iPDATAt10104453 Wdmin\spec101000-GenRgrt.doc ' 1.10 SHOP DRAWINGS AND SAMPLES A. General The CONTRACTOR shall submit six (6) copies of shop drawings to the ENGINEER for review and approval at least thirty (30) calendar days before drawings will be required for ordering materials and commencing the work. The ' OWNER shall also review and approve major items. Every submittal shall be accompanied by a letter of transmittal containing the minimum, as follows: 1. CONTRACTOR's name. 2. Project title. 3. Description of the submittal and reference to the Detail Specifications section being addressed. ' 4. CONTRACTOR's statement that he has reviewed the submittal and that it meets all requirements of the Drawings and Specifications. If the submittal does not meet all aspects of the Drawings and Specifications, ' then the CONTRACTOR must clearly identify any such deviations. The data shown on the Shop Drawings shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the materials and equipment the CONTRACTOR proposes to provide and to enable the ENGINEER to review the information for the limited purposes described in these Specifications. ' The CONTRACTOR shall also submit samples to the ENGINEER for review and approval as required by the Detail Specifications. Each sample shall be identified clearly as to material, supplier, pertinent data such as catalog number and the use for which intended. At least two (2) of each sample shall be submitted. The ENGINEER shall review the initial submittal of Shop Drawings and sample submission and one resubmittal without cost to the CONTRACTOR. The cost of review of additional resubmittals shall be charged to the CONTRACTOR. B. Shop Drawing and Sample Submission Procedures Before submitting each Shop Drawing or sample, the CONTRACTOR shall have determined and verified: ' 1. All field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information. 2. All materials with respect to intended use, fabrication shipping, handling, storage, assembly and installation pertaining to the performance of the Work. 3. All information relative to the CONTRACTOR's means, methods, ' techniques, sequences and procedures of construction. ' City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-5 H:\PDATA\10104453kAdmin\specNO1000-GenRqrt.doc The CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. Each Shop Drawing and sample submission shall bear a stamp or specific written indication that the CONTRACTOR has reviewed and approves of that submission. At the time of each submission, the CONTRACTOR shall give the OWNER specific written notice of such variations, if any, that the Shop Drawing or sample submitted may have from the requirements of the Contract Documents. Such notice shall be in a written communication separate from the submittal. C. Engineer's Review and Submittal Status The ENGINEER will review and approve or disapprove or return as incomplete Shop Drawings and samples. The ENGINEER's review and approval or disapproval will be only to determine if the items covered by the submittals will, _ after installation or incorporation in The Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole, as indicated by the Contract Documents. The ENGINEER's review and approval or disapproval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. Within 21 calendar days of receipt of said prints, the ENGINEER will return two copies of each drawing to the CONTRACTOR with his comments noted thereon. 1. If the shop drawing is returned to the CONTRACTOR marked "NO — EXCEPTIONS TAKEN" a resubmittal of said drawing will not be required and the CONTRACTOR may proceed with work associated with said shop drawing. 2. If the shop drawing is returned to the CONTRACTOR marked "SUBMIT SPECIFIED ITEMS" those items shall be submitted before further _ consideration of said drawing is made. 3. If the shop drawing is returned to the CONTRACTOR marked "MAKE CORRECTIONS NOTED," a resubmittal of said drawing will not be ` required and the CONTRACTOR may proceed with the work associated with said shop drawing taking into consideration and complying with the ENGINEER's comments. - City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-6 H:\P DATA\10104453\Hdmi n\spec\01000-Ge n Rq rt.doc ' 4. If the shop drawing is returned to the CONTRACTOR marked "REVISE AND RESUBMIT," the CONTRACTOR shall revise said drawing and shall resubmit six (6) copies of said revised drawing to the ENGINEER. The ' CONTRACTOR may not proceed with work associated with said shop drawing. ' 5. If the shop drawing is returned to the CONTRACTOR marked "REJEC- TED," the CONTRACTOR shall resubmit six (6) copies of said shop drawing to the ENGINEER, as in the case of an original submittal. The CONTRACTOR may not proceed with work associated with said shop drawing. If so indicated, the CONTRACTOR shall make corrections required by the ' ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. When resubmittal of a shop drawing is required, the CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by the ENGINEER on previous submittals. The review of said drawings by the ENGINEER will apply to general design only and will in no way relieve the CONTRACTOR of responsibility for errors or omissions contained therein nor will such review operate to waive or modify any provisions or requirements contained in these contract specifications or on the contract drawings. The ENGINEER's review and approval of Shop Drawings or samples shall not relieve the CONTRACTOR from responsibility for complying with the requirements of the Contract Documents. No portion of the Work requiring a Shop Drawing submittal shall be started until the submittal has been reviewed by the ENGINEER and returned to the CONTRACTOR with a notation indicating that resubmittal is not required. Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Drawings and Specifications and shall not be taken as the basis of claims for extra work. The CONTRACTOR shall have no claim for damages or extension of time due to any delay resulting from making required revisions to shop drawings. All shop drawings submittals shall contain the following CONTRACTOR ' certification: "It is hereby certified that the (equipment, material, etc.) shown and marked in this submittal is that proposed to be incorporated into this project, is in compliance with the Contract Documents, can be installed in the allocated space, and is submitted for approval. SIGNED AND DATED." 1.11 WORKING HOURS ' All work shall be completed during the days and hours described in these specifications. Access to the site is limited to the hours of 7:00 A.M. to 5:00 P.M. Monday through Friday. Work on Saturdays or Sundays shall not be permitted. No work of any nature shall proceed in any area between the 5:00 P.M. and 7:00 A.M. including but not limited to: loading, unloading, equipment maintenance, starting and moving of construction equipment. No delivery vehicles shall arrive at the site before 7:00 A.M. ' The CONTRACTOR shall request written authorization from the OWNER prior to any Saturday or Sunday work. ' City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-7 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc CONTRACTOR is responsible for all overtime pay, per Section 1.28 of these General Requirements. 1.12 LIQUIDATED DAMAGES Failure of the CONTRACTOR to complete the work within the time allowed will result in damages being sustained by the OWNER. For each consecutive calendar day in excess of the time specified for the completion of work, liquidated damages shall be assessed at the rate of One Thousand Dollars ($1,000) per calendar day, in accordance with the Special Conditions. _ 1.13 POTHOLING AND LOCATING EXISTING UNDERGROUND UTILITIES The CONTRACTOR shall pothole utility crossings and expose all join points to the _ existing systems and utility crossings for verification of horizontal and vertical locations, at the locations shown on the drawings, prior to submitting any shop drawings. The CONTRACTOR shall be responsible for hiring a licensed professional land surveyor to _ obtain survey information associated with potholing. The ENGINEER will not review any shop drawings until the potholing is completed, and the data submitted to the ENGINEER. The CONTRACTOR shall submit a pothole report identifying top and bottom elevations of utilities. Submittal shall be in accordance with Part 1.10. No extension of time or additional compensation will be made for the delays caused by the failure of the CONTRACTOR to complete the potholing in a timely manner. Once the CONTRACTOR has potholed the points of connection and submitted the information to the ENGINEER for review, the ENGINEER will transmit a letter of clarification to the CONTRACTOR directing him on how to modify the design, if necessary, in order to properly join up with the existing facilities. The CONTRACTOR shall notify Underground Service Alert and the City of San Juan Capistrano Water Department at least 48 hours in advance of any construction or _ potholing and make arrangements for the existing utilities to be marked. The CONTRACTOR shall collect and provide the following information to the ENGINEER for review: - Top of Pipe Elevation Bottom of Pipe Elevation Coordinates (Northing and Eastings) Outside Diameter of Pipe _ Pipe Material Condition of Pipe All costs incurred in exposing and locating the existing utilities, including all labor tools, equipment for excavation, backfill, and restoring surface improvements, shall be included in the price bid item for potholing, as indicated on the Bid Schedule, and no further compensation will be provided therefore. City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-8 H:\PDATA\10104453\Admin\specXO1000-GenRqrt.doc 1 ' 1.14 MAINTENANCE AND GENERAL GUARANTY A. The CONTRACTOR hereby guarantees that the entire work constructed under ' the Contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. B. The CONTRACTOR hereby agrees to make at his own expense any repair or replacement made necessary by defects in materials or workmanship supplied by him that becomes evident within a one-year period after Notice of Completion, and to restore to full compliance with the requirements of these specifications, including all test requirements, any part of the plant facilities or appurtenant works which, during said one-year period, is found to be deficient with respect to any provision of the specifications. ' Replacement of backfill,where it has settled below the lines established by the OWNER, shall be considered part of such repair work, and any repair of resurfacing constructed by the CONTRACTOR, which becomes necessary by reason of settlement shall likewise be considered part of such repair work. C. The CONTRACTOR shall make all repairs and replacements promptly upon receipt of written orders for the same from the OWNER. If the CONTRACTOR fails to make repairs and replacements within 24 hours, the OWNER may contract with others for performance of the work and the CONTRACTOR and his surety shall be liable to the OWNER for the cost thereof. D. The guaranty and agreements set forth herein shall be secured by a surety bond ' which shall be delivered by the CONTRACTOR to the OWNER before the notice of completion and acceptance of The Work, shall be filed by the OWNER. E. Said surety bond set forth herein shall be in an approved form and executed by a surety company or companies satisfactory to the OWNER, and in the amount of 100 percent of the contract amount. Instead of providing such bond as is described above, the CONTRACTOR may, at his option, provide that the faithful performance bond furnished under the contract shall remain in force and effect for said purposed in the required amount. 1.15 PERMITS AND LICENSES TO BE OBTAINED BY THE CONTRACTOR All other permits and licenses for construction of The Work shall be met solely and fully by the CONTRACTOR. The CONTRACTOR should contact the City of San Juan Capistrano regarding an Encroachment Permit, as required by the City. The CONTRACTOR is also responsible for ensuring that permits obtained by the OWNER fulfill all permitting requirements to perform the work. All costs incurred due to the permit ' and license requirements shall be included in the various bid items and no additional payment will be made to the CONTRACTOR. The CONTRACTOR shall abide by the requirements of all permits. t ' City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-9 H:\PDATA\10104453\Adm in\spec\01000-Gen Rq rt.doc 1 1.16 WORK AREA LIMITS, SITE ACCESS, AND MATERIAL STORAGE A. Work under this contract is located within property owned by the City of San Juan Capistrano, easements of the City of San Juan Capistrano or public right-of-way. - Work shall be limited to the easements, designated work areas, and public right- of-ways. Additional area needed for staging of construction materials shall be coordinated with the City. B. Storage of materials and equipment, including CONTRACTOR employee vehicle parking, shall be restricted to the areas shown on the Contract Drawings. The CONTRACTOR shall not maintain any construction vehicles on public streets. It shall be the CONTRACTOR's responsibility to provide, at his expense, all material and equipment and furnish all labor, transportation, and equipment necessary to facilitate delivery of material and equipment to the site. _ Personal vehicles belonging to CONTRACTOR's or SUBCONTRACTOR's personnel may be parked along the public curb in accordance with local traffic restrictions, provided the CONTRACTOR accepts responsibility for daily site maintenance in the affected area. No materials shall be allowed to be stored in the street or the public right of way. The CONTRACTOR shall not inhibit the thru passage of traffic for any extended period of time in the execution of work or the loading and unloading of materials. All lane closures shall be approved in advance by the OWNER'S representative and shall be in accordance with the WATCH Manual. C. Access to the site is restricted to Cook Cordova Park and adjacent horse trail on the north side, and San Juan Creek Road on the south side. — 1.17 COMPACTION TESTING A. General: All soils testing will be done by a testing laboratory of the Engineer's choice at City's expense except as specified in Subsection 1.6 C and 1.6 F below. B. Whenever a relative compaction requirement value is specified herein, the optimum moisture content and relative compaction shall be determined in accordance with the methods specified by the latest revision of the State of California, Department of Transportation, Test Method No. CA 216 or 231. C. The City will engage the services of a testing laboratory to test the degree of _ compaction attained. The City will pay for the initial cost of all compaction tests. If the compaction fails to meet the relative compaction tests set forth, the Contractor shall pay for subsequent compaction tests by deducting their costs from the Contract amount. D. The Contractor shall make all necessary excavations for compaction tests as directed by the Engineer, and all work in connection with compaction testing by the Contractor shall be included in the various contract bid prices, and no additional allowance will be made therefore. E. Where soil material is required to be compacted to a percentage of maximum dry density, the maximum dry density at optimum moisture content will be City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-10 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc determined in accordance with the latest version of ASTM D 1557. In-place field density tests will be performed in accordance with ASTM D 1556 (sand cone), and/or ASTM D 2922 and ASTM D 3017 (nuclear gauge). The type, number and ' location of field density tests will be determined by the Engineer. One sand-cone test (ASTM D 1556)will be taken for every four nuclear tests (ASTM D 2922 and 3017). ' F. In case the tests of the fill or backfill show non-compliance with the required density, the Contractor shall accomplish such remedy as may be required to insure compliance. Subsequent testing to show compliance shall be by a testing laboratory selected by the Engineer and shall be at the Contractor's expense. All imported fill material not specified in the contract shall be tested at the Contractor's expense and shall be subject to approval by the Engineer. ' G. Where imported fill material is required to possess certain gradation, strength, and settlement properties, the grain size distribution of soils will be determined ' using ASTM D 422, the gradation of concrete aggregate and base materials will be determined using ASTM C 136, the sand equivalent of soils will be determined using ASTM D 2419, the consolidation of soils will be determined ' using ASTM D 2435, the unconfined compressive strength of soils will be determined using ASTM D 2166, and the expansion index of soils will be determined using UBC No. 29-2. ' 1.18 EROSION CONTROL The CONTRACTOR shall employ methods and approved devices for the control of erosion within the project construction area during the contract period. All work shall be in accordance with the County of Orange, City of San Juan Capistrano and any special requirements of the California Regional Water Quality Control Board. All disturbed ' surface areas shall be shaped to facilitate drainage and avoid ponding. The CONTRACTOR shall comply with the OWNER's NPDES permit and requirements. The CONTRACTOR is not required to prepare a storm water pollution prevention plan. 1.19 DEWATERING The CONTRACTOR may encounter moderate seepage or water from other sources ' during excavation. The CONTRACTOR shall provide and maintain at all times during construction, ample means and devices with which to promptly remove and properly dispose of all water from any source entering the excavations or other parts of the work. Dewatering shall be accomplished by methods that will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations. Dewatering shall commence when groundwater or other standing water is first ' encountered, and shall be continuous until such times as water can be allowed to rise in accordance with the provisions of this section. Disposal of water from dewatering operations shall be the sole responsibility of the ' CONTRACTOR. Disposal methods shall conform to the requirements of the Regional Water Quality Control Board, and the City of San Juan Capistrano. CONTRACTOR is required to obtain discharge permits. No water can be sent to the sewer system. See ' also Section 02300. 