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09-1006_KEC ENGINEERING_Contract
CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY"and KEC ENGINEERING hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders,the Proposal, the Bid Bond,the Non-Collusion Affidavit, the Designation of Sub-Contractors,the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds,Resolutions adopted by the CITY pertaining to the work,insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools,labor,material,equipment, transportation,and supplies necessary to perform and complete in good and workmanlike manner the construction of Hydraulic Capacity Project#2 Sewer Project and Drainage Rehabilitation in strict conformity with the Plans,Specifications and all other contract documents,which documents are on i file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities,at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages,and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred(500)Dollars per calendar day for each day delayed;provided that extensions of time with waiver of liquidated damages,may be granted as provided in the Specifications. i C-1 FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract,as required by the laws of the State of California,on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%)of the amount of this contract and shall be conditioned on full and complete performance of the contract,guaranteeing the work against faulty workmanship and materials for a period ofone(1) i year after completion and acceptance. The Labor and Material Bond shall be for an amount of one I hundred percent(100%)of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required i Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the prevailing rate of diem wages,as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him,shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of jthe contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named i insured,which such policies shall be of an amount not less than Two Million Dollars($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one(1)year. I I I C-2 I j CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned,hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; i $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached riderproviding that in the event of expiration of proposed cancellation of such policies for any reason whatsoever,the CITY shall be notified by registered mail,return receipt requested,giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty(3 0)days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and i employees from and against any and all claims,demands,loss or liabilityof any kind or nature which CONTRACTOR,its officers,agents and employees may sustain or incur or which maybe imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include,but are not limited to,the stipulation that eight (8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit Twenty-five Dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8)hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. 1 i C-3 If CONTRACTOR is not already enrolled in the U.S.Department of Homeland Security's E-Verify program, CONTRACTOR shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. CONTRACTOR shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E- Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/employerr4stration. CONTRACTOR shall certify its registration with E- Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, I pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. I I City of San Juan Capistrano I / Dated: !v D BY: MARK NIE SEN,MAYOR BY: CONT OR,LICENSE NO. AND CLASSIFICATION KEC ENGINEERING f LICENSE # 701834 / CLASS A W/HAZARD - C27 - C34 I ATTEST- I i Margar R an, City erk j j PROVED AS TO FORM: Omar Sandov 1, City Attorney C-4 EXECUTED IN DUPLICATE • BOND NO: 6641051 PREMIUM: $7 ,522.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That KEC ENGINEERING as Principal, hereinafter called CONTRACTOR, and SAFE00 INSURANCE COMPANY OF AMERICA as Surety, hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter called CITY, in the amount of ((SEVEN SHUNDRED TWENTY ONE THOUSAND FOUR HUNDRED FIFTY THREE AND N0/100 DOLLARS Dollar�4Yoc'p yment whereof Contractor and Surety bond themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated ON OR ABOUT OCTOBER 6, 2009 entered into a(describe agreement): CITY SEWER HYDRAULIC CAPACITY PROJECT NO. 2 (CIP 719) which contract is by reference made a part hereof; NOW THEREFORE,the condition of this obligation is such that,if Principal shall promptly and faithfully perform said agreement,then this obligation shall be null and void;otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. PB-1 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond,and it does hereby waive notice of any such change,extension of time,alterations,or modifications of the contract documents or of work to be performed thereunder. Executed this 9TH day of OCTOBER 2009, at 12 TRUMAN, IRVINE California. PRINCIPAL KEC ENGINEERING J PRESICi APPROVED AS TO FORM (NOT ON AND SEAL) OMAR SANDOVAL, CITY ATTORNEY SURETY SAFEC�OIN�SSURpANCE COMPANY OF AMERICA JUDITH K. CUNNINGHAM, ATTORNEY-0—FACT (NOTARIZATION AND SEAL) PB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE On OCT. 13, 2009 before me, DEBRA ANN SMITH / NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JAMES P. ELFRING Name( of Signer who proved to me on the basis of satisfactory evidence to be the personl whose nam is/are-subscribed to the within instrument and acknowledged to me that he/61;oAOAP�executed the same in his/baAheilrauthorized capacity(ies), and that by his,WeNkkeir signaturl on the instrument the person(), or the entity upon behalf of which the persono acted, executed the instrument. DEBRA ANN SMITH Comminbn N t692J0t I certify under PENALTY OF PERJURY under the laws `� Not°ry vralc-Caltfomla z{ of the State of California that the foregoing paragraph is RiveE�Camty true and correct. My Comm.Expkes Oct s•tot WITNES my h d and official seal. 05 Place Notary Seal Above Signature le A44 Signa ure of Notary P lic 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: PERFORMANCE BOND / BOND # 6641051 / SAN JUAN CAPRISTRANO Document Date: OCT. 9, 2009 Number of Pages: 2 Signer(s)Other Than Named Above: JUDITH K. CUNNINGHAM Capacity(ies) Claimed by Signer(s) Signer's Name: JAMES P. ELFRING Signer's Name: JUDITH K. CUNNINGHAM ❑ Individual G Individual Corporate Officer—Title(s): PRESIDENT ❑ Corporate Officer—Title(s): Partner—❑ Limited ❑ GeneralF1 Partner—❑ Limited ❑ General _ 5•• Lit _Attorney in Fact • _ _ LXX Attorney in Fact ❑ Trustee Top of thumb here [j Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ci Other: J Other: Signer Is Representing: Signer Is Representing KEC ENGINEERING SAFECO INSURAN 02007 National Notary Association-9350 De Soto Ave,P.O.Box 2402•Chateacrtte,CA 91313-2402•www.NationalNoMh,ar9 Item#5907 Reorder:Call Toll-Free 1-800-876-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On October 9, 2009 before me, Andrea Chastain Notary Personally appeared Judith K. Cunningham Who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/diemauthorized capacity(ies), and that by his/her/the4 signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. _ I certify under PENALTY OF PERJURY under the laws of ANORFA CHASTAIN The State of California that the foregoing paragraph is true o COMM.#1775131 and correct. NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY ^' WITNESS m My comm.expires Oct 22,2011 t y hand and official seal. Signatureoniuo' jq M Signature of Notary Public OPTIONAL Capacity(ies)Claimed by Signer(s) ❑ Individual ❑ Partner_ ❑ Limited ❑ General ® Attorney-in-Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing: SAFECO INSURANCE COMPANY OF AMERICA Safeco Insurance Company of America General Insurance Company of America Liberty' POWER 10014th Avenue MutuAl, OF ATTORNEY sea 00 17wa 98159 KNOW ALL BY THESE PRESENTS: No. 9223 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ****'***"*DENISE BENNETT,JUDITH K.CUNNINGHAM;JOHN M.GARRETT;CHARISE MAY;STEVEN C.MOSIER, ERIKA A.NICHOLAS;Irvine,California'"'" its true and lawful attorney(sHn-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day of March 2009 Dexter R.Loan,Secretary Timothy A.Mikolalewsid,Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28.1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Dexter R.Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certiy,that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 9TH day of OCTOBER 2009 ecoaa,W SEAL SEAL ! 1953lsia a Dexter R.Legg,Secretary of S-0974/DS 3/09 WEB PDF *EXECUTED IN DUPLICATE • 46ND NO: 6641051 Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS,the CITY OF SAN JUAN CAPISTRANO,a municipal corporation of Orange County, California, has awarded to KEC ENGINEERING , License No. hereinafter designated as "Principal" a contract for CITY SEWER HYDRAULIC CAPACITY PROJECT N0. 2 (CIP 7193 ; and WHEREAS,said Principal is required to furnish a bond in connection with the said contract providing that if said Principal,or any of his or its sub-contractors,shall fail to pay for any materials, provisions,provender or other supplies or teams used in,upon,for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE,we KEC ENGINEERING Principal,and SAFECO INSURANCE COMPANY OF AMERICA as surety, are Held firmly bound unto the City of San Juan Capistrano,a municipal corporation, in the penal sum of SEVEN HUNDRED TWENTY ONE THOUSAND FOUR HUNDRED FIFTY THREE AND DOLLARS NO/100 ($ 721,453.00 ),lawful money of the United States of America,for payment of which sum well and truly to be made we bind ourselves,our heirs,executors,administrators and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal,his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials,provisions,provender,or teams,or other supplies or equipment used in,upon,for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1,Division 5,Chapter 3 of the Government Code of California as amended,that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of an and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suite brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change,extension of time,alteration or modification of the contract documents or of work to be performed thereunder. LM-1 As a part of the obligation secured thereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three(3)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 9TH day of OCTOBER 2009. The name and corporate sea] of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. KEC ENGINEERING PRINCIPAL By r�r�nvc, SAFECO INSURANCE COMPANY OF AMERICA SURETY By JUD TH K. CUNNINGHAM APPROVED AS TO FORM ATTORNEY-IN-FACT OMAR SANDOVAL, CITY ATTORNEY LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of RIVERSIDE 11 On OCT. 13, 2009 before me, DEBRA ANN SMITH / NOTARY PUBLIC Date Here Insert Name and Title of the officer personally appeared JAMES P. ELFRING Name( of Signeri�j who proved to me on the basis of satisfactory evidence to be the person(,$) whose name(, is/we subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/]I a 4iek authorized capacity(iee), and that by his/49W4h& signature(05 on the instrument the person(o, or the entity upon behalf of which the person(/) acted, executed the instrument. •u DEeRAnfdNt7Mrt7t ■ I certify under PENALTY OF PERJURY under the laws Comr Public M t6$43o7 of the State of California that the foregoing paragraph is 3z -i Notary PubNc-CalNanlo � 9 9 p 9 P RNOW0 Courfy true and correct. My COMM ExpM DO 5.2014 WITNEmy h d and official seal. Signature Place Notary seal Above Signature at Notary c 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: LABOR & MATERIAL BOND / BOND # 6641051 / SAN JUAN CAPRISTRANO Document Date: OCT• 9, 2009 Number of Pages: 2 Signer(s) Other Than Named Above: JUDITH K. CUNNINGHAM Capacity(ies)Claimed by Signer(s) Signer's Name: JAMES P. ELFRING Signer's Name: JUDITH K. CUNNINGHAM ❑ Individual ❑ Individual I Corporate Officer—Title(s): PRESIDENT ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited C General _ _ ❑ Partner—❑ Limited C General L' Attorney in Fact • $7 Attorney in Fact •- ❑ Trustee Top of thumb here G Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator C Other: ❑ Other: Signer Is Representing: Signer Is Representing. KEC ENGINEERING SAFECO INSURANCE p2007 National Notary Associatim•9350 De Soto Ave.,PO.eox 2402•Chatsworth,CA 913132492•www.NatiorwlNotary.org Item#5907 Reader.GalI a Free t-893875%27 State of California CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of Oranee On October 9, 2009 before me, Andrea Chastain Notary Personally appeared Judith K. Cunningham Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in his/her/their=authorized capacity(ies), and that by his/her/Fkeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ANDREACHASTAIN acted, executed the instrument. #1775131 N01TARy PUeLr CAUFORNIA N ORAWEC004' I certify under PENALTY OF PERJURY under the laws of j µy comm.e> res '�'2p11 The State of California that the foregoing paragraph is true J and correct. WITNESS my hand and official seal. Signature 0&11*, 0_h_1-- Signature of Notary Public OPTIONAL Capacity(ies)Claimed by Signer(s) ❑ Individual ❑ Partner ❑ Limited ❑ General ® Attorney-in-Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing: SAFECO INSURANCE COMPANY OF AMERICA Safeco Insurance Company of America General Insurance Company of America Lllil'1'tti' POWER 1001 4th Avenue MUtUfll OF ATTORNEY Seattle,WA 98154 KNOW ALL BY THESE PRESENTS: No. 9223 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint —11""!'"*vDENISE BENNETT,JUDITH K.CUNNINGHAM;JOHN M.GARRETT;CHARISE MAY;STEVEN C.MOSIER; ERIKA A.NICHOLAS;Irvine,California******`*****"" its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day of March P 2009 PLX44 Dexter R.Legg,Secretary Timothy A.Mikolatewski,Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and f 0 A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 9TH day of OCTOBER 2009 � COMP, SEAL SEAL l a. j1 X 3 lots Dexter R.Legg,Secretary S-0974/0S 3/09 Mme' �+ WEB PDF ACC)IRZY, CERTIF*kTE OF LIABILITY INSOANCE F DATE(MMIDDfYYM 1 1019/2009 ~DUCER GarretUMosier/Griffith/Sistrunk Ins. Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 12 Truman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Irvine, CA 92620 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (949)559-6700 OBB4519 www.garrett-mosier.com INSURERS AFFORDING COVERAGE- NAIC# INSURED KEC Engineering INSURER A:Travelers Property Casualty Go.of America 200 North Sherman Avenue INSURER a Travelers Indemnify Company of Connecticut Corona CA 92882 INSURER C: SeaBright Insurance Company INSURERo I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t R D'L POUCYEFFECTWE POLICY Ptt ON ME OF INSURANCE -POLICY NUMB R DATE IMNUDDINYYY1 LIMITS x0'000 A GENERAL LIABILITY DTEC09323BI09TIL09 7/112009 7/11/2010 EACH OCCURRENCE $ 'A "To"'T" COMMERCIAL GENERAL LIABILITY PRE"MG, CI-AIMS MADE SES(E,accurner.) $ 300,000 OCCUR _m� $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENIL AGGREGATE LIMIT APPLIES PER: PRODUCTS-CDMPIOP AGO $ 2,000,000 1 17 POLICY PRO- JECT F7 LOC B AUTOMOBILE LIABILITY DT8109323BI09TOT09 7/112009 7/1/20110 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident), ALL OWNED AUTOS SOMLY INJURY $ SCHEDULED AUTOS (Par Pers0a) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY OAVIAGE $ (Per accident) "RAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ADC $ AUTO ONLY! AGO $ A EXCESS I UMBRELLA LIABILITY DTSM-CUP-9323BI09- 7/11/2009 7/1/20110 EACH OCCURRENCE $ 1,000,000 OCCUR CI-AIMS MADE TIL-09 AGGREGATE $ 1,000,000 1i DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION BB1090231 4/1/2009 4/1/2010 WC STATU� OTH. AND EMPLOYERS LIABILITY YIN TORY I IMITS FR ANY PROPRIETORIPARTNERIEXECUTIVE F-7 El.EACH ACCIDENT $ 1.000.000 OFF[CERIMEMBER EXCLUDED' (Mandadory In NH) F.L DISEASE-EA EMPLOYEE $ 1,000,00 Dee S E6 desente under IAL PROVISIONS W1. 91.DISEASE-POLICY LIMIT $ 1,000,00 OTHER I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE:Hydraulic Capacity Project No.2 Trunk Line Sewer Reconstruction(CIP 719) City of San Juan Capistrano and its elected and appointed officials are added as Additional Insured,per OGD246 08/05 attached,with respect to work performed for them by KEC;Engineering under General Liability coverage. CERTIFICATE HOLDER CANCELLATION Hydraulic Capacity Project No.2 SHOULD ANY OF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Juan Capistrano DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN 32400 PaSeo Adelanto NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL San Juan Capistrano CA 92675 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,US AGENTS OR REPRESENTATIVES. 'I0Day8fcrNon-ParINeNtcIPNNnIurn. AUTHORIZED REPRESENTATIVE John Garrett e�l A ACORD 25(2009101) 0 1988-2009 ACORD CORPORATION. All rights reserved. �Rlr NO.: 5979614 charize may 1019/2009 4:00:44 PH Page I of 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009101) CERT NO.: 5979614 Chaii6e May 10/9/2009 4:00:44 PM Page 2 Of 4 KEC Engineering • LMERCIAL GENERAL LIABILITY DTEC09323B109TIL09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ante" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply e "bodily the injury", l i the additional insured by this endorsement still is Pp y ry ' p p- excess over any valid and collectible "other in- erty damage" or personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ante". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, additional insured by this endorsement: approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a engineering activities. claim. To the extent possible, such notice should include: CG D2 46 08 05 ®2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 CERT W.: 5979614 Chazife May 10/9/2009 4:00:44 PM Page 3 of 4 COMMIMCIAL GENERAL LIAMY • L How, when and where the "occurrence" any provider of "other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. I. Immediately record the specifics of the — DEFINITIONS: claim or"suit" and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to t that we under which you are required to include a i receive written notice of the claim o "suit" as person or organization as an additional in- sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 ®2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 CERT NO.: 5979614 Chazise May 10/9/2009 4:00:44 PM Page 4 Of 4 Charles Hickman From: Wendy Kine Sent: Wednesday, October 14, 2009 11:18 AM To: Charles Hickman Subject: FW:Welcome to E-Verify—Your E-Verify Enrollment Confirmation Wendy Kine KEC Engineering 951/734-3010 phone 951/735-2041 fax wendy®kecengineering.com -----Original Message----- From: enrollment®dhs.gov [mailto:enrollmentMdhs.gov] Sent: Wednesday, September 16, 2009 10:46 AM To: Wendy Kine Subject: Welcome to E-Verify — Your E-Verify Enrollment Confirmation Welcome to E-verify. You have successfully enrolled your company in the program. Now that your company is enrolled, you can register additional users who need access to E- verify and choose whether to give them program administrator or general user access. During the company enrollment process, you already registered yourself to use E-Verify. Here is your login information: Your Program Administrator User ID: WKI! Your Temporary Password: There are still a few things you need to do before you can begin using E-Verify. Just follow the steps below to get started: 1. Go to the E-Verify Web site at https://e-verify.uscis.gov/emp. You'll visit this Web site every time you log in to E-Verify to verify your employees. We recommend you "bookmark" or save this Web site as a "favorite" so you'll have easy access to it in the future. 2. Log in to E-Verify using the user ID and temporary password listed above. Once you log in, you'll be required to change your password. Your new password must meet our password security standards (we' ll tell you more about this when you change your password) . 3. Create your password challenge questions. This is really important because if you ever forget your password, you can answer the password challenge questions you created and reset your password without having to contact US. 4. Take the E-Verify online tutorial. Though we've put a lot of effort into making E-Verify easy to use, work eligibility and immigration are complicated subjects. The required online tutorial will teach you how to use E-Verify and what you need to do to follow the rules of the program. You don't have to take the entire tutorial at one time, but you will have to complete it and pass the mastery test before you can begin using E-Verify. You can access the tutorial by clicking on the "Tutorial" link at the top right side of the E-Verify home page after you've logged in. 5. Register additional users (if necessary) . After you've completed the tutorial and have passed the mastery test, you can register additional users by clicking on the "Add User" link on the left menu of the E-Verify home page. When you register a new user, you can choose between program administrator and 1 , t r general user access. Anyone with program administrator access can add, delete, modify and reset the passwords of other program administrator and general user accounts. SHARING USER IDs AND PASSWORDS IS NOT ALLOWED so if you have additional people who will use E-Verify, you must register them with their own user IDs and passwords. You're ultimately responsible for any activity associated with your user ID so don't share your password with anyone—and that includes us. (If you ever contact our help desk, we'll never ask for your password either. ) Need Help? If you need help using E-Verify or you have questions about E-verify policies, we're here for you. We're also always looking for ways to improve E-Verify so please tell us how we can make 9-Verify work better for you. You can reach us by phone at 1-888-464-4218 or by e-mail at E-Verify®dhs.gov. E-Verify Customer Support is available Monday through Friday from 8 a.m. to 8 p.m. (Eastern Time) except on federal holidays. (Don't reply to this e-mail because these e-mails are sent automatically and replies won't reach a live person. ) If you need technical assistance, contact our technical help desk at 1-800-741-5023. E- verify Technical Support is available Monday through Friday from 9 a.m. until 7 p.m. (Eastern Time) , except on Thanksgiving, Christmas and New Year' s Day. We're excited that you've joined E-Verify and we're committed to helping your company ensure a legal workforce. Regards, The E-Verify Team This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email 2 EXECUTED IN DUPLICATE • *BOND NO: 6641051 PREMIUM: $7,522.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That KEC ENGINEERING as Principal, hereinafter called CONTRACTOR, and SAFEw INSURANCE COMPANY OF AMERICA as Surety, hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter called CITY, in the amount of SEVEN HUNDRED TWENTY ONE THOUSAND FOUR HUNDRED FIFTY THREE AND N0/100 DOLLARS 4 3.00) DOLLARS $722I ohars� t5or payment w � hereof Contractor and Surety bond themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated ON OR ABOUT OCTOBER 6, 2009 , entered into a (describe agreement): CITY SEWER HYDRAULIC CAPACITY PROJECT NO. 2 (CIP 719) which contract is by reference made a part hereof; NOW THEREFORE,the condition of this obligation is such that,if Principal shall promptly and faithfully perform said agreement,then this obligation shall be null and void;otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. PB-I 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder,shall in any way affect its obligations or this bond,and it does hereby waive notice of any such change,extension of time,alterations,or modifications of the contract documents or of work to be performed thereunder. Executed this 9TH day of OCTOBER 2009 at 12 TRUMAN, IRVINE California. PRINCIPAL KEC ENGINEERING AT II FREC, APPROVED AS TO FORM (NOTATaZATION AND SEAL) OMAR SANDOVAL, CITY ATTORNEY SURETY SAFECO INSURANCE COMPANY OF AMERICA JUDITH K. CUNNINGHAM, ATTO Y-IN-FACT (NOTARIZATION AND SEAL) PB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of RIVERSIDE J} On OCT. 13, 2009 before me, DEBRA ANN SMITH / NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JAMES P. ELFRING Name )of Signer(' who proved to me on the basis of satisfactory evidence to be the person(lwhose name() is/aresubscribed to the within instrument and acknowledged to me that he/414ekhey executed the same in his/ho;%heir authorized capacity(ies), and that by his4wW44il4r signature(o) on the instrument the person(), or the entity upon behalf of which the person( acted, executed the instrument. 10MDEBRA ANN SMITH Commbrion# 1692301 1 certify under PENALTY OF PERJURY under the laws Nwanf Public-California of the State of California that the foregoing paragraph is rtwarae County true and correct. IfCornin.Exomoct 6,tot WITNESmy ha and official seal. Signature Place Notary Seal Above Sig ure of Notary 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: PERFORMANCE BOND/ BOND #6641051 / SAN JUAN CAPRISTRANO Document Date: OCT. 9, 2009 Number of Pages: 2 Signer(s) Other Than Named Above: JUDITH K. CUNNINGHAM Capacity(ies) Claimed by Signer(s) Signer's Name: JAMES P. ELFRING Signer's Name: JUDITH K. CUNNINGHAM ❑ Individual ❑ Individual k Corporate Officer—Title(s): PRESIDENT III Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General _ _ _ El Partner—El Limited El General '❑ Attorney in Fact • ii X1 Attorney in Fact INNEM LJ Trustee Top of thumb here LJ Trustee Top of thumb here G Guardian or Conservator ❑ Guardian or Conservator .❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: KEC ENGINEERING SAFECO INSURANCE ®2007 National Notary Associaton•93so De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w NatiooalNotaryorg Item#5907 Reorder.Call Toll-Free 1-8001 State of California CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of Orange _ On October 9, 2009 before me, Andrea Chastain Notary Personally appeared Judith K. Cunningham Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware 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. ANDREA CHASTAIN I certify under PENALTY OF PERJURY under the laws of p COMM.#1775131 3 The State of California that the foregoing paragraph is true NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY o and correct. My comm.eglires Oq.22,2011 t WITNESS my hand and official seal. aa*,a liy } Signature a ` _ Signature of Notary Public OPTIONAL Capacity(its)Claimed by Signer(s) ❑ Individual ❑ Partner— ❑ Limited ❑ General ® Attomey-in-Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing: SAFECO INSURANCE COMPANY OF AMERICA Safeco Insurance Company of America L1bCl'ty General Insumnoe Company of America POWER toot 4th Avenue MUlU7I OF ATTORNEY SuSeant,,io We,WA 98754 KNOW ALL BY THESE PRESENTS: No. 9223 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ****DENISE BENNETT,JUDITH K.CUNNINGHAM;JOHN M.GARRETT;CHARISE MAY;STEVEN C.MOSIER; ERIKA A.NICHOLAS;Irvine,California***'"'** ****1 .,******"�*** its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day of March 2009 PLA RIM, Dexter R.Leap,Secretary Timothy A.Mikolaiewskl,Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business..-On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted Jury 28.1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, fi) The provisions of Article V,Section 13 of the By-Laws,and A copy of the powerofattomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney 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,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney Issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 9TH day of OCTOBER 2009 C VC � GAPOWGE �. SEAL SEAL A �y, x Rjf.�95 or 23 Dexter R.Legg,Secretary S-0974/DS 3/09 WEB PDF EXECUTED IN DUPLICATE • •BOND NO: 6641051 Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS,the CITY OF SAN JUAN CAPISTRANO,a municipal corporation of Orange County, California, has awarded to KEC ENGINEERING , License No. hereinafter designated as "Princi al" a contract for CITY SEWER HYDRAULIC CAPACITY PROJECT NO. 2 (CIP 7191 and WHEREAS,said Principal is required to famish a bond in connection with the said contract providing that if said Principal,or any of his or its sub-contractors,shall fail to pay for any materials, provisions,provender or other supplies or teams used in,upon,for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE,we KEC ENGINEERING Principal, and SAFECO INSURANCE COMPANY OF AMERICA as surety, are Held firmly bound unto the City of San Juan Capistrano,a municipal corporation, in the penal sum of SEVEN HUNDRED TWENTY ONE THOUSAND FOUR HUNDRED FIFTY THREE AND DOLLARS N0/100 ($ 721,453.00 ),lawful money of the United States of America,for payment of which sum well and truly to be made we bind ourselves,our heirs,executors,administrators and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal,his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials,provisions,provender,or teams,or other supplies or equipment used in,upon,for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1,Division 5,Chapter 3 of the Government Code of California as amended,that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond,a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of an and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suite brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change,extension of time,alteration or modification of the contract documents or of work to be performed thereunder. LM-I As a part of the obligation secured thereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three(3)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof,have been duly executed by the Principal and surety herein named on the 9TH day of OCTOBER 2009. , The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. KEC ENGINEERING PRINCIP By J P. aFRING, SAFECO INSURANCE COMPANY OF AMERICA SURE Y By n APPROVED AS TO FORM JUDITH K. CU14NINGRAM ATTORNEY-IN-FACT OMAR SANDOVAL, CITY ATTORNEY LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE On OCT. 13, 2009 before me, DEBRA ANN SMITH / NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JAMES P. ELFRING Name of Signer who proved to me on the basis of satisfactory evidence to be the person(y) whose name(pl is/afe subscribed to the within instrument and acknowledged to me that he/sheA4ey executed the same in hisA4@;4tteir authorized capacity(iee), and that by his/4@R4h& signatureW on the instrument the person(p'), or the entity upon behalf of which the person acted, executed the instrument. DEBRA ANN SMtfH Commill M 1692301 1 1 certify under PENALTY OF PERJURY under the laws 'il� NokXy Pubtic-CORMnla f th that i lif C f the State ofaorna e foregoing R,OM�Colg g paragraph is MyCamm.ExplrssOct5.207 true and correct. WITNE S my he and official seal. Signature Place Notary seal Above signature of Notary P is 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: LABOR & MATERIAL BOND / BOND # 6641051 / SAN JUAN CAPRISTRANO Document Date: OCT, 9, 2009 Number of Pages: 2 Signer(s) Other Than Named Above: JUDITH K. CUNNINGHAM Capacity(ies) Claimed by Signer(s) Signer's Name: JAMES P. ELFRING Signer's Name: JUDITH K. CUNNINGHAM ❑ Individual ❑ Individual A Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact X Attorney in Fact IJ Trustee Top at m�mh Here ❑Trustee TOP of m,mq Here :7 Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: KEC ENGINEERING SAFECO INSURANCE 02007 National Notary Association-9350 De Soto Ave,PO Box 2402•Chatavomh,CA 91313-2402•www.NatlonalNotaryorg Item#5907 Reamer.Call Toll-Free 1-800.876-6827 State of California CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of Orange On October 9, 2009 before me, Andrea Chastain Notary Personally appeared Judith K. Cunningham Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/gwy executed the same in his/her/their--authorized capacity(ies), and that by his/her/#w4 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. )RE HASTA MM. 1775131 I certify under PENALTY OF PERJURY under the laws of n P 8 CCALIFORNIA i The State of California that the foregoing paragraph is true g g PP ")FIANGECOUNTY N and correct. .".expires oct.22,2011 t ANDREA CHASTAIN WITNESS my hand and official seal. pa ' COMM.#1775131 g NOTARY PUBLIC CALIFORNIA 0 3 ORANGE COUNTY ro ' My comm.expires Oct 22,2011 It Signature Signature of Notary Public OPTIONAL Capacity(ies)Claimed by Signer(s) ❑ Individual ❑ Partner ❑ Limited ❑ General ® Attorney-in-Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing: SAFECO INSURANCE COMPANY OF AMERICA Safeco Insurance Company of America General Insurance Company of Amenca Libet-tv POWER 10014th Avenue MUtua'l OF ATTORNEY Seattle,WA 98154 No. 9223 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint *****'*****DENISE BENNETT;JUDITH K CUNNINGHAM;JOHN M.GARRETT,CHARISE MAY;STEVEN C.MOSIER, ERIKA A.NICHOLAS;Irvine,California****'****'"""'*'"******"*""*"****"** Its true and lawful altomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21St day of March 2009 Dexter R.Lena,Secretary Timothy A.Mikolaiewski,Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the oourse of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and (if) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said powerof-attorney 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,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 9TH day of OCTOBER 2009 cwwm c � SEAL Z SEAL 4895 t'gs a 'tedDexter R.Legg,Secretary of S-0974/DS 3/09 WEB PDF ACCERTIFOATE OF LIABILITY INSWANCE DATE(MMRID YYYY) PRODUCER Garrett/Mosier/Griffith/Sistrunk Ins. Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 12 Truman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Irvine, CA 92620 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (949)559-6700 OB84519 www, arrett-mosier.com INSURERS AFFORDING COVERAGE NAIC# INSURED KEC Engineering INSURER A: Travelers Property Casualty Co.of America 200 North Sherman Avenue INSURER B: Travelers Indemnity Company of Connecticut Corona CA 92882 INSURER C:SeaBri ht Insurance Company INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DIL POLICY EFFECTIVE POLICY EXPIRATION TYPE OF nanipmAmrrPOLICY NUMBER LIMITS A GENERAL LIABILITY DTE009323B109TIL09 7/1/2009 7/1/2010 EACH OCCURRENCE $ 1,000,000 FToRE ED COMMERCIAL GENERAL LIABILITY DAMAGPR MISES $ 300,000 CLAIMS MADE 121 OCCUR MED EXP Arrone rson $ 5,00 PERSONAL B ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY1/ IFUPRO- LOC B AUTOMOBILE LIABILITY DT8109323BI09TCT09 7/1/2009 7/1/2010 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Par Person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC E AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY DTSM-CUP-9323B/09- 7/1/2009 7/1/2010 EACH OCCURRENCE $ 1,000,000 1/1 OCCUR CLAIMS MADE TIL-09 AGGREGATE $ 1,000,000 DEDUCTIBLE $ RETENTION $ $ C WORICERS COMPENSATION BB1090231 4/1/2009 4/1/2010 �/ I TR WC5TATU- OTN- AND EMPLOYERS'LIABILITY V/N ANY PROPRIETOR/PARTNEWEXECUTIVE❑ E.L.EACH ACCIDENT $ 100000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000.000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROMSIONS RE:Hydraulic Capacity Project No.2 Trunk Line Sewer Reconstruction(CIP 719) City of San Juan Capistrano and its elected and appointed officials are added as Additional Insured,per CG0246 08/05 attached,with respect to work performed for them by KEC Engineering under General Liability coverage. CERTIFICATE HOL ER CANCELLATION Hydraulic Capacity Project No.2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Juan Capistrano DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN 32400 Paseo AcIelanto NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SH L San Juan Capistrano CA 92675 IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. '10 Days for Non-Peynrerd of Premium. AUTHORQED REPRESENTATIVE � John Garrett ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. CERT NO.: 5979614 Chaise May 10/9/2009 4:00:44 PM Page 1 of 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009101) CERT NO— 5979614 Chaiiee May 10/x/2009 4:00:44 PM page 2 of 4 KEC Engineering • MERCIAL GENERAL LIABILITY DTECO9323B109TIL09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to 'bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for 'bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of 'bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible 'other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to 'other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III— Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to 'bodily injury", "prop- excess over any valid and collectible 'other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such 'other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an 'occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or engineering activities. claim. To the extent possible, such notice should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 CERT NO.: 5999614 Chaise May 10/9/2009 4:00:44 PM Page 3 Of 4 CCRv1MERCIAL GENERAL LIASY • I. How, when and where the 'occurrence" any provider of 'other insurance" which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the 'occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit' is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. I. Immediately record the specifics of the — DEFINITIONS: claim or"suit' and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or "suit" as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit', cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit', and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit' to c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 CERT NO.: 5999614 Chari Be May 10/9/2009 4:00:44 PM Page 4 Of 4 BUSINESS PROFESSION AND TRADE LICENSE CITY OF SAN JV w CI ( A plST A THE PERSON,FIRM OR CORPORATION NAMED BE LQ NUMBER OF /'Y4 `Cnf[ Fin HEREBY GRANTED THIS LICENSE AS.THE RECEIRT FOIL FEES PAIOTOTHE Crr7 OF SAN.IUA?N CAIiISTRANO FOR THE BUSINESS DESCRIBEDBELOW.FOR THE PER IODINDICATED. GRANAINY LAW OR ORDINANCE.THE NG OF THIS CERTIFICATE ECITYODOES NOT PASS ON THE T ENTITLE THE QUALIFICATIONS OFI THE HOLDER OF THS CIERT FIICCATOE. 09-68390 TYP@ OF BUSINESS SUMNESS CODE I EFFECTIVE DATE I GENERAL CONTRACTOR 68390 09/14/2009 �BUSINE$d hOCATNNI EXPIRATION DATE 200 N.SHERM AVE. CORONA CA 92882 12/31/2009 LICENSE FEES PAID KECENGINEEERING I $ 138.00 200N.SKRMAN AVE. NON TRANSFERABLE CORONA,CA 92882 POST INA CONSPIdU04"CE B' NSE coLL cion s Charles Hickman From: Wendy Kine Sent: Wednesday, October 14, 2009 11:18 AM To: Charles Hickman Subject: FW: Welcome to E-Verify—Your E-Verify Enrollment Confirmation Wendy Kine KEC Engineering 951/734-3010 phone 951/735-2041 fax wendygkecengineering.com -----Original Message----- From: enrollment®dhs.gov [mailto:enrollment®dhs.gov] Sent: Wednesday, September 16, 2009 10:46 AM To: Wendy Kine Subject: Welcome to E-Verify — Your E-Verify Enrollment Confirmation Welcome to E-Verify. You have successfully enrolled your company in the program. Now that your company is enrolled, you can register additional users who need access to E- Verify and choose whether to give them program administrator or general user access. During the company enrollment process, you already registered yourself to use E-Verify. Here is your login information: Your Program Administrator User ID: WKI Your Temporary Password: There are still a few things you need to do before you can begin using E-Verify. Just follow the steps below to get started: 1. Go to the E-Verify Web site at https://e-verify.uscis.gov/emp. You'll visit this Web site every time you log in to E-Verify to verify your employees. We recommend you "bookmark" or save this Web site as a "favorite" so you'll have easy access to it in the future. 2 . Log in to E-Verify using the user ID and temporary password listed above. Once you log in, you'll be required to change your password. Your new password must meet our password security standards (we'll tell you more about this when you change your password) . 3 . Create your password challenge questions. This is really important because if you ever forget your password, you can answer the password challenge questions you created and reset your password without having to contact US. 4. Take the E-Verify online tutorial. Though we've put a lot of effort into making E-Verify easy to use, work eligibility and immigration are complicated subjects. The required online tutorial will teach you how to use E-Verify and what you need to do to follow the rules of the program. You don't have to take the entire tutorial at one time, but you will have to complete it and pass the mastery test before you can begin using E-Verify. You can access the tutorial by clicking on the "Tutorial" link at the top right side of the E-Verify home page after you've logged in. 5. Register additional users (if necessary) . After you've completed the tutorial and have passed the mastery test, you can register additional users by clicking on the "Add User" link on the left menu of the E-Verify home page. When you register a new user, you can choose between program administrator and 1 general user access. Anyone with program administrator access can add, delete, modify and reset the passwords of other program administrator and general user accounts. SHARING USER IDs AND PASSWORDS IS NOT ALLOWED so if you have additional people who will use E-Verify, you must register them with their own user IDs and passwords. You're ultimately responsible for any activity associated with your user ID so don't share your password with anyone—and that includes us. (If you ever contact our help desk, we'll never ask for your password either.) Need Help? If you need help using E-Verify or you have questions about E-Verify policies, we're here for you. We're also always looking for ways to improve E-Verify so please tell us how we can make E-Verify work better for you. You can reach us by phone at 1-888-464-4218 or by e-mail at E-Verify@dhs.gov. E-Verify Customer Support is available Monday through Friday from 8 a.m. to 8 p.m. (Eastern Time) except on federal holidays. (Don't reply to this e-mail because these e-mails are sent automatically and replies won't reach a live person. ) If you need technical assistance, contact our technical help desk at 1-800-741-5023. E- Verify Technical Support is available Monday through Friday from 9 a.m. until 7 p.m. (Eastern Time) , except on Thanksgiving, Christmas and New Year's Day. We're excited that you've joined E-Verify and we're committed to helping your company ensure a legal workforce. Regards, The E-Verify Team This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email 2 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECEIVED ) ss. p 5: 44 County of Orange ) 2009 SEP 23 1 am a citizen of the United States and a resident C l l'i of the County aforesaid; I am over the age of SAN JUAN CAPISTRANO eighteen years, and not a party to or interested in the above entitled matter.I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed $ is a true printed copy,has been published in each twnaarw4wsaar PrAMM 42 regular and entire issue of said newspaper and Mpg not in any supplement thereof on the following jos low•vim» No**4hnaEy Ula esakW bide b Vis N,dramc dates,to wit: X ,bMnq,u 06.mod N= AApae SYaa WreoWwda114 also-a614cy Cbrk n to Aug 6,2009 aF1w CNr�4-n,A1�1 Cwobu.W QNan4r;,ma 3 p.m. opened wow. ow .II9ai d i�tAM um.u,.y wA e- 0aoy a 6e FIN ed sr-on me m m- CMYe Oaoe. CRY ar� 3aW0 "I certify (or declare) under the penalty of v a m,Ad@Wft San a,.n rapa0-nd,oc 3240D "I w ahbined a 1d roma6nd"awga a 696 pua a and Spedfibeflons perjury under the laws of the State of California n�eFor�numro-t ,�OWftce MWon ran, Aooakf 8vkw m M 0"4454M. that the foregoing is true and correct': or-d:,uy$s,zaoe Executed at Santa Ana,Orange County, California,on 141 MM"Mords onr of 6AN,AMMl RIM Date: Aug 6,2009 ORANGE OOUNTY,eAUFORNIA PabYpr.GNartbYMryN.w ,&QM6,2M � 6177146 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: AUGUST 6, 2009 AUGUST 13, 2009 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — HYDRAULIC CAPACITY PROJECT #2 (CIP 719) MARINER'S DRIVE & DRAINAGE REHABILITATION 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: Mari ct g City Irk DATE: July 23, 2009 Date of Bid Opening - 08/27/2009 Date(s) notice published - 08106120094 - 08/13/2009 Date affidavit received - n Date notice posted in - 08/06/20091 n/ designated posting places v� NOTICE INVITING BIDS HYDRAULIC CAPACITY PROJECT#2 (CIP 719) MARINER'S DRIVE TO ALIPAZ STREET & DRAINAGE REHABILITATION AT CAMINO DEL AVION TO ALIPAZ STREET Notice is hereby given that sealed bids for the Hydraulic Capacity Project #2 (CIP 719), Mariner's.Drive to Alipaz Street & Drainage Rehabilitation at Camino Del Avion to Alipaz Street, will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 3 p.m. on Thursday, August 27, 2009 at which time they will be opened and read aloud. 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 plus a charge of $10 for each set of Plans and Specifications mailed. For more information, please contact Khoon Tan, Associate Engineer at (949) 443-63EA. i Dated: July 23, 2009 1 MMI[ RR , ACTI ITY CLERK CIT N UAN CAIPISTRANO ORANGE COUNTY, CA IF RNIA 0 0 HYDRAULIC CAPACITY PROJECT NO. 2—MARINER'S DRIVE TO ALIPAZ STREET AND DRAINAGE REHABILITATION AT CAMINO DEL AVION AT ALIPAZ STREET NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 3:001m on the 27th day of August 2009 receive sealed proposals or bids for the Hydraulic Capacity Project#2,Trunk Line Sewer Construction and Drainage Rehabilitation (CIP 719) in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 2006 Edition, including all supplements therefore, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the City Clerk's Office,San Juan Capistrano City Hall,32400 Paseo Adelanto, San Juan Capistrano, California. The work to be done consists of constructing approximately 2,400 linear feet of 24"PVC sewer line along San Juan Creek from Mariner's Drive to Camino Del Avion. Work also includes the construction of approximately 115 linear feet of 30"RCP storm drain at the intersection of Camino Del Avion and Alipaz Street. The work will include pipe installation,manhole construction, catch basin construction, locating interfering utilities, relocation of interfering water lines, excavating, backfilling, surface restoration, removing and replacing landscaping and irrigation systems, connection to existing facilities,protection of existing facilities,sewer bypassing,public notification, coordination with the County of Orange, and all other appurtenant work necessary to construct the sewer and storm drain lines. No bid will be received unless it is made on a proposal provided within these specifications. Any person desiring to submit a bid proposal in response to this bid package must first purchase the bid package. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent (10%)of the total bid amount. The bid check,cashier's check or bidder's bond of the successful bidder will be forfeited to the City of San Juan Capistrano in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. Exclusive of written addenda, the City of San Juan Capistrano shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract,will be required to famish a Faithful Performance Bond equal in the amount of one-hundred percent(100%)of the contract price. The surety bond company must be selected from among the surety companies set forth in the Standard Specifications. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that, which in the opinion of the City of San Juan Capistrano, will best serve the interests or needs of the City of San Juan Capistrano. A time limit of ninety(90)calendar days has been set for the completion of the work, from the date of the Notice to Proceed. Construction of this project will commence after the completion of the San Juan Creek Channel,West Bank Levee Protection Project(Phase 1)administered by Orange County Public Works(OCPW),and is expected to start in October 2009 after the Notice to Proceed has been issued by the City. BIDDERS ARE HEREBY NOTIFIED THAT,pursuant to the Labor Code of the State of California, conies of the prevailing rate of ger diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano,California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of$30,non-refundable,is required for obtaining each set of plans and specifications. There will be a $10 charge for postage and handling on all plans and specifications mailed. Invitation to bid, current plan holders list and recent bid results are available for viewing and/or download by accessing the City's website at httn://sanjuancagistrano.org and clicking on the following menus: [DEPARTMENT & SERVICES] > [CITY CLERK] > [PUBLIC BIDS & NOTICES]. Each bidder shall state the California Contractor's License Number and Classification of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and ubl}g}tpd by order oft Co cil members of the City of San Juan Capistrano and is dated this �i►� day 9. C YC CIT N ANC TRANO ORANGE COUNTY, C RNIA RID PROPOSAI. For the: Hydraulic Capacity Project#4 Trunk Line Sewer Reconstruction From. KEC Engineering, 701834, A/C27/C34 Contractor, License No. &Classification To the Members of the City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 2006 Edition, including all supplements therefore, read the Instructions to Bidders,and is familiar with all proposal requirements,and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein,for the unit price or lump sum given on the following pages of this proposal,amounting to a base bid total of: true ( uNDiz-cD �IFTf' ( 4x-eli ItVtis4. ar> 11+2455 ' UIJDArb S 553, 300 Words Figures Said amount to include and cover all taxes,the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery,tools, apparatus, and other means of construction;also,the performance and c mpletion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded,the undersigned agrees to enter into a contract with the City of San Juan Capistrano and to commence work within fifteen (15) calendar days from the date of execution thereof,and to diligently prosecute the work to completion before the expiration of 50 calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the City does not expressly,nor by implication,agree that the actual amount of work will correspond therewith,but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the wwrl as may be deemed expedient by the Engineer. 6 It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty(30)days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen(15)days after the agreement is delivered to him for signature,or within such further time as may be granted by the Members of the City Council,then said check shall be cashed or said bond declared forfeit and an amount equal to t u difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is 10% Bidder ' s Bond (Insert "$ cash,"cashier's check,certified check or bidder's bond on the forms from pages BB- I and BB-2 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Safeco Insurance Company, 120 Vantis, Aliso Viejo, CA 92656 Licensed in accordance with an act providing fc the registration of contractors -- License No. 701834 and Classification A, C27, C34 Signature of Bidder- Leslie i er:Leslie R. Card, Secretarv/ Treasurer 7 (If an individual,so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary,Treasurer, and Manager thereof.) Dated: September 1, 2009 200 N. _:: herman Avenue, Corona, CA 92882 Business Address Dated: September 1 . 2009 (951) 734-3010 Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal,that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: September 1, 2009 Si atureofBidder Leslie R. Card, Secretary/Treasurer Dated: September 1, 2009 (951) 734-3010 Telephone Number 8 SCHEDULE OF WORK ITEMS Hydraulic Capacity Project 94 Trunk Line Sewer Reconstruction a tem, A mist Wo lc Items With,Unit,Prx-re tra .- Tot'a7 Amount uanli � , � (Wn�ten;m Worifs� ` Fr 'res 1 L.S. Mobilize and demobilize for the lump d 00 sum price of rJ NE III uJSA l> dollars. 9, $ 2 L.S. Dewatering system for the lump sum Zd ppo— price of ZW YY TIJt ,js z rn dollars. $ 3 L.S. Off-site storage of equipment and 24 p 0 0— materials for the lump sum price of TWr`AkJT`f f;OU,Z Iµousan,0 dollars. $ 4 460 L.F. Furnish and install 27-inch sewer for the Z SG unit price ofi W aN�,rop) ,`,r rr dollars per linear foot. $ 5 L.S. Furnish and install Bypass Sewer System 5"000— for ,000—for the lump sum price of F t v t �jluus4n�D dollars. $ 6 5 EA. Furnish and install manhole for the unit price oflrrf'rfhwz W D dollars l0, o00 — per each. $ 7 L.S. Furnish and install connection to exist 9 ,400- sewer ,400sewer at north end for the lump sugAen price of N,AIt✓I-Nau5k4b Fovi,�u�ollars. $ 8 L.S. Furnish and install connection to exist 31-7 o 0 sewer at south end(near SO" WA diversion structure) for the lump super $ price of i Item Approximate Work Items With Unit Price Unit Price Total Amount uanti (Written in Words) In Fi ures ] 1 L.S. Remove and replace/cap irrigation ' i Sac) — system for the lump sum price of DNE (i usa/D �EfEu�A�n dollars. $ 12 L.S. Remove, furnish and install miscellane- ous park improvements for the lump sum priceof r'Ir-T`f THJU4MD dollars. $ 13 L.S. Project Site Maintenance at the lump Z 3 a oo— sum price of -rV4En1T`f ianc=E7 r"USA.JD dollars. $ 14 L.S. Obtain Construction Permit for the lump sum price of ten thousand dollars. $10,000 $10,000 15 L.S. Remove and reinstall Baseball Field Lights for the lump sum price of Z4 coo EN-I"fF0VXIi+0u5,dN 1"3dollars. (Item can be deleted at discretion of $ Engineer) Total Bid Price (Enter here and on Page 6) f1ve IIUNDR� f IfTY lfJ -f I90U5A,J0 ( 0paE 1�uanrtc» g SS3 , 3ao " Words Figures lv NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) SS. Countyof Riverside ) Leslie R. Card being first duly sworn deposes and says that heisthe Secretary/ Treasurerof KEC Engineering , the party making the foregoing bid; that such bic .3 not made in the interest of or on behalf of any undisclosed person,partnership,company,association,organization or corporation;that such bid is genuine and not collusive or sham;that said 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 said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such 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 such bid are true; and further, that said bidder has not directly or indirectly, submitted his 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 in connection therewith,to any corporation,partnership,company,association,organization,bid depository,or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: September 1 . 2009 SIGNATURE Les ie R. Card, Secretary/ Treasurer On . the day of 2009,before me,the undersigned,a Notary Public in and fors State, personally appeared personally known to m oved to me on the basis of satisfactory evidence,to be the person(s)whose name(s) subscribed to the within instrument,and acknowledge that executed it. WITNESS my hand and official seal. p� n gY V Notary Public in and for said State 11 1J CALIFORNIA JURAT WITH AFFIANT STATEMENT r XSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California County of RIVERSIDE Subscribed and sworn to (or affirmed) before me on this 2ND day of SEPTEMBER — 2009 by Date Month Year (1)LESLIE R. CARD Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me DEBRA ANN SMrtH (and Commhgon 1 301 (2) N/A , �� Notary PUb#e_CaMomla Name of Signer RNeralde Ca+MY proved to me on the basis of satisfactory evidence My Comm-ExplratOrtt0.201 to be the -rso ho appeared beiLiE� or Signatur Signature of Notary Pub' Place Notary Seal Above 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. Top of thumb here Top of thumb here Further Description of Any Attached Document Title orType ofDocument: NON—COLLUSION AFFIDAVIT Document Date: SEPTEMBER 1, 2009 Number of Pages: 1 Signer(s)Other Than Named Above: NONE 02007NaWnal Notary Association•9350De Soto Ave.,P.O.eoz24 ,CWmM,CA913132402-v ..NabonaiNota org Item#5910 Reorder:Call Toil-Free1-800-8]6602] DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended,the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid,and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed bythe undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub-contractor License No. Address Phone &Classification 1. 2. 3. 4. 5. 6. 7. 8. KEC Engineering BIDDER'S NAME AUTATORIZE15 SIGNATURE Lesli€ R, Card, Secretary/ Treasurer Note: All sub-contractors shall obtain a City Business License prior to the start of construction. Proof shall be required prior to commencement of construction. 12 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, KEC ENGINEERING as PRINCIPAL, and SAFECO INSURANCE COMPANY OF AMERICA as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO,Obligee,hereinafter called City,in the sum of S---------10%------- * for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these * TEN PERCENT OF THE TOTAL AMOUNT BID IN DOLLARS presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated gFPTRMBRR 3 , 2009, for the construction of Hydraulic Capacity Project #4 Trunk Line Sewer Reconstruction for the CITY OF SAN JUAN CAPISTRANO, Orange County, California. NOW,THEREFORE,if the Principal shall not withdraw said bid within thirty(30)days after the opening of same, and shall,within fifteen(15) days after the agreement has been presented to . him for execution,enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties,or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen,or in the event of the withdrawal of said bid within the periods specified,or the failure to enter into said contract and give said bond within the time specified,if the Principal shall within sixty(60)days after request by the City,pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former,then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. BB-1 IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this 25TH day of AUGUST 2009,the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses(If Individual) KEC ENGINEERING PRINCIPAL BY: TitIe:TFKt.TR R. CARD, SECRETARY/�RrASLM ATTEST(If Corporation) Corporate Seal SAFECO INSURANCE COMPANY OF AMERICA SURETY ATTEST BY. gaJL DENISE BENNETT Title: ATTORNEY-IN-FACT Title APPROVED AS TO FORM: Omar Sandoval,City Attorney BB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of RIVERSIDE Jy On SEPTEMBER 2, 2009 before me, DEBRA ANN SMITH / NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared LESLIE R. CARD NameV of Signer(11 who proved to me on the basis of satisfactory evidence to be the person( whose name($) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisAieh4heir authorized capacity(iee), and that by his/+Nr,4helr signature on the instrument the person(?), or the entity upon behalf of which the personyo acted, executed the instrument. DEBRA ANN S MM I certify under PENALTY OF PERJURY under the laws Ca^mWlm# 1692301 of the State of California that the foregoing paragraph is C true and correct. Wfiferlill61MV COMM Ewplrft Ocf 5.201 WITNE my han and officials I. Signature Place Notary Seal Above Signature of Notary Pub' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND / SAN JUAN CAPRISTRANO Document Date: AUGUST 25, 2009 Number of Pages: 2 Signer(s)Other Than Named Above: DENISE BENNETT Capacity(ies) Claimed by Signer(s) Signer's Name: LESLIE R. CARD Signer's Name: DENISE BENNETT ❑ Individual ❑ Individual N$ Corporate Officer—Title(s): $FC, / TRFA ❑ Corporate Officer—Title(s): IJ Partner—❑ Limited C GeneralEl ❑ ElPartner— Limited General _ _ Attorney in Fact • XX Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here I l Guardian or Conservator ❑Guardian or Conservator L Other: ❑Other: Signer Is Representing: Signer Is Representing: KEC ENGINEERING SAFECO INSURANCE 02007 National Notary Asseendon•9350 De Soto Ave.,PO.Box 2402-ChatswortI 91313-2402•waw.