1 City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-11 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc The CONTRACTOR shall dispose of the water from the work in a suitable manner without damage to adjacent property. Conveyance of the water shall be such as to not interfere with traffic flow or other construction. No water shall be drained into work built or under construction without prior consent of the OWNER Representative. Water shall be desanded before disposal in any storm drain system. The system used for desanding the water shall be a baffled structure and shall provide not less than five minutes detention time and shall have a "flow-through" velocity not exceeding 0.2 feet per second at the anticipated peak flow. The desanding box shall be cleaned as required to maintain the detention time and flow-through limitations specified above. 1.20 CONSTRUCTION WATER The Contractor shall obtain a construction water meter from the City of San Juan Capistrano and be responsible for all fees associated with the use of the construction meter including the cost of water used. 1.21 DISPOSAL OF EXCESS EXCAVATED SOIL MATERIALS All excavated material not required for the work shall be disposed of by the CONTRACTOR in accordance with the Drawings and Specifications and a manner acceptable to the OWNER Representative and in accordance with Federal, State and Local requirements. 1.22 TEMPORARY POWER The CONTRACTOR shall provide, at his own expense, all necessary power required for his operations under the contract, and shall provide and maintain all temporary power lines required to perform the work in a safe manner and to the satisfaction of the OWNER. 1.23 CONSTRUCTION LIGHTING All work conducted under conditions of deficient daylight shall be suitably lighted to insure proper work and to afford adequate facilities for inspection and safe working conditions. 1.24 DUST AND SMOKE CONTROL A. No operation shall be conducted that will emit into the atmosphere any flying dust or dirt that is noticeable or that might constitute a nuisance. B. Dust control operations shall be performed to prevent construction operations from producing dust in amounts harmful to, or causing a nuisance to, persons living nearby or occupying buildings in the vicinity of the Work. C. Dry materials and rubbish shall be wet down to prevent blowing dust. City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-12 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc ' D. The CONTRACTOR will be required to prevent dirt and/or mud from being transferred from the work site to city streets. The CONTRACTOR shall sweep the streets at the end of each day as necessary to clean the streets as directed by the OWNER Representative. Payment for this work shall be included in the various bid items and no additional compensation will be made. ' E. See section 01562 for further requirements. 1.25 NOISE CRITERIA Operations shall be performed in a manner to minimize unnecessary noise generation and minimize disturbance to the horse stables, persons living or working nearby, and to the general public, while meeting local noise abatement ordinances (but no more than ' 65 decibels at the property boundary). The cost of basic noise control measures shall be included in the CONTRACTOR'S bid price for mobilization, and the measures to be used in noise suppression shall include (but are not limited to): ' • Equipping all internal combustion engines with critical residential silencers (mufflers); • Shielding noise-producing equipment from the horse stables, nearby areas of human occupancy and by locating equipment in positions that will direct the greatest noise emissions away from these areas; • Conducting operations in the most effective manner that will minimize noise generation, while being consistent with the prosecution of the Contract in a timely and economic manner. The CONTRACTOR shall install padded sound barriers that completely surround the work site1 and are a minimum of 15-feet in height as well as wrapping the mast with padded sound blankets. The cost of installing the sound barriers will be paid to the ' CONTRACTOR under bid schedule Item Number 4. 1.26 SANITATION The CONTRACTOR shall furnish and install one (1) field toilet, lavatory fixture, and daily janitorial service for the duration of the Work. These accommodations shall be maintained in a neat and sanitary condition. The CONTRACTOR shall remove said facilities within two (2) days after the execution of the Notice of Completion. All facilities hereunder shall conform to or exceed the applicable requirements of Cal-OSHA and the OSHA standards for construction. The CONTRACTOR shall furnish all the facilities and means for the proper sanitation of the Work and shall hold harmless the OWNER, its officers and employees, from any liability resulting from improper or insufficient sanitation measures. 1.27 ACCUMULATION OF COSTS FOR EXTRA WORK All extra work shall be approved prior to commencement of construction. See Section 8 and 9 of Contract. 1 The sound curtains shall extend to the ground surface in all places and shall not have any gaps between panels and the ground surface. City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-13 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc 1.28 OVERTIME INSPECTION Overtime inspection is defined as any inspection required in excess of 8 hours per day, whether or not the overtime hours fall within the approved work hours and any work _ done on the weekends or holidays. All overtime inspection costs shall be deducted by the OWNER from any payments due by the CONTRACTOR at the rate of$105/hr. 1.29 LINES, GRADES, AND MEASUREMENTS A. Reference lines and grades for the proposed improvements, shall be provided by the CONTRACTOR. The CONTRACTOR shall preserve all benchmarks, monuments, survey marks, and stakes, and, in case of their removal or destruction by him or his employees by, he shall be liable for the cost of their replacement. B. The CONTRACTOR shall keep the OWNER informed, 48 hours in advance, of the times and places at which he intends to do work, in order that inspection may be made with the minimum of inconvenience to the OWNER or of delay to the CONTRACTOR. 1.30 AS-BUILT DRAWINGS The CONTRACTOR shall provide and maintain a complete and accurate Record set of "As-Built" Drawings. Such Drawings shall be kept up to date as work progresses. _ As-built drawings shall be prepared and shall show all changes in the work constituting departures from the original contract Drawings. The ENGINEER shall approve all conceptual or major design changes before implementing the change in the construction _ contract. Failure to receive prior approval may result in termination of Contract, or correction of The Work at the CONTRACTOR's expense. As the Work progresses, all required information and dimensions shall be transferred to the As-built drawings. Changes and dimensions shall be recorded in a legible and workmanlike manner. As-built construction drawings shall be maintained at the jobsite during construction. Upon request by the OWNER Representative, the CONTRACTOR - shall allow the OWNER Representative to review the "in-progress" set of As-built Drawings. As-built drawings shall be prepared in accordance with the following: A. The Contractor shall provide "as-built" drawings for all piping installed. Locations shall be indicated with the State of California coordinate system and the County of Orange elevation system (NAVD88)for the ends and all changes of direction of each piping run installed. B. For buried pipe installations, surveyed "as-builts" shall include the elevation and location of pipe, valves, and all other pertinent information of the installation, as well as all existing piping or structures exposed in the trench. C. For buried, encased piping, survey shall be taken both prior to encasement and after the encasement is in place. D. As-built drawings shall be forwarded to the Engineer for review and approval within five days after the installation is completed. City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-14 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc ' E. Progress payment will be withheld for all pipe installations if"as-built' drawings are not received as specified. ' F. The CONTRACTOR shall also furnish a marked up set of"Record" layout sheets consisting of marked up shop drawings and other sketches that will reflect all changes made during construction. ' 1.31 CONSTRUCTION DELAYS A. Geotechnical or Subsurface Conditions Unforeseen geotechnical and subsurface conditions, such as rocks, may be exposed during grading or construction activities which may require additional geotechnical or subsurface investigations and/or design modifications to the construction plans. The CONTRACTOR expressly waives any and all rights to make claim or be entitled to receive any compensation or damages due to large rocks or boulders which cause delays, standby or waiting time for work included in this contract. 1.32 COORDINATION AND COOPERATION WITH OTHERS During the course of the work to be performed under this contract, it is possible that other Contractors and public agencies may be performing work in the immediate vicinity or on the project site. The CONTRACTOR under this contract shall schedule his work and coordinate his operation with others so as to minimize conflicts and interference between his operations and those of other contractors, in strict accordance with Section 7-7 of the Greenbook. ' The CONTRACTOR shall maintain accessibility to the site for City personnel and other utilities for the purpose of routine maintenance. No projects on the site or in the right-of- ways adjacent to the site are known of at this time. Cooperation and coordination with ' other contractors refers primarily to sub-contractors that will be working under the direction of the CONTRACTOR. Agencies that may be performing work or have facilities in the immediate vicinity may include, but are not limited to: A. City of San Juan Capistrano B. Orange County Department of Public Works C. San Diego Gas and Electric D. Southern California Gas Company E. SBC/Pacific Bell F. Cox Cable ' G. Other Contractors City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-15 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc 1.33 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS A. The CONTRACTOR shall protect in place or remove and replace existing improvements which may be damaged by CONTRACTOR's operations as spec- ified in Section 7-9 of the Greenbook. Existing improvements may include, but are not limited to: curbs, gutters, sidewalks, fences, trees, road delineators, water lines, sewer lines, irrigation lines, pavement and drainage devices. B. The CONTRACTOR shall protect in place existing trees as noted on the plans. No equipment shall be operated or parked within the protective fencing as shown on the plans or as stated by the Project Arborist, nor shall any material, including dirt, of any kind be stockpiled in this area without the specific approval of the Project Arborist or ENGINEER. 1.34 SHEETING AND SHORING A. In accordance with OSHA, the walls and faces of all excavations over 5 feet in — depth shall be effectively guarded by a shoring system, sloping of the ground, or other equivalent means. Trenches less than 5 feet in depth shall also be guarded when examination indicates hazardous ground movement may be expected. The -- shoring design shall be submitted for City records, but will not be reviewed by the Engineer for suitability or technical accuracy. B. All excavations shall be in accordance with the Division of Industrial Safety, State of California. C. The CONTRACTOR shall submit shop drawings for shoring systems exceeding 5-feet in depth in accordance with Part 1.10 of these General Requirements. Said shop drawings shall include a detailed plan the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of — caving ground during the excavation of trenches or other excavations an shall be wet stamped by a Civil Engineer registered in the State of California. No shoring systems will be allowed that are less effective than that required by the OSHA — Construction Safety Orders. D. Compensation for shoring, related permits and complying with all the provisions of this section, including the cost of providing all necessary information to obtain the permit(s) and the cost of complying with the provisions of the permit, shall be included in the various bid items and no additional compensation shall be allowed. E. Trench excavation and backfill shall conform to Section 306-1 of the Greenbook and the Detail Specifications. F. See also Sections 02300 for further requirements. 1.35 SUBSURFACE DATA The Contractor's attention is directed to the provisions of Section 2-7, "Subsurface Data" of the Greenbook. Section 2-7 of the SSPWC is hereby amended in that a copy of the — soil bore log is available for the Contractor's review and information at the office of the OWNER. City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-16 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc 1 1.36 ASBESTOS A. Health Hazard ' The Contractor is warned that asbestos is a known human carcinogen when inhaled and poses serious health risks. Asbestos fibers are easily inhaled and can result in chronic respiratory illness, cancer and other severe adverse health effects. B. General ' It is the specific intent of these Contract Documents to exclude from the work any and all products or materials containing asbestos. No products containing asbestos shall be incorporated into the work. ' Asbestos materials will be encountered on the project. When removal of the pipe is necessary, the pipe must be wrapped in polyethylene certified as meeting RQ (Asbestos), Class 9, NA 2212, III. If materials containing asbestos other than ' ACP are encountered, a contractor registered by CAUOSHA and certified by the State Contractors Licensing Board for asbestos removal shall perform removal of existing asbestos material. Copies of the certification shall be submitted to the ' Engineer prior to the commencement of any asbestos removal activities. The Contractor or subcontractor shall comply with all State and Federal laws regarding handling and removal of asbestos materials. The Contractor shall be ' responsible for the proper identification, removal and disposal of all asbestos materials. ' C. Joining Existing Asbestos Cement Pipe In the specific instance of making piping connections to existing asbestos cement pipe, the Contractor shall construct the connection using a stainless steel tapping ' sleeve of the proper size to fit the existing asbestos cement pipe. The Contractor shall perform all tapping and cutting of the asbestos cement pipe in strict conformance with the tapping sleeve manufacturer's recommendations and all applicable CAUOSHA, EPA and governing health agency requirements. D. Cutting and Handling Asbestos Cement Pipe ' The Contractor shall perform all cutting and handling of asbestos cement pipe in strict conformance with all applicable CAUOSHA, EPA and governing health agency requirements. The Contractor shall provide sufficient supervision and monitoring to assure said conformance. 