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 25, 2009 before me, J. K. Cunningham Notary Personally appeared Denise Bennett Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their-authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of J.OK.CUNNINGHAM } The State of California that the foregoing paragraph is true CMM.t 1855523 and correct. NOTARY PUBLIC CALIFORNIAH-1 3 ORAWIECOUNTY ti My 00m.9*1res June 26,2013 t WITNESS my hand and official seal. Signature �' K Signature of Notary Public OPTIONAL Capacity(ies)Claimed by Signer(s) ❑ Individual ❑ Partner ❑ Limited ❑ General ® Attomey-in-Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing: SAFECO INSURANCE COMPANY OF AMERICA Safeco Insurance Company of America General Insurance Company of America LIUCYt- POWER 10014th Avenue Mutual OF ATTORNEY Seises 11700 98154 KNOW ALL BY THESE PRESENTS: No. 9223 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint *'*'DENISE BENNETT;JUDITH K CUNNINGHAM;JOHN M.GARRETT;CHARISE MAY,STEVEN C.MOSIER, ERIKA A.NICHOLAS;Irvine,California its true and lawful attomey(s}in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day Of March 2009 Dexter R.Leas.Sscmtery Timothy A.Mikolekwsk6 Via President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 aftomeys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such Instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting cut, (I) The provisions of Article V,Section 13 of the By-Laws,and (it) A copy of the power-ofattoney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-allomey appointment Is in full force and effect, the signature of the certifying officer may be by facsimile,and the seat of the Company may be a facsimile thereof." 1,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are stilt in full farce and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seat of said corporation this 25TH day of AUGUST 2009 �1TrEice OMpw SEAL SEALa Dx* �' 1 I Dexter R.Legg,Secretary a S-0974/DS 3109 WEB PDF Bid Opening Report Bids Opened August 27, 2009 at 3:00 p.m. Project Title Hydraulic Capacity Project No. 2 Project Engineer Khoon Tan, Assoc Eng Pre Bid Estimate $972,145.00 Bidder Bid Amount Bid Bond/Addeo a,? 1. Atlas Allied, Inc $ qq - 2. KZC Construction, Inc 1 $ _] O V / 3 3. SRD Engineering Inc � _ EXE 4. Doty Bros. Equipment Company pr� 7 ��/ $ dc 6.5. Bali Construction, Inc pc�� C/p p 0 6. Boudreau Pipeline 1 7. KEC Engineering 8. Garcia Juarez Constrluction Inc ��Uw _ � l �l JnGa� i i Sign I J� Date cc: City Clerk Staff(3) Project Department(3) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. • • 10/6/2009 AGENDA REPORT D10 TO: Joe Tait, Interim City Manage FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Contract for City Sewer Hydraulic Capacity Project No. 2 and Approval of Personal Services Agreement for Construction Support Services with Lawson & Associates Geotechnical Consulting, Inc., and Hall & Foreman, Inc. (CIP No. 07704) (KEC Engineering, Inc.) RECOMMENDATION By motion, 1. Award the contract for the City Sewer Hydraulic Capacity Project No. 2 (CIP No. 07704) to the lowest responsible bidder, KEC Engineering, Inc., in the amount of $721,453, and reject all other bids; and, 2. Approve Personal Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., and Hall & Foreman, Inc., for construction support services in the total amount of$22,690 and authorize the City Manager to execute the agreements. SITUATION A. Summary and Recommendation Staff is recommending that the City Council award the contract to the lowest responsible bidder, KEC Engineering, Inc., in the amount of $721,453. Staff is also recommending the approval of a Personal Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., and Hall & Foreman, Inc. for construction support services in the amounts of $11,170 and $11,520 respectively. B. Background On September 6, 2005, the City Council approved a Personal Services Agreement with Hall & Foreman (HFI) to prepare plans and specifications for City Sewer Hydraulic Capacity Project No. 2 in the amount of $55,565. Hydraulic Capacity Project No. 2 includes the construction of a 24" PVC trunk line sewer to address the hydraulic capacity deficiency of an existing 21" diameter trunk sewer, Agenda Report • • October 6, 2009 Page 2 which runs at the back of the San Juan Creek levee. This project is part of the Sanitary Sewer Master Plan & Rehabilitation Program to upgrade hydraulically deficient lines as well as maintenance of the City's existing sewer infrastructure. The existing 21" diameter sewer which was constructed in the 1960's will be retained in service. On July 21, 2009, City Council approved the project's Plans and Specifications, and authorized Staff to receive bids. Bids were received and opened on August 27, 2009, for the Sewer Hydraulic Capacity Project No. 4 (CIP No. 07702). Bids are valid until November 25, 2009, a period of ninety (90) days from the opening date. Bids were received as follows: Contractor Name Bid Amount Bid Alternate Total Amount KEC Engineering, Inc. $ 701,453 $ 20,000 $ 721,453 Garcia Juarez Construction, Inc. $ 728,910 $ 50,000 $ 778,910 SRD Engineering, Inc. $ 737,552 $ 67,000 $ 804,552 KZC Construction, Inc. $ 839,160 $ 70,000 $ 909,160 Boudreau Pipeline $ 901,805 $ 13,000 $ 914,805 Atlas-Allied, Inc. $ 948,775 $ 148,000 $1,096,775 Bali Construction, Inc. $1,211,086 $ 129,888 $1,340,974 Doty Brothers Equipment Co. $1,521,147 $ 175,000 $1,696,147 The alternate bid item is included as part of the total contract amount in the event that sewer construction necessitates dewatering operations. KEC Engineering, Inc., did not list any subcontractors as part of their bid. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS Funding of $55,000 for design (FY 2005-2006) and $1,435,000 (FY 2006-2007) for construction is provided in account No. 50-00000-XXXXX-07702-000 from the Sewer Capital Improvement Fund. The overall project budget currently stands at approximately $1,410,402.73 (as of August 31, 2009) and is sufficient to cover the cost of construction ($721,453) and construction support services ($22,690) totaling $744,143. NOTIFICATION Leslie R. Card, KEC Engineering, Inc. Jim Jackson, Garcia Juarez Construction, Inc. Agenda Report • • October 6, 2009 Page 3 Scott Denton, SRD Engineering, Inc. Kelly Cornish, KZC Construction, Inc. Alan Boudreau, Boudreau Pipeline Eva Siciliani, Atlas Allied, Inc. Bruced Flatt, Bali Construction, Inc. Chris Christy, Doty Bros. Equipment Company Gavin Powell, Hall & Foreman, Inc. James Thomasson, Lawson & Associates Geotechnical Consulting, Inc. Penny Lew, Orange County Public Works Tim Nguyen, Orange County Public Works Meynardo Sanchez, Orange County Public Works RECOMMENDATION By motion, 1. Award the contract for the City Sewer Hydraulic Capacity Project No. 2 (CIP No. 07704) to the lowest responsible bidder, KEC Engineering, Inc., in the amount of $721,453, and reject all other bids; and, 2. Approve Personal .Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., and Hall & Foreman, Inc., for construction support services in the total amount of$22,690 and authorize the City Manger to execute the agreements. Respectfully submitted: Prepared by: Nasser Abbaszadeh, P.E. Khoon Tan, P.E. Public Works Director Associate Engineer Attachment(s): 1. Location Map 2. Personal Services Agreements (Lawson &Associates Geotechnical Consulting, Inc., and Hall & Foreman, Inc.) 3. Contract (KEC Engineering, Inc.) THE CITY OF %' SAN JUAN CAPISTRANO d N r S x SEWER HYDRAULIC CAPACITY d - y PROJECT NO. 2 g (CIP NO. 07704) 7-7-77, , $ y^' P y � i f V � z; a L �y,�� , `fir � yY/✓/�� -+� � W "w oei _ 2t, d... q. a L Alipaz Street—Camino Del Avion to Mariner Drive ,;T v -� 3000 0 6000 eaao Feet ATTACHMENT 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 6th day of October, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Hall & Foreman, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to provide construction support services for the City's Sewer Hydraulic Capacity Project No. 2 (CIP 07704); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "1-A", attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "1-A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Eleven Thousand Five Hundred and Twenty Dollars ($11,520) as set forth in Exhibit "1-A", attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 ATTACHMENT 2 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City,the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 0 0 Section 9. Compliance with Law; E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/employerregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one(1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. 3 0 0 Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and underforms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 4 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work underthis Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30)days'written notice is given to City, except that ten (10)days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. 5 0 Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. To Consultant: Hall & Foreman, Inc. Three Better World Circle, Suite 100 Temecula, CA 92590 Attn: Jon Bourgeois, P.E. Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 6 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: loe Ya' , Interim City Manager CONSULTANT By: Jourg o s, P.E. Ilk II & Foreman, Inc. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: a5mWarSai*oval., City Atto ney 7 i EXHIBIT " 1 -A" • Engineering • Planning • Surveying September 9, 2009 TT.060022.1000 Khoon Tan, P.E. City of San Juan Capistrano Engineering& Building Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6353 (949) 493-1251 Re: Hydraulic Capacity Project No.2—Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street Standard Form of Agreement for Construction Support Services Dear Mr. Tan: We are pleascd to respond to your Request for Proposal to provide Construction Support Services for the Hydraulic Capacity Project No. 2 —Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street project. In that regard, please find enclosed our Standard Form of Agreement for your review. We trust you will find the Scope of Services comprehensive and related Fee acceptable. We understand the City may have their own forms for entering into a final contract. However, the enclosed documents can be used to evaluate the proposed Scope of Services and related Fee. Thank you for the opportunity to be of continued service on your project. Should you have any questions, please call me at (951) 294-9346. Sincerely, Hall & Foreman, Inc. Gavin Powell,P.E., LEED AP Project Manager/Associate Temecula Division S:\06022\Admin\Contracts\TT.060022.]000 090909.doc 0 STANDARD FORM OF AGREEMENT TT.060022.1000 BETWEEN CLIENT AND HALL & FOREMAN, INC. AGREEMENT entered into at Temecula, California made this the 91 day of September, 2009 by and between Hall & Foreman, Inc., located at Three BetterWorld Circle, Suite 100, Temecula, California 92590, Phone 951-294-9300, Fax 951-294-9301, hereinafter referred to as Consultant; and the City of San Juan Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano, California 92675, Phone 949-493-1171, Fax 949-493-1053 hereinafter referred to as Client or City. Client and Consultant agree as follows: Client intends to perform Construction Support Services for the Hydraulic Capacity Project No. 2—Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street., in the City of San Juan Capistrano, hereinafter referred to as Project. • Reference is made to Exhibit "A", Standard Provisions of Agreement Between Client and Hall & Foreman Inc., made a part hereof. • Consultant agrees to perform the tasks outlined in Exhibit`B", Scope of Services. • Reference is made to Exhibit "C", Data and Assumptions, made a part hereof • Client agrees to compensate Consultant for such services as set forth in Exhibit"D", Fee and Payment Schedule. • Reference is made to Exhibit "E", Schedule of Hourly Billing Rates, made a part hereof. • Reference is made to Exhibit "F", CADD Products,made a part hereof. • This Agreement is voidable at the option of Consultant if not executed and returned to Consultant within thirty (30) days of the date prepared. IN WITNESS HEREOF, the parties hereby execute this Agreement upon the terms and conditions contained herein and on the date and year herein indicated: Hall & Foreman, Inc. City of San Juan Capistrano By: By: Name: Name: Title: Title: Date: Date: Federal Tax I.D. 4 S:\(16022\Admin\Contracts\TT.060022.1000 090909.doc Initial EXHIBIT "A" STANDARD PROVISIONS OF AGREEIRNT BETWEEN CLIENT AND HALL & FOREMAN, INC. Client and Consultant agree the following provisions are part of their Agreement: 1. Consultant Responsibilities: Consultant shall perform its services in accordance with generally accepted standards of professional practice in Southern California in effect at the time of performance. Consultant makes no warranty, either express or implied, as to its findings, recommendations, plans, specifications, surveys, or professional advice. Consultant's services will be performed for the benefit of Client and not for any third-party beneficiary. Consultant is an independent contractor and not an employee of Client. 2. Insurance: Consultant shall obtain and maintain in full force, at its own expense, from insurers with a Best's rating of at least A-:IX, the following insurance coverage in not less than the following amounts: (i) Workers' Compensation covering all of Consultant's employees performing services under this Agreement in the amount required by applicable law; (ii) Commercial General Liability in the amount of$1,000,000 per occurrence and $2,000,000 aggregate; (iii)Automobile Liability in the amount of$1,000,000 combined single limit; (iv) Umbrella Liability, covering claims in excess of the limits of General Liability and Automobile Liability, in the amount of$1,000,000 per occurrence and aggregate; and(v)Professional Liability in the amount of$2,000,000 per claim and aggregate. If requested by Client, Consultant shall provide certificates of insurance providing thirty days written notice to Client of cancellation, except for nonpayment of premium for which ten days will be provided to Client. 3. Indemnification: Each party shall hold harmless and indemnify the other party from and against liability arising from the indemnifying party's negligent acts, errors, or omissions. If other parties are liable in addition to the indemnifying party, the indemnifying party shall pay only an amount proportional to its degree of culpability. 4. Documents: All of Consultant's plans, specifications, surveys, and other documents prepared under this Agreement are instruments of service. Consultant grants ownership to Client of its plans, specifications, surveys, and other documents prepared under this Agreement,provided Client has paid Consultant all amounts to which the Consultant is entitled. Consultant shall not be liable for the use of its plans, specifications, surveys, and other documents on a project other than that for which they were prepared. 5. Exclusions from Service: Consultant is not responsible for the detection, presence, handling, removal, abatement, or disposal of asbestos or hazardous or toxic substances, products or materials. The Consultant is not responsible for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, since these are solely the construction contractor's rights and responsibilities. If Consultant is requested to review anything from a construction contractor or supplier, the review is for the limited purpose of checking for conformance with information given and the design concept expressed in the construction documents, and not for the purpose of determining accuracy or completeness or safety precautions, all of which remain the construction contractor's responsibility. Consultant does not perform geotechnical services and is not responsible for soils or geological conditions. S:\06022\Admin\Contrxts\TT.060022.1000 090909.doc Initial • EXHIBIT "A" • STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND HALL & FOREMAN, INC. 6. Cost Estimates: Since the Consultant has no control over the cost of labor, materials or equipment, over the construction contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions, the Consultant cannot and does not warrant or represent that bids will not vary from any estimates of construction cost. 7. Delays: Consultant is not responsible for delay caused by activities or factors beyond Consultant's reasonable control, including but not limited to strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to famish timely information or promptly approve or disapprove of Consultant's services or instruments of service, or faulty performance or delay by Client, contractors,or government agencies. 8. Suspension of Services: Client may suspend the Consultant's performance of services by written notice to Consultant,provided Client pays Consultant for all services performed prior to the effective date of suspension. Consultant may suspend its services if Client fails to pay undisputed amounts of Consultant's invoices within sixty days of receipt of invoice or if Client files or has filed against it a petition under the Bankruptcy Code. The Client and Consultant will re-negotiate the fee if the period of suspension exceeds ninety days. 9. Termination of Services: Client may terminate this Agreement by written notice to Consultant, provided Client pays Consultant for all services performed prior to the effective date of termination. Consultant may terminate this Agreement upon ten days notice of breach by Client, including nonpayment of undisputed fees, provided Client does not cure such breach within ten days of notice of breach. Client shall pay Consultant for all services performed prior to the effective date of termination. 10. Assignment: Neither parry may assign this Agreement without the prior written consent of the other. 11. Limitation of Liability: To the maximum extent permitted by law, Client agrees to limit the total liability of Consultant and its principals, officers, and employees to $50,000 or Consultant's fee, whichever is greater. It is intended that this linutation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 12. Consequential Damages Waiver. Each party waives consequential damages for claims, disputes or other matters in question arising out of or related to this Agreement. 13. General: This Agreement contains the entire agreement between Client and Consultant relating to Project, and all prior agreements have no force or effect. This Agreement may be modified only by a writing signed by both Client and Consultant. This Agreement shall be binding upon the successors and assigns of Client and Consultant. Client's or Consultant's waiver of any right it has under this Agreement shall not constitute a waiver of any other right. This Agreement shall be governed by and construed in accordance with California law. If any provision of this Agreement is determined invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall be binding on Client and Consultant. S.'.0602ZAdmin\Contracts\TT.060022,1000 090909.doc Initial EXHIBIT "B" SCOPE OF SERVICES Consultant agrees to perform and furnish the following services: (Note: The numbers in parenthesis, e.g., (070)refer to Hall&Foreman, Inc.'s internal service codes.) No. Task Description Fee 1. Attend Pre-Construction Meeting (721). This Agreement is based on $660 attending one (1) meeting, including preparation and travel time. Additional meetings will be invoiced as "Additional Services" in accordance with the Schedule of Hourly Billing Rates, Exhibit "E", after approval from the City. 2. Provide Plan Clarification/Request for Information/Submittal Review $3,300 (723)as requested by City. This portion of the Agreement is based upon an estimate of twenty (20) man-hours of service including coordination with City and other consultants, review and addenda preparation. Additional hours will be invoiced in accordance with the Schedule of Hourly Billing Rates, Exhibit"E", after approval from the City. Plan revisions resulting from conditions revealed during construction are s ecifically excluded from these services. 3. Provide Construction Observation/Attend Site Meetings (727) $3,960 consisting of general observation of works being constructed, and advise the City of same. This specifically does not constitute inspection. Construction observations shall be made at the request of the City. This portion of the Agreement is based upon making six (6) site visits during the life of the Project. An estimate of twenty-four (24) man-hours of observations/meetings and/or telephone conference calls with City and other consultants, including preparation time, travel time, and time to resolve plan conflicts that can reasonably be anticipated for a project of this nature is included with this portion of the Agreement. Additional hours will be invoiced in accordance with the Schedule of Hourly Billing Rates,Exhibit"E", after approval from the City. 4. Prepare As-Built/Record Drawings (728) at Project completion. Record $3,000 drawings will be revised based on Inspector's prints received by Consultant from the City. Alignment changes or plan revisions resulting from conditions revealed during construction are specifically excluded from these services. Permits will be closed by the City. This portion of the Agreement is based upon an estimate of twenty (20) man-hours of service to prepare As-Built/Record Drawings. Additional hours will be invoiced in accordance with the Schedule of Hourly Billing Rates, Exhibit"E", after approval from the City. 5. Direct Costs to include governmental fees, reproduction costs, plotter $600 costs, automobile mileage, and delivery or messenger services incurred on the City's behalf. Total of to Exceed Fee $11,520 S\06022\Admin\Contracts\Tr.060022,1000 090909.doc Initial EXHIBIT "C" DATA AND ASSUMPTIONS Consultant intends to provide support to the Client for bidding and construction phase services to facilitate construction of Hydraulic Capacity Project No. 2—Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street in the City of San Juan Capistrano, County of Orange, California. This Agreement has been prepared based upon normal construction procedures, as well as specific discussions between representatives of both parties. The Scope of Service (Exhibit "B") specifically states those services to be performed, subject to the following Data and Assumptions: 1. This Agreement is based upon the City approved Plans, Specifications and Contract Documents for Hydraulic Capacity Project No. 2—Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street as prepared by Consultant. 2. Consultant will not be responsible for supervision and/or inspection of construction. 3. Finalization of all permits, plan revisions, and redesign due to unforeseen conditions is specifically excluded from these Scope of Services. 4. Those items of work not specifically addressed in the Data and Assumptions and Scope of Services shall not be considered a part thereof, and shall be considered as "Additional Services", and shall be subject to negotiation. SA06022\Admin\Cont,xtffT 060022.1 000 090909.doc Initial 0 • EXHIBIT "D" FEE AND PAYMENT SCHEDULE Client agrees to compensate Consultant for those services specified in Exhibit `B", Scope of Services, on an hourly basis in accordance with Exhibit"E", Schedule of Hourly Billing Rates, with a maximum fee not to exceed $11,520. Client shall be billed monthly as the work progresses. Invoices shall be considered due and payable upon presentation. Parties agree that the Schedule of Hourly Billing Rates, Exhibit"E", as stated herein, are effective from the date of this Agreement through December of 2010. It is Consultant's policy to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and understood that all invoices will be considered delinquent thirty (30) days after invoice date. If invoice remains unpaid on the thirty-first(31 st) day after invoice date, a late fee in the form of 10 percent interest per annum will begin accruing, and Consultant will notify Client of its intent to stop work on this project. Ninety (90) days after invoice date Consultant will lien the property. The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee stated herein, and shall be the full responsibility of the Client. MISCELLANEOUS FEES Client shall pay the cost, plus fifteen percent (15%), for any applicable governmental fees, title company charges, well monuments, outside vendor reproduction.costs, in-house reproduction costs, plotter costs, automobile mileage, and delivery or messenger services incurred on Client's behalf. If requested, Consultant will provide a computer printout which details these costs. Consultant does not typically provide any additional back-up for these expenses as part of said fee. Miscellaneous fees are included in the not to exceed fee stated above. Miscellaneous fees shall be billed monthly, as they are incurred. Invoices shall be considered due and payable upon presentation. S:\06022VAdmin%Contracts\TT.060022.1000 090909.doc Initial EXHIBIT "E" SCHEDULE OF HOURLY BILLING RATES Effective November 1,2007 OFFICE: Principal $195.00/Hour Project Management(VP/Sr.Proj.Dir./Proj. Dir./Proj. &Survey Mgr) $165.00/Hour Senior Engr./Proj. Eng./Proj. Surveyor/Sr. Designer/Principal Planner $135.00/Hour Staff Engineer $I 15.00/Hour Designer/Assist. Proj. Mgr/Planner/Survey Analyst $105.00/Hour Drafter/CADD Technician/Senior Analyst $ 95.00/Hour Project Assistant/Expeditor/Assist. Engineer $ 80.00/Hour Administrative $ 65.00/Hour Expert Witness/Litigation Consultation S300.00/Hour FIELD SURVEY: 3-Person Survey Crew $245.00/Hour 2-Person Survey Crew $200.00/Hour 1-Person Survey Crew $150.00/Hour 2-Person High Definition Survey Crew $360.00/Hour CONSTRUCTION: Resident Engineer $115.00/Hour Inspector $105.00/Hour Note 1: Client shall pay the cost, plus 15%, for any applicable governmental fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, plotting costs, mileage,and delivery or messenger services incurred on Client's behalf. If requested, }IFI will provide a computer printout, which details these costs.HFI does not typically provide any additional back up for these generally nominal expenses as part of our fee. Note 2: In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or increase in the cost of livin% during the lifetime of this agreement, a percentage increase shall be applied to all remaining fees and charges to reflect the increased costs. Note 3: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state,or federal authority,upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein,and shall be the full responsibility of the Client. ,9\06022�Admin\Contracts\TT.060022.1000 090909.doc Initial EXHIBIT "F" CADD PRODUCTS Products produced on CADD and provided to the Client or Agents of Client on electronic media are for support purposes only. Signed and sealed copies of original maps and plans shall be considered the "record" documents. Any use or reuse of original or altered CARD design materials by Client, agents of Client, or other parties without the prior review and written approval of Consultant shall be at the sole risk of Client. Further, Client agrees to defend, indemnify, and hold Consultant harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the unauthorized use, re-use, or modification of these materials. Client recognizes that designs,plans, and data stored on electronic media including, but not limited to, computer disks,or magnetic tapes and compact disks, may be subject to unauthorized use, misuse and uncontrollable deterioration. Upon document approval, Consultant shall submit to Client any deliverables which have been contractually agreed to on electronic media. Client shall have 30 days to inspect such deliverables and notify Consultant of any irregularities in the deliverables. Consultant will correct any such irregularities detected by Client in order to complete the design in accordance with the intent of the Agreement and specifications. At the end of said 30-day inspection period, Consultant shall submit a final set of sealed documents, and any additional services to be performed by Consultant relative to the submitted electronic materials shall be considered Additional Work, and shall be approved by Client prior to commencing such effort. CADD submittals to or on behalf of Client will be prepared using AutoCAD/Land Development Desktop formats on a Windows environment, and shall be considered within the Scope of Services of the Agreement. Submittals in other formats and/or other computer environments, and the work-effort related thereto, shall be considered Additional Work, and shall be approved by Client prior to commencing such effort. S'106022W.dmin\Contracts7T 060022-1000 090909.doc Initial 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 6th day of October, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the"City") and Lawson &Associates Geotechnical Consulting, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to provide construction support services for the City's Sewer Hydraulic Capacity Project No. 2 (CIP 07704); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, Gity and Consultant mutuallyagree as follows:. Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit"A", attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Eleven Thousand One Hundred and Seventy Dollars ($11,170) asset forth in Exhibit"A", attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 • 0 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity-to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 Section 9. Compliance with Law: E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant shall certify its registration with E-Verify and-provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. 3 0 0 Section 13. Indemnity. To the fullest extent permitted bylaw, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/orwrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be providedbyConsultant„ Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 4 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain•no special limitations-on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not.less than One Million Dollars($1 ,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30)days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written"Notice to Proceed"verifying that Consultant has complied with all insurance requirements of this Agreement. 5 • Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as maybe designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano.- 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. To Consultant: Lawson & Associates Geotechnical Consulting, Inc. 1319 Calle Avanzado San Clemente, CA 92673 Attn: James Thomasson Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 6 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Ut, Interim City Manager CONSULTANT By: Lawson.&.Associates, Inc,, ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: fim1T1IA'.(6V' P - Omar a ova ,'CIfy Attorney 7 EXHIBIT "A" 103 Lawson $Associates Geotechnical Consulting, Inc. August 27,2009 Project No. 091072-01 Mr. Khoon Tan City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject. Proposal to Provide Geotechnical Observation and Testing Services during Trunk Line Sewer and Storm Drain Construction, Alipaz Street and Camino Del Anion, City of San Juan Capistrano, California Introduction Lawson & Associates Geotechnical Consulting, Inc. (LGC) is pleased to submit this proposal and cost estimate to provide geotechnical observation and testing services during construction of the proposed trunk line sewer and storm drain along Alipaz Street and Camino Del Avion in the City of San Juan Capistrano, California. Based upon our review of the construction plans prepared by Hall & Foreman, Inc., we understand that that the project will include the construction of approximately 2,400 feet of sewer along Alipaz Street, and approximately 110 feet of storm drain along Camino Del Avion. The average depth of the sewer line is approximately 16 feet below the existing ground surface and the average depth of the storm drain line is approximately 4 feet below the existing ground surface. An anticipated construction schedule was not available at the time this proposal was prepared. The purpose of our geotechnical services during construction will be to provide observation and testing of the sewer and storm drain excavation bottom and backfill, and paving. Our services will also include laboratory testing of the encountered soil material for maximum dry density and optimum moisture content. Scone of Geotechnical Services Services provided during construction of the sewer and storm drain lines will include the following: • Familiarization with the Specifications and Contract Documents package (including current geotechnical report) for the subject site,provided by you. • Observation and testing of excavation bottoms and subsequent trench backfill operations. Our field representatives will be on site on a part-time, on-call basis. • Laboratory testing during construction, including maximum dry density and optimum moisture content. • Observation and testing of asphalt paving upon completion of trench backfill operations. Our field representatives will be on site on a full-time basis during paving operations. 1319 Calle Avanzado.San Clemente.CA 92673-6351 •(949) 369-6141 • Fax(949) 369-6142 0 0 Preparation of one "As-Built' geotechnical report at the conclusion of construction. Information contained in this report will include a summary and description of our observations, field and laboratory test results, and the geotechnical conditions encountered during construction operations at the site. Note: Our services will only address the geotechnical issues associated with the site and will not address any environmental issues. Cost Estimate Our cost estimate is based upon information provided by you. Since no construction schedule was available at this time, we have estimated a construction duration based on our experience with similar projects. We anticipate that each working day will be comprised of four hours for the part-time portion of the construction, and 8 hours for the full-time portion of the construction. Task Estimated Rate Total Hours • Observation and testing during sewer excavation&backfill 40 S95 S 3,800.00 - Assume 10 working days to complete @ 4 hours per da • Observation and testing during storm drain excavation&backfill 12 $95 $ 1,140.00 - Assume 3 working days to complete @ 4 hours per da • Observation and testing during paving - Assume 3 workingdays to complete 8 hours per day24 $95 $ 2,280.00 • Laboratory testing (max density&opt. moisture) N/A $150 $ 450.00 - Assume 3 tests for entire ro'ect • Project coordination&preparation of final geotechnical report N/A N/A S 3,500.00 TOTAL: $11,170.00 We propose to perform the above-listed geotechnical services on a time-and-materials basis in accordance with our attached 2007 Professional Fee Schedule for an estimated amount of Eleven Thousand One Hundred Seventy Dollars ($11,170.00). Our fees are based upon our estimation of the geotechnical services needed for project completion. Fees for field observations and field density testing may be subject to change due to factors beyond our control including (but not limited to) contractor schedule, governmental agency requirements, weather conditions, and type of material used for backfill. Assumptions Please note that the following assumptions have been made in preparation of this proposal and cost estimate: 1. The estimate above is based on an assumed number of days it will take for the contractor to complete each phase of the project and is highly dependant on the type of equipment and method of backfilling used. If the construction schedule varies from the duration estimated above, our fees are subject to modification as required; 2. Contractor will provide shoring and other necessary means of protection, as required, when entry to the sewer trench is required for observation and testing; 3. Contractor may not proceed with pipe placement until the bottom of the excavation has been approved by our field representative; and Project No. 091072-01 Page 2 August 27, 2009 0 0 4. Construction operations will be performed during normal working hours, Monday through Friday, between 7:00 am to 4:00 pm. Our cost estimate does not included fees for overtime work (more than 8 hours per day)or for work performed on weekends and holidays. Our fees and scope of services shall be adjusted accordingly if any of the above assumptions are invalid for the proposed project. Closure Our geotechnical services will be performed to the general standard of care of geotechnical consulting in Southern California; no other warranty is expressed or implied. If this proposed meets with your approval, please provide us with the necessary work authorization. We will be prepared to start work upon signing a mutually agreeable contract. The opportunity of submitting this proposal is sincerely appreciated. If you should have any questions,please do not hesitate to contact our office. Sincerely, LAWSON&ASSOCIATES GEOTECHNICAL CONSULTING,INC James Thomasson Project Manager JRT/DJB/sec Attachment: 2007 Professional Fee Schedule Distribution: (2) Addressee Project No. 091072-01 Page 3 August 27, 2009 0 0 2007 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES Professional Billing Rate(per hour) WordProcessing ..................................................................................................................................... $ 45.00 TechnicianI................................................................................................................................................. 60.00 CADOperator............................................................................................................................................. 65.00 SeniorField Technician..............................................................................................................................85.00 Technician/Senior Technician Prevailing Wage......................................................................................... 85.00 StaffEngineer/Geologist.............................................................................................................................. 85.00 Senior Staff Engineer/Geologist/Scientist ................................................................................................ 100.00 Field Supervisor/Operations Manager .................................................... ................................................. 105.00 ProjectEngineer/Geologist ....................................................................................................................... 110.00 Associate Engineer/Geologist................................................................................................................... 130.00 Principal Engineer/Geologist.................................................................................................................... 170.00 Eneineerine Equipment VehicleUsage ...........................................................................................................................$ 10.00/per hour Tiltmeter, Inclinometer Vibration Monitor.................................................................................... 60.00/per day NuclearSoil Gauge........................................................................................................................ 75.00/per day WaterLevel Sounder...................................................................................................................... 50.00/per day Portable Generator.......................................................................................................................... 50.00/per day Manometer..................................................................................................................................... 50.00/per day Other Monitoring Equipment.........................................................................................................Upon Request Terms and Conditions Expert witness testimony, depositions, or mediation conferences, will be billed at 2.0 tunes the basic billing rate,portal to portal. All geologists, engineers, and technicians will be billed at time-and-a-half for overtime. Invoices are rendered monthly,payable upon receipt. A retainer of 50 percent of the fee is required for projects with a total estimated fee of$5,000.00 or less. The balance is due upon report delivery. Proposals are valid for 30 days,unless otherwise stated. Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost, plus 20 percent, unless billed directly to, and paid by the Client. 30 percent of the fee for field studies will be invoiced immediately upon authorization to cover equipment and mobilization costs. Client agrees to provide all information in Client's possession about the actual or possible presence of buried utilities and hazardous materials on the site, and agrees to reimburse LGC for all costs related to their unanticipated discovery. Laboratory Charges Test Rate MoistureContent.................................................................................................................................... $ 10.00 Moisture and Density(ring samples)..........................................................................................................20.00 Moisture and Density shelb tube ............................ 60.00 Maximum Dry Density(optimum moisture content)................................................................................ 150.00 MaximumDensity Checkpoint................................................................................................................... 75.00 Specific Gravity- Fine Aggregate.............................................................................................................. 85.00 SpecificGravity- Coarse Aggregate.......................................................................................................... 80.00 SieveAnalysis............................................................................................................................................. 70.00 HydrometerAnalysis................................................................................................................................. 105.00 Sieve and Hydrometer Analysis................................................................................................................ 150.00 PercentPassing No. 200 Sieve....................................................................................................................55.00 Liquid Limit and Plastic Limit.................................................................................................................. 115.00 Liquid Limit-Non Plastic(1 pt).................................................................................................................80.00 SandEquivalent........................................................................................................................................... 80.00 ExpansionIndex........................................................................................................................................ 145.00 Direct Shear(shear rate of 0.05 in./min.)..................................................................................................250.00 Direct Shear(shear rate of lower than 0.05 in./min.)................................................................................290.00 SinglePoint Shear....................................................................................................................................... 90.00 Consolidation(w/o time rate).................................................................................................................... 185.00 w/time rate, add (per increment)..........................................................................................................45.00 w/extra load, add (per load).................................................................................................................40.00 CollapseTest............................................................................................................................................. 100.00 R-Value (untreated)...................................................................................................................................275.00 R-Value (treated).......................................................................................................................................300.00 CBR(untreated)per point......................................................................................................................... 175.00 SulfateContent............................................................................................................................................50.00 ChlorideContent......................................................................................................................................... 50.00 pHand Resistivity .................................................................................................................................... 175.00 Caltrans216 Compaction..........................................................................................................................200.00 Triaxial testing, residual shear testing, permeability, abrasion, and special testing will be charged at hourly rates. Materials testing fees and additional laboratory testing fees will be provided upon request. Laboratory samples will be retained for 60 days. A monthly storage fee of$3.00 per bag/$1.00 per ring will he assessed if longer storage is required. Weekend testing and RUSH tests may be provided to Clients upon requests and additional charges will be determined on a project-by-project basis. CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as"CITY" and KEC ENGINEERING hereinafter referred to as"CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit,the Designation of Sub-Contractors,the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds,Resolutions adopted by the CITY pertaining to the work,insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools,labor,material,equipment, transportation,and supplies necessary to perform and complete in good and workmanlike manner the construction of Hydraulic Capacity Proiect#2 Sewer Proiect and Drainage Rehabilitation in strict conformity with the Plans,Specifications and all other contract documents,which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages,and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred(500)Dollars per calendar day for each day delayed;provided that extensions of time with waiver of liquidated damages,may be granted as provided in the Specifications. ' C-1 ATTACHMENT FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract,as required by the laws of the State of California,on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%)of the amount of this contract and shall be conditioned on full and complete performance of i the contract,guaranteeing the work against faulty workmanship and materials for aperiod of one(1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent(100%)of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the prevailin rate of_per diem wages,as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him,shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of jthe contract. i SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named i i insured,which such policies shall be of an amount not less than Two Million Dollars($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one(1)year. i i C-2 CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned,hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; i $2,000,000 injury to more than one personfany one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail,return receipt requested,giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty(30)days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate i establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims,demands,loss or liability of any kind or nature which CONTRACTOR,its officers,agents and employees may sustain or incur or which maybe imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include,but are not limited to,the stipulation that eight (8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit Twenty-five Dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8)hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. i C_3 If CONTRACTOR is not already enrolled in the U.S.Department of Homeland Security's E-Verify program,CONTRACTOR shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. CONTRACTOR shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E- Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/employerregistration. CONTRACTOR shall certify its registration with E- Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano Dated: BY: MARK NIELSEN,MAYOR I BY: CO TOR, LICENSE NO.AND CLASSIFICATION KEC ENGINEERING LICENSE # 701834 / CLASS A W/HAZARD - C27 - C34 ATTEST: I Margaret R Monahan, City Clerk I PROVED AS TO FORM: Omar Sandoval, CityAttorney C-4 32400 PASCO ADF_I.ANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 �'r. SAMALLEVATO M49)493.1171 RNAIWI3 LAURAFREESE (949)493-1053FAX r 61411111100 ' t9$t THOAMSw.HRIRAR 10VIVs411ijutrywapistrano.or�, 1776 MARK NIELSEN OR LONDRES USO w NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, October 6, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of Award of Contract for City Sewer Hydraulic Capacity Project No. 2 and Approval of Personal Services Agreement for Construction Support Services with Lawson & Associates Geotechnical Consulting, Inc., and Hall & Foreman, Inc (CIP No. 07704)(KEC 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 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, October 5, 2009 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 Khoon Tan, P.E., Associate Engineer. You may contact that staff member at (949) 443-6353 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.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: citvclerkesanivancapistrano.orcl. Maria Morris Acting City Clerk cc: Leslie R. Card, KEC Engineering; Jim Jackson, Garcia Juarez Construction, Inc.; Scott Denton, SRD Engineering, Inc; Kelly Cornish, KZC Construction, Inc;Alan Boudreau, Boudreau Pipeline; Eva Siclilani, Atlas Allied, Inc.; Bruce Flatt, Bali Construction, Inc; Chris Christy, Doty Bros. Equipment Company; Gavin Powell, Hall & Foreman, Inc.; James Thomasson, Lawson &Associates Geotechnical Consulting, Inc; Penny Lew, Orange County Public Works; Tim Nguyen, Orange County Public Works;Meynardo Sanchez, Orange County Public Works Sem.litan ( etprstrwu,): Pi-eve;ving the Past to Enlitmoe the 1,nuire • �man • 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i IL�Z� (949)493.1171 SAM ALLEVATO (949)49&1053 FAX • 13� I[uNnrN LAURA FREESE OnulR[ 1961 THOMAS W.HRIBAR wwwsanjuancapistrano.oyg 1776 � MARK NIELSEN � DR.LONDRES USO TRANSMITTAL TO: Mr. Scott Pfeiffer, Executive Vice President KEC Engineering, Inc 200 North Sherman Avenue Corona, CA 92882 DATE: October 21, 2009 FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949)443-6310 RE: Contract— City Sewer Hydraulic Capacity Project No. 2 (CIP 719) Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Khoon Tan, Associate Engineer at (949) 443-6353. An original agreement is enclosed for your records. Cc: Khoon Tan, Associate Engineer A San Juan Capistrano: Preserving the Past to Enhance the Future I Pnnled on 100%wycleE paper 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /ice Lam' fs�J (949)4931171 SAM AL4EVAT0 (949)4931053 FAX t1 IRm Vautm LAURA FREESE ISIRIIISIFI 1961 THOMAS W.HRIBAR www.sanjuancapistrano.org 1776 MARK NIELSEN 00 DR.LONDRES USO October 8, 2009 Mr. Scott Pfeiffer, Executive Vice President KEC Engineering, Inc. 200 North Sherman Avenue Corona, CA 92882 RE: CITY SEWER HYDRAULIC CAPACITY PROJECT NO. 2 (CIP 719) Dear Mr. Pfeiffer: City Council has approved the consideration of award of contract for the above project on October 6, 2009 amounting to a total of$721,453 and is inclusive of the following items: 1. Base Bid Amount $ 701,453 2. Dewatering System (Bid Alternate) $ 20,000 Prior to scheduling the pre-construction meeting and issuance of the Notice to Proceed (NTP), the following documents shall be completed, notarized (where indicated), and returned to the City of San Juan Capistrano (City); 1. Two (2) copies of Performance Bond (attached) 2. Two (2) copies of Labor and Material Bond (attached) 3. Insurance Certificate (as stipulated in Contract) 4. E-Verify Certification To save on time, please contact Irene Marcote at (949) 443-6352 to arrange for an encroachment permit and haul route permit. Also note that prime contractors and designated sub-contractors (as applicable) will each require a current business license with the City. Please contact Jeanien Marsh at (949) 234-4579 for any questions in regards to business licenses. Please do not hesitate to call me at (949) 443-6353 for any other questions or if you need any additional information. Sincerely, Khoon Tan, P.E. Associate Engineer cc. Nasser Abbaszadeh, P.E. Irene Marcote Attachments San Juan Capistrano: Preserving the Past to Enhance the Future �, Pnnied on 1W%recycled paper • � Page 1 of 1 Christy Jaki ��:,(c�-, __._... - From: Christy Jakl Sent: Wednesday, October 07, 2009 12:02 PM To: Khoon Tan Subject: Agreements from 10/6 CC Mtg Hi Khoon, To follow up from last night's Council meeting, we need the following documents: - Before we can fully execute and send out KEC recently approved agreements, we need to receive all their insurance documents, bonds and E-verify per the agreements. Also, please provide the unsuccessful bids and KEC successful bids back to our office. We keep those on file here. - We need to receive updated insurance documents for Tetra Tech Inc. Their insurance we have on file expired as of 10/1/2009. Once insurance is received, we will execute the agreement and send it out. We already have their E-verify Certificate. - Hall & FormanInc and Lawson_& Associates need to provide E-verify no later than October 22, 2009 or they will be place on non-pay. All their insurance is current and will be sending out those agreements today. I think I covered everything. If I miss anything let me know and let me know if you have any questions. Thanks Khoon!! O Christ? Jakl Administrative Specialist, City Clerk's Office City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 10/7/2009 Today's Date: �I 6 `01 • TJJJansmittal Routing (Check All That Apply) City Attorney ❑ City Manager ❑ City Clerk CONTRACT TRANSMITTAL CIP No. (if any): "A'D 2 Project Manager's Last Name: —b v l Phone Extension: Council or CRA Meeting Date (if applicable): APPR VING AUTHORITY: (Check One) FMayor 0 CRA Chair lhr- City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded —only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) Names Street City St Zi OTHER INSTRUCTIONS: 7/21/2009 AGENDA REPORT D8 TO: Joe Tait, Interim City Manage` FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Approval of Plans and Specifications and Authorization to Receive Bids — City Sewer Hydraulic Capacity Project No. 2 (CIP No. 07704). RECOMMENDATION By Motion: 1. Approve the Plans and Specifications for the City Sewer Hydraulic Capacity Project No. 2 (CIP No. 07704); and, 2. Authorize Staff to solicit and receive bids. SITUATION A. Summary and Recommendation Plans and Specifications for the City Sewer Hydraulic Capacity Project No. 2, Trunk Line Sewer Construction from Mariner's Drive to Alipaz Street, and Drainage Rehabilitation at Camino Del Avion and Alipaz Street have been prepared. A copy of the Plans and Specifications is available for review in the City Clerk's office. A copy has also been placed in the City Council office. Staff recommends approval of the plans and specifications to receive construction bids. B. Background On September 6, 2005, the City Council approved a Personal Services Agreement with Hall & Foreman (HFI) to prepare plans and specifications for City Sewer Hydraulic Capacity Project No. 2 in the amount of $55,565. Hydraulic Capacity Project No. 2 includes the construction of a 24" PVC trunk line sewer to address the hydraulic capacity deficiency of an existing 21" diameter trunk sewer, which runs at the back of the San Juan Creek levee. This project is part of the Sanitary Sewer Master Plan & Rehabilitation Program to upgrade hydraulically deficient lines as well as maintenance of the City's existing sewer infrastructure. The existing 21" diameter sewer which was constructed in the 1960's will be retained in service. Agenda Report July 21, 2009 Page 2 Due to the close proximity of the City Sewer Hydraulic Capacity Project No. 2 to the County's Phase 1 San Juan Creek West Levee Protection Project currently in construction, construction of the sewer project will only commence after the completion of the County's sheet pilling project (Phase 1 only) anticipated between October 2009 and January 2010. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS Funding of $55,000 for design (FY 2005-2006) and $1,435,000 (FY 2006-2007) for construction is provided in account No. 50-00000-XXXXX-07704-000 from the Sewer Capital Improvement Fund. The overall project budget currently stands at approximately $1,343,600 (as of June 29, 2009) and is sufficient to cover the cost of construction estimated at approximately $972,145. NOTIFICATION Gavin Powell, P.E. (Hall & Foreman, Inc.) Meynardo Sanchez, P.E. (OCPW) Penny Lew, P.E. (OCPW) Agenda Report July 21, 2009 Page 3 RECOMMENDATION By Motion: 1. Approve the Plans and Specifications for the City Sewer Hydraulic Capacity Project No. 2 (CIP No. 07704); and, 2. Authorize Staff to solicit and receive bids. Respectfully submitted: Prepared by: Nasser Abbaszadeh, P.E. Khoon Tan, P.E. Public Works Director Associate Engineer Attachment 1. Location Map 2. Plans & Specifications THE CITY OF SAN JUAN CAPISTRANO { � N - A SEWER HYDRAULIC CAPACITY PROJECT NO. 2 _jj ' ` (CIP NO. 719) � 1 l b Alipaz Street—Camino Del Avion to Mariner Drive L 0 3000 6000 9000 Feet ATTACHMENT ATTACHMENT 2 Plans and Specifications are available for review in the City Clerk's office and City Council Office. 