1.37 NOT USED 1.38 CONSTRUCTION SIGNING Construction signing used for handling traffic and public conveniences shall conform to ' the latest edition of the State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance of Work Zones" and"Work Area Traffic Control Hand-book" (WATCH) published by Building News Incorporated. In case of conflict between the two previously referenced manuals with regard to recommended ' sign spacing, the manual, which is more stringent, shall be used. The construction sign shall be posted at the project site entrance before construction mobilization. 1 City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-17 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc 1.39 SITE SECURITY The CONTRACTOR is responsible for site security at all times. Gates shall be provided and installed by the CONTRACTOR as need to gain access to the work areas and _ construction equipment. Gates shall be closed and locked at the end of each working day. The CONTRACTOR shall provide a fence and other barricades as required to prevent the public from gaining access to the site. Fence shall be per Section 02831. 1.40 FIELD OFFICE (NOT REQUIRED) 1.41 SCHEDULE OF VALUES Within 5 days of the issuance of the Notice of Award, the CONTRACTOR shall submit a Schedule of Values in accordance with Part 8 of these specifications. The Schedule of Values shall consist of a detailed list of items of work and values associated with said work items. Acceptance of the Schedule of Values by the OWNER must precede the first progress payment by the OWNER. The schedule of values may be used for change order purposes by the OWNER if required. -- 1.42 NOT USED 1.43 OAK PRESERVATION (NOT USED) 1.44 MEASUREMENT AND PAYMENT BY BID ITEM Payment for lump sum bid items shall be based upon the amount shown in the bid schedule and shall be full compensation for furnishing all labor, transportation, materials, equipment, tools and appurtenances required for construction of the item complete in place in accordance with the Plans and Specifications. The total Bid Price shall cover all Work required by the Contract Documents. All costs in connection with the proper and successful completion of the work, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in lump sum prices bid. All Work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid. The descriptions of bid items provided hereafter apply to the Bid Schedule. _ Costs for related work and appurtenances which are required and/or implied by the Contract Documents, Technical Specifications, and Plans and are not listed as a separate bid item but are necessary to complete the project shall be included in the — appropriate bid item or items within the proposal. A. Initial Mobilization (Bid Item No. 1) _ Payment for mobilization shall include the obtaining of all permits; furnishing bond and insurance, moving onto the site all equipment; furnishing and erecting temporary construction facilities; and implementing security requirements; all as — required for the proper performance and completion of the work. City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-18 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc ' B. Potholing (Bid Item No. 2) Potholing will be paid for as a lump sum bid item as identified in the bid schedule. This work will include potholing to verify the location and depth of all connection points and critical utility crossings. The lump sum price shall include full compensation for furnishing all labor, tools, equipment, materials, City coordination and incidentals for doing all work involved in potholing, except as ' provided otherwise by other items of work within the bid schedule, and no additional compensation shall be allowed therefore. i C. Sheeting, Shoring, and Bracing or Equivalent Method (Bid Item No. 3) Payment for temporary sheeting, shoring and bracing or equivalent method will be made at the lump sum price named in the bid schedule under Item No.3, 1 which price shall constitute full compensation for completion of all planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting shoring, and bracing as a lump sum item, complete, as required under the provisions of any permits, and in accordance with the requirements of OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor ' Code. D. Install Sound Wall (Bid Item No. 4) Payment for installation of the sound attenuation wall shall include furnishing, installing and removing the sound wall and appurtenant structures/devices in accordance with the General Requirements— Section 1.25, Noise Control and as shown on the drawings complete and in place. E. Landscape Restoration (Bid Item No. 5) ' Payment for landscape restoration will be made at the lump sum price named in the bid schedule. The lump sum price shall include full compensation for furnishing all labor, tools, equipment, materials, and incidentals for doing all work ' involved in restoring surface improvements and landscaping to original condition or better as more accurately indicated in the construction drawings and specifications and defined by photographs taken prior to construction. All trees, turf, plants, other landscaping and irrigation, fencing, gravel or decomposed granite or any other surface improvement shall be replaced in kind or to a condition better than that which existed prior to construction. F. Demolition of Existing Cast Iron Pipe in Creek Bed (Bid Item No. 6) Payment for demolition of existing pipe in the creek bed will be made at the lump sum price identified in the bid schedule. This lump sum price will constitute full compensation for furnishing labor, tools, equipment, materials and incidentals to remove (using hand tools only due to the environmentally sensitive area), haul ' and dispose of the exposed portion of the cast iron pipe in San Juan Creek, as well as abandonment of the remaining portions of the existing waterline up to the new connection points in accordance with the drawings and specifications. City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-19 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc G. Demobilization, Project Closeout and Record Drawings (Bid Item No. 7) Payment for demobilization shall include the completion of the record drawings and submittal of the drawings to the City or City Representative, and the removal of all equipment, materials, temporary field offices, and other construction facilities from the project site and staging areas and the project site shall be thoroughly cleaned to the satisfaction of the City. Total lump sum price for demobilization shall not exceed 1% of the total bid schedule price. H. Install 14" [10" Bid Alternate B) HDPE Pipe by HDD Method (Bid Items 8 or 12, — respectively) Payment for installation of the high density polyethylene pipe by horizontal directional drilling techniques shall be paid for at the per lineal foot price named in the bid schedule. This price will constitute full compensation for furnishing labor, tools, equipment, materials, sound attenuation, and incidentals for installation of the horizontally drilled portion of the 14" [10" Bid Alternate B] - waterline, from entry pit to exit pit, including the protection of existing facilities as required, except as provided otherwise by other items of work within the bid schedule, and no additional compensation shall be allowed therefore. I. Install Air/Vacuum Release Valve Assembly (Bid Items No. 9 or 13) Payment for the installation of all air/vacuum release valve assemblies will be — made at the lump sum price named in the bid schedule. This price will constitute full compensation for furnishing labor, tools, equipment, materials and incidentals for the installation of air/vacuum release valve and enclosure, as well as all — appurtenances, piping and valving indicated in the drawings and specifications to provide a complete and fully operational air/vacuum release assembly, including all appurtenant work as required, except as provided otherwise by other items of _ work within the bid schedule, and no additional compensation shall be allowed therefore. J. Connect to Existing Waterline, North Side of Project (Bid Items No. 10 or 14) Payment for connection to the existing cast iron pipe on the north side of the project will be made at the lump sum price indicated in the bid schedule. This _ price will constitute full compensation for furnishing labor, tools, equipment, materials and incidentals for installation of the open cut portion of the waterline located from the horse stable area running southwest to the existing pipeline as _ more accurately defined in the construction drawings, including all associated fittings and appurtenances as required to provide a fully functional piping system, except as provided otherwise by other items of work within the bid schedule, and no additional compensation shall be allowed therefore. — City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-20 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doe 1 K. Connect to Existing Waterline, South Side of Project (Bid Items No. 11 or 15) Payment for connection to the existing cast iron pipe on the south side of the project will be made at the lump sum price named in the bid schedule. The lump sum price shall include full compensation for furnishing all labor, tools, equipment, materials, and incidentals for installation of the open cut portion of the ' waterline from the exit pit located at the toe of slope on the north side of San Juan Creek road to the tie in point on the existing waterline as more accurately defined in the construction drawings and details, including all associated fittings ' and appurtenances as required to provide a fully functional piping system, except as provided otherwise by other items of work within the bid schedule, and no additional compensation shall be allowed therefore. ' PART 2 - NOT USED PART 3 - NOT USED END OF SECTION 1 City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-21 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano GENERAL REQUIREMENTS 14"Waterline Creek Crossing at Via Estenaga 01000-22 H:\PDATA\10104453\Admin\spec\01000-GenRqrt.doe ' SECTION 01045 EXISTING FACILITIES ' This project shall conform to the City of San Juan Capistrano's Standard Specifications Section 01045 Existing Facilities, with the following modifications: ' In Part 1, Section D Location. DELETE number 1, and ADD: 1. The Contractor shall pothole to verify elevations of all existing structures ' and utilities. A pothole report shall be provided before shop drawings are submitted. The Contractor shall verify the location and the elevation of all existing substructures prior to construction. No guarantee is made by the City of San Juan Capistrano, that the locations shown on the plans are correct or that additional structures will not be encountered. ' END OF SECTION ' City of San Juan Capistrano EXISTING FACILITIES 14"Waterline Creek Crossing at Via Estenaga 01045-1 H:\pdata\10104453\Hdmin\spec\01045-Existing Facilities.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano EXISTING FACILITIES 14"Waterline Creek Crossing at Via Estenaga 01045-2 H:\pdata\10104453\Admin\spec\01045-Existing Facilities.doc 1 ' SECTION 01500 TEMPORARY FACILITIES ' PART1 - GENERAL 1.1 DESCRIPTION ' A. The Contractor shall be responsible for all temporary construction facilities required for the work. Contractor shall make all arrangements with utility service companies for temporary services and shall pay all costs associated herewith. ' B. Temporary construction facilities include: 1. Electricity and Lighting. 2. Air and Water. ' 3. Fire Protection. 4. Sanitary and First Aid Facilities. C. The Contractor shall abide by all rules and regulations of the utility service company or authority having jurisdiction. D. The Contractor shall be responsible for all utility service costs until the Work is substantially complete. Included are fuel, power, light, heat, and other utility ' services necessary for execution, completion, testing and initial operation of the Work. E. Sufficient temporary heat and ventilation shall be provided to ensure safe ' working conditions and that no damage will occur to any of the work. In addition, all enclosed areas shall be maintained at a minimum of 50°F, unless otherwise specifically excepted in the Specifications. Temperature for electronics or other ' temperature sensitive elements shall not exceed 80°F. F. Contractor shall not utilize this site or temporary facilities for any other projects or ' tasks not specifically related to the construction and administration of this project. 1.2 TEMPORARY LIGHT AND POWER A. The Contractor shall furnish temporary light and power, including 220 volt service for welding, complete with wiring, lamps and similar equipment as required to adequately light all work areas and with sufficient power capacity to meet the ' reasonable needs of all subcontractors. Make all necessary arrangements with the local electric company for temporary electric service and pay all expenses in connection therewith. ' B. Provide connections to existing facilities, sized to provide service required for power and lighting. Contractor shall pay the cost of power used. 1 ' City of San Juan Capistrano TEMPORARY FACILITIES 14"Waterline Creek Crossing at Via Estenaga 01500- 1 H:\pdata\10104453\Admin\spec\01500-Temporary Facilities.doc 1 C. Install circuit and branch wiring, with area distribution boxes located so that power and lighting is available throughout the Site by use of construction type power cords. D. Provide properly configured NEMA polarized outlets to prevent insertion of 110- 120 volt plugs into higher voltage outlets. For connection of power tools and equipment, provide outlets equipped with ground-fault circuit interrupters compliant with NEC requirements, reset button and pilot light. E. Provide grounded extension cords. Use "hard-service" cords where exposed to abrasion and traffic. Provide waterproof connectors to connect separate lengths of electric cords if more than one length is required. F. Provide general service incandescent lamps as required for adequate - illumination. Provide guard cages or tempered glass enclosures, where exposed to breakage. Provide exterior fixtures where exposed to moisture. G. Minimum lighting shall be 5 footcandles for open areas and 10 footcandles for stairs and shops. Provide a minimum of one 300-watt lamp every 20 feet in work areas. _ 1.3 TEMPORARY WATER A. The Contractor shall arrange with the Owner to obtain water for construction purposes from the Owner's existing water system. The size of the water line connection shall not exceed 2-in or as approved by the Owner's representative. B. Install branch piping with taps located so that water is available throughout the construction site by the use of temporary piping. C. Install at each and every connection to the Owner's water supply a backflow preventor meeting the requirements of ANSI A40.6, latest revision and the Owner's requirements. D. Contractor shall meter all water used. The Contractor will not be charged for water usage with the exception of any additional hydrostatic testing of Terminal Reservoir No. 3 should the initial hydrostatic test fail. Refer to Section 01410 for the Cleanup, Testing and Disinfection requirements for the Terminal Reservoir No. 3 facilities. E. The Contractor shall provide all temporary piping and appurtenances as may be required for the cleaning and testing of pipelines and equipment necessary for his/her and his/her subcontractor's work. Temporary piping and appurtenances shall be removed upon approval of equipment being tested. F. The Contractor shall maintain a safe drinking water supply readily available to all workers. City of San Juan Capistrano TEMPORARY FACILITIES 14"Waterline Creek Crossing at Via Estenaga 01500-2 H:\pdata\10104453\Admin\spec\01500-Temporary Facilities.doc 1 ' 1.4 TEMPORARY AIR The Contractor shall provide all air, including temporary piping and appurtenances required therefore, as may be required for the cleaning and testing of pipelines and equipment necessary for his/her and his/her subcontractor's work. Temporary piping and appurtenances shall be removed upon approval of equipment being tested. 1.5 TEMPORARY SANITARY FACILITIES Provide self-contained, single-occupant toilet units of the chemical, aerated recirculation, ' or combustion type, properly vented and fully enclosed in a fiberglass or other approved non- absorbent shell. Toilets shall be located near the Work site and secluded from observation insofar as possible. Toilets shall be serviced at regular intervals, kept clean ' and supplied throughout the course of the Work. 1.6 FIRE EXTINGUISHERS ' Provide portable UL-rated, Class A fire extinguishers for temporary offices and similar spaces. In other locations, provide portable UL-rated Class ABC dry chemical extinguishers or a combination of NFPA recommended Classes for the exposure. ' Comply with NFPA 10 and 241 for classification, extinguishing agent and size required by location and class of fire exposure. ' PART 2 - NOT USED PART 3 - NOT USED END OF SECTION ' City of San Juan Capistrano TEMPORARY FACILITIES 14"Waterline Creek Crossing at Via Estenaga 01500-3 H:\pdata\10104453Vadmin\spec\01500-Temporary Facilities.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano TEMPORARY FACILITIES 14"Waterline Creek Crossing at Via Estenaga 01500-4 H:\pdata\10104453\Admin\spec\01500-Temporary Facilities.doc ' SECTION 02223 TRENCHING, BACKFILLING AND COMPACTION This project shall conform to the Capistrano Valley Water District's Standard Specifications Section 02223 Trenching, Backfilling and Compaction, with the following modifications: No changes shall be made to this section. END OF SECTION 1 1 ' City of San Juan Capistrano TRENCHING, BACKFILLING AND COMPACTION 14"Waterline Creek Crossing at Via Estenaga 02223-1 H:\pdata\10104453\Admin\spec\02223-trenchbackandcomp.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano TRENCHING, BACKFILLING AND COMPACTION 14"Waterline Creek Crossing at Via Estenaga 02223-2 H:\pdata\10104453\Admin\spec\02223-trenchbackandcomp.doc ' SECTION 02320 HORIZONTAL DIRECTIONAL DRILLING ' PART 1 - GENERAL 1.1 DESCRIPTION ' The work specified in this section consists of furnishing and installing underground utilities using the horizontal directional drilling (HDD) method of installation, also commonly referred to as directional boring or guided horizontal boring. This work shall ' include all services, equipment, materials, and labor for the complete and proper installation, testing, restoration of underground utilities and environmental protection and restoration. ' 1.2 SUBMITTALS A. WORK PLAN Prior to beginning work, the Contractor must submit to the Engineer a general work plan outlining the procedure and schedule to be used to execute the project. Plan should document the thoughtful planning required to successfully complete the project. B. EQUIPMENT ' Contractor will submit specifications on directional drilling equipment to be used to ensure that the equipment will be adequate to complete the project. ' C. MATERIAL Specifications on material to be used shall be submitted to Engineer, Material ' shall include the pipe, fittings and any other item, which is to be an installed component of the project. ' 1.3 QUALITY ASSURANCE The requirements set forth in this document specify a wide range of procedural precautions necessary to insure that the very basic, essential aspects of a proper ' directional bore installation are adequately controlled. Strict adherence shall be required under specifically covered conditions outlined in this specification. Adherence to the specifications contained herein, or the Engineer's approval of any aspect of any ' directional bore operation covered by this specification, shall in no way relieve the Contractor of their ultimate responsibility for the satisfactory completion of the work authorized under the Contract. 1 City of San Juan Capistrano HORIZONTAL DIRECTIONAL DRILLING 14"Waterline Creek Crossing at Via Estenaga 02320-1 H:\pdata\10104453\Admin\spec\02320-HDD.doc PART 2 - EQUIPMENT REQUIREMENTS 2.1 EQUIPMENT The directional drilling equipment shall consist of a directional drilling rig of sufficient capacity to perform the bore and pullback the pipe, a drilling fluid mixing & delivery, system of sufficient capacity to successfully complete the crossing, a guidance system to accurately guide boring operations and trained and competent personnel to operate the system. All equipment shall be in good, safe operating condition with sufficient supplies, materials and spare parts on hand to maintain the system in good working order for the duration of this project. 2.2 DRILLING SYSTEM _ A. DRILLING RIG The directional drilling machine shall consist of a hydraulically powered system to rotate, push and pull hollow drill pipe into the ground at a variable angle while delivering a pressurized fluid mixture to a guidable drill (bore) head. The machine shall be anchored to the ground to withstand the pulling, pushing and rotating pressure required to complete the crossing. The hydraulic power system shall be self-contained with sufficient pressure and volume to power drilling operations. Hydraulic system shall be free of leaks. Rig shall have a system to monitor and record maximum pull-back pressure during pull-back operations. _ B. DRILL HEAD The drill head shall be steerable by changing it's rotation and shall provide the necessary cutting surfaces and drilling fluid jets. C. MUD MOTORS (if required) - Mud motors shall be of adequate power to turn the required drilling tools. D. DRILL PIPE Shall be constructed of high quality 4130 seamless tubing, grade D or better, with threaded box and pins. Tool joints should be hardened to 32-36 RC. 2.3 GUIDANCE SYSTEM The Guidance System shall be of a proven type and shall be setup and operated by _ personnel trained and experienced with this system. The Operator shall be aware of any magnetic anomalies and shall consider such influences in the operation of the guidance system if using a magnetic system. City of San Juan Capistrano HORIZONTAL DIRECTIONAL DRILLING 14"Waterline Creek Crossing at Via Estenaga 02320-2 H:\pdata\10104453\Admin\spec\02320-H D D.doc 2.4 DRILLING FLUID (MUD) SYSTEM ' A. MIXING SYSTEM A self-contained, closed, drilling fluid mixing system shall be of sufficient size to mix and deliver drilling fluid composed of bentonite clay, potable water and appropriate additives. Mixing system shall be able to molecularly shear individual bentonite particles from the dry powder to avoid clumping and ensure thorough mixing. The drilling fluid reservoir tank shall be sized for adequate storage of the ' mud. Mixing system shall continually agitate the drilling fluid during drilling operations. B. DRILLING FLUIDS ' Drilling fluid shall be composed of clean water and an appropriate additive. Water shall be from a clean source with a pH of 8.5— 10 and/or as per mixing ' requirements of the Manufacturer. Water of a lower pH or with excessive calcium shall be treated with the appropriate amount of sodium carbonate or equal. The water and additives shall be mixed thoroughly and be absent of any clumps or clods. No hazardous additives may be used. Drilling fluid shall be maintained at a ' viscosity sufficient to suspend cuttings and maintain the integrity of bore wall. C. DELIVERY SYSTEM ' The mud pumping system shall have a minimum capacity to supply mud in accordance with the drilling equipment pull-back rating at a constant required pressure. The delivery system shall have filters in-line to prevent solids from ' being pumped into the drill pipe. Connections between the pump and drill pipe shall be relatively leak-free. Used drilling fluid and drilling fluid spilled during drilling operations shall be contained and properly disposed of. A berm, minimum of 12" high, shall be maintained around drill rigs, drilling fluid mixing system, entry and exit pits and drilling fluid recycling system (if used)to prevent spills into the surrounding environment. Pumps and or vacuum truck(s) of sufficient size shall ' be in place to convey excess drilling fluid from containment areas to storage facilities. ' 2.5 OTHER EQUIPMENT A. PIPE ROLLERS ' Pipe rollers, if required, shall be of sufficient size to fully support the weight of the pipe while being hydro-tested and during pull-back operations. Sufficient number of rollers shall used to prevent excess sagging of pipe. ' B. PIPE RAMMERS Hydraulic or pneumatic pipe rammers may only be used if necessary and with the authorization of Engineer. 1 ' City of San Juan Capistrano HORIZONTAL DIRECTIONAL DRILLING 14"Waterline Creek Crossing at Via Estenaga 02320-3 H:\pdata\10104453\Admin\spec\02320-HDD.doc C. RESTRICTIONS Other devices or utility placement systems for providing horizontal thrust other than those previously defined in the preceding sections shall not be used unless approved by the Engineer prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system will be evaluated prior to approval or rejection on its - potential ability to complete the utility placement satisfactorily without undue stoppage and to maintain line and grade within the tolerances prescribed by the particular conditions of the project. PART 3 - OPERATIONS 3.1 GENERAL The Engineer must be notified 48 hours in advance of starting work. The Directional Bore shall not begin until the Engineer is present at the job site and agrees that proper preparations for the operation have been made. The Engineer approval for beginning the installation shall in no way relieve the Contractor of the ultimate responsibility for the satisfactory completion of the work as authorized under the Contract. It shall be the _ responsibility of Engineer to provide inspection personnel at such times as appropriate without causing undue hardship by reason of delay to the Contractor. • The HDD Contractor shall calibrate its tracking and locating equipment at the -- beginning of each work day. A log shall be maintained and submitted to the City. • The HDD Contractor shall monitor and record the alignment and depth readings provided by the tracking system — • Every 25 to 30 feet (8 to 9 meters) for normal conditions • Every 5 to 10 feet (2 to 3 meters)where precise alignment control is necessary • The HDD Contractor shall complete the HDD installation as designed and permitted both horizontally and vertically unless otherwise authorized by the City • The HDD Contractor shall at all times and for the entire length of the HDD alignment be able to demonstrate and provide the • The horizontal and vertical position of the alignment • The fluid volume used, return rates, and pressures • The municipal inspector should monitor and verify the alignment measurements provided by the HDD Contractor • The HDD Contractor shall inspect the work and surrounding area to ensure that no construction-related damage has occurred including • Heaving or humping of paved surfaces, and • Drilling fluid fractures or releases • At the request of the City, the Contractor shall provide access for inspection of the HDD operations City of San Juan Capistrano HORIZONTAL DIRECTIONAL DRILLING 14"Waterline Creek Crossing at Via Estenaga 02320-4 H:\pdata\10104453\Admin\spec\02320-HDD.doe ' 3.2 PERSONNEL REQUIREMENTS All personnel shall be fully trained in their respective duties as part of the directional drilling crew and in safety. ' 3.3 DRILLING PROCEDURE A. SITE PREPARATION 1. Prior to any alterations to work-site, contractor shall photograph or video ' tape entire work area, including entry and exit points. One copy of which shall be given to Engineer and one copy to remain with contractor for a period of one year following the completion of the project. ' 2. Work site as indicated on drawings,within right-of-way, shall be graded or filled to provide a level working area. No alterations beyond what is required for operations are to be made. Contractor shall confine all activities to designated work areas. B. DRILL PATH SURVEY ' Entire drill path shall be accurately surveyed with entry and exit stakes placed in the appropriate locations within the areas indicated on drawings. If contractor is using a magnetic guidance system, drill path will be surveyed for any surface ' geomagneticvariations or anomalies. C. ENVIRONMENTAL PROTECTION ' Contractor shall place silt fence between all drilling operations and any drainage, wetland, waterway or other area designated for such protection by contract documents, state, federal and local regulations. Additional environmental ' protection necessary to contain any hydraulic or drilling fluid spills shall be put in place, including berms, liners, turbidity curtains and other measures. Contractor shall adhere to all applicable environmental regulations. Fuel or oil may not be stored in bulk containers within 200' of any water-body or wetland. D. SAFETY ' Contractor shall adhere to all applicable state, federal and local safety regulations and all operations shall be conducted in a safe manner. Safety meetings shall be conducted at least weekly with a written record of attendance and topic submitted to Engineer. E. PIPE ' Pipe shall be in accordance with Specification Section 15065, Pipe, shall be welded/fused together in one length, if space permits. Steel pipe welds will be X- rayed prior to being placed in bore hole. Pipe will be placed on pipe rollers before pulling into bore hole with rollers spaced close enough to prevent excessive sagging of pipe. ' City of San Juan Capistrano HORIZONTAL DIRECTIONAL DRILLING 14"Waterline Creek Crossing at Via Estenaga 02320-5 H:\pdata\10104453 Wd m i n\spec\02320-HD D.doc F. PILOT HOLE 1. Pilot hole shall be drilled on bore path with no deviations greater than 5% _ of depth over a length of 100'. In the event that pilot does deviate from bore path more than 5% of depth in 100', contractor will notify Engineer and Engineer may require contractor to pull-back and re-drill from the location along bore path before the deviation. 2. In the event that a drilling fluid fracture, inadvertent returns or returns loss occurs during pilot hole drilling operations, contractor shall cease drilling, wait at least 30 minutes, inject a quantity of drilling fluid with a viscosity exceeding 120 seconds as measured by a March funnel and then wait another 30 minutes. If mud fracture or returns loss continues, contractor will cease operations and notify Engineer. Engineer and contractor will discuss additional options and work will then proceed accordingly. G. REAMING Upon successful completion of pilot hole, contractor will ream bore hole to a minimum of 25% greater than outside diameter of pipe using the appropriate _ tools. Contractor will not attempt to ream at one time more than the drilling equipment and mud system are designed to safely handle. H. PULL-BACK 1. After successfully reaming bore hole to the required diameter, contractor will pull the pipe through the bore hole.In front of the pipe will be a swivel. — Once pullback operations have commenced, operations must continue without interruption until pipe is completely pulled into bore hole. During pull-back operations contractor will not apply more than the maximum safe pipe pull pressure at any time. 2. In the event that pipe becomes stuck, contractor will cease pulling operations to allow any potential hydro-lock to subside and will commence pulling operations. If pipe remains stuck, contractor will notify Engineer. Engineer and contractor will discuss options and then work will proceed accordingly. I. POST CONSTRUCTION Items noted below shall be performed following construction: • Prior to the start of backfilling excavations under paved surfaces, the Contractor shall notify the City to schedule an inspection • The Contractor shall ensure that all cleanup and restoration is in compliance with the City's requirements for right-of-way restoration. Upon completion of all right-of-way restoration activities, the Contractor will schedule a closeout inspection • The Contractor shall notify the City upon completion of all project work including final punch list items City of San Juan Capistrano HORIZONTAL DIRECTIONAL DRILLING 14"Waterline Creek Crossing at Via Estenaga 02320-6 H:\pdata\10104453\Admin\spec\02320-HDD.doc ' The Contractor's 2-year maintenance period will not begin until any corrective actions required have been completed and subsequently approved by the City ' J. Drilling Fluid Containment and Disposal Requirements The HDD Contractor shall contain, handle, and dispose of drilling fluids in accordance with the following requirements: • All drilling fluid and fluid additives shall be disclosed, and Material Safety Data Sheets (MSDS)shall be provided to the City upon request. ' • Excess drilling fluid shall be confined in a containment pit at the entry and exit locations until recycled or removed from the site. ' • Precautions shall be taken to insure that drilling fluid does not enter roadways, streams, municipal storm or sanitary sewer lines, and/or any other drainage system or body of water. ' • Unintended surfacing of drilling fluid shall be contained at the point of discharge and recycled or removed from the site. • Drilling fluids that are not recycled and reused shall be removed from the site and disposed at an approved disposal site. • Drilling fluids shall be completely removed from the construction site prior to back filling or restoring the site. • Collection, transportation, and disposal of drilling fluids shall be ' environmentally safe and comply with local ordinances and government regulations. 