32400 PASEO AOELANTO OF THE CtTT COUNCIL SAN JUAN CAPMTRANO.CA 92675 ';.' SAMALLEVATO (949)493-1 191 kbWWO 1A RAFREESE (949)493-1089 FAX f (ow"Fl4 b 1961 THMIAS W.WWAR xnawsoryt+nrrratti rar»ro.©r;q 1776 MAW MELSEN OR LONDPCS USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, July 21, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Plans and Specifications and Authorization to Receive Bids - City Sewer Hydraulic Capacity Project No. 2 (CIP No. 07704)" — Item No. D8. 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, July 20, 2009 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 Khoon Tan, Associate Engineer. You may contact that staff member at (949) 443-6353 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanouancai)istrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk aC)sanivancapistrano.org. Meg Monahan, MMC City Clerk cc: Gavin Powell, P.E. (Hall & Foremen, Inc); Meynardo Sanchez, P.E. (OCPW); Penny Lew, P.E. (OCPW) Sara.JtarrnC:a/rrszrriner. PrCsvtwvFng iht�Putt io Enhance the f':rture • CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA lag dulum" 1961 1776 �LIfipR��Q' SPECIFICATIONS AND CONTRACT DOCUMENTS • For HYDRAULIC CAPACITY PROJECT NO. 2 -MARINER'S DRIVE TO ALIPAZ STREET AND DRAINAGE REHABILITATION AT CAMINO DEL AVION AT ALIPAZ STREET �DQ�OFESSIgya� r NO.A393-0 z xP 21s1 �T9T£ OF CAUF���\P PUBLIC WORKS DIRECTOR NASSER ABBASZADEH, P.E. • JULY 2009 Attachment 2 7/21/2009 D8 • TABLE OF CONTENTS HYDRAULIC CAPACITY PROJECT NO. 2—MARINER'S DRIVE TO ALIPAZ STREET AND DRAINAGE REHABILITATION AT CAMINO DEL AVION AT ALIPAZ STREET TITLE PAGE CONTRACT DOCUMENTS NoticeInviting Bids.........................................................................................................................1 BidProposal.....................................................................................................................................3 Scheduleof Work Items...................................................................................................................6 Non-Collusion Affidavit..................................................................................................................9 Designation of Sub-Contractors.....................................................................................................10 Instructionsto Bidders...................................................................................................................11 BidBond...................................................................................................................................BB-I PerformanceBond..................................................................................................................... PB-1 Labor& Material Bond............................................................................................................LM-1 CONTRACT • Contract........................................................................................................................................0-1 SPECIAL PROVISIONS Workto be Done................................................................................................SPA Section 1 Standard Specifications......................................................................................SPA Section 2 Terms Defined ...................................................................................................SP-3 Section 3 Flow and Acceptance of Water..........................................................................SP-3 SectionWater..................................................................................................................SP-3 Section 5 Insurance and Overhead Costs...........................................................................SP-3 Section 6 Protection of Existing Utilities ..........................................................................SP-3 Section 7 Protection of Private Property............................................................................SP-4 Section 8 Construction Zone..............................................................................................SP-4 Section 9 Pre-Construction Coordination Meeting............................................................SP-4 Section 10 Project Site Maintenance...................................................................................SP-4 Section 11 Preservation of Survey Monuments...................................................................SP-7 Section 12 Monumentation Identification............................................................................SP-8 Section 13 Project Access....................................................................................................SP-8 Section 14 OCFCD Permit...................................................................................................SP-8 Section 15 Special Provisions for the Construction of Sanitary Sewers..............................SP-8 Section 16 Indemnification..................................................................................................SP-9 • Section 17 Jobsite Safety.....................................................................................................SP-9 Section 18 Hours of Work.................................................................................................SP-10 • DETAIL SPECIFICATIONS AND METHOD OF PAYMENT Bid Item 1 Mobilization and Demobilization......................................................DS-2 Bid Item 2 Off Site Storage of Equipment and Materials....................................DS-2 Bid Item 3 Project Survey....................................................................................DS-2 Bid Item 4 Re-Establish Centerline Ties and Monuments...................................DS-3 Bid Item 5 Pothole Utility Crossing.....................................................................DS-3 Bid Item 6 Project Site Maintenance...................................................................DS-3 Bid Item 7 Remove Existing Catch Basin and Local Depression........................DS-3 Bid Item 8 Construct Inlet Type II, (W=21 LF)...................................................DS-4 Bid Item 9 Construct Local Depression...............................................................DS-4 Bid Item 10 Install 30" RCP, 1250-D....................................................................DS-4 Bid Item 1 I Install Brick and Mortar Plug.............................................................DS-4 Bid Item 12 Construct Junction Structure Type IV................................................DS-5 Bid Item 13A and 13B Install 24" PVC .................................................................................DS-5 Bid Item 14 Install 24" DIP .................................................................................DS-5 Bid Item 15 Construct 60" Sewer Manhole...........................................................DS-5 Bid Item 16 Construct 72" Sewer Manhole...........................................................DS-6 Bid Item 17 Connect to Existing Manhole and Modify Manhole Bottom.............DS-6 Bid Item 18 Install 12" x 45 Degree Vertical Bend...............................................DS-6 Bid Item 19 Install Vertical Thrust Block..............................................................DS-6 Bid Item 20 histall 12" PVC Water Main..............................................................DS-6 • Bid Item 21 Connect to Existing 12"ACP w/Flexible Transition Coupling........DS-7 Bid Item 22 Unsuitable Material............................................................................DS-7 Bid Item 23 Additional Bedding............................................................................DS-7 Bid Item 24 Install Air-Release Assembly.............................................................DS-8 Bid Item 25 Traffic Control and Public Safety......................................................DS-8 INCIDENTALS: A. Public Notification.............................................................................DS-8 B. Dust Control and Cleanup .................................................................DS-9 C. Removal and Disposal of Material ...................................................DS-9 D. Trench Shoring.................................................................................DS-10 E. Bedding and Backfill .......................................................................DS-10 F. AC Pavement Resurfacing...............................................................DS-11 APPENDICES A Special Provisions for the Construction of Sanitary Sewers B Geotechnical Evaluation Alipaz Street Sewer Line • HYDRAULIC CAPACITY PROJECT NO. 2—MARINER'S DRIVE TO ALIPAZ STREET AND • DRAINAGE REHABILITATION AT CAMINO DEL AVION AT ALIPAZ STREET NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will,up to 2:00 p.m.,on the th day of , 2009 receive sealed proposals or bids for the Hydraulic Capacity iect#2,Trunk Line Sewer Construction and Drainage Rehabilitation(CIP 719) in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction 2006 Edition, including all supplements therefore, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the City Clerk's Office, San Juan Capistrano City Hall,32400 Paseo Adelanto, San Juan Capistrano, California. The work to be done consists of constructing approximately 2,400 linear feet of 24"PVC sewer line along San Juan Creek from Mariner's Drive to Camino Del Avion. Work also includes the construction of approximately 115 linear feet of 30"RCP storm drain at the intersection of Camino Del Avion and Alipaz Street. The work will include pipe installation, manhole construction, catch basin construction, locating interfering utilities, relocation of interfering water lines, excavating, backfilling, surface restoration, removing and replacing landscaping and irrigation systems, connection to existing facilities,protection of existing facilities,sewer bypassing,public notification, coordination with the County of Orange, and all other appurtenant work necessary to construct the sewer and storm drain lines. • No bid will be received unless it is made on a proposal provided within these specifications. Any person desiring to submit a bid proposal in response to this bid package must first purchase the bid package. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent (10%) of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to the City of San Juan Capistrano in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. Exclusive of written addenda, the City of San Juan Capistrano shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder,simultaneously with the execution of the contract,will be required to fiunish a Faithful Performance Bond equal in the amount of one-hundred percent(100%)of the contract price. The surety bond company must be selected from among the surety companies set forth in the Standard Specifications. The City Council reserves the right to reject any and all bids received and to compare the relative • merits of the respective bids and to choose that, which in the opinion of the City of San Juan Capistrano, will best serve the interests or needs of the City of San Juan Capistrano. 1 A time limit of ninety(90)calendar days has been set for the completion of the work, from the date of the Notice to Proceed. Construction of this project will commence after the completion of the San • Juan Creek Channel,West Bank Levee Protection Project(Phase 1)administered by Orange County Public Works(OCPW),and is expected to start in October 2009 after the Notice to Proceed has been issued by the City. BIDDERS ARE HEREBY NOTIFIED THAT,pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Pasco Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of$35,non-refundable,is required for obtaining each set of plans and specifications. There will be a $10 charge for postage and handling on all plans and specifications mailed. Invitation to bid, current plan holders list and recent bid results are available for viewing and/or download by accessing the City's website at http://sanivancapistrano.org and clicking on the following menus: [DEPARTMENT & SERVICES] > [CITY CLERK] > [PUBLIC BIDS & NOTICES]. • Each bidder shall state the California Contractor's License Number and Classification of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the Council members of the City of San Juan Capistrano and is dated this day of 12009. CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA • 2 BID PROPOSAL For the: HYDRAULIC CAPACITY PROJECT NO. 2—MARINER'S DRIVE TO • ALIPAZ STREET AND DRAINAGE REHABILITATION AT CAMINO DEL AVION AT ALIPAZ STREET From: Contractor, License No. & Classification To the Members of the City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 2006 Edition, including all supplements therefore, read the Instructions to Bidders,and is familiar with all proposal requirements,and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal,amounting to a total of: Words Figures • Said amount to include and cover all taxes,the furnishing of all materials,the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also,the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City of San Juan Capistrano and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of ninety (990 calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the City does not expressly,nor by implication,agree that the actual amount of work • will correspond therewith,but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. 3 It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, is then any check or cashier's check shall be returned to the undersigned within thirty(30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen(15)days after the agreement is delivered to him for signature,or within such further time as may be granted by the Members of the City Council,then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is (Insert"$ cash,"cashier's check, certified check or bidder's bond on the forms from pages BB-1 and BB-2 of these Contract Documents, as the case may be), in an amount equal to at least ten(10)percent of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. • and Classification Signature of Bidder: • 4 (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary,Treasurer,and Manager thereof.) • Dated: Business Address Dated: Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Signature of Bidder Dated: • Telephone Number • 5 SCHEDULE OF WORK ITEMS HYDRAULIC CAPACITY PROJECT NO. 2—MARINER'S DRIVE TO ALIPAZ STREET • AND DRAINAGE REHABILTI'ATION AT CAMINO DEL AVION AT ALIPAZ STREET Item AApnroximate Work Items With Unit Price Unit Price Total uanti (Written in Words) (In Figures) Amount Mobilization and Demobilization as directed by I 1 L.S. the Engineer.for the lump sum price of dollars. Off Site Storage of Equipment and Materials 2 1 L.S. for the lump sum price of dollars. 3 Project Survey for the lump sum price of 1 L.S. dollars. Re-Establish Centerline Ties and Monuments 4 1 L.S. for the lump sum price of dollars. Pothole Utility Crossings as noted on plan 5 8 EA drawings for the unit price of • dollars per each. Project Site Maintenance for the lump sum 6 1 L.S. price of dollars. Remove Existing Catch Basin and Local 7 1 EA Depression for the unit price of dollars per each. Construct Inlet Type II (W=21 LF) for the unit 8 1 EA price of dollars per each. Construct Local Depression for the unit price of 9 33 L.F. dollars per lineal foot. Install 30"RCP, 1250-D for the unit price of 10 109 L.F. dollars per lineal foot. 6 Item Approximate Work Items With Unit Price Unit Price Total uantit (Written in Words) (In Figures) Amount • Install Brick and Mortar Plug for the unit price 11 2 EA of dollars per each. Construct Junction Structure Type IV per OCPW std. plan 1313 for the unit price of 12 1 EA dollars per each. Install 24"PVC ("T-1")within paved areas for the unit price of 13A 1017 L.F. dollars per lineal foot. Install 24"PVC ("T-1") within sloped areas for the unit price of 13B 1280 L.F. dollars per lineal foot. Install 24"DIP for the unit price of 14 53 L.F. dollars per lineal foot. • Construct 60" Sewer Manhole for the unit price 15 10 EA of dollars per each. Construct 72" Sewer Manhole for the unit price 16 1 EA of dollars per each. Connect to Existing Manhole and Modify 17 1 L.S. Manhole Bottom for the lump sum price of dollars. Install 12"x 45° Vertical Bend as directed by the Engineer for the unit price of 18 4 EA dollars per each. Install Vertical Thrust Block as directed by the Engineer for the unit price of 19 4 EA dollars per each. • 7 Item Annroximate Work Items With Unit Price Unit Price Total • � uantit (Written in Words) (hi Figures) Amount Install 12"PVC C-900 (CL-305) as directed by 20 24 L.F. the Engineer for the unit price of dollars per liner foot. Connect to Existing 12"ACP with Flex Coupling as directed by the Engineer for the unit 21 2 EA price of dollars per each. Excavation and disposal of Unsuitable Material as directed by the Engineer for the unit price of 22 30 TONS dollars per ton. (Item can be deleted or reduced at discretion of Engineer) Furnish and place Additional Bedding as directed by the Engineer for the unit price of 23 30 TONS dollars per ton. (Item can be deleted or reduced at discretion of Engineer) • Install Air Release Assembly per Utilities 24 1 EA Department standard plan for the unit price of dollars per each. Traffic Control and Public Safety for the lump 25 1 L.S. sum price of dollars. Total Bid Price (Enter here and on Page 3) Words Figures • 8 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID • STATE OF CALIFORNIA ) ) SS. County of ) ,being first duly sworn deposes and says that he is of ,the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person,partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said 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 said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder,or to fix the bid price of or cost element of such 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 such bid are true; and further, that said bidder has not directly or indirectly, submitted his 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 in connection therewith, to any corporation, • partnership, company,association,organization,bid depository,or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. Dated: SIGNATURE On this the day of ,2009,before me,the undersigned,a Notary Public in and for said State, personally appeared , personally known to me/proved to me on the basis of satisfactory evidence,to be the person(s)whose name(s) subscribed to the within instrument, and acknowledge that executed it. WITNESS my hand and official seal. Notary Public in and for said State • 9 DESIGNATION OF SUB-CONTRACTORS • Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended,the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid,and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub-contractor License No. Address Phone & Classification 1. • 2. 3, 4, 5, 6, 7, 8. BIDDER'S NAME AUTHORIZED SIGNATURE • Note: All sub-contractors shall obtain a City Business License prior to the start of construction. Proof shall be required prior to commencement of construction. 10 INSTRUCTION TO BIDDERS Securing Documents • Plans, Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." Examination of Plans, Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 2006 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist,but it is not to be inferred that all the conditions as shown thereon are actually existent,nor shall the City of San Juan Capistrano or any of its officers or agents be liable for any loss sustained by the contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, • he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth,or if the Engineer discovers errors,omissions,or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City of San Juan Capistrano will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid • for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder,or who has quoted prices on materials to a bidder,is not hereby disqualified from submitting a bid in his own behalf. 11 Proposals Bids to receive consideration shall be in accordance with the following instructions: • A. Bids shall be made only upon the forms provided within these specifications;all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures,the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes maybe crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City of San Juan Capistrano may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the provisions of the specifications. • F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City of San Juan Capistrano for such a sum of not less than ten percent(10%)of the aggregate sum of the bid,which check or bond and the monies represented thereby shall be held by the City of San Juan Capistrano as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents,such check or bond,and the money represented thereby, shall remain the property of the City of San Juan Capistrano and,if the bidder shall fail to execute said contract,said surety will pay to the City of San Juan Capistrano the damages which the City of San Juan Capistrano may suffer by reason of such failure not exceeding the sum of ten percent(10%)of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. G. Bids shall be delivered to the City of San Juan Capistrano at the location stipulated on or before the day and hour set for the opening of bids,as hereinbefore specified in the"Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder,bid opening date and time of bid opening. • 12 Licensing of Contractor All persons, firms,partnerships or corporations shall be licensed in accordance with the Business and • Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals The City of San Juan Capistrano will,in open session,publicly open,examine and declare the bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of ninety(90)days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the ninety(90) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these • instructions and with the "Notice Inviting Bids." The City of San Juan Capistrano, however, reserves the rieht to reject any or all bids and to waive mere informalities,minor technical errors or irregularities, obvious clerical errors or erasures. The bidder to whom the award is made shall execute two(2)copies of the written contract with the City of San Juan Capistrano and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the bid opening date. The contract shall be made in the form adopted by the City of San Juan Capistrano. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City of San Juan Capistrano's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided,the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do SO. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent(100%) of the total • amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent(100%)of the amount of the contract. Said bonds shall be secured from a surety company selected from the surety companies set forth in the standard specifications. Bonds must be submitted on the forms contained in these specifications. 13 Time Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the • Notice to Proceed and shall be diligently prosecuted until completion. A time limit of nine 90 calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the Contract as to provisions for extension of time of Completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof,or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City of San Juan Capistrano pursuant to said Code and as listed in the"Notice Inviting Bids." Construction Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as • required, for the completion of the project. No extra compensation shall be made therefore. The Contractor will be required to execute a City Encroachment Permit for construction work under this contract. This Encroachment Permit does not satisfy the requirement for transportation permits for overload or overweight vehicles. The Contractor shall contact the Engineering Division for issuance of these permits. • 14 • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, , as PRINCIPAL, and , as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO,Obligee,hereinafter called City,in the sum of $ for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 2009, for the construction of Hydraulic Capacity Project No. 2 —Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street for the CITY OF SAN JUAN CAPISTRANO, Orange County, California. • NOW,THEREFORE,if the Principal shall not withdraw said bid within thirty(30)days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution,enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties,or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen,or in the event of the withdrawal of said bid within the periods specified,or the failure to enter into said contract and give said bond within the time specified,if the Principal shall within sixty(60)days after request by the City,pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including • reasonable attorney's fees,incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. BB-1 • IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this day of ,2009,the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) PRINCIPAL BY: Title: ATTEST(If Corporation) • Corporate Seal SURETY ATTEST BY: Title: Title APPROVED AS TO FORM: Omar Sandoval, City Attorney • BB-2 • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bond themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): • which contract is by reference made a part hereof, NOW THEREFORE,the condition of this obligation is such that,if Principal shall promptly and faithfully perform said agreement,then this obligation shall be null and void;otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • PB-1 • 2. Said Surety,for value received,hereby stipulates and agrees that no change,extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond,and it does hereby waive notice of any such change,extension of time,alterations,or modifications of the contract documents or of work to be performed thereunder. Executed this day of 2009, at California. PRINCIPAL APPROVED AS TO FORM (NOTARIZATION AND SEAL) • OMAR SANDOVAL, CITY ATTORNEY SURETY (NOTARIZATION AND SEAL) • PB-2 Premium Included LABOR AND MATERIAL BOND • KNOW ALL MEN BY THESE PRESENTS: That WHEREAS,the CITY OF SAN JUAN CAPISTRANO,a municipal corporation of Orange County, California, has awarded to , License No. hereinafter designated as "Principal", a contract for ; and WHEREAS,said Principal is required to furnish a bond in connection with the said contract providing that if said Principal,or any of his or its sub-contractors,shall fail to pay for any materials, provisions,provender or other supplies or teams used in,upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Principal, and as surety, are Held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for payment of which sum well and • truly to be made we bind ourselves,our heirs, executors,administrators and successors,jointly and severally, finely by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials,provisions,provender,or teams,or other supplies or equipment used in,upon,for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1,Division 5,Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond,a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of an and all persons,companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suite brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change,extension of time,alteration or modification of the contract documents or of work to be performed thereunder. • LM-1 As a part of the obligation secured thereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three(3)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the day of 2009. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL By SURETY By APPROVED AS TO FORM • OMAR SANDOVAL, CITY ATTORNEY • LM-2 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, • hereinafter referred to as "CITY" and hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit,the Designation of Sub-Contractors,the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds,Resolutions adopted by the CITY pertaining to the work,insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor,material, equipment, • transportation,and supplies necessary to perform and complete in good and workmanlike manner the construction of Hydraulic Capacity Project#2 Sewer Project and Drainage Rehabilitation in strict conformity with the Plans,Specifications and all other contract documents,which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages,and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages,not in the nature of a penalty, • Five Hundred(500)Dollars per calendar day for each day delayed;provided that extensions of time with waiver of liquidated damages,may be granted as provided in the Specifications. C-1 FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of • all labor and material used under this contract, as required by the laws of the State of California,on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%)of the amount of this contract and shall be conditioned on full and complete performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent(100%)of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the prevailing rate of per diem wages,as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him,shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars ($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one(1) year. • C-2 CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: • $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever,the CITY shall be notified by registered mail,return receipt requested,giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty(30)days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims,demands,loss or liability of any kind or nature which CONTRACTOR,its officers,agents and employees may sustain or incur or which may be imposed • upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include,but are not limited to,the stipulation that eight (8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit Twenty-five Dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8)hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. • C-3 If CONTRACTOR is not already enrolled in the U.S.Department of Homeland Security's E-Verify program, CONTRACTOR shall enroll in the E-Verify program within fifteen days of the effective • date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. CONTRACTOR shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E- Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/employerregistration. CONTRACTOR shall certify its registration with E- Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano • Dated: BY: MARK NIELSEN, MAYOR BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION ATTEST: Margaret R Monahan, City Clerk APPROVED AS TO FORM: • Omar Sandoval, City Attorney C-4 CITY OF SAN JUAN CAPISTRANO HYDRAULIC CAPACITY PROJECT NO. 2—MARINER'S DRIVE TO ALIPAZ STREET • AND DRAINAGE REHABILITATION AT CAMINO DEL AVION AT ALIPAZ STREET SPECIAL PROVISIONS WORK TO BE DONE The work to be done consists of constructing approximately 2,400 linear feet of 24" PVC sewer line along San Juan Creek from Mariner's Drive to Camino Del Avion. Work also includes the construction of approximately 115 linear feet of 30" RCP storm drain at the intersection of Camino Del Avion and Alipaz Street.The work will include pipe installation, manhole construction, catch basin construction, locating interfering utilities, relocation of interfering water lines,excavating,backfilling, surface restoration,removing and replacing landscaping and irrigation systems, connection to existing facilities, protection of existing facilities,sewer bypassing,public notification,coordination with the County of Orange,and all other appurtenant work necessary to construct the sewer and storm drain lines. SECTION 1 —STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 2006 Edition, hereinafter referred to as the Standard • Specifications. The Contractor shall maintain a copy of this book on the job-site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force,or material of proper quality,or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract,notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director,within the time specified in such notice,the City of San Juan Capistrano,in any such case,shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City of San Juan Capistrano may designate. Upon such termination, the Contractor's control shall terminate and thereupon the Members of the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's . materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof,or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the SP-I materials contracted for, in such manner as the City of San Juan Capistrano may deem proper;or the Members of the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract • price will be charged against the Contractor and his sureties, who will be liable therefore. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City of San Juan Capistrano;but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price,arising from the suspension of the operation of the contract and the completion of the work by the City of San Juan Capistrano as provided above,and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." Change 2: Section 7-13 —Laws to be Observed Add: "All contractors and subcontractors shall comply with all sections of the Municipal Code of the City of San Juan Capistrano, especially Section: 6-3.06(b), (c), (d) and (e) and shall secure the services of the City's exclusive solid waste hauler for their solid waste handling needs." Change 3: Section 8 —Facilities for City Personnel Delete this Section. • Change 4: Section 2-9.3 —Survey Services The Contractor will perform and be responsible for the accuracy of survey adequate for construction. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at his expense. The Contractor shall dig all holes necessary for line and grade stakes. Unless Otherwise specified, stakes will be set and stationed by the Contractor for curbs, headers,sewers,storm drains, structures and rough grade and a corresponding cut or fill to finished grade(or flowline) indicated on a grade sheet. Change 5: Section 7-10.2—Storage of Equipment and Materials in Public Streets Construction equipment and materials shall not be stored in streets,roads,highways or public right-of-way. All materials or equipment not installed or used in construction within the daily work period shall be stored elsewhere by the contractor at its expense. Construction equipment shall not be stored at the work site before its actual use on the work. • Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets,roads,highways or public right-of-way. After placing backfill, all excess material shall be removed immediately from the site. SP-2 SECTION 2—TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby • provided that the following City departments or person shall be intended: AGENCY shall mean City of San Juan Capistrano whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s)designated by same. SECTION 3 —FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor,by submitting a bid,acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 4—WATER Water will be available from the City of San Juan Capistrano. Arrangements for temporary construction water services permit and water service maybe made by contacting the City of San Juan • Capistrano Utilities Department at (949) 487-4300 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications," City of San Juan Capistrano Utilities Department, and"The Uniform Plumbing Code," 2006 Edition. SECTION 5 —INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead(move-in costs,for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. SECTION 6—PROTECTION OF EXISTING UTILITIES(UNDERGROUND SERVICE ALERT) The Engineer has endeavored to show all existing utilities. The Contractor must,however,take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at lease forty-eight (48) hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least forth-eight(48)hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. • Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work,and no additional compensation will be allowed therefore. SP-3 SECTION 7—PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor • must protect all existing private property, unless otherwise shown on the Plans to be removed, relocated, or location of improvements require temporary demolition and replacement. Improvements shall be reconstructed in a timely manner equal to or better than the preconstruction condition and to the satisfaction of the owner. SECTION 8 —CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone,and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public-or privately-owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged,they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, way or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances,restrictions and other limitations affecting transportation and ingress and egress to • the site of the work. In an emergency situation, such as a storm event, or when required by the County of Orange, Contractor shall remove all equipment as requested. SECTION 9—PRE-CONSTRUCTION COORDINATION MEETING Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule in the attached form showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SECTION 10—PROJECT SITE MAINTENANCE No person shall commence or continue any construction project in the CITY that causes the disturbance of existing ground by clearing,grading,saw cutting,or excavating without obtaining a permit from the CITY. The CONTRACTOR shall be informed regarding, and shall adhere to, the requirements of the State • Water Resources Control Board and the San Diego Regional Water Quality Control Board(RWQCB). All work shall be performed in accordance with: SP-4 1. The National Pollutant Discharge Elimination System(NPDES)General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) (when applicable), Water Quality Order 99-08-DWQ,NPDES No.CAS000002 and subsequent modifications,which can be • found on the intemet at: bttp://www.waterboards.ca.gov/stormwtr/construction.html 2. The Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Water Quality Order No. R9-2002-0001, NPDES NO. CAS0108740; and any subsequent modifications thereof; The following requirements shall apply to all projects undergoing construction in the CITY. The requirements set forth below shall apply at the time of demolition of an existing structure or construction. 1. The CONTRACTOR shall implement of an effective combination of erosion and sediment controls, waste and materials management controls,and other BMPs, as required to minimize transport of pollutants from the site to streets,drainage facilities or adjoining property by wind or runoff,to the maximum extent practicable. If the Engineer determines that the CONTRACTOR'S measures are not adequate, the CONTRACTOR shall provide whatever additional measures are required to achieve compliance. • 2. The CONTRACTOR shall designate a qualified person who is trained and competent in the use of Best Management Practices (BMP's) and who shall be on the site daily, although not necessarily full time,to evaluate the conditions of the site with respect to storm water pollution prevention. This person shall ensure the implementation of the conditions of the City of San Juan Capistrano, the Contract Documents, the City's Local water quality ordinance (www.sanjuancapistrano.org),and other State and local regulations and ordinances with respect to control of erosion, sediment and other forms of water pollution, as well as other waste management regulations. Further, this person shall be responsible for monitoring weather and implementation of any emergency plans as needed. The weather shall be monitored on a five-day forecast plan and a full BMP protection plan shall be activated when a 40% chance of rain is forecasted. This person shall also be responsible for overseeing the general project operations and evaluating the effectiveness of the BMP's. This person shall modify the BMP's as necessary to keep the project site in compliance. This person or other designated site management staff shall be responsible to inspect the BMP's routinely and ensure maintenance measures are implemented. 3. The CONTRACTOR shall educate all employees,subcontractors,and suppliers about storm water BMPs and water pollution controls required during various construction activities to prevent the impact of construction discharges. The CONTRACTOR shall ensure that all personnel are trained in basic urban runoff management.A list of attendees and copies of the educational materials shall be kept on file at the site and submitted to the Engineer at the conclusion of each training session, • upon request. SP-5 4. The CONTRACTOR shall protect with BMPs,such as gravel bags and filter fabric or other BMP approved by the CITY, all new and existing storm water conveyance system structures and other facilities from sedimentation or other related construction debris and discharges,or by any other • equal product that is approved by the Engineer. 5. No washing of construction or other industrial vehicles shall be allowed adjacent to a construction site.No water from washing vehicles on a construction site is allowed to run off into the CITY'S storm drain system, including the streets and gutters. 6. The CONTRACTOR shall prevent any discharge of concrete rinse water, saw cutting and cold milling materials,and other pollutant into a stormwater conveyance facility with physical barriers. Polluted discharges are prohibited from entering the storm drain system,including the streets and gutters. 7. Any sediments or other materials,which are not retained on the site shall be removed the same day prior to leaving the site.Where determined necessary by the Engineer or his or her designated representative, a temporary sediment barrier shall be installed. 8. On an emergency basis only,plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and effectively convey the runoff to the storm drain system after elimination of contaminants. These measures cannot be used for a duration longer than 48 hours unless specifically approved by the CITY. 9. Drainage controls shall be utilized at all project locations. Nuisance flow resulting from • landscaping and irrigation runoff(if applicable)shall be retained on-site the extent of proposed construction activities. 10. CONTRACTOR shall refer to and be familiar with the most recent edition of the Construction BMP Handbook,produced and published by the California Stormwater Quality Association at www.caBMPhandbooks.com. This document can be used for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from construction activities. 11. Littering. No person shall throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited,placed,left or maintained or kept,any refuse,rubbish,garbage,broken concrete,or any other discarded or abandoned, articles or accumulations, in or upon any street, alley, sidewalk, storm drain,inlet,catch basin conduit or drainage structure,business place,or upon any public or private plot of land in the CITY, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facilities. 12. At least 24 hours in advance of any storm event where the probability of rain is 40 percent or greater, all BMPs that are installed in the curb and gutter, in front of or on a storm drain catch basin,or around storm drain drop inlets are to be removed to prevent blocking of any storm drain or impede drainage. This does not relieve the CONTRACTOR'S obligation to prevent silt, sediment,or any other pollutant from entering the storm drain system as a result of work activities. • SP-6 13. During the dry season (May 1 through September 30 each year), the CONTRACTOR shall inspect at least weekly all pollutant control measures installed to mitigate construction activities during the dry season. For the duration of the project,the CONTRACTOR shall submit,with • each progress payment request, documentation that these pollutant control measures were inspected, including detailed inspection reports. 14. During the rainy season (October 1st through April 30th each year), the CONTRACTOR shall inspect at least daily all pollutant control measures,and inspect before and after every rain event and every 24 hours during any prolonged rain event. The CONTRACTOR shall implement special maintenance measures as required to meet all requirements at CONTRACTOR'S expense. At the conclusion of any rain event,the CONTRACTOR shall immediately repair all pollutant control measures. For the duration of the project, the CONTRACTOR shall submit, with each progress payment request, documentation that these pollutant control measures were inspected, including detailed inspection reports, and a list of BMP's that were found to be inadequate. 15. The CONTRACTOR shall perform routine maintenance of all pollution control measures continuously for the duration of the project. The CONTRACTOR shall implement special maintenance measures before and after every rain event and every 24 hours during any prolonged rain event. The CONTRACTOR shall maintain and repair all pollutant control measures as soon as possible after the conclusion of each rain event as worker safety allows. For the duration ofthe project,the CONTRACTOR shall submit,with each progress payment request,documentation that these pollutant control measures were maintained,including detailed inspection reports,work orders on daily routine work and special maintenance work that was performed, and a list of • BMP's that were found to be inadequate. The CONTRACTOR shall monitor the project site for unmitigated non-stormwater discharge 24 hours and day, 7 days a week, throughout the duration of the project construction. If an unmitigated non- stormwater discharge leaves the project site at any time,the CONTRACTOR shall immediately stop all the activity causing the discharge and mitigate the discharge. The CONTRACTOR shall also immediately notify the Engineer of the discharge. As soon as practical, any and all waste material, sediment,debris or other pollution from any discharge shall be removed from the drainage system by the CONTRACTOR.The CONTRACTOR shall adhere to reporting requirements as identified in the General Perniit for Construction Water Quality Order 99-08-DWQ, NPDES No. CAS000002. Whenever an authorized inspector has reasonable cause to believe that there exists on the construction site any condition, which constitutes an impact to human or environmental health(as defined in the CITY'S stormwater program), or if CONTRACTOR is notified of required corrections and does not correct in the amount of time provided and/or violation of the provisions of the requirements herein,the permit will cause to be in effect, and all construction works on the site shall be terminated at the CONTRACTOR'S expense. The CONTRACTOR shall conform to all Stormwater control BMPs designated by the Engineer,in accordance with the recommendations and specifications set forth in the Stormwater NPDES, and as outlined herein in this Contract Document. SECTION 11 —PRESERVATION OF SURVEY MONUMENT • Effective January 1, 1995, AB 1414 "Preservation of Survey Monumentation Compliance with Section 8771 of the Business and Professional Code" provides for the preservation of Survey Monuments in construction projects. This legislation mandates that prior to construction monuments are to be referenced in the field and"Comer Records"prepared for filing in the Office of the County SP-7 Surveyor. It also mandates that after construction,monuments are to be reset and"Corner Records" filed with the County Surveyor. This must be done prior to certifying completion of a project. The City requires monumentation preservation on all capital improvement projects where monumentation points are present and the contractor shall be responsible for submitting proper documentation to the Office of the County Surveyor in compliance with AB 1414. Project finalization, Notice of Completion and/or release of retention shall be contingent upon obtaining documentation from the contractor's project surveyor or engineer that monuments have been set or restored and Comer Records filed with, and to,the satisfaction of the County Surveyor. All costs necessary to comply with this legislation shall be allocated to the appropriate bid item. SECTION 12—MONUMENTATION IDENTIFICATION In accordance with the Professional Land Surveyor Act, Section 8772, any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a property or land line shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it,each number to be preceded by the letters"L.S."or"R.C.E.,"respectively, as the case may be or,if the monument is set by a public agency,it shall be marked with the name of the agency and the political subdivision it serves. Nothing in this section shall prevent the inclusion of other information on the tag which will assist in the tracing or location of the survey records which relate to the tagged monument. • Centerline ties filed with the Orange County Surveyor will be checked for compliance with this law. SECTION 13 —PROJECT ACCESS Construction access to the project shall be exclusively at Camino Del Avion at the intersection of Alipaz Street. Construction access from Via Lorado,Calle Jardin and Mariners Drive is prohibited. SECTION 14—OCFCD PERMIT The City of San Juan Capistrano has obtained an Encroachment Permit from the Orange County Flood Control District(OCFCD). Contractor shall comply with all conditions set forth by the permit conditions. SECTION 15—SPECIAL PROVISIONS FOR THE CONSTRUCTION OF SANITARY SEWERS All work shall conform to the Special provisions for the Construction of Sanitary Sewers, City of San Juan Capistrano, hereinafter referred to as "City Sewer Special Provisions." A copy of this document is made a part hereof as Appendix A. Bedding material is recommended to be sand bedding(SE 30 or greater). Crushed stone, with the following grading (see Standard Specifications Section 306-1.2.1) may be used as an option with • approval from the City. Bedding material shall fill 6"minimum thickness under the pipe,around the sides of the pipe and 12" minimum depth over the pipe. In addition, all construction shall be performed in accordance with the geotechnical report prepared by Ninyo &Moore. A copy of this report is included in Appendix B. SP-8 • E E ,'4'�W. -:Y.� 1 � ,a, h �;Si���)f .'.N r;`..; 100% 1 90%- 100% 3/4" 30%- 60% 1/2" 0% - 20% 3/8" 0% - 5% #4 SECTION 16—INDEMNIFICATION Contractor hereby releases and agrees to indemnify,defend,and hold harmless the City of San Juan Capistrano, Hall & Foreman, Inc. (HFI), and the County of Orange, their parent and subsidiary companies,agents,employees,consultants and representatives for any and all damage to persons and property or wrongful death regardless of whether or not such claim, damage, loss or expense is caused in whole or in part by the negligence, active or passive, of the City of San Juan Capistrano, HFI, and the County of Orange, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of the City of San Juan Capistrano, HFI, and the County of Orange,their parent or subsidiary companies and their agents and employees to the fullest extent permitted by law. Such indemnification shall extend to all claims,demands,actions or liability for injuries,death or damages occurring after completion of the project,as well as during the work's progress. Contractor further agrees that it shall accomplish the above at its own cost, expense and risk exclusive of and regardless of any applicable insurance policy or position taken by any insurance • company regarding coverage. SECTION 17—JOBSITE SAFETY Contractor acknowledges responsibility for jobsite safety and acknowledges that the engineer will not have any such responsibility. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold the City of San Juan Capistrano, HFI, and the County of Orange,their parent companies,subsidiaries, agents, and employees from and against all claims,damages,losses and expenses, including but not limited to attorney fees and claim costs, arising out of or resulting from performance of work by the Contractor, its subcontractors, or their agents and employees, which results in damage to persons or property including wrongful death regardless of whether or not such claim, damage, loss or expense is caused in whole or in part by the negligence, active or passive, of the City of San Juan Capistrano, HFI, and the County of Orange, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of the City of San Juan Capistrano and HFI, their parent or subsidiary companies and their agents and employees. • SP-9 SECTION 18 —HOURS OF WORK • The City of San Juan Capistrano construction work hours are: Monday through Friday: 7 a.m. —6 p.m. Saturday: 8:30 a.m. -4:30 p.m. Saturday(Earth Hauling): 8:30 a.m. — 12:30 p.m. Sunday None Federal Holidays None The Contractor shall adhere to limitations or restrictions placed on construction work hours that may be stipulated by the OCFCD permit requirements. • • SP-10 CITY OF SAN JUAN CAPISTRANO HYDRAULIC CAPACITY PROJECT NO. 2—MARINER'S DRIVE TO ALIPAZ STREET • AND DRAINAGE REHABILITATION AT CAMINO DEL AVION AT ALIPAZ STREET DETAIL SPECIFICATIONS AND METHOD OF PAYMENT CONTENTS: BID ITEM 1 —MOBILIZATION AND DEMOBILIZATIONDS-2 BID ITEM 2—OFF SITE STORAGE OF EQUIPMENT AND MATERIALS ......................................... DS-2 BID ITEM 3 —PROJECT SURVEY .............................................................................................................DS-2 BID ITEM 4—RE-ESTABLISH CENTERLINE TIES AND MONUMENTS DS-3 ......................................... BID ITEM 5—POTHOLE UTILITY CROSSING ....................................................................................... DS-3 BID ITEM 6—PROJECT SITE MAINTENANCE DS-3 ..................................................................................... BID ITEM 7—REMOVE EXISTING CATCH BASIN AND LOCAL DEPRESSION DS-3 ........................... BID ITEM 8—CONSTRUCT INLET TYPE II, (W=21 LF) ......................................... DS-4 BID ITEM 9—CONSTRUCT LOCAL DEPRESSION DS-4 ............................................................................... BID ITEM 10—INSTALL 30" RCP, 1250-D ............................................................................................... DS-4 BID ITEM 11 —INSTALL BRICK AND MORTAR PLUG DS-4 ....................................................................... BID ITEM 12—CONSTRUCT JUNCTION STRUCTURE TYPE IVDS-5 BID ITEM 13A AND 13B—INSTALL 24" PVC „ ,,,,,,....... DS-5 BID ITEM 14—CONSTRUCT 24" DIP DS-5 • BID ITEM 15 —CONSTRUCT 60" SEWER MANHOLE DS-5 BID ITEM 16—CONSTRUCT 72" SEWER MANHOLEDS-6 BID ITEM 17—CONNECT TO EXISTING MANHOLE AND MODIFY MANHOLE BOTTOM DS-6 BID ITEM 18—INSTALL 12" x 45 DEGREE VERTICAL WATER BEND DS-6 ........................................... BID ITEM 19—INSTALL VERTICAL THRUST BLOCK DS-6 ........................................................................ BID ITEM 20—INSTALL 12" PVC WATER MAIN DS-6 ................................................................................. BID ITEM 21 —CONNECT TO EXISTING 12"ACP W/FLEXIBLE TRANSITION COUPLING DS-7 BID ITEM 22—UNSUITABLE MATERIALDS-7 .............................................................................................. BID ITEM 23 —ADDITIONAL BEDDING ................................................................................................. DS-7 BID ITEM 24—INSTALL AIR-RELEASE ASSEMBLYDS-8 BID ITEM 25 —TRAFFIC CONTROL AND PUBLIC SAFETYDS-8 INCIDENTALS: A. PUBLIC NOTIFICATION ....................................................................................................................... DS-8 B. DUST CONTROL AND CLEANUP ......................................................................................................DS-9 C. REMOVAL AND DISPOSAL OF MATERIAL .................................................................................... DS-9 D. TRENCH SHORING ................................................................................................................................DS-10 E. BEDDING AND BACKFILL ...................................................................................................................DS-10 F. AC PAVEMENT RESURFACING .........................................................................................................DS-11 • Submittals—Prior to construction,the Contractor shall submit shop drawings of construction details per Section 2-5.3 of the Standard Specifications for Public Works Construction"The Greenbook". DS-1 BID ITEM 1 —MOBILIZATION AND DEMOBILIZATION Mobilization shall consist of preparatory work and operations, including but not limited to those • necessary for the movement of personnel,equipment,supplies,and incidentals to the project site; for the establishment of all offices,buildings,and other facilities necessary for work on the project;and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project SITE. Mobilization shall also include all work shown on the plans which is not compensated in a bid item of work to include, but not limited to'protect-in-place and/or relocation or removal of facility or existing site feature to accommodate the construction of an improvement; resetting curb drains through new curbing; resetting signage removed during construction; removal and replacement of miscellaneous parkway concrete sidewalk, ADA ramp and/or asphalt; replacement of irrigation facilities damaged / removed during construction; and removal of trees and shrubs as deemed necessary to facilitate construction at the direction of the Engineer. Measurement and Payment— Mobilization and demobilization will be paid for at the Contract Lump Sum Price in accordance with Section 9-3 of the Standard Specifications.The lump sum price shall be considered full compensation for furnishing all labor,materials,tools,equipment,apparatus and incidentals for doing all the work required. Payment shall be considered full compensation for obtaining all business licenses and permits, as required for the entire project, from all related agencies including but not limited to utility companies, private and public agencies. The compensation shall include the compliance with the requirements specified in those licenses and permits; and incidentals necessary to perform all related items of work. Payment for mobilization • and demobilization shall be based on the completion percentage of the entire project. No additional compensation will be allowed. BID ITEM 2—OFF SITE STORAGE OF EQUIPMENT AND MATERIALS The work for this item shall consist of complying with the modified requirements of Section 7-10.2, "Storage of Equipment and Materials in Public Streets" of the Standard Specification, and as modified in Section 1 of the contract Special Provisions. Measurement and Payment—Off Site Storage of Equipment and Materials will be paid for at the Contract Lump Sum Price in accordance with Section 9-3 of the Standard Specifications. The lump sum price shall be considered full compensation for furnishing all labor,materials,tools,equipment, apparatus and incidentals for doing all work required as specified and no additional compensation shall be made therefore. BID ITEM 3 —PROJECT SURVEY The work for this item shall consist of project survey by a licensed engineer or surveyor and certification of construction to the required line and grade. The contractor shall ensure that the intent of the design will be met by checking existing construction elevations for compatibility with the proposed construction. Any discrepancies shall be reported to the engineer for review. • Prior to any work being started on the project,the Contractor,project surveyor and City's Engineer shall walk the project to locate all survey markers,monuments and control points within the project limits to be protected or impacted by the work herein contemplated. As provided in the specifications,the Surveyor shall prepare the required corner record forms and submit to the County DS-2 and City for recordation. Upon completion of all work, the surveyor shall reestablish survey monuments and control (Bid Item 4) as required and directed by the Engineer. • Measurement and Payment—The lump sum price for this item shall include all labor,materials, tools and equipment necessary to cavy out the work as specified and no additional compensation shall be made therefore. BID ITEM 4—RE-ESTABLISH CENTERLINE TIES AND MONUMENTS The work for this item shall consist of the re-establishing of center control ties and monuments removed, disturbed or covered during the course of construction. Re-establishing of center control ties and monuments shall be performed by a registered civil engineer or licensed surveyor. Measurement and Payment—The lump sum price for this item shall include all labor,materials, tools, and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. BID ITEM 5 —POTHOLE UTILITY CROSSING The contractor shall locate and expose underground utility facilities as directed by the Engineer. These potholing operations shall be completed by the Contractor in advance of his piping installation operations as directed by the Engineer. Contractor shall expose top and bottom of each facility and provide said elevations to the Engineer for his use in determining the impact on the proposed new pipeline construction. • Measurement and Payment—The unit price per each for performing potholing operations to locate and verify elevations of utility crossings shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be made therefore. BID ITEM 6—PROJECT SITE MAINTENANCE The contractor shall allow in his bid under this item all costs incurred to accomplish compliance with the requirements of Section 10, "Project Site Maintenance", in the Contract Special Provisions. Measurement and Payment—The lump sum price for this item shall include all labor, materials, tools, equipment, incidentals, for doing all work involved in stormwater and erosion control practices; achieving and maintaining compliance with all applicable regulations, as applicable;and for doing all work involved in the implementation of an effective combination of erosion and sediment controls,waste and materials management controls,and other BMPs,as required to prevent transport of pollutants from the site to streets, drainage facilities or adjoining property by wind or runoff,to the maximum extent practicable shall be included in the lump sum price as set forth in the Bid Schedule. No additional compensation will be allowed. 131D ITEM 7 —REMOVE EXISTING CATCH BASIN AND LOCAL DEPRESSION • The work for this item shall consist of removal of all interfering portions of items shown on the Plans. Before starting removal operations, the Contractor shall ascertain from the City whether the removal is complete,and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. DS-3 Measurement and Payment—The unit price per each for this item shall include all labor,materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. • BID ITEM 8 —CONSTRUCT INLET TYPE II. (W=21 LF) The work for this item, construction of inlet type II (W=21 LF) shall be in accordance with the Orange County Public Works Standard Plan No. 1302. Measurement and Payment—The unit price per each for this item shall include all labor,materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. BID ITEM 9—CONSTRUCT LOCAL DEPRESSION The work for this item shall include construction of local depression,and shall be in accordance with the City of San Juan Capistrano Standard Plan No. 360. Width of depression shall be 2-feet. Measurement and Payment—The unit price per lineal foot for this item shall include all labor, materials, tools and equipment necessary to cavy out the work as specified and no additional compensation shall be made therefore. BID ITEM 10— INSTALL 30" RCP. 1250-D • The work for this item shall include installation of 30" RCP, 1250-D, and shall be in accordance with Section 207-2, "Reinforced Concrete Pipe", of the Standard Specifications. Work for this item shall include all "Removal and Disposal of Material", "Trench Shoring", "Bedding and Backfill" and "AC Pavement Resurfacing" required for installation of 30" RCP. "Removal and Disposal of Materials","Trench Shoring","Bedding and Backfill"and"AC Pavement Resurfacing" are described in "Items Included with Various Items of Work" at the end of this section. Measurement and Payment— The unit price per lineal foot for this item shall include all labor, materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. BID ITEM 11 —INSTALL BRICK AND MORTAR PLUG The work for this item shall include the construction of brick and mortar plugs complete in place where shown on the plans and shall be in accordance with Section 306-5"Abandonment of Conduits and Structures" and subsections 202-1.2 "Manhole Brick", 202-1.5 "Mortar, Grout, Water, and Plaster"of the Standard Specifications. Measurement and Payment—The unit price per each for this item shall include all labor,materials, tools and equipment necessary to carry out the work as specified and no additional compensation • shall be made therefore. DS-4 BID ITEM 12—CONSTRUCT JUNCTION STRUCTURE TYPE IV The work for this item shall include construction of junction structure type IV and shall be in • accordance with the Orange County Public Works Standard Plan No. 1313. Measurement and Payment—The unit price per each for this item shall include all labor,materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. BID ITEM 13A AND 13B—INSTALL 24" PVC The work for this item shall include installation of 24" PVC pipe and shall be in accordance with Section 207-17 "PVC Plastic Pipe" of the Standard Specifications. Minimum wall thickness designation shall be a"T-1". Work for this item shall include all "Removal and Disposal of Material", "Trench Shoring", "Bedding and Backfill" and "AC Pavement Resurfacing" required for installation of 24" PVC. "Removal and Disposal of Materials","Trench Shoring","Bedding and Backfill"and"AC Pavement Resurfacing" are described in "Items Included with Various Items of Work" at the end of this section. Measurement and Payment—The unit price per lineal foot for this item shall include all labor, materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. • BID ITEM 14—INSTALL 24" DIP The work for this item shall include installation of 24" DIP pipe and shall be in accordance with Section 207-9"Iron Pipe and Fittings"of the Standard Specifications.Minimum class shall be Class 200. Work for this item shall include all "Removal and Disposal of Material", "Trench Shoring", "Bedding and Backfill" and "AC Pavement Resurfacing" required for installation of 24" DIP. "Removal and Disposal of Materials","Trench Shoring","Bedding and Backfill"and"AC Pavement Resurfacing" are described in "Items Included with Various Items of Work" at the end of this section. Measurement and Payment— The unit price per lineal foot for this item shall include all labor, materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. BID ITEM 15 —CONSTRUCT 60" SEWER MANHOLE The work for this item shall include construction of 60" diameter sewer manholes and shall be in accordance with the City of San Juan Capistrano Standard Plan No. 802. Pre-cast manholes may be utilized(shop drawing approval by Engineer required)but no pre-cast base units will be allowed. • Measurement and Payment—The unit price per each for this item shall include all labor,materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. DS-5 BID ITEM 16— CONSTRUCT 72" SEWER MANHOLE • The work for this item shall include construction of 72" diameter sewer manholes and shall be in accordance with the City of San Juan Capistrano Standard Plan No. 802. Pre-cast manholes may be utilized (shop drawing approval by Engineer required)but no pre-cast base units will be allowed. Measurement and Payment—The unit price per each for this item shall include all labor,materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. BID ITEM 17—CONNECT TO EXISTING MANHOLE AND MODIFY MANHOLE BOTTOM The work for this item shall include connection to an existing sewer manhole and re-channeling of existing concrete base in order to facilitate flows in the desired direction. Manhole bottom shall be channeled in conformance with the City of San Juan Capistrano Standard Plan No. $02. Contractor shall be notified,that existing manhole to be modified is encased with 12-inches of concrete backfill. Contractor shall excavate, expose and remove concrete encasement as required to enter into manhole and modify channel base to direct sewage flows into new sewer pipe. Measurement and Payment—The unit price per lump sum for this item shall include all labor, materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. • BID ITEM 18 —INSTALL 12" x 45 DEGREE VERTICAL WATER BEND The work for this item shall include installation of 12"x 45 degree vertical water bends, including mechanical joints and hardware. Diameter of bends shall be 12"as specified on the plans. Ductile iron mechanical joints (DI— 53) shall be used per City Standard Water Specifications. Nuts and bolts shall be SS-316 hardware with fluoropolymer(Tripac 2000) or equal coated nuts. Measurement and Payment—The unit price per each for this item shall include all labor,materials, tools and equipment necessary to cant'out the work as specified and no additional compensation shall be made therefore. BID ITEM 19—INSTALL VERTICAL THRUST BLOCK The work for this item shall include installation of vertical thrust blocks for relocation of existing 12- inch PVC water main at locations indicated on the plans. Thrust blocks shall be in accordance with the Utilities Department Standard No. W-15. Measurement and Payment—The unit price per each for this item shall include all labor,materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. BID ITEM 20—INSTALL 12"PVC WATER MAIN The work for this item shall include installation of 12"PVC as indicated on the plans. Water mains • 4"through 12"in diameter shall be pressure class 305, PVC C-900. Work for this item shall include all "Removal and Disposal of Material", "Trench Shoring", "Bedding and Backfill" and "AC Pavement Replacement' required for installation of 12" PVC. DS-6 "Removal and Disposal of Materials","Trench Shoring","Bedding and Backfill'and"AC Pavement Replacement' are described in "Items Included with Various Items of Work" at the end of this section. • Measurement and Payment—The unit price per lineal foot for this item shall include all labor, materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. BID ITEM 21 —CONNECT TO EXISTING 12"ACP W/FLEXIBLE TRANSITION COUPLING The work for this item shall include connection to the existing 12" ACP water main, including flexible transition couplings (flex couplings) and hardware. Flex couplings shall be installed at connections to the existing ACP water main. Flex couplings shall be fusion bonded epoxy lined and coated (long barrel type)with SS-316 hardware with fluoropolymer(Tripac 2000) or equal coated nuts per City Standard Water Specifications. All material shall be approved by the City of San Juan Capistrano public works inspector prior to installation. Contractor shall locate all existing ACP collars and remove 1-full joint of pipe to provide room for new pipework. Contractor may not cut ACP under any circumstances. Contractor shall dispose of removed ACP at an approved disposal site at his cost. Measurement and Payment—The unit price per each for this item shall include all labor,materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefore. • BID ITEM 22—UNSUITABLE MATERIAL The contractor shall inform the Engineer immediately if unsuitable material is encountered upon which the bedding material or pipe is to be placed. This unsuitable material should be removed to a depth ordered by the Engineer and replaced with bedding material suitably identified in accordance with Section 306-1.2.1 of the Standard Specifications. Measurement and Payment—For this bid item,the unit price should reflect that any quantity from zero(0)to thirty(3 0)tons may be required and that no adjustment to the unit bid price will be made. The unit price per ton for unsuitable material shall include all labor,materials,tools,equipment and dump fees necessary to complete the work as specified and no additional compensation shall be made therefore. This item can be deleted or reduced at the direction of the Engineer. BID ITEM 23 —ADDITIONAL BEDDING The work for this item shall include furnishing and placing additional bedding to replace unsuitable material excavated under Bid Item 21 to the requirements of Section 306-1.2.1 of the Standard Specifications. For this bid item,the unit price should reflect that any quantity from zero(0)to thirty (30)tons may be required and that no adjustment to the unit bid price will be made. Measurement and Payment—The unit price per ton for replacement of unsuitable material shall include all labor,materials,tools and equipment necessary to complete the work as specified and no • additional compensation shall be made therefore. This item can be deleted or reduced at the direction of the Engineer. DS-7 BID ITEM 24—INSTALL AIR-RELEASE ASSEMBLY The work for this item shall consist of installation and construction of air release assembly per the • Utilities Department Standard No. W-16. Work shall include all sawcuting,removals, excavation, installation and back fill of trench to complete the air release installation. Measurement and Payment—The unit price per each for this item shall include all labor,materials, tools and equipment necessary to complete the work as specified and no additional compensation shall be made therefore. BID ITEM 25 —TRAFFIC CONTROL AND PUBLIC SAFETY The contractor shall provide and maintain traffic control devices during the construction of the project until striped. In addition to those provisions of Section 7-10 of the Standard Specifications for Public Works Construction(Green Book)dealing with Public Convenience and Safety,the following requirements are included as contract specifications: All warning and regulatory signs,lights, and devices used for the protection of the public on the project shall conform to those described in the current issue of the State of California Manual of Warning Signs,Lights,and Devices for use in performing Work Upon Highways as required by Section 21400 of the California Vehicle Code. • The contractor shall have traffic control plans prepared by a Registered Traffic Engineer. The plans are subject to approval of the City Traffic Engineer. The work shall also include providing and installing advance notification signs seven days prior to the start of construction, including any shown on the plans. No lane closure shall be in place prior to 9 a.m.Lane closures shall be removed no later than the end of the working day by providing plates or other such devices where trenches still exist. Measurement and Payment — The lump sum price for Traffic Control and Public Safety shall include all work specified and shall include all labor, materials, tools and equipment necessary to complete the work as specified and no additional compensation shall be made therefore. INCIDENTALS The following items are considered incidentals to the bid items shown above and will not be paid for separately. Accordingly, these costs should be prorated to the appropriate bid items. A. PUBLIC NOTIFICATION 1. The Contractor will notify the occupants of all affected properties fourteen days and, • again, two working days in advance of construction operation. 2. Should scheduled work need to be cancelled,the Contractor will notify the occupants of all affected properties, as soon as possible, and provide them notification again two DS-8 working days in advance of construction operation. The Contractor's notification shall be accomplished by the hand delivering of individual letters of • notification to the occupants of all affected properties. A facsimile notification letter shall be submitted for review by the Engineer fourteen days prior to its intended use. Measurement and Payment—Public Notification will not be measured and paid for directly, but shall be considered as a subsidiary obligation of the Contractor with costs included in the prices bid for the items to which they apply. Public Notification shall include furnishing all labor, materials, tools transportation,signs,sign support structures,equipment and incidentals necessary to carry out the work as specified, and no additional compensation shall be made therefore. B. DUST CONTROL AND CLEANUP Dust control and construction cleanup shall conform to Section 7 of the Standard Specifications. Measurement and Payment—Dust Control and Cleanup will not be measured and paid for directly, but shall be considered as a subsidiary obligation of the Contractor with costs included in the prices bid for the items to which they apply. Dust Control and Cleanup shall include furnishing all labor, materials,tools transportation,signs,sign support structures,equipment and incidentals necessary to carry out the work as specified, and no additional compensation shall be made therefore. C. REMOVAL AND DISPOSAL OF MATERIAL • Removal and disposal of materials shall include removal and disposal for construction of storm drain and sewer system improvements including mainline and lateral pipes,catch basins,manholes and all other facilities indicated on the plans or as instructed by the City Engineer. Existing pavement shall be sawcut to the limits set forth by the City of San Juan Capistrano Standard Plan No. 700. All joins to existing conditions shall be constructed to provide a smooth transition with the reconstructed pavement, as directed by the City Engineer. Removal and disposal of materials shall conform to the provisions in Subsection 300-1.3, "Removal and Disposal of Materials," of the Standard Specifications. The Contractor shall comply with the requirements set forth in Section 7-10.2, "Storage of Equipment and Materials in Public Streets,"of the Standard Specifications for storage ofmaterials in public streets. All removed materials shall become property of the Contractor and shall be disposed of outside of the right-of-way in accordance with Section 300-2.2, "Unsuitable Materials," and Section 300-2.6, "Surplus Material,"of the Standard Specifications. Except as otherwise specifically authorized by the City, all self-propelled equipment used by the Contractor in excavation,breaking and removal operations for improvement work shall be equipped with rubber tires. • The Contractor shall take all necessary measures in order to avoid the nuisance of excessive dust resulting from the process of breaking,reconstructing and removing any materials on the project site. Such measures shall be employed for the duration of the contract work. Refer to Section 7-8.1 of DS-9 the Standard Specifications. Measurement and Payment—Full compensation for conforming to the requirements of this item • shall include all labor, materials, tools and equipment necessary to carry out the work as specified and may include re-striping within the limits of construction. This work shall be considered as included in various items of work. No additional compensation will be allowed. D. TRENCH SHORING Trench Shoring for the PROJECT shall conform to the provisions in Subsection 306-1.1.6,"Bracing Excavation," of the Standard Specifications. CONTRACTOR SHALL OBTAIN A CAL-OSHA PERMIT PRIOR TO ANY TRENCH EXCAVATION. The contractor's attention is directed to the provisions in Subsection 7-10.4.1, "Safety Orders," which require submitting a shoring/bracing plan for City review and approval. Trenches exceeding four(4)feet in width,require the contractor to submit a detailed engineered steel plating plan. Approval by the City Engineer of the shoring drawings or shoring inspection performed by the City Engineer will in no way relieve the contractor of full responsibility for adequacy of the shoring. Construction is taking place in a developed residential area; the contractor shall take all necessary precautions to protect the public,especially children,from the hazards of open excavation. Trenches • shall be covered at night and on weekends and during non-working hours. Measurement and Payment—Full compensation for conforming to the requirements of this item shall include all labor,material, equipment and incidentals necessary to complete the work in place and shall be considered as included in various items of work. No additional compensation will be allowed therefore. E. BEDDING AND BACKFILL The contractor is referred to Section 306-1.2.1, "Bedding," and Section 306-1.3, "Backfill and Densification," and to City of San Juan Capistrano Standard Plan No.s 700 and 804. The following recommendations are provided as a guide for the field quality control of the earthwork. Additional consultation may be required during construction. a. Trench excavations to receive backfill should be free of trash, debris or other unsatisfactory materials at the time of backfill placement. b. Trench zone backfill shall be compacted to at least ninety (90) percent of the laboratory maximum density as per ASTM Standard D 1557 test method. At least the upper one(1)foot of trench backfill underlying pavements should be compacted to at least ninety-five(95)percent of the maximum density as per ASTM Standard D 1557 test method, or as required by the City of san Juan Capistrano standards. • C. Particles larger than one(1) inch should not be placed within twelve(12) inches of the pipe or pavement subgrade. Rocks larger than three (3) inches in the largest dimension should not be placed as trench backfill. No more than thirty(30)percent DS-10 of the backfill volume should be larger than 1/4-inch in the largest dimension. Gravel should be well mixed with finer soil. d. Trench backfill should be compacted by mechanical methods, such as sheep foot, • vibrating or pneumatic rollers or mechanical tampers to achieve the density specified herein. The backfill materials should be brought to within three (3) percent of optimum moisture content then placed in horizontal layers. The thickness of uncompacted layers should not exceed eight(8)inches. Each layer should be evenly spread,moistened or dried as necessary,and then tamped or rolled until the specified density has been achieved. e. The contractor should select the equipment and processes to be used to achieve the specified density without damage to adjacent ground, structures, utilities and completed work. f. The field density of the compacted soil should be measured by the ASTM Standard D1556 or ASTM Standard D2922 test methods or equivalent. g. Observations and field tests should be performed by the project soils consultant to confirm that the required degree of compaction has been obtained. Where compaction is less than that specified,additional compactive efforts should be made with adjustment of the moisture content as necessary,until the specified compaction is obtained. h. It should be the responsibility of the contractor to maintain safe working conditions during all phases of construction. i. Trench backfill should not be placed, spread or rolled during unfavorable weather conditions. When the work is interrupted by heavy rain, fill operations should not resume until field tests by the project's geotechnical consultant indicate that the moisture content and density of the fill are in compliance with project specifications. • Imported soils, if any,used as compacted trench backfill should be predominantly granular and meet the following criteria: a. Free of all deleterious materials. b. Contain no particles larger than three (3) inches in the largest dimension. C. Contain less than thirty(30)percent by weight retained on '/-inch sieve. d. Contain at least fifteen(15) percent fines (passing#200 sieve) e. Have a Plasticity Index of ten(10) or less. Measurement and Payment—Full compensation for conforming to the requirements of this item shall be considered as included in the various items of work and no additional compensation will be allowed therefore. F. AC PAVEMENT RESURFACING AC Pavement resurfacing shall follow the requirements set forth in the City of San Juan Capistrano Standard Plan 700. Measurement and Payment—Full compensation for conforming to the requirements of this item shall be considered as included in the various items of work and no additional compensation will be allowed therefore. • DS-11 APPENDIX A Special Provisions for the Construction of Sanitary Sewers 1 1 1 1 1 1 1 SPECIAL PROVISIONS FOR THE 1 CONSTRUCTION OF SANITARY SEWERS 1 R 1 1 4 CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO, CALIFORNIA 1 1 - y 1 1 _ 1 ADOPTED BY RESOLUTION NO. 78-2-15-3 Y ON FEBRUARY 15, 1978, BY THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA. 1 1 1 s _ RESOLUTION No. 78-2-15-3 r ` PUBLIC WORKS CONSTRUCTION ST.INDARDS 'HODIFICATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MODIFYING f THE PUBLIC WORKS CONSTRUCTION STANDARDS BY ESTABLISHING SPECIAL PROVISIONS FOR SANITARY �. SEWER CONSTRUCTION IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE NO. 349; STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION WHEREAS, the City Council has adopted Ordinance No. 349, e Standard Specifications for Public Works Construction; Section 2 of said Ordinance permitting the modification or amendment to the . approved Public Works Construction Standards; and, �. WHEREAS, the City Engineer has established that the ' Special Provisions for the Construction of Sanitary Sewers are comparable to existing construction methods throughout the County of Oranqe. Three (3) copies have been and now are filed , in the office of the City Clerk for examination. NOW, THEREFORE, BE IT RESOLVED that the effective date of this Resolution shall be March 2, 1978. PASSED APPROVED AND ADOPTED this 15th day of ' February 1 1978 , by the following vote,— to wit: AYES: Councilmen McDowell, Friess, Nash and Mayor Heckscher NOES: None ASSENT:. Councilman Sweeney 0. HECKSCHER, MAYOR ATTEST: CITY CLFfRK STATE OF CALIFORNIA ) 1 COUNTY OF ORANGE S as. CITY OF SAN JUAN CAPISTRANO ) 1 ' I, NARY ANN HANOVER, City Clerk of the City of San Juan 1 Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 78-2-15-3 , adopted by the City Council of the City of San Juan Cap:.strano, California, at a regular meeting thereof held on the 15th day of February 1978 � I (SEAL) L /i �OVE �'MARY ANN CITY CLERK i • -1- k I ! TABLE OF CONTENTS k I ! SECTION I: EXECUTION OF WORK PAGE k - I I-Ol TRENCH EXCAVATION AND BACKFILLING . . . . . . . . . 1 k k I-02 PROTECTION OF EXISTING UTILITIES . . . . . . . . . 3 I I-03 PIPE LAYING . . . . . . . . . . . . . . . . . . . . 4 ! kI-04 MANHOLES . . . . . . . . . . . . . . . . 6 k I-05 CONNECTION TO EXISTING MANHOLES . . . . . . . . . . 7 k ! I-06 HOUSE CONNECTIONS . . . . . . . . . . . . . . . . . 7 I-07 SEPARATE WYES AND TEES . . . . . . . . . . . . . 7 I-OS TESTS`.FOR LEAKAGE . . . . . . . . . . . . . . . 8 k ! LIST OF STANDARD DRAWINGS . . . . . . . . . . . . . . 10 1 ! 