3.4 PIPE TESTING Sections 15041 and 15042 shall be followed in its entirety following pull-back of the pipe. A. All mains shall by swabbed. B. All mains shall be chlorinated. ' C. Pressure-test pipe using potable water for a period of 2 hours at a pressure of 150 psi. A calibrated pressure recorder or pressure gauge will be used to record the pressure during the test period. ' 3.5 SITE RESTORATION Following drilling operations, contractor will de-mobilize equipment and restore the worksite to original condition. All excavations will be backfilled and compacted to 95% of original density. Landscaping will be restored to original. All drilling mud shall be disposed of by the CONTRACTOR. City of San Juan Capistrano HORIZONTAL DIRECTIONAL DRILLING 14"Waterline Creek Crossing at Via Estenaga 02320-7 H:\pdata\10104453\Ad mi n\spec\02320-H D D.doc 3.6 RECORD KEEPING A. As-Builts—Contractor shall maintain a daily project log of drilling operations and a – guidance system log with a copy given to Engineer at completion of project. These field records and operator notes shall specify: 1. The type of tracking equipment used 2. The length and depth of the HDD installation 3. Additional information that may include steering adjustments and other equipment performance parameters B. As Built plans shall be derived from the tracking data and operator logs. At a minimum, the drawings shall indicate: 1. Horizontal and vertical HDD alignment (dimensioned) 2. Existing utility horizontal locations and depths at all exposed or potholed _ locations 3. Existing utility horizontal locations where indicated with field locates C. As-built drawings shall be certified as to accuracy by contractor. END OF SECTION City of San Juan Capistrano HORIZONTAL DIRECTIONAL DRILLING 14"Waterline Creek Crossing at Via Estenaga 02320-8 H:\pdata\10104453Wdnnin\spec\02320-H DD.doc SECTION 02831 TEMPORARY CHAIN LINK FENCES PART1 - GENERAL 1.1 SECTION INCLUDES ' A. Fence framework, fabric, and accessories. B. Excavation for post bases; concrete foundation for posts, and center drop for ' gates. C. Manual gates and related hardware. 1.2 RELATED SECTIONS - NOT USED 1.3 UNIT PRICE - MEASUREMENT AND PAYMENT Fencing: By Lump Sum to be included in mobilization costs. Includes posts, rails, gates, tension wire, fabric, accessories, attachments, and footings. ' 1.4 REFERENCES A. ASTM A116 -Zinc-Coated (Galvanized) Steel Woven Wire Fence Fabric. B. ASTM A121 - Zinc-Coated (Galvanized) Steel Barbed Wire. C. ASTM A123 - Zinc (Hot Dip Galvanized) Coatings on Iron and Steel Products. D. ASTM A153 -Zinc Coating (Hot-Dip) on Iron and Steel Hardware. E, ASTM A392 - Zinc-Coated Steel Chain-Link Fence Fabric. F. ASTM A428 -Weight of Coating on Aluminum-Coated Iron or Steel Articles. ' G. ASTM A446 - Steel Sheet, Zinc-Coated (Galvanized) by the Hot-Dip Process, Structural (Physical) Quality. ' H. ASTM A491 - Aluminum-Coated Steel Chain Link Fence Fabric. 1. ASTM A569 - Steel, Carbon (0.15 Maximum Percent), Hot-Rolled Sheet and ' Strip Commercial Quality. J. ASTM A585 - Aluminum Coated Steel Barbed Wire. ' K. ASTM C94 - Ready-mixed Concrete. L. ASTM F567 - Installation of Chain-Link Fence. M. ASTM F573 - Residential Zinc-Coated Steel Chain Link Fence Fabric. ' N. ASTM F668 - Poly (Vinyl Chloride) (PVC) Coated Steel Chain Link Fence Fabric. City of San Juan Capistrano TEMPORARY CHAIN LINK FENCE 14"Waterline Creek Crossing at Via Estenaga 02831-1 H:\pdata\10104453\Adminkspec\02831-TempCLF.doc O. ASTM F669 - Strength Requirements of Metal Posts and Rails for Industrial - Chain Link Fence. P. ASTM F1083 - Pipe, Steel, Hot-Dipped Zinc-Coated (Galvanized)Welded, for - Fence Structures. Q. ASTM F1234 - Protective Coatings on Steel Framework for Fences. R. Chain Link Fence Manufacturers Institute (CLFMI) - Product Manual. 1.5 SYSTEM DESCRIPTION A. Fence Height: 6'-0" B. Line Post Spacing: At intervals not exceeding 10 feet. C. Fence Post and Rail Strength: Conform to ASTM F669 Heavy Industrial Fence quality. D. Limits: Temporary fencing shall extend around entire project site along the encroachment boundary to prevent public access. — 1.6 QUALITY ASSURANCE Perform Work in accordance with ASTM F567. — 1.7 QUALIFICATIONS Manufacturer: Company specializing in manufacturing the products specified in this section with minimum three years documented experience. PART 2 - PRODUCTS 2.1 MATERIALS AND COMPONENTS A. Materials and Components: Conform to CLFMI Product Manual. B. Fabric Size: CLFMI Heavy Industrial service. C. Intermediate Posts: Type I round. D. Terminal, Corner, Rail, Brace, and Gate Posts: Type I round. E. Gates: An 6'-0" high two-door gate shall be installed at access points. 2.2 ACCESSORIES A. Caps: Cast steel galvanized sized to post diameter, set screw retainer. B. Fittings: Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings; steel. C. Gate Hardware: Fork latch with gravity drop gate, two hinges per leaf and _ hardware for padlock. City of San Juan Capistrano TEMPORARY CHAIN LINK FENCE 14"Waterline Creek Crossing at Via Estenaga 02831-2 H:\pdata\10104453\Admin\spec\02831-TempCLF.doc ' 2.3 FINISHES A. Components and Fabric: Galvanized to ASTM A123; 2.0 oz/sq ft coating. ' B. Hardware: Galvanized to ASTM A153, 2.0oz1sq ft coating. C. Accessories: Same finish as framing. PART 3 - EXECUTION 3.1 INSTALLATION A. Install framework, fabric, accessories and gates in accordance with ASTM F567. ' B. Place fabric on inside of posts and rails. C. Set intermediate, terminal, and gate posts plumb in concrete footings with top of ' footing flush with finish grade. Slope top of concrete for water runoff. 3.2 ERECTION TOLERANCES ' A, Maximum Variation from Plumb: 114 inch. B. Maximum Offset from True Position: 1 inch. C. Components shall not infringe adjacent property lines. ' END OF SECTION 1 ' City of San Juan Capistrano TEMPORARY CHAIN LINK FENCE 14"Waterline Creek Crossing at Via Estenaga 02831-3 H:\pdata\10104453\Admin\spec\02831-TempCLF.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano TEMPORARY CHAIN LINK FENCE 14"Waterline Creek Crossing at Via Estenaga 02831-4 H:\pdata\10104453Wdmin\spec\02831-TempCLF.doc ' SECTION 09900 PAINTING AND COATING PART1 - GENERAL 1.1 DESCRIPTION This Section describes materials and application of painting and coating systems for metal and concrete surfaces. 1.2 SUBMITTALS A. Submit shop drawings in accordance with Section 01000 and the following. ' B. Submit manufacturer's data sheets showing the following information: 1. Recommended surface preparation. ' 2. Minimum recommended dry-film thicknesses per coat for prime, intermediate, and finish coats. ' 3. Percent solids by volume. 4. Recommended thinners. ' 5. Statement that the selected prime coat is recommended by the manufacturer for use with the selected intermediate and finish coats. ' 6. Application instructions including recommended application, equipment, humidity, and temperature limitations. ' 7. Submit certification that all coatings conform to South Coast Air Quality Management City Rules and Regulations for all products and application. ' 8. Product Data Sheets and Material Safety Data Sheets for all products. PART 2 - MATERIALS 1 2.1 COLOR SYSTEM FOR COATINGS Unless noted otherwise, colors for finish coats (Above Ground, in buildings or in vaults) shall be as selected by the City. 2.2 COATING SYSTEM FOR IMMERSED METAL SURFACES A. System No. 1-1—Immersed Metal, Corrosive Environment Type: Fusion Bonded Epoxy Coating. Service Conditions: Use on inside and outside surfaces of steel pipe. Surface Preparation: As required by Manufacturer's published recommendations. ' Application: The coating shall be applied in two coats for a final minimum DFT of 18 to 20 mils or as required for specific service. City of San Juan Capistrano PAINTING AND COATING 14"Waterline Creek Crossing at Via Estenaga 09900- 1 H:\pdata\10104453\Adm i n\spec\09900-PaintingCoating.doc Preparation and Application shall be performed by a company approved by the coating manufacturer to apply their products. Written proof of manufacturers approval shall be submitted with shop drawings, Product: 3M Skotchkote 134 Approved applicators are: Fletcher Coating Co. (714) 637.4763. 2.3 COATING SYSTEMS FOR EXPOSED METAL A. System No. C-1--Exposed Metal, Corrosive Environment Type: Inorganic zinc, high build epoxy, urethane. Service Conditions: Use on metal structures, piping, valves, fittings, and appurtenances subjected to continuous water condensation (such as in vaults or — trenches or above ground), or occasional immersion or splashing. Surface Preparation: SSPC SP-10. Prime Coat: Inorganic zinc rich primer. Apply to a dry-film thickness of 3 mils. Products: Coating shall be Devoe Catha Coat 302H, or approved equal. — Intermediate Coat: Apply to a dry-film thickness of 4-6 mils: Coating shall be Devoe Devran 224HS, or approved equal. _ Finish Coat: 3 mil dry-film thickness: Coating shall be Devoe Devthane 379, or approved equal. B. System No. C-2--Exposed Metal, Atmospheric Weathering Environment Type: High build epoxy and urethane. _ Service Conditions: Use on exterior steel and piping, fittings, and appurtenances subject to sunlight and weathering. Surface Preparation: SSPC SP-6. Prime and Intermediate Coat: Apply to a dry-film thickness of 4-6 mils for each coat: Coating shall be Devoe Devran 224 HS, or approved equal. Finish Coat: One coat of 2-3 mil dry-film thickness: Coating shall be Devoe Devthane 379, or approved equal. C. System No. C-3--Exposed Non-ferrous Metal and Galvanized Steel _ Type: High solids epoxy coating with aliphatic polyurethane finish coat. Service Conditions: Use to coat non-ferrous and galvanized steel pipe, fittings, and appurtenances. Surface Preparation: SSPC SP-3. Prime Coat: Apply to a dry-film thickness of 4-6 mils: — Coating shall be Devoe Devran 224HS, or approved equal. City of San Juan Capistrano PAINTING AND COATING 14"Waterline Creek Crossing at Via Estenaga 09900-2 H:\pdata\10104453\Ad min\spec\09900-Painting Coati ng.doc 1 Finish Coat: Apply to a dry-film thickness of 4-6 mils: Coating shall be Devoe Devran 224HS, or approved equal. ' 2.4 COATING SYSTEM FOR BURIED METAL A. System No. D-1 — Buried Metal ' Type: coal-tar epoxy having a minimum volume solids of 78% and complying with MIL-P-23236. ' Service Conditions: Use to coat buried metal (flanges, bolts and nuts, fittings, flexible pipe couplings, structural steel etc.). Surface Preparation: SSPC SP-10. Prime Coat: Apply to a dry-film thickness of 8 mils: Finish Coats: Two coats of 8 mils dry-film thickness for each coat. Coating shall be Tnemec 46-413, or approved equal. 2.5 COATING SYSTEM FOR METAL IN CONTACT WITH CONCRETE ' A. System No. E-1--Aluminum and Concrete Insulation Type: Coal Tar. ' Service Conditions: Use to coat areas of aluminum grating, gates, stairs, or structural members in contact with concrete. ' Surface Preparation: SSPC SP-1. Prime Coat and Finish Coat: Two coats of 12 mil dry-film thickness each coat. Coating shall be Tnemec 46-465, or approved equal. 2.6 COATING SYSTEM FOR EXPOSED PVC PIPE ' A. System No. F-1--Exposed PVC Pipe Type: Pigmented Polyurethane Enamel coating having a minimum volume solids of 52%. ' Service Conditions: Use to coat all exposed PVC, CPVC or RFP piping. Surface Preparation: Clean and dry surfaces prior to application of coating to ' SSPC SP-1, then lightly abrade surfaces with medium grain sandpaper. Finish Coat: Apply to dry-film thickness of 5 mils: ' Coating shall be Tnemec Series 71, or approved equal. City of San Juan Capistrano PAINTING AND COATING 14"Waterline Creek Crossing at Via Estenaga 09900-3 H:\pdata\10104453\Admin\spec\09900-PaintingCoating.doc 2.7 COATING SYSTEM FOR VALVE INTERIOR A. System No. G-1--Interior Surface of Ferrous-Metal Valves Type: Fusion Bonded epoxy coating. Service Conditions: Use to coat interior surfaces of ferrous metal valves, excluding seating areas and bronze and stainless steel pieces. Surface Preparation: Minimum SSPC SP-5. Remove protuberances which may produce pinholes in the coating. Round sharp edges. Remove surface contaminants which may prevent bonding of the coating shall be removed. Coating: Apply to a dry-film thickness of 12 mils in accordance with manufacturer's recommendation: Coating shall be Skotchkote 134 by 3M, or approved equal. 2.8 COATING SYSTEM FOR CONCRETE SURFACES A. System No. H-1—Concrete Surface Subject to Chemical Immersion Type: Hybrid Novolac Epoxy. — Service Conditions: Use to coat surfaces of containment and sump areas Surface Preparation and Application: SSPC-SP-5 and per manufacturer's — recommendations. Coating: Apply to a dry-film thickness of 80 mils in accordance with manufacturer's recommendation. — Coating shall be IECC Enviroline 150. Additional Requirements: The applicator shall be approved by the manufacturer. _ 2.9 COATING SYSTEM FOR STEEL SURFACES A. System No. I-3—Interior and/or Exterior Surface of Steel Pipe Type: Fusion Bonded epoxy coating. Service Conditions: Use to coat surfaces of specified steel pipe. — Surface Preparation: Minimum SSPC SP-10. Remove protuberances which may produce pinholes in the coating. Round sharp edges. Remove surface contaminants which may prevent bonding of the coating shall be removed. Coating: Apply to a minimum dry-film thickness of 15 mils in accordance with manufacturer's recommendation: Coating shall be Skotchkote 134 by 3M, or approved equal. Additional Requirements: The appliction shall be NSF approved for potable water applications. Approved applicators are: Fletcher Coating Co. (714) 637.4763. 2.10 AIR QUALITY REQUIREMENTS Materials shall comply with South Coast Air Quality Management Department's Rule 1107 for shop coating and Rule 1113 for field coating. City of San Juan Capistrano PAINTING AND COATING 14"Waterline Creek Crossing at Via Estenaga 09900-4 H:\pdata\10104453\Admin\spec\09900-PaintingCoating.doc 1 ' PART 3 - EXECUTION 3.1 SURFACE PREPARATION ' A. General: Sandblast or prepare only as much surface area as can be coated in one day. Remove all sharp edges, burrs, and weld spatter. Do not sandblast Epoxy-coated pipe that has been factory coated shall not be sandblasted. 1 B. SSPC Specifications: Wherever the words "solvent cleaning,""hand tool cleaning," "wire brushing," or"blast cleaning" or similar words are used in these ' specifications or in paint manufacturer's specifications, they shall be understood to refer to the applicable SSPC (Steel Structures Painting Council, Surfaces Preparation Specifications, ANSI A159.1) specifications listed below: SP-1 Solvent Cleaning SP-2 Hand Tool Cleaning ' SP-3 Power Tool Cleaning SP-5 White Metal Blast Cleaning SP-6 Commercial Blast Cleaning SP-7 Brush-Off Blast Cleaning ' SP-8 Pickling SP-10 Near White Blast Cleaning ' C. Sandblasting: Provide suitable enclosure, exhaust system, and bag house for sandblasting operations in accordance with applicable air quality requirements. ' 3.2 PAINTING SYSTEMS Deliver all paints to the site in the original, unopened containers. All materials of a specified painting system, including primer, intermediate, and finish coats, shall be ' produced by the same manufacturer. Thinners, cleaners, driers, and other additives shall be as recommended by the paint manufacturer for the particular coating system. 3.3 PAINT MIXING ' Prepare multiple-component coatings using all the contents of each component container as packaged by the paint manufacturer. Do not use partial batches. Do not ' use multiple-component coatings that have been mixed beyond their pot life. Provide small quantity kits for touch-up painting and for painting other small areas. Mix only the components specified and furnished by the paint manufacturer. For reasons of color or otherwise, do not intermix additional components, even within the same generic type of ' coating. ' City of San Juan Capistrano PAINTING AND COATING 14"Waterline Creek Crossing at Via Estenaga 09900-5 H:\pdata\10104453\Admin\spec\09900-PaintingCoating.doc 1 3.4 SURFACES NOT PAINTED Unless noted otherwise, do not paint the following surfaces and fully protect them when adjacent areas are painted: A. Mortar-coated pipe and fittings B. Stainless Steel C. Metal letters D. Nameplates and grease fittings E. Aluminum grating F. Brass and copper tubing G. Buried pipe, unless specifically required in the piping specifications 3.5 PROTECTION OF SURFACES NOT PAINTED Remove, mask, or otherwise protect hardware, lighting fixtures, switch plates, aluminum surfaces, machined surfaces, couplings, shafts, bearings, nameplates on machinery, and other surfaces not intended to be painted. Provide drop cloths to prevent paint materials _ from falling on or marring adjacent surfaces. Protect working parts of mechanical and electrical equipment from damage during surface preparation and painting process. Safely mask openings in motors shall be to prevent paint and other materials from entering the motors. Completely remove all masking materials and clean surfaces at completion of painting operations. 3.6 MISCELLANEOUS SURFACES TO BE COATED — Coat surfaces as described below: A. Above Ground and Exposed Piping: Coat above ground and exposed piping or piping in vaults and structures as described in the various piping specifications and as specified herein. Color shall be as specified herein or as required by the Engineer. B. Valves: Coat valves as described in the various valve specifications. Above ground valves, or valves in vaults and structures, shall match the color of the connecting piping. C. Valve Can Lids: Coat valve can lids per System No. C-1. D. Buried Items: Coat buried flanges, nuts and bolts, valves, flexible pipe couplings, exposed rebar from thrust blocks, and valve boxes per System No. D-1 unless otherwise specified in the particular specifications for these items. E. Above Ground Structural Steel and Structural Steel in Vaults: Coat above ground structural steel or structural steel located in vaults and structures as described in the exposed metal coating system section. City of San Juan Capistrano PAINTING AND COATING 14"Waterline Creek Crossing at Via Estenaga 09900-6 H:\pd ata\10104453 W dm i n\s pec\09900-Pai nting Co ati ng.doc F. Pipe Supports: Coat pipe supports in vaults coated the same as the adjacent piping. If pipe is PVC, coat pipe supports per System No. C-1. ' G. Exposed Indoor Galvanized Electrical Conduit: Coat exposed indoor galvanized electrical conduit per System No. C-3. Color of finish coat shall be OSHA Safety Orange. ' H. Mechanical Equipment: Coat mechanical equipment in accordance with System C-1. ' I. Aluminum in Contact with Concrete: Coat aluminum surfaces in contact with concrete shall be coated per System No. E-1. ' 3.7 COLOR SCHEDULE Color Guidelines: Unless noted otherwise, finish-coating colors shall be submitted by the Contractor for review and selection by the City. ' 3.8 FIELD TOUCH UP OF SHOP-APPLIED PRIME COATS ' A. Organic Zinc Primer: Surfaces that are shop primed with inorganic zinc primers shall receive a field touchup of organic zinc primer to cover all scratches or abraded areas. Organic zinc coating system shall have a minimum volume solids of 54% and a minimum zinc content of 14 pounds per gallon. Coating shall be of ' the converted epoxy, epoxy phenolic, or urethane type and shall be Tnemec 90- 97, 3 mils; International Zinc Lock Epoxy 308, 3 mils; or approved equal. Organic zinc primer shall be manufactured by the prime coat and finish coat manufacturer. B. Other Surfaces: Other surfaces that are shop primed shall receive a field ' touchup of the same primer used in the original prime coat. 3.9 DRY-FILM THICKNESS TESTING ' A. Coating Thickness Testing: At the City's discretion, coating thicknesses specified for steel surfaces may be measured by the City with a magnetic-type Dry-film Thickness Gage. Each coat may be checked for the correct dry-film thickness. ' Measurement shall be made after a minimum of eight hours after application of the coating. Non-magnetic surfaces shall be checked for coating thickness by micrometer measurement of cut and removed coupons. The Contractor is required to repair the coating at all locations where coupons are removed. B. Holiday Testing: At the City's discretion, finish coats (except zinc primer and ' galvanizing) may be tested by the City for holidays and discontinuities with an electrical holiday detector of the low-voltage, wet-sponge type. C. Repair: If the item has an improper finish color, insufficient film thickness, or ' holidays as determined by the City, the Contractor shall clean the surface and top-coat it with the specified paint material to obtain the specified color and coverage. Sanding shall be done by hand or power tools in visible areas of ' chipped, peeled, or abraded paint, feathering the edges. Prime the areas and finish coat in accordance with the Specifications. Work shall be free of runs, bridges, shiners, laps, or other imperfections. City of San Juan Capistrano PAINTING AND COATING 14"Waterline Creek Crossing at Via Estenaga 09900-7 H:\pdata\10104453 W d m in\spec\09900-Pai nti ng Coating.doc END OF SECTION City of San Juan Capistrano PAINTING AND COATING 14"Waterline Creek Crossing at Via Estenaga 09900-8 H:\pdata\10104453\Ad mi n\spec\09900-Pai nti ng Coating.doc SECTION 15041 CHLORINATION OF DOMESTIC WATER MAINS AND SERVICES FOR DISINFECTION ' This project shall conform to the City of San Juan Capistrano's Standard Specifications Section ' 15041 Chlorination of Domestic Water Mains, with the following modifications: No changes shall be made to this section. ' END OF SECTION t t City of San Juan Capistrano CHLORINATION OF DOMESTIC WATER MAINS 14"Waterline Creek Crossing at Via Estenaga AND SERVICES FOR DISINFECTION H:\pdata\10104453\Ndmin\spec\15041-Chlorination of Water Mains.doc 15041-1 THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano CHLORINATION OF DOMESTIC WATER MAINS 14"Waterline Creek Crossing at Via Estenaga AND SERVICES FOR DISINFECTION H:lpdata1101 04453�Adminlspec115041-Chlorination of Water Mains.doc 15041-2 ' SECTION 15051 INSTALLATION OF BURIED PIPE PART 1 - GENERAL 1.1 DESCRIPTION ' This section includes placement of buried pipelines and connections. 1.2 RELATED WORK DESCRIBED ELSEWHERE ' A. Section 02223 - Trenching, Backfill and Compaction B. Section 15042 - Hydrostatic Testing of Pressure Pipelines 1.3 SUBMITTALS Installation schedule. 1.4 PAYMENT ' Payment for the work in this section will be included as part of the unit price per lump sum bid amounts for the various types of pipe as stated in the bid documents. PART 2 - MATERIALS 2.1 PIPE MATERIAL ' Refer to the section on pipe by type. PART 3 - EXECUTION ' 3.1 DELIVERY AND TEMPORARY STORAGE OF PIPE AT SITE A. Limit on-site pipe storage to a maximum of one week. B. Avoid damage to the pipe. If necessary, provide suitable supports. 3.2 HANDLING OF PIPE Lift pipes with handling beams or wide belt slings as recommended by the pipe manufacturer. Do not use cable slings. 3.3 SANITATION OF PIPE INTERIOR A. During laying operations, do not place tools, clothing or other materials in the ' pipe. B. When pipe laying is not in progress, close the ends of the pipe by a vermin-proof plug constructed in a manner to deter entry by children and prevent the entrance of animals and foreign materials. City of San Juan Capistrano INSTALLATION OF BURIED PIPE 14'Waterline Creek Crossing at Via Estenaga 15051-1 H:\pdata\10104453\Admin\spec\15051-lnstaliBudedPipe.doe 3.4 PLACEMENT OF PIPE IN TRENCH A. Control water in trench per Section 02223. B. Lay pipes uphill if the grade exceeds ten percent (10%). C. Where pipe-bedding material is detailed below the subgrade, place and compact the bedding. D. Cut a depression to accommodate the pipe bell and external joint filler form and spaces to permit removal of the pipe handling slings. E. Lower the pipe onto the bedding and install it to line and grade along its full _ length of firm bearing except at the bell and at the sling depressions. The tolerance on grade is one-quarter inch (1/4"). The tolerance on line is one inch (1„). F. Proceed to complete the pipe embedment as specified in Section 02223. G. The radius of curvature of the trench shall determine the maximum length of pipe - section that can be used without exceeding the allowable deflection at a coupling. The deflection at any flexible joint shall not exceed that prescribed by the manufacturer of the pipe. The manufacturer's printed installation guide outlining the radii of curvature that can be negotiated with pipe sections of various lengths shall be followed. H. Proper implements, tools and facilities as recommended by the pipe manufacturer's standard printed installation instructions, shall be provided and used by the Contractor for safe and efficient execution of the work. All pipe, fittings, valves and accessories shall be carefully lowered into the trench by means of handling beams, wide belt slings or other suitable equipment in such a manner as to prevent damage to pipe and fittings. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. - I. Cutting and machining of the pipe shall be accomplished in accordance with the pipe manufacturer's standard procedures for this operation. Pipe shall not be cut _. with a cold chisel, or any other method that may fracture the pipe or will produce ragged, uneven edges. J. The pipe and accessories shall be inspected for defects prior to the lowering into the trench. Any defective, damaged or unsound pipe shall be repaired or replaced. All foreign matter or dirt shall be removed from the interior of the pipe before lowering into position in the trench. - K. When the grade or alignment of the pipe is obstructed by existing utility structures such as conduits, ducts, pipes, branch connections to main sewers or - main drains, the obstruction shall be permanently supported, relocated, removed or reconstructed by the Contractor in cooperation with owners of such utility structures. Unless otherwise indicated, this work shall be performed at the -- Contractor's expense. City of San Juan Capistrano INSTALLATION OF BURIED PIPE 14'Waterline Creek Crossing at Via Estenaga 15051-2 H:\pdata\10104453\Admin\spec\15051-InstallBuriedPipe.doc ' 3.5 ASSEMBLING RUBBER RING JOINTS A. Clean the ends of the pipe to be joined of foreign material. ' B. Immediately prior to lowering each section of pipe into the trench, apply a nontoxic water soluble vegetable soap solution to the inside of the bell of the pipe ' in the trench and to the rubber gasket and spigot groove of the pipe to be installed. Stretch the rubber gasket into the groove of the spigot end of the pipe to be inserted and distribute it uniformly around the circumference. C. Without tilting the pipe to be installed, enter its spigot into the bell of the pipe in the trench. Use come-a-longs or pipe jacks to drive spigot end home horizontally. Maintain joint recess recommended by pipe manufacturer or made- up joint. Where deflections at joints are required for curved alignment, do not exceed the pipe manufacturer's recommended maximum joint opening on one side. 3.6 OPERATIONS INCIDENTAL TO JOINT COMPLETION Plan joint completion to accommodate temporary test bulkheads for hydrostatic testing. ' 3.7 PIPE EMBEDMENT A. Provide sufficient space along each side of the pipe and the trench wall per plans to observe that the embedment material fills all spaces below pipe spring line under the pipe haunches. ' B. Start the backfilling operations specified in Section 02223 immediately after coating the field joints. ' 3.8 PIPELINE CLOSURE ASSEMBLIES Employ pipeline closure assemblies to unite sections of pipeline laid from opposite directions and to adjust the field length of the pipeline to meet structures, other pipelines, ' and points established by design stations. 3.9 FLANGED CONNECTIONS ' A. Lubricate nuts and bolts with oil or graphite prior to installation. B. Coat flanges and non-stainless-steel bolts with bitumen as specified. C. Wrap flanges to connect with buried valves or other equipment with two layers of polyethylene film specified for the valves and equipment. Extend the wrap over the flanges and bolts and secure it around the adjacent pipe circumference with tape. END OF SECTION ' City of San Juan Capistrano INSTALLATION OF BURIED PIPE 14'Waterline Creek Crossing at Via Estenaga 15051-3 H:\pdata\10104453\Hdmin\spec\15051-InstallBudedPipe.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano INSTALLATION OF BURIED PIPE 14'Waterline Creek Crossing at Via Estenaga 15051.4 H:\pd ata\10104453\Ad m i n\spec\15051-I nstall Bu vied Pi pe.doc 1 ' SECTION 15057 COPPER, BRASS, AND BRONZE PIPE FITTINGS, AND APPURTENANCES ' This project shall conform to the City of San Juan Capistrano's Standard Specifications Section 15057 Copper, Brass, and Bronze Pipe Fittings and Appurtenances, with the following modifications: ' No changes shall be made to this section. r END OF SECTION i r r r r r r r r r r r r City of San Juan Capistrano COPPER, BRASS,AND BRONZE PIPE 14'waterline Creek Crossing at Via Estenaga FITTINGS AND APPURTENANCES H:\pdata\10104453\Hdmin\spec\15057-Copper Fittings and App.doc 15057-1 r THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano COPPER, BRASS,AND BRONZE PIPE 14'Waterline Creek Crossing at Via Estenaga FITTINGS AND APPURTENANCES H:\pdata\10104453\Admin\spec\15057-Copper Fittings and App.doc 15057-2 SECTION 15065 HOPE POTABLE WATER PIPE PART1 - GENERAL 1.1 DESCRIPTION This specification covers requirements for AWWA PE 3408 High Density polyethylene pipe and fittings for underground drinking water lines. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Section 02223: Trenching, Backfilling and Compaction ' B. Section 15041: Chlorination of Domestic Water Mains C. Section 15042: Hydrostatic Testing of Pipeline ' 1.3 QUALITY ASSURANCE References, American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), Federal Specifications (FS), International Standards Organization (ISO), and manufacturer's printed recommendations. ' 1.4 SUBMITTALS Material list naming each product to be used identified by manufacturer and type number, in accordance with Section 01000 Paragraph 1.10. 1.5 PRODUCT HANDLING Handle pipe and fittings to insure delivery in a sound undamaged condition. 1.6 JOB CONDITIONS Do not lay pipe when trenches or weather conditions are not suitable for such work. PART 2 - MATERIALS 2.1 GENERAL A. Qualifications of Pipe Manufacturers. The HDPE pipe shall be manufactured in ' a plant capable of providing continuous quality control through inspection. The facility shall have the necessary testing equipment to verify that the pipe meets the requirements of AWWA C901 or C906, NSF Standard #61 and ASTM ' standards. B. Qualifications of the Fittings Manufacturer. The facility shall have the necessary testing equipment to verify that the fittings meet the requirements of AWWA ' C901 for sizes %2'to 2" and AWWA C906 for pipe being supplied for the job. City of San Juan Capistrano HPDE POTABLE WATER PIPE 14'Waterline Creek Crossing at Via Estenaga 15065-1 H:\pdata\10104453\Hdmin\spec\15065-hdpe potable water pipe.doc C. Materials. Polyethylene pipe and fittings shall be made from resin meeting the requirements of the Plastic Pipe Institute as PE 3408. The resin shall meet the requirements of ASTM D3350-02 with a cell classification of 345464C. The requirements of this cell classification are: HDPE Resin Specifications Property S ecificatlon Unit Typical Value Material Designation PPI/ASTM PE3408 Material Approval NSF#14 Material Classification ASTM D 1248 III C 5 P34 Cell Classification ASTM D 3350-02 3454640 Density 3 ASTM D 1505 /cm3 0.955 Melt Index 4 ASTM D 1238 m/ 10 min 0.11 Flexural Modulus 5 ASTM D 790 psi 135,000 Tensile Strength 4 ASTM D 638 psi 3,200 Slow Crack Growth ESCR ASTM D 1693 hours in 100% i e al >5,000 PENT 6 ASTM F 1473 hours >100 HDB e 73 deg F 4 ASTM D 1693 psi 1,600 UV Stablizer C ASTM D 1603%C 2.5% D. Interchangeability of Pipe and Fittings. High-density polyethylene pipe and fittings can be supplied by different manufacturers as long as they meet the above ASTM D3350-02 cell classification. 2.2 PIPE A. 2 Inches and Smaller—Pipe shall be manufactured from a PE 3408 resin listed with the Plastic Pipe Institute (PPI)as TR-4. The resin material will meet the specifications of ASTM D3350-02 with a cell classification of PE:345464C. Pipe shall have a manufacturing standard of ASTM D2737 (CTS). Pipe shall be DR 9 (200psi WPR) unless otherwise specified on the plans. The pipe shall contain no recycled compounds except that generated in the manufacturer's own plant from resin of the same specification from the same raw material. All pipes shall be _ suitable for use as pressure conduits, and per AWWA C901, have nominal burst values of three times the Working Pressure Rating (WPR) of the pipe. Pipe shall also have the following agency listing of NSF 61. B. 3 Inches and Larger- Pipe shall be manufactured from a PE 3408 resin listed with the Plastic Pipe Institute (PPI) as TR-4. The resin material will meet the _ specifications of ASTM D3350 with a cell classification of PE:345464C. Pipe shall have a manufacturing standard of ASTM F714. Pipe O.D. sizes 4" to 24"shall be available in both steel pipe sizes (IPS) and ductile iron pipe sizes (DIPS). Pipe O.D. sizes 26" to 54" shall be available in steel pipe sizes (IPS). Pipe shall be DR 11 060psi WPR) for pipe sizes up to 36" unless otherwise specified on the plans. The pipe shall contain no recycled compounds except that generated in the manufacturer's own plant from resin of the same specification from the same raw material. All pipes shall be suitable for use as pressure conduits, listed as NSF 61, and per AWWA C906 Pressure Class (PC) 100 have a nominal burst value of three and one-half times the Working Pressure Rating (WPR) of the City of San Juan Capistrano HPDE POTABLE WATER PIPE 14'Waterline Creek Crossing at Via Estenaga 150652 H:\pdata\10104453\Admin\spec\15065-hdpe potable water pipe.doc 1 ' pipe. Peak flow water velocity of 5 ft/sec shall be used in the hydraulics engineering design. 2.3 FITTINGS A. Butt Fusion Fittings - Fittings shall be PE3408 HDPE, Cell Classification of 345464C as determined by ASTM D3350-02, and approved for AWWA use. Butt N Fusion Fittings shall have a manufacturing standard of ASTM D3261. Molded & fabricated fittings shall have a pressure rating equal to the pipe unless otherwise specified in the plans. Fabricated fittings are to be manufactured using Data Loggers. Temperature, fusion pressure and a graphic representation of the fusion cycle shall be part of the quality control records. All fittings shall be suitable for use as pressure conduits, and per AWWA C906, have nominal burst values of three and one-half times the Working Pressure Rating (WPR) of the fitting. B. Electrofusion Fittings - Fittings shall be PE3408 HDPE, Cell Classification of 345464C as determined by ASTM D3350-02. Electrofusion Fittings shall have a manufacturing standard of ASTM F1055. Fittings shall have a pressure rating equal to the pipe unless otherwise specified on the plans. All electrofusion fittings shall be suitable for use as pressure conduits, and per AWWA C906, have nominal burst values of three and one-half times the Working Pressure Rating (WPR) of the fitting. ' C. Flanged and Mechanical Joint Adapters - Flanged and Mechanical Joint Adapters shall be PE 3408 HDPE, Cell Classification of 345464C as determined I by ASTM D3350-02. Flanged and Mechanical Joint Adapters shall have a manufacturing standard of ASTM D3261. Fittings shall have a pressure rating equal to the pipe unless otherwise specified on the plans. 1 PART 3 - EXECUTION 3.1 GENERAL A. Pipe and Fittings: Size as indicated on the plans. Install as shown in accordance with manufacturer's recommendations. 3.2 HAULING, UNLOADING AND DISTRIBUTING PIPE During loading, transporation and unloading, every precaution shall be taken to prevent ' injury to the pipe. No pipe shall be dropped from cars or trucks, or allowed to roll down slides without proper retaining ropes. During transportation each pipe shall rest on suitable pads, strips, skids or blocks securely wedged or tied in place. Any pipe damaged shall be replaced. 3.3 EXCAVATION AND TRENCHING Section 02220 3.4 FUSION A. Sections of polyethylene pipe should be joined into continuous lengths on the jobsite above ground. The joining method shall be the butt fusion method and ' City of San Juan Capistrano HPDE POTABLE WATER PIPE 14'Waterline Creek Crossing at Via Estenaga 15065-3 H:\pdata\10104453\Admin\spec\15065-hdpe potable water pipe.doc r shall be performed in strict accordance with the pipe manufacturer's recommendations. The butt fusion equipment used in the joining procedures should be capable of meeting all conditions recommended by the pipe manufacturer, including, but not limited to, temperature requirements of 400 degrees Fahrenheit, alignment, and an interfacial fusion pressure of 75 PSI. The butt fusion joining will produce a joint weld strength equal to or greater than the tensile strength of the pipe itself. All welds will be made using a Data Logger to record temperature, fusion pressure, with a graphic representation of the fusion cycle shall be part of the Quality Control records. B. Sidewall fusions for connections to outlet piping shall be performed in accordance with HDPE pipe and fitting manufacturer's specifications. The heating irons used for sidewall fusion shall have an inside diameter equal to the outside diameter of the HDPE pipe being fused. The size of the heating iron shall be '/4 inch larger than the size of the outlet branch being fused. C. Mechanical joining will be used where the butt fusion method can not be used. Mechanical joining will be accomplished by either using a HDPE flange adapter with a ductile iron back-up ring or HDPE Mechanical Joint adapter with a Ductile Iron back-up ring. D. Socket fusion, hot gas fusion, threading, solvents, and epoxies will not be used to join HDPE pipe. 3.5 INSPECTION Inspect the pipe for defects before installation and fusion. Defective, damaged or _ unsound pipe will be rejected. The cost of all pipe required for completion of the job shall be the responsibility of the contractor. 3.6 TESTING - Pressure testing shall be conducted in accordance with ASTM F2164, Field Leak Testing of Polyethylene Pressure Piping Systems Using Hydrostatic Pressure. The _ HDPE pipe shall be filled with water, raised to test pressure and allowed to stabilize. The test pressure shall be 1.5 times the operating pressure at the lowest point in the system. In accordance with section 9.8, the pipe shall pass if the final pressure is with 5% of the test pressure for 1 hour. For safety reasons, hydrostatic testing only will be used. 3.7 DISINFECTION: In accordance with Section 15041 3.8 MEASUREMENT AND PAYMENT HDPE Pipe, Fittings and Accessories: Payment will be included under the bid item to which the work relates. END SECTION City of San Juan Capistrano HPDE POTABLE WATER PIPE 14'Waterline Creek Crossing at Via Estenaga 15065-4 H:\pdata\10104453\Admin\spec\15065-hdpe potable water pipe.doc SECTION 15089 COMBINATION AIR-RELEASE AND VACUUM RELIEF VALVE ASSEMBLY This project shall conform to the Capistrano Valley Water District's Standard Specifications Section 15089 Combination Air-Release And Vacuum Relief Valve Assembly, with the following modifications: No changes shall be made to this section. r END OF SECTION ' City of San Juan Capistrano COMBINATION AIR-RELEASE 14'Waterline Creek Crossing at Via Estenaga AND VACUUM RELIEF VALVE ASSEMBLY H:\pdata\10104453\AdmiMspec\15089-comboairvalves.doc 15089-1 THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano COMBINATION AIR-RELEASE 14'Waterline Creek Crossing at Via Estenaga AND VACUUM RELIEF VALVE ASSEMBLY H:\pdata1101044531Admin\spec\15069-comboairvalves.doc 15089-2 1 SECTION 15151 DOMESTIC AND NON-DOMESTIC WATER FACILITIES IDENTIFICATION 1 This project shall conform to the Capistrano Valley Water District's Standard Specifications Section 15151 Domestic and Non-domestic Water Facilities Identification,with the following modifications: rNo changes shall be made to this section. r END OF SECTION r City of San Juan Capistrano DOMESTIC AND NON-DOMESTIC 14'Waterline Creek Crossing at Via Estenaga WATER FACILITIES IDENTIFICATION H:\pdata\10104453\Admin\spec\15151-Water Facilities ID.doc 15151-1 THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano DOMESTIC AND NON-DOMESTIC 14'Waterline Creek Crossing at Via Estenaga WATER FACILITIES IDENTIFICATION WIpdata\10104453\Admin\spec\15151-Water Facilities ID.doc 15151-2 SECTION 15304 INSTALLATION OF PRESSURE PIPELINES 1 PART1 - GENERAL 1.1 DESCRIPTION ' This Section describes the installation of pressure pipelines fabricated of welded steel, pipeline closures and connections and pipeline encasement. ' 1.2 RELATED WORK DESCRIBED ELSEWHERE A. Section 02223-Trenching, Backfilling, and Compacting B. Section 09900- Painting and Coating C. Section 15041 - Chlorination of Water Mains for Disinfection rD. Section 15042- Hydrostatic Testing of Pressure Pipelines ' E. Section 15078- Piping, Fittings and Appurtenances 1.3 SUBMITTALS A. Submit shop drawings in accordance with Section 01000 and the following: B. Submit an installation schedule (tabulated layout)which includes: 1. Order of installation and closures. 2. The location, length, size, design designation, and number designation of each pipe section and pipe special. PART 2 - MATERIALS 2.1 INSTALLATION MATERIAL Refer to appropriate Sections. ` PART 3 - EXECUTION ' 3.1 DELIVERY AND TEMPORARY STORAGE OF PIPE AT SITE A. Onsite Storage Limitation: On-site pipe storage shall be limited to a maximum of one week, unless an exception is approved by the District in writing. B. Care of Pipe: Care shall be taken to avoid cracking of the cement mortar coating and/or lining on steel pipe. If necessary, use plastic sheet caps to close pipe ' ends and keep coatings and linings moist. 3.2 HANDLING OF PIPE A. Moving Pipe: Lift pipes with handling beams and wide belt slings as recommended by the pipe manufacturer. Cable slings are not allowed. Handle City of San Juan Capistrano INSTALLATION OF PRESSURE PIPELINES 14'Waterline Creek Crossing at Via Estenaga 15304-1 H:\pdata\10104453W dmin\spec\15304-I nstallPressPipe.doc pipe in a manner to avoid damage to the pipe. Pipe shall not be dumped from trucks or dropped into place under any circumstances. B. Internal Pipe Braces: Maintain internal braces placed in steel pipes until backfilling is completed. C. Pipe Caps: Do not remove plastic caps placed over the ends of steel pipe until the pipe is ready to be placed in the trench. Plastic caps may be opened temporarily to spray water inside the pipe for moisture control. D. Inspection of Pipe: Inspect the pipe and accessories for defects prior to lowering into the trench. Repair or replace any defective, damaged or unsound pipe. Remove all foreign matter or dirt from the interior of the pipe before lowering into position in the trench. 3.3 PLACEMENT OF PIPE IN TRENCH A. General: Dewatering, excavation, shoring, sheeting, bracing, backfilling, material placement, material compaction, compaction testing, and pipe laying requirements and limitations shall be in accordance with Section 02223: Trenching, Backfilling and Compacting. - B. Sanitation of Pipe Interior: During laying operations, do not place tools, clothing, or other materials in the pipe. C. Prevention of Entry into Pipe: When pipe laying is not in progress, including lunch-hour, close the ends of the pipe using vermin-proof plugs constructed in a manner to also prevent entry by children. D. Pipe Installation: Install pipe without springing, forcing, or stressing the pipe or any adjacent connecting valves or equipment. Take precautions to prevent pipe — from being displaced by water entering trench. Replace damaged or displaced pipe or return it to specified condition and grade. E. Cutting and Machining Pipe: Field cutting of ductile iron shall not take place without District written approval. All field cutting shall be done in accordance with the Ductile Iron Pipe Research Institute recommendations and the Pipe _ manufacturer. 3.4 FLANGED CONNECTIONS A. Bolthole Alignment: Set pipe with flange boltholes straddling the pipe's horizontal and vertical centerlines. B. Nuts and Bolts: Lubricate nuts and bolts with oil or graphite prior to installation. City of San Juan Capistrano INSTALLATION OF PRESSURE PIPELINES 14'Waterline Creek Crossing at Via Estenaga 15304-2 H:lpdata110104453 W dminlspec115304-InstallPressPipe.doc C. Flange Wrapping: Wrap flanges that will connect with buried valves or other equipment with sheet polyethylene film as specified for the valves and equipment. 1 The wrap shall extend over the flanges and bolts and be secured around the adjacent pipe circumference with tape. D. Coating: Coat flanges and non-stainless steel bolts as specified in Section ' 09900, Painting and Coating. 3.5 INSTALLATION OF BENDS, TEES, AND REDUCERS Install fittings utilizing standard installation procedures. Lower fittings into trench by means of rope, cable, chain, or other acceptable means without damage to the fittings. Attach cable, rope, or other devices used for lowering fitting into trench around exterior of I fitting for handling. Do not attach the cable, rope or other device through the fittings interior for handling. Connect fittings to pipe or other facility, and check joint to insure a sound and properjoint. 3.6 INSTALLING THREADED PIPING Ream, deburr, and clean threaded pipe before making up joints. Apply thread lubricant ' to threaded pipe ends before installing fittings, couplings, unions, or joints. 3.7 COMPLETION OF INTERIOR JOINTS FOR MORTAR-LINED PIPES 24-INCHES IN ' DIAMETER AND SMALLER A. Preparation: Insert a tight-fitting swab or squeegee in the joint end of the pipe to be joined. B. Application of Cement Mortar: When ready to insert the spigot, coat the face of the cement mortar lining at the bell with a sufficient amount of stiff cement mortar to fill the space between adjacent mortar linings of the two pipes to be joined. C. Removal of Excess Mortar: Immediately after joining the pipes, draw the swab or ' squeegee through the pipe to remove all excess mortar and expel it from the open pipe end. 3.8 PIPELINE CLOSURE ASSEMBLIES A. General: Use pipeline closure assemblies to unite sections of pipeline laid from opposite directions, to adjust the field length of the pipeline to meet structures, other pipelines, and points established by design stations, and to close areas left open to accommodate temporary test bulkheads for hydrostatic testing. Use couplings. B. General Requirements for Cement Mortar Lining for Closure Assemblies: Line closure assemblies with cement-mortar to a mortar thickness at least equal to the adjoining standard pipe sections. Clean the steel with wire brushes and a cement and water wash coat applied prior to applying the cement mortar. Where more than a 4-inch joint strip of mortar is required, place welded wire mesh reinforcement having a 2-inch by 4-inch pattern of No. 13 gage over the exposed steel. Install the mesh so that the wires on the 2-inch spacing run around the pipe's circumference. Crimp the wires on the 4-inch spacing to support the mesh City of San Juan Capistrano INSTALLATION OF PRESSURE PIPELINES 14'Waterline Creek Crossing at Via Estenaga 15304-3 H:\pdata\10104453\Admin\spec\15304-InstallPressPipe.doc 318 inch from the metal surface. The interior mortar shall have a steel-troweled finish to match adjoining mortar lined pipe sections. C. Lining Closure Assemblies for Pipes 24-Inches in Diameter and Smaller: For lining of closure assemblies on pipelines 24-inches in diameter and smaller, provide threaded 4-inch nipples with bronze plugs around the perimeter of the closure at third-point intervals to facilitate mortar lining of the interior surface. 3.9 OPERATIONS INCIDENTAL TO JOINT COMPLETION Hydrostatic Testing: Plan joint completion to accommodate temporary test bulkheads for hydrostatic testing. 3.10 THRUST BLOCKS A. Location: Provide thrust blocks as shown on the plans. B. General Requirements: Thrust restraint and anchor blocks shall be of not less than 2,000 psi concrete (Class C) and shall provide a thrust bearing area to resist horizontal or downward thrust and shall be of sufficient gross weight and area to give bearing against undisturbed vertical earth banks sufficient to absorb the thrust. C. Concrete Placement: Place concrete against wetted and undisturbed soil, and clean and wet the exterior of the fitting to provide a good bond with the concrete. The concrete interface with the fitting shall be an area of not less than the projected area of the fitting normal to the thrust resultant and centered on the resultant. — D. Accessibility to Joints and Fittings: Unless otherwise directed by the District, place thrust restraint and anchor blocks so that the pipe and fitting joints are accessible for repair. Placement shall include isolation of adjacent utilities and shall ensure that bearing is against undisturbed soil and not against an adjacent utility. _ 3.11 COMBINATION AIR AND VACUUM RELEASE VALVES A. General: Install air release valve assemblies and combination air and vacuum valves at each point in the pipeline as shown on the drawings in accordance with Section 15331. B. Location: The tap for the air valves shall be made in a level section of pipe no closer than 18 inches to a bell, coupling,joint, or fitting for buried pipe and 6 inches for unburied pipe. City of San Juan Capistrano INSTALLATION OF PRESSURE PIPELINES 14'Waterline Creek Crossing at Via Estenaga 15304-4 H:\pdata\10104453\Admin\spec\15304-I nstallPressPipe.doc t3.12 ABOVEGROUND PIPING INSTALLATION/SUPPORT A. General: Installation of pipeline materials and appurtenances above ground or within vaults and structures include requirements for buried pipeline materials and appurtenances as applicable. B. Supports: Adequately support all exposed pipe with devices of appropriate design. Where details are shown, the supports shall conform thereto and shall be placed as indicated, provided that the support for all piping shall be complete I and adequate as herein specified, whether or not supporting devices are specifically called for. Pipe hangers and supports shall conform to the requirements of the latest editions of the MSS-SP58 and SP69 and ANSI/ASME B31.1. 3.13 DISINFECTION ' Disinfect all potable water pipelines in accordance with Section 15041, Chlorination of Water Mains for Disinfection. ' 3.14 TESTING All piping shall be hydrostatically pressure tested in accordance with Section 15042, Hydrostatic Testing of Pressure Pipelines. 3.15 PIPELINE ABANDONMENT All pipelines abandoned in the ground shall be filled entirely with 1-sack cement slurry. END OF SECTION City of San Juan Capistrano INSTALLATION OF PRESSURE PIPELINES 14'Waterline Creek Crossing at Via Estenaga 15304.5 H:\pdata\10104453\Admin\speckl5304-InstallPressPipe.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano INSTALLATION OF PRESSURE PIPELINES 14'Waterline Creek Crossing at Via Estenaga 15304-6 H:\pdata\10104453\Admin\spec\15304-instailPressPipe.doc Q X Z a a ADDENDUM NO. 1 TO THE SPECIFICATIONS AND BID FORMS FOR THE CONSTRUCTION OF THE WATERLINE CREEK CROSSING AT VIA ESTENAGA May]1, 2006 To: All Plan Holders From: The City of San Juan Capistrano and RBF Consulting Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the Waterline Creek Crossing at Via Estenag_a as fully and completely as if the same were fully set forth therein. This Addendum No. 1 shall form a part of the Contract Documents and take precedence of the original Contract Documents. Bidders shall acknowledge receipt of this Addendum No. 1 by signing page A2-2 and faxing a copy of page A2-2 to the City of San Juan Capistrano at (949) 493-3955 by Monday, May 15, 2006. Page A2-2 shall also be included in the Contractor's bidding document package. DATED: May 11, 2006 e ankawich City of SIC Project Manager City of San Juan Capistrano Addendum No. 2 (April 28, 2006) City of San Juan Capistrano Cook's Reservoir Replacement Project THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A2-1, 2, 3, and 4. Date Received by Bidder: By: Bidder's Company Name Bidder's Signature Typed or Printed Name Prepared by: RBF Consulting 14725 Alton Parkway Irvine, CA 92619-7057 (949) 472-3505 'Addendum No. 2 (April 28, 2006) City of San Juan Capistrano Cook's Reservoir Replacement Project The following changes, additions, deletions, or modifications shall be made to the Contract Documents and shall take precedence over the original Contract Documents; all other provisions in the Contract Documents remain the same. 1. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY, OR DURING PRE-BID MEETING • Question: What is the point of access on the north side of the project for getting construction equipment and materials on site? Answer: Access to the site shall be via the dirt stable entrance road located off of Calle Arroyo, approximately V4 mile east of Via Estenaga. This entrance road leads to the horse trail,which can be used for ingress/egress only. Access through the park is prohibited. Staging of equipment or materials in the horse trail is prohibited. 2. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY OR DURING PRE-BID MEETING Question: It looks like a lot of wildflowers and other native ground cover will be stripped during construction. Does this need to be re-planted after construction? Answer: All wildflowers and other naturally occurring plants outside of the environmentally sensitive area that are removed during construction do not need to be replaced. However, any surface improvements, such as grass, ornamental palm trees or other non-native plants, and hard-scape, such as the concrete v-ditch (which must be protected in place during construction) located outside of the environmentally sensitive area that are removed or damaged during construction must be replaced in kind. 3. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY OR DURING PRE-BID MEETING Question: Can the pedestrian trail along the north side of San Juan Creek road be closed during construction? Answer: Staging of equipment or materials in the pedestrian trail is prohibited. The pedestrian trial can only be closed during pull back of the HDPE pipe, and must remain open at all other times during construction. The pipe and other equipment can be staged in the dirt area between the road and pedestrian trail, and must be secured by fencing with lockable gate during non- working hours. Contractor shall inform the City 72 hours in advance of the pull, so signs can be posted alerting the public. Addendum No. 2 (April 28, 2006) City of San Juan Capistrano Cook's Reservoir Replacement Project 4. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY OR DURING PRE-BID MEETING Question: Can the contractor work overtime on the weekends? Answer: Overtime work is permitted on Saturday. The contractor will be required to pay the on-site inspector at the hourly overtime rate. Notify the City a minimum of 48 hours in advance when Saturday work is necessary. ADDENDUM NO. 2 TO THE SPECIFICATIONS AND BID FORMS FOR THE CONSTRUCTION OF THE WATERLINE CREEK CROSSING AT VIA ESTENAGA May 11, 2006 To: All Plan Holders From: The City of San Juan Capistrano and RBF Consulting Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the Waterline Creek Crossing at Via Estenaga as fully and completely as if the same were fully set forth therein. This Addendum No. 2 shall form a part of the Contract Documents and take precedence of the original Contract Documents. Bidders shall acknowledge receipt of this Addendum No. I by signing page A2-2 and faxing a copy of page A2-2 to the City of San Juan Capistrano at (949) 493-3955 by Monday, May 15, 2006. Page A2-2 shall also be included in the Contractor's bidding document package. /e DATED: May 8, 2006 y: Mankawich City of SJC Project Manager City of San Juan Capistrano Addendum No. 2 (May 11, 2006) City of San Juan Capistrano Waterline Creek Crossing at Via Estenaga THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A2-1, 2, 3, 4, 5, 6, 7, and 8. Date Received by Bidder: By: Bidder's Company Name Bidder's Signature Typed or Printed Name Prepared by: RBF Consulting 14725 Alton Parkway Irvine, CA 92619-7057 (949) 472-3505 Addendum No. 2 (May 11, 2006) City of San Juan Capistrano Waterline Creek Crossing at Via Estenaga The following changes, additions, deletions, or modifications shall be made to the Contract Documents and shall take precedence over the original Contract Documents; all other provisions in the Contract Documents remain the same. 1. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY, OR DURING PRE-BID MEETING Question: The header at the upper left hand corner of addendum 1 references the Cook's reservoir replacement project. Answer: Reference to the Cook's reservoir project in the header of addendum 1 is not correct. The header should read "Waterline Creek Crossing at Via Estenaga". 2. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY OR DURING PRE-BID MEETING Question: Specification section 15304, Installation of pressure pipelines, references specification section 15078, piping fittings and appurtenances, which is not apart of the project specifications. Answer: Reference to specification section 15078 should be removed, since it is not needed. Connection to existing piping shall be per the details on sheet D-1 of the drawings. Approved couplings are per section 15162 of the City standard specifications, with the following additions: Powerseal, Ford-Fast, and UEM-421. All couplings shall be long barrel type and come furnished with stainless steel trim. 3. CLARIFICATION QUESTION ASKED THROUGH CORRESPONDENCE TO CITY OR DURING PRE-BID MEETING Question: Is there any soils information available for the project? Answer: Yes. A soil bore was performed by LGC. The soil boring log, soil bore location map, and project memorandum are included as pages A24 thru A2-8 of this addendum. Lawson&Associates Geotechnical Consulting,Inc. PROJECT MEMORANDUM To: City of San Juan Capistrano Date:July 17,2005 34200 Paseo Adelanto Project No.: 051093-01 San Juan Capistrano, CA 92675 Attention: Mr.Joe Mankawich From: Katie Maes 1 'm Subject: Summary of Geotechnical Boring to Evaluate Conditions for Estenaga Undercrossing, San Juan Capistrano, California Per your request, this memo has been provided to summarize our observations during the geotechnical boring to evaluate conditions for the proposed Estenaga Undercrossing project, San Juan Capistrano, California. We preformed the drilling on July 7,2005 to evaluate geotechnical conditions at depth,for a proposed directional drilling operation to be performed in order to replace a water line that was exposed during the February 2005 intense rainfall event(See attached Boring Location Map). Materials found during our investigation were predominately sands and clayey sands and gravels, with lesser amounts of cobbles. Drilling effort was low until approximately 74 feet of depth, where a cobble layer was encountered. Groundwater was pervasive below 20 feet of depth, with flow rates into the boring estimated to be upwards of 60 gallons per minute. i Stability of the borehole was low and was prone to collapse/caving, estimated to be due to the combination of sand and groundwater.Casing was used to full depth during drilling and when extracted, the borehole collapsed/caved. This possibility should be taken into consideration by the directional drilling contractor prior to waterline installation. Enclosures: Boring Location Map Boring Log LGC-1 1319 Calle Avanzado•San Clemente• CA 92673-6351 •(949)369-6141 • Fax(949)369.6142 A2-4 Geotechnical Boring Log B-1 Date:July 7,2005 Page: 3 of 3 Project Name: Estena a Undercrossing Project Number: 051063-01 Drilling Company: Test America Type of Rig: Air Rotary Drive Wei ht: NA Drop: NA Hole Dia: 6" Elevation of ToP of Hole: Aporoximatei 120 ft Hole Location: South Bank San Juan Creek m DESCRIPTION a a S i, y� o v a U m 0 o E o z o 0 Logged 8 : DAK w o cD CA m o Sampled B : DAK 60 60 0 61'Coarse Sand and Clay:gray;slight odor 55 65 ® 65' Siltstone clasts:dark gray;vary small chips,abundant water 00 0,9 @ 68'Gravel:rounded o'o 50 70 > ® 70'Sand and Gravel s• ® 73'Gravel: rounded Oee ° ® 74'Cobble 45 75 @ 75' Sand:blue gray 40 80 Total Depth=80' Groundwater® 20' Backfilled with native and 20'of Concrete/Bentonite July 7,2005 35 85 30 90 LAWSON &ASSOCIATES GEOTECHNICAL CONSULTING INC. A2-6 A f 1.. 1 WI�iWiWYYYii � Exploratory Project City of San Juan Capistrano,Callibmia BoringLGC Geotechnical Boring Log B-1 Date:July 7,2005 Page: 2 of 3 Project Name: Estena a Undercrossing Pro ect Number: 051083-01 Drilling Company: Test America Type of Rig: Air Rotary Drive Weight: NA Drop: NA Hole Dia: 6" Elevation of ToP of Hole: Aporoximatel 120 ft Hole Location: South Bank San Juan Creek m DESCRIPTION rn E if a O U Z O C (n ~ L r E I p rq o > n E v Lo ged B : DAK m d w O Z o C0 >, Lu o 0 m m o M M Sampled B : DAK ~ 90 30 31'Clayey Sand:wet 85 35 0 37'Coarse Sand: gray to blue gray 80 40 0 42'Coarse Sand:gray to blue gray 75 45 70 50 r � 0 51'Siltstone chips:dark gray • 6 o,? @ 54'Gravel: rounded to angular 65 55 r O r O . r.a —r o 0 57'Clayey Gravel a-- n 60 60 LAWSON & ASSOCIATES GEOTECHNICAL CONSULTING INC. A2-7 Geotechnical Boring Log B-1 j Date:July 7 2005 Page: 1 of 3 Project Name: Estena a Undercrossing Project Number: 051083-01 Drilling Company: Test America Type of Rig: Air Rotary Drive Weight: NA Drop: NA Hole Dia: 6" Elevation of oo of Hole: Am roximate 120 ft Hole Location: South Bank San Juan Creek QDESCRIPTION E a 'aR 0 co 0 Logged By: DAK a T i w o c7 cn M o M Sampled B : DAK i 120 0 % : @ 1'Sand and Gravel:dry I 0 2'Possible small Cobble F i i 115 5 i i u � I ® 8'Sand and Gravel:moist _ I 110 10 a 10'Clayey Sand:very damp 105 15 @ 14'Sand i 0 17'Silty Clay:gray,very damp i 100 20 @ 20'Sand:wet f i 22'Clayey Sand:wet I I 95 25 i _ i 28'Clayey Sand:wet i 90 30 LAWSON & ASSOCIATES GEOTECHNICAL CONSULTING INC.am j A2-8 Lawson &Associates Geotechnical Consulting, Inc. PROJECT MEMORANDUM To: City of San Juan Capistrano Date: July 17, 2005 34200 Paseo Adelanto San Juan Capistrano, California 92675 Project No.:051083-01 Attention: Mr. Eric Bauman From: Katie Maes Subject: Summary of Geotechnical Boring to Evaluate Conditions for Estenaga Undercrossing, San Juan Capistrano, California Per your request, this memo is provided to su niarize our observations during the geotechnical boring to evaluate conditions for the proposed Estenaga Undercrossing project, San Juan Capistrano, California. We preformed the drilling on July 7, 2005 to evaluate geotechnical conditions at depth, for a proposed directional drilling operation to be performed in order to replace a water line that was exposed during the February 2005 intense rainfall event. Materials found during our investigation were predominately sands and clayey sands and gravels, with lesser amounts of cobbles. Drilling effort was low until approximately 74 feet of depth, where a cobble layer was encountered. Groundwater was pervasive below 20 feet of depth, with flow rates into the boring estimated to be upwards of 60 gallons per minute. Stability of the borehole was low and was prone to collapse / caving, estimated to be due to the combination of sand and groundwater. Casing was used to full depth during drilling and when extracted, the borehole collapsed/caved. This possibility should be taken into consideration by the directional drilling contractor prior to waterline installation. 1319 Calle Avanzado • San Clemente . CA 92673-6351 • (949) 369-6141 • Fax (949) 369-6142 Geotechnical Boring Log B-1 Date: July 7, 2005 Page: 3 of 3 Project Name: Estena a Undercrossing Project Number: 051083-01 Drilling Company: Test America Type of Rig: Air Rotary Drive Weight: NA Drop: NA Hole Dia: 6" Elevation of Top of Hole: Approximately 120 It Hole Location: South Bank San Juan Creek v DESCRIPTION a o o .a o c = E d O O -TN O C m U) ~ U N 7 O F6 Z E o o Logged By : DAK Q w o co U) m o = Sampled By: DAK 60 60 @ 61' Coarse Sand and Clay: gray; slight odor 55 65 • @ 65' Siltstone clasts: dark gray; very small chips, abundant water vo 0 0 , @ 68' Gravel: rounded �•V 50 70 ® 70' Sand and Gravel a • o e ° @ 73' Gravel: rounded @ 74' Cobble CD 45 75 • @ 75' Sand: blue gray 40 80 Total Depth o 80' Groundwater @ 20' Backfilled with native and 20' of Concrete/Bentonite July 7, 2005 35 85 30 90 LAWSON & ASSOCIATES GEOTECHNICAL CONSULTING INC. Geotechnical Boring Log B-1 Date: July 7, 2005 Page: 2 of 3 Project Name: Estena a Undercrossing Project Number: 051083-01 Drilling Company: Test America Type of Rig: Air Rotary Drive Weight NA Drop: NA Hole Dia: 6" Elevation of Top of Hole: Approximately 120 ft Hole Location: South Bank San Juan Creek a DESCRIPTION J o E O U d O C O U) ~ CL W c o o � Logged By: DAK a w o (D C/) m o Sampled By: DAK ~ 90 30 @ 31' Clayey Sand: wet 85 35 @ 37' Coarse Sand: gray to blue gray 80 40 @ 42' Coarse Sand: gray to blue gray 75 45 70 50 @ 51' Siltstone chips: dark gray o• @ 54' Gravel: rounded to angular 65 55 a . o oo . . s.a a @ 57' Clayey Gravel n o - 60 1 60 1.— LAWSON & ASSOCIATES GEOTECHNICAL CONSULTING INC. f Geotechnical Boring Log B-1 Date: July 7, 2005 Page: 1 of 3 Project Name: Estena a Undercrossing Project Number: 051083-01 Drilling Company: Test America Type of Rig: Air Rotary Drive Weight: NA Drop: NA Hole Dia: 6" Elevation of Top of Hole: Approximatel 120 ft Hole Location: South Bank San Juan Creek v DESCRIPTION a o o .n o v e O U Z O C N U) ~ t Q U o co ca o o Logged By: DAK LU o co c/) ca o Sampled By: DAK 120 0 @ 1' Sand and Gravel: dry @ 2' Possible small Cobble s • 115 5 a -•, @ 8' Sand and Gravel: moist 110 10 @ 10' Clayey Sand:very damp 14' Sand 105 15 @ 17' Silty Clay: gray, very damp 100 20 @ 20' Sand: wet @ 22' Clayey Sand: wet 95 25 @ 28' Clayey Sand: wet 90 1 30 -- LAWSON & ASSOCIATES GEOTECHNICAL CONSULTING INC.