1 1 - THE CONSTRUCTION OF SANITARY SEWERS SHALL BE DONE IN ACCORDANCE WITH THE PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC ! WORKS CONSTRUCTION 1976 EDITION AND THESE SPECIAL PROVISIONS. A COPY OF EACH SHALL BE MAINTAINED AT THE PROJECT SITE AT TEL TIMES. i • i` i% r' SECTION I • i? EXECUTION OF WORK t' i' I-01 TRENCH EXCAVATION AND BACKFILLING: A. Excavation: Excavation for trenches shall include the re- moval of all material of any nature for the installation i) of the pipes or structure and shall include the construc- tion of trench shoring and timbering and all neqessary C installations for dewatering as required. The Contractor shall familiarize himself with, and shall conform to the regulations of the "General Construction Safety Orders" and "Trench Construction Safety Orders" of r" the State of California, Department of Industrial Relations, Division of Industrial Safety. Whenever the trench excavation is made in undisturbed ground and- the earth is of a stable, well-consolidated material, tunnels connecting open trenches may be con- structed provided the roof of the tunnel slopes at a mini- mum of one (1) foot vertical to three (3) feet horizontal and a minimum clear space of two (2) feet is allowed above the top of the pipe. Bell holes shall be excavated in the bottom of the trench, when required, of sufficient size and depth to permit con- i structiug the ,joints. Between bell hole's, the entire length bf--the pipe shall have a. uniform bearing upon undis- turbed soil. Excavations for manholes shall be of sufficient width. to leave at least six (6) inches in the clear between their i outer suriace and the embankment or timbering which may be used. B. Minimum Width of Trench: The minimum width of pipe trenches, measured at the crown of the pipe, shall not be less than twelve (12) inches greater than the exterior diameter of the pipe, exclusive of bells, and the minimum base width of such trench shall not be less than twelve (12) inches greater than the exterior diameter of the pipe exclusive of special structures or connections, and such minimum width shall be exclusive of all trench timbers. R C. Maximum Length of Open Trench: Except by special permission t by the Engineer, the trench shall not be open for a total of more than 500 feet at any given time for the total project . 1 .. s D. Maximum Width of Trench: The maximum allowable width of trench for all pipelines measured at the top of the pipe shall be the outside diameter of the pipe (exclusive of bells or collars) plus sixteen (16) inches, and such maxi- mum shall be inclusive of all timbers. A trench wider than the outside diameter plus sixteen (16) inches may be used without special bedding if the Contractor, at his expense, will furnish pipe of the required strength to carry the additional trench load. Such modifications shall be submitted to the Engineer .and approved in writing. I '. Whenever such maximum allowable width of trench is exceeded for any reason except as provided for in the .plans or ,. specifications, or by the written direction of the Engineer, the Engineer may require, at his discretion, that the Con- tractor, at his expense for all labor and materials, cradle the pipe in Class 420-C-2000 concrete. E. Backfilling Excess Trench Depth: If any trench, through �. the neglect of the Contractor, be excavated below the bottom grade as required by the profiles, it shall be refilled to grade, at the Contractor's expense for all labor and material, with clean sand or sand and gravel well tamped in place. ' F. Bracin Trenches : The sides of the trenches shall be sup- ported with plank sheeting and bracing, and all tunnels shall be timbered wherever the ground will not stand un- supported. In all cases the sheet piling or timbering • shall be redrawn as the work progresses, in such manner as to prevent as much as possible the caving inward of the ( sides of the trench. All excavations shall be done in accordance with all laws and ordinances of the County or State as they may apply. G. Crushed Rock Bedding: Where ground water is encountered or the native material does not afford a sufficiently solid foundation for pipe sub-grade as specified above, the Contractor shall excavate to such depth below sub- grade as the Engineer decides is necessary and shall con- struct a stable base by placing crushed rock bedding upon which sub-grade can be prepared. Crushed rock for bedding shall be two-inch (211) maximum size. i R. Pipe Zone Backfilling: The pipe zone shall be considered to extend Prom the grade line to a minimum of twelve (12) inches above the top of the pipe. In the pipe zone, the backfill material shall consist of sand or select backfill material. Placing of the backfill material in the pipe zone shall be as determined by the Engineer. Particular attention is to be given to the underside of the pipe and fittings in order to provide a firm support along the full length of the pipe. • -2 1 I. Pipe Zone to Top of Trench Backfilling: From the top of 1 the selected backfill to the top oY the trench, the material • for backfill shall be free from stones or lumps of material exceeding three (3) inches in greatest dimension. This ( backfill material shall be compacted to a minimum relative 1 density of ninety (90) percent of maximum. This compaction shall be obtained by means of water settlement or tamping, 1 depending on the nature of the material . Sandy, granular 1 soils may be compacted by means of water settlement. The area to be backfilled by water settlement shall be diked 1 at suitable intervals so that water will be impounded to 1 sufficient depth so that earth pushed or shoveled into the area will be falling into water at all times and will 1 be completely saturated . Soils not having a sand or granu- lar nature shall be backfilled and compacted by either of the following methods : 1 1 1. The material shall be placed in layers not exceeding eight (8) inches in thickness, loose measurement, and 1 each layer compacted to a relative density of ninety 1 (90) percent or more, of maximum by means of hand or pneumatic tampers . 1 2. The material shall be placed in layers measuring at 1 least four (4) feet in thickness; loose measurement, 1 and each layer compacted to a relative density of ninety (90) percent or more. 1 / On steep slopes and other locations where compaction by' flooding is not practicable, the backfill shall be compacted by means of either of the above tamping / methods . / Backfill material .placed within twelve (12) inches or less of base of pavement, sidewalk, curb, or concrete structure, shall have an expansion, when saturated with / water,. of less than one and one-half (1-1/2) percent, ' and akminimum compacted density of ninety (90) percent of maximum. Any excavated material which does not con- form to these specifications shall not be used for this portion of the backfill and new material conforming to theme requirements shall be obtained and placed at the / Contractor's expense. 1 . / I-02 PROTECTION OF EXISTING UTILITIES: A. General: Utilities for the purposes of these specifica- tions shall be considered as including but not limited to: / Pipelines, conduits , transmission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) and those of private indus- try, businesses, or individuals solely for their own use or for use of their tenants ; and storm drainage , sanitary 1 sewers, street lighting, and traffic signal systems. The -3- A r accuracy or completeness of the utilities indicated on the drawings is not guaranteed. Service connections to ad- jacent property may or may not be shown on the drawings. 1 It shall. be the responsibility of the Contractor to deter- mine the exact location of all utilities and their service connections. The Contractor shall make his own investi- gations as to the location and type of existing utilities 1 and their appurtenances and service connections which may be affected by the contract work and shall notify the 1 Engineer as to any utility located by him which has been 1 incorrectly shown or omitted from the drawings. 1 B, Responsibility of the Contractor: The Contractor shall be held responsible for all costs , for the repair of any and 1 all damage to the contract work or to any utility (whether 1 previously known or disclosed during the work) , as may be caused by his operations . Utilities not shown on the draw- ings to. be relocated or altered by others, shall be main- tained in place by the Contractor. At the completion of the contract work, the Contractor shall leave all utilities 1 and appurtenances in a condition satisfactory to the owners 1 and the City. / 1 I-03 PIPE LAYING: r After the trench for the pipe has been excavated to the proper line and grade in the manner before specified, the pipe shall be laid therein in the following manner: Before lowering, and while suspended or standing vertically at trench 1 side, the pipe shall be inspected for defects and rung with a light hammer or other metal object to detect cracks. Any defective, damaged, or unsound pipe shall, be rejected. Before any pipe is lowered into place, the trench bottom shall be prepared so that each length of pipe 1 shall have a firm and uniform bearing over the entire length of the barrel . ; All adjustitents in line and grade shall be made by scraping away. or filling and tamping in under the barrel of the pipe and not wedging or blocking. The faces of all spigot ends and all shoulders in the hubs or sockets must be true and brought into firm contact, and any lumps and excrescences on said faces shall be out away before / the pipe is lowered into the trench. The pipe shall be laid, without break, upgrade from structure to structure and with the socket upgrade. Whenever the work ceases for any reason, the unfinished end of the / pipeline shall be securely closed with tight fitting plug or cover. The interior of each pipe , after being laid, shall be thoroughly 1 cleaned. A. Jointing Vitrified Clay Pipe: Mechanical compression / joints for vitrified clay pipelines shall be assembled in 1 accordance with the manufacturer's recommendation. Care shall be taken to insure that a tight compression joint is / effected upon assembly. 1 1 B. Jointing Cast-Iron Pipe: • 1. Lead Joints : The spigot end of the pipe shall be inserted for the full. length of the socket in such a manner that the inside surface of the pipe shall be flush and even. For leaded joints a gasket of oakum shall be driven tightly into the joint from the outside using a caulking iron, leaving a depth of at least 2-1/2 inches of the annular space clear to receive the lead. The oakum shall be so placed that a gasket of uniform thickness is obtained. It shall be. driven back solidly so that there are no loose ends protruding. A suitable runner mudded with clay shall then be placed around the pipe and the ends of the runner shall be clamped, leaving an opening at the top of the pipe slightly off center and sufficiently large to allow the lead to be poured.' The lead shall be heated to a i temperature such that when stirred it will show a rapid change in color. Scum shall be removed before pouring. Lead shall be poured at a good speed to fill the joint I completely in one continuous operation. The runner shall not be removed until the lead has solidified. After the runner has been removed, the .lead shall be 1 thoroughly caulked in such a manner as to secure a 1 watertight joint without overstraining the cast iron bell. The face of the completed joint shall be flush 1 with the face of the bell. Spongy or imperfectly filled I joints shall be burned out and repoured. 2. Mechanical Joints: Joints shall be in accordance with AWWA C-111-64. When tightening bolts the gland is to 1 be .brought up toward the pipe flange evenly, maintain- ing approximately the same distance between the gland s and the face of the flange at all points around the I socket to provide an effective joint seal. 1 3. Neoprene-Ring Joints : Between lengths of cast iron pipe;` neoprene gasket joints can be used . Joints shall I be ^Tyton" as manufactured by the United States Pipe and Foundry Company or approved equal. Installation 1 shall be in accordance with the Manufacturer's recom- mendations. Gasket seats and neoprene gaskets shall be thoroughly cleaned before assembly. The completed 1 joint shall have a uniform contact by the gasket between I the outer surface of the spigot and the gasket seat of the bell. 1 I C. Horizontal Separation: See Standard Drawing S-5. 1 D. Vertical Se aration: Whenever a sanitary sewer, including ouse atera s, must cross a pressure water main, the sewer shall be of one of the following types of construction: I -5- i 1. Class 150 or heavier cast-iron pipe with hot-dip I bituminous coating and with lead or mechanical • ,joints. 1 Vitrified clay pipe with reinforced concrete 1 encasement, which encasement shall have a minimum thickness of 6 inches. 1 1 Vitrified clay pipe within a continuous steel casing, which casing shall have a thickness of not 1 less than 1/4 inch and with all voids between sewer 1 pipe and casing pressure grouted with sand-cement grout. 1 I If the sewer is above the water main, the special construc- tion shall extend a sufficient distance on both sides of 1 the crossing to provide 10 feet of horizontal clearance with the water main. If the sewer is located below the 1 water main and within a vertical distance of 3 feet clear- ance distance, the special construction shall extend a suf- ficient distance on both sides of the crossing to provide 4 feet of horizontal clearance with the water main. These 1 construction requirements shall not apply to those house laterals that cross below a pressure water main. 1 1 E. Siphon Criteria: Siphons are unacceptable to the City unless extremely unusual circumstances prevail. 1 I-04 MANHOLES : Manholes shall be constructed of precast reinforced concrete sections . 1 The bottoms of all-such structures are to be formed of concrete of the 1 full thickness shown on the plans and the concrete shall be propor- tioned as herein before specified. The inside bottom of the manholes I shall rise above the footing a distance equal to the diameter of the 1 largest pipe entering or leaving the manhole, and the flow-through channel shall confgrm to the inverts of the sewer pipes. 'The surface 1 of the channel shall be troweled to a smooth and even surface. Man- hole steps shall be uniformly spaced at a maximum of 16 inches with the top step placed just under the manhole frame. The lowest step 1 shall be placed not more than 24 inches above the shelf . The top step shall project 3 inches inside the manhole and all others 5 inches . The tops of all manholes located in paved areas shall be set flush 1 with final paving grade. The tops of manholes located in improved but unpaved areas shall be set to be even with finished grade. Tops of manholes and cleanouts located in unimproved areas shall be set I to prevent the entry of surface water as directed by the Engineer. Precast manhole sections shall be -laid concentrically to I provide a smooth interior manhole surface . Joints shall be completely filled with mortar to provide watertight seals. -6- I• I-05 CONNECTION TO EXISTING MANHOLES: In the locations as shown on the drawings the Contractor shall break into existing manholes structures and install the new inlet lines as 1 specified. p New flow-through channels shall be constructed in each manhole base to accommodate the new sewer lines. Smooth transitions shall be installed from the inverts of the newly installed pipes to the exis- ting manhole outlets. Openings in the sides of the manholes shall be sufficient to permit the inserting of the sewer pipes and the forming of 5-sack grout around the newly installed pipes. Other details shall be in accor- dance with the Standard Drawings. i r I-06 HOUSE CONNECTIONS: ' The term "house connection" as used in these specifications or on the r plans is used to designate a lateral sewer, laid from a main sewer to a point at the property line, or other location, as shown on the plans, from which sewer service can be obtained by proper extension. The r house connection shall be constructed on an unyielding foundation, r with ,joints closely and accurately fitted, true to line, and on a straight grade from the bend joining the main sewer to ,their upper r ends, unless otherwise indicated on the plans. House connections r shall not be laid on a slope greater than 45 degrees from a horizon- tal line unless required or approved by the Engineer. Wyes for house connections shall be installed as specified below. The house connec- tions sewer lines shall be jointed to Y branches by eighth bends. All eighth bends are a part of the house connection sewer line. The r top of pipe of the upper end at each house connection shall be built to a depth of 5 feet below the surface of the ground, except where r different depths are indicated on the plans. Where a house connec- tion sewer is to be connected with a chimney, all bends leading away from the Y branch are a part of said house connection sewer r line. All house connections shall be installed with a suitable stopper r of the size of the connection. House connections shall be properly field marked by means of an "S" on the top of the curb or by other r means, approved by the Engineer, where necessary. r r I-07 SEPARATE MS AND TEES: r Commercially manufactured Wyes and tees shall be installed where r indicated on the plans and/or at such other locations required by r the Engineer. Where conditions are such that the connecting pipe cannot be adequately supported on undisturbed earth or tamped- back- fill, the pipe shall be encased in concrete or supported on a concrete r cradle as directed by the Engineer. Concrete required shall be in- stalled at the Contractor 's expense. All wye and tee branches not to r be joined to house connections shall be installed with a suitable r stopper of the size of the wye or tee branch. The Y branches, unless -7 ►' otherwise specified, will be inclined upward at an angle not greater than 45 degrees from a horizontal line. If so shown on the plans, T branches shall be substituted for Y branches. No Y or T branch shall ' be placed closer than 5 feet to the centerline of any manhole or clean- out.. The use of double wyes will not be permitted except as specified or required for chimneys. I-08 TESTS FOR LEAKAGE: Tests for pipeline leakage shall be in accordance with the following specifications: A, LeakageDue to Internal Pressure : In sections of line where s gnificant ground water is not present above the average pipe invert, the Engineer. shall inspect all pipe- line joints after completion of final pipe jointing. r Based on this inspection the Engineer shall decide whether water pressure tests or air pressure tests shall be conduc- ted and shall stipulate the pipeline sections to be tested ' in all sewer lines. If required, water pressure tests shall be conducted as follows: r The pipeline between manholes in the sections to be tested shall be filled with water and the ends of the line plugged r with a plumbers plug. Sufficient time shall be permitted to elapse between the filling- and the testing of the line to permit absorption of water.by the pipe walls. The man- hole shall be filled to .a level not less than four feet above the level of the sewer in the upper manhole. One gallon of water shall be added and the time required for M the watgr .level to return to the mark shall be measured. The''ti.me so measured shall not be less than that computed r by the following formula: r Minimum Time (minutes} - 7,063 Diameter (inches) x Test Length (feet) If the leakage is greater than allowed, the pipe shall be overhauled by the Contractor at hisexpense until the joints r shall hold satisfactorily under this test . B. Leaka a Due to Infiltration: If, in the construction of a sec on o t e sewer of any size, excessive ground water is encountered, the test for leakage, described in Section "A,, r above, shall not be used , but instead a test- for infiltra- tion shall be conducted for each section of the work if ordered by the Engineer. The end of the sewer at the upper structure shall be closed sufficiently to prevent the entrance of water; pumping of ground water shall be discontinued for at least three days and the section shall be tested for in- filtration. The infiltration shall not exceed 1,000 gallons per diameter inch per mile per. day of main line sewer being tested and does not include the length of house connections entering that section . Where any infiltration in excess of -8- this amount is discovered before completion and acceptance of the sewer, the sewer shall be overhauled by the Con- tractor at his expense and the amount of infiltration re- duced to a quantity within the specified amount before the r sewer is accepted. Should, however, the infiltration be r leas than the specified amount, the Contractor shall stop any individual leaks that may be observed, when ordered to r do so by the Engineer. C. Leakage Measured Using the Air Pressure Method: The Con- tractor shall plug the ends of the sewer lines being tested with plugs and brace the ends of the pipe where needed. It is recommended that the Contractor make an initial air test r of the sewer main after installation and backfill and r consolidation of the trench, and prior to installation of the house laterals. Such preliminary tests shall not con- stitute the final test.. The final leakage test shall be ' conducted in the following manner, and shall include the sewer main and laterals as a unit: The line shall be supplied with air until 3-1/2 pounds per square inch guage (psig) pressure has been reached, at r which time the flow to the pipe shall be shut off. The r Inspector will then accurately determine the time loss of 1/2 psig pressure, to 3 psig pressure. The input air pres- sure shall not exceed 5 psig and shall be regulated by a r suitable regulator valve. The air test equipment is to be approved by the Engineer. The pressure loss of 1/2 psig pressure shall not occur in a time period of less than 1 minute. If the time loss is r less than- 1 minute, the Contractor shall make such repairs as are' net;essary to the satisfaction of the Engineer to r eliminate the excessive leakage. r r r ' r r r r r r r r r WHEN SROREM ENO OF FINE IS NMTMIN MANHOLE,GPEAN( SACK FLU"vIT",INSIDE OF MANHOLE MALL AMD PLASTER KRONER EOOES SMOOTH. *MER UHDROREN ENO OF PIPE W N MANHOLE,LEAVE SOUAK ENO ANO FILL FILLETS AT UPPER SECTION TO DRAM 2.12'LONG V.C.P JOWTS THE CROWN ELEVATION OF ALL PIPER , AT INLETS AND OUTLET. GM•.I K THE SAME AS M COO11M ELEVATION OF THE LARKET MRD i WLp,J E1G OrHERWIK DMJ INITf• I ism: MR PRIME ANO COW ORAA3,Rep" TO TME FIRST TWD PIPE JOWN AVID ��q-D,STNNDMNH O MANHOLE PRIME NO MIT OIRID F EACH MALE SM" K A I IECrRNL WMHOLE !HAFT OPENING TO K RSD* PLACED OM DOWNSTREAM EIDE OP - MAGHOLE. IADDOI RUNG! AR[ _ I RGAIIAR[D. an s[Ci. I-04 TOP !TEP _— R•E%O t 0t)I[1t STEPS-11- . S,. I{ 1 I I � ' AN • STINNI TYPE BAFETY STEP! SPAM It aC.'AR[ I 'r1 WT N PUCE At TIME OF MANUFACTIRK. PLASTER FILLETSTEP DETAIL i TOP OF PAVEMENT OR STEP"OTC EXISTING MADE. ATEG AL SMALL KQ GOWL STTEEELL ACFiLCRAMNS To I� M ACOOAO FRIM A-STAL A-123. /z'CEMENT MORTAR I I 2-3nCOLLAR lLCTONS G*, l4A 7 - -_ .__lk.- p Z' COIN SMALL BE ECCETITRH:TO THE DOWN STREAM $IDE OF THE o VMHOLE. n _ N/2 GROUT RETWEEM I - BEVEL JOINTS. AG' i - -- CONE DETAIL • A, ~ SEE STEP DETAR. i W UPPE11 RIGHT. WATER TIGHT 'S' J0111T7 lrrtl Zvi. 2' 1I/2'1 f i- i IF iirl �M4• CROWN ELEVATOR -10 K EQUAL i JOINT DETAIL I i BASE ftUGED AGAINST UNDOTWIKD SOIL. i i STANDARD 48" MANHOLE P NOTE: 46"1.0. MANHOLE t0 BE USED ON SEWERS 2d' IN DIAMETER AND UNDER. i CITY OF SAN JUAN CAPISTRANO STANDARD MANHOLE DETAILS i 1978 w• (�• S- ' CNK PLUSNe1TN UIe10E OI (!•SECTION•INL[T ANOOYTL[T ITT0.1 wNNoIL.IY'OIIeR costs !MALL LL R.AsrtNee MRTM ACEMeMT MIOIITAR TO GIM[1 iM00TY 24-1.0414 ![C TION M CMTSAMC[TO SMS NPL NL I! 71• WHIM MAINLINE o ON LA TM[CROeM[[[NITON 0I ALL ---- -- AR49M[R• INL[T AMO OUfUT(TTP./ r Al !MALL M 7TK LAIe I . AS T11[CROeN 4[YATIOM a -- --.. . M LAPOUT PIPE LWJ M so I aTYeow= UweaQ IA P«. - I[ LONG VCP JOINT .3 AT INL[T!ITTPA ' FLAW 11-1 IE-•G SANe NOO[e0 - I _ -+ AT CACN LNG. i y� TML MANHOLE / M.IMT,Tt ?' INAPT OPENING PIM' SNI% I .y (MALL Oe PLACES Rf eY THE OOMNETN[AN 11.Axe files OF THE 1 I ECCENTRIC FLAT TOP to PLAN T • me K• mo PLASTER FLLCY i Cwkdw YOIITAe�Y TO►Or PME� TING A OR EXISTINGM40[. � � '• •• ••... ti i j 1 � =CENTRIC FLAT TOP DETAIL Y -e•COLLAN /LCTIOIIs Ile COMM OWAS ►R[CIfT CONCRETE [ 1/e• ft STANDANO$0•LaWI t� NIMO SECTION [ KAe • [ SAO• seCTION 6CC[NTRIC COM[ )O.7 WE I:•. I •. ET-NMN WITH 1 THICK MALL[ �_I r ._��� 1 ---- CEMENT MORTAR PILLET J� r- - '�•'�'-; - I+-•-]O La■7S 6b.LCl2NTRIC I I y['MoOT FLAT TM.[CCLNTMC TO TNe OOYII STREAM SIDE OP TME 3svee VG• rit - YAMNOLL m PUT[ 3-I FOR ,POINT DETAIL STEP OETARA.NOTE: PSR LATE ANS COVIN MO AR.SMAN OLDER ^• L PPRRMK AAM Co "RAND MAwNDLs Ma" .__. !1 POM SIZE AGAINST UNOISYURS[S $OIL. ELEVATION . NOTE: THE STANDARD t0 INCH MANHOLE SHALL K USED ON SCWCRS 24• IN DIAMETER AND LAR"R,OTHER SPECIAL CASES, OR WHEN THE INVERT OF THE MANHOLE 1& 121 DEEP, CITY OF SAN JUAN CAPISTRANO STANDARD 60INCH MANHOLE 1978S-• 2 i i .. i CONTIMYOYE elaaSsao-c-eooa i + CAN" LE i [ACR/ill RTTII �, .. LEAN GROUT 4 ' OVERALL SELL i CARRIER NP SN1[RSIML! .. / MEC". '*0. ' ! T r I T4 N/AP'[110 [RIO[ I'MRt CL. EIID MOOR �.�-!•CL. r AT 24' O.C. r �TV AMCHOM AN*/** L " REINFORCED CONCRETE CARRIER A"OJOR L59 SAVOR[ [ROUTINE To ENCASEMENT i AVOID FLOATING. r CONCRETE EIICASEMEMT !MALL DE EXTENDED TYPICAL PIPE CASING TO S' FROM SELL AND A ORE 0007 SECTION of PIPE SMALL 1E USES DEFORE AMO AFTER i THE ENCASEMENT. APRY FORM OR.OR THIN PLASM SMELT ON OTMOI ® /OfYRAELL MATERIAL TO PREVENT SONOMML r r r LDCATS scm WITH A 1-1/24NIOH'S' CRINKLED N T'OP OF CURD WHERE THE LATERAL CROman UNDER THE CYRN. WHERE NO CW twors OR WHERE THE LATERAL EMOG W OR MORE SACK r OF CURS,K4= A 4`X 4'X SAO•STAKE rEXTEOIIM E ASGYE.FINIS"GRADE. b MIENS IMP SITE IS INETALLSO wnvw-r NONE-LATERAL•TMt MTS r SMALL BE PWOOEO WITH A Y.C.PLUG • . OR N[oM[Nt STOFKR. I. ": 00'1EII.COYG PROPER" IJIt UNC 4 Por MUt SLOP[ y, u MoIt C am I SOPREW STOPPER MQ�Mn UO O I/M SEMO$AS aR[ t— ARAYEL ll CRUSNfD ROCK NEDONO TO ammuNt OF MVE - ANNLOFEET[ACM SEE OF LATERAL. TYPICAL MOUSE LATERAL CITY OF SAN JUAN CAPISTRANO PIPE CASING , CONCRETE ENCASEMENT 8 HOUSE LATERAL 1978 • n S- ' CITY NGiN F r N I A MMI, 021 AL OVER OAOAI(TYR) PEATN(R TO .10111 ' +- top"T(0 COMPACTED I (ACKFILLP —� BB%COMPACIICM DP &L(T".) SELECT a ECTTM MATERIAL COMPACSELECT MATERIAL90 t0 To so ALL.O(NSITT. RLL.DtMST. i M GRAVEL OR f \ CLEAN 1Mq N CMSNED ROCK N o- r °� PIPE SUB-MAD[ d PPK 1!M-40RAD( PIPE FOUNDATION I y, TYPE I TYPE It r i r COYIAGTCO• COMPACTED BACKFILL OAONPILL acuer rArauL - COWAACCTTTMATERIAL TTO 90% S ONACTEO TO REL DENSITY REL. IM:NSTT �- CLAS(420-0.2000. / CONCRETE ® PIPE SUM-MAO[ A' PIPE FOUNDATION •,—'L \—NAND SNIPED FROM MAXIMUM TO[( DETERMINED ± UNDISTURBED SOL IM FIELD RT THE CITY ON THE BASIS Si OF MAXIMUM OVERMIOTN EXCAVATED. TYPE III TYPE IV 1.THE 1. INE TRENCH WIOTM 0[R T Of THE 20119 BNALL •[ WRHIR THE fOLLLIMITS AW1MB MITB TTI[ I,II.ANDE REDONE-MAXIMUM TREMCHWIVNWIOWAFERLIMITTM-O.O.W PIR!OR SELL PLUS 11' MINIMUM TRENCH VNOTH-O,D.OF 0409 OR BELL PLIM TV S.TTP9 IS B9OCIN4 WALL K USED WHERE THE TRENCH WIDTH AT THE UPPAR UWT OF THE PIP[ ZONE EXCEEDS THE MAXIMUM gOTN BKCIPIED MOVE. ® l BAONPILL ABOVE THE PIPE ZONE .SHALL CONPOOM TO TIME R[CYIRIMENTS OUTLINED IN SECTION 3" L3 Of THE STAMOARO SPECS. ♦minimum FANNON SECTION IS 25 AC OVER SOAA ON Al SPECMm BY THE CITY ENBIMEER. FEATHER AND d01N TO THE EXISTING PAVEMENT TO MTHE NANSPACTNMI DP TM( CITY ENGINEER. CITY OF SAN JUAN CAPISTRANO PIPE BEDDING DETAILS ® 1978 S_ 4 ZrTY EN .�! r r, DESIGN REQUIREMENTS FOR SANITARY SEWERS IN THE VICINITY OF PRESSURE WATER MAINS 1 1 1 , , 1 �z ZONE 0 2� ZONE e 1 lQ p' 1 _ 1 WATER 4' WATER 4' 1 ,. MAIN MAIN ZOK _ zow 1 4' 1 ID' 3 l0' ZONE - 1 A ZONE D A (I �, / 1 PARALLEL CONST. PERPENDICULAR CONST. 1 ' IF A SANITARY SEWER IS TO BE IF A MAIN LINE SEWER MUST CROSS A - LOCATED WITHIN 10 FEET OF A PRESSURE PRESSJRE WATER WITHIN ANY OF THE ABOVE WATER MAIN WITH!N ANY OF THE ABOVE INDICATED ZONES, OR IF A HOUSE LATERAL INDICATED ZONES .SPECIAL CONSTRUCTION MUST CROSS IN ZONE 8, SPECIAL CONSTRUCTION WILL BE REOUIRE6 AS SHOWN BELOW. WILL SE REO:IREO AS SHOWN BELOW. ZJNE SEWER CONSTRUCTION REQUIREMENTn A '4 C.P. WITH COMPRESSION JOINTS. 8 OR C -- C.!P. (CLASS ISO) APPROVED MECHANICAL JOINTS; OR V.C.P. WITH SPECIAL CONCRETE ENCASEMENT PER ( DETAIL I ); OR V.C.P. GROUTED IN CONTI- NUOUS STEEL CASING. 0 DO NOT LOCATE ANY PARALLEL SEWER IN THIS AREA wqPobUT HEALTH DEPARTMENT -APPROVAL. 1 GENERAL NOTES Na 4 BAR 1. EXTEND BOTH ENOS 'IF ENCASEMEIIT TO A POINT ONE INCH SHORT OF FIRST PIPE JOINT DE/ONC T ;, .�:, no. s Hopre I LOCATIONS SPECIFIED ON P'-AN. USE ONE FOOT SECTION • • •T 24 Ac OF PIPE AT BOTH ENDS BEFORE USING STANDARD LENGTHS. ® 2. APPIY FORM OIL, THIN PLASTIC SHEET, OR OTHER ACCEPTABLE MATERIAL TO PIPE, TO PREVENT BOND ® BETWEEN PIPE AND CONCRETE. .. ` I• :: tat 3 USE CLASS •20-0-2000 PC.C. FOR ALL CASES. N 4BARS I SPECIAL ENCASEMENT DETAIL I D AO 444X" WL4� Is- ' (SEE STO. S-3) I o, Q SOS/ n .lta9 ,wr�Iif� .. I CITY OF SAN JUAN CAPISTRANO SEPARATION OF WATER AND SEWER LINES S-I CITY cN..WG /`c T _ ne i 5 r TIS KLL ON THIS COLLAR WYE SADDLE SMALL NOT . r II-ENCASED IN CONCRETE. TA►TO Gc MADE AT APPROX. 4L or Jahr. ENCASE 11'IAOM Sot OF OKxIMG WMr"CLASS 420.0-2000 RCC. M� - 1 r.A � . r 4444 / COMCMIErE 1 EIICAWMENT. 1 �A wN wEL� r ELEVATION SECTION A-A r r r EXIST. Y.C.R. It EXIST. V.C.R. r I I j DETAIL MAKING CONNECTION - Al TO AN EIf STING SEM1R: FOR MMAKIRG G' LATERAL ON 1 j I 1 I I S' MAIN OR AS REQUIRED SY i 1 1 THE CT' ENGINEER. I `•� .GAMO SEAL" ADJUSTABLE REPAIR r NEW V.C.R. TEE OR WYE SECTION COUPLING, OR APPROVED EQUAL WIT" PLAIN ENDS (2 RSO'O.) s.. COLLAR WYE SADDLE Mortal 1. rW USES LINE SMALL GE SCORED TO THE APPROXIMATE SNAPS or rHE COLLAR WYE OR TEE FITTING.THE CONTRACTOR ' SMALL EITHER CUT A NEAT OPENINS WITH A CIRCULAR CERAMIC SAW OF 2,4-6-OR I'DIAMETERS/OR MAXE A SMALL MOLE, MOT LARGER THAN OIL-14014 IN DIAMETER,IN TNT APPROXIMATE CENTER OF THE SCORED AREA WITH A POINTED TOOL,MIALAM TOA MAGpMtS IKML ANp OMP MITN ACUS SMO. ANO SNORT HAROLE,HAND MELD HAMMER IN A SPIRAL FASHIO" TO THE SCORED LINE. 1. THE OONTRACrOR SMALL SECURE THE COLLAR WTI SADDLE TO TNT SEWER AS APPROVED BY THE CITY EMGIgm. S. THE CONTRACTM SMALL ENCASE THE SADDLE CORRECTION WIT"CLASS'QO•0*opo P.MAPTETI THE CONNECTION 13 APPROVED K THE arT mINE TO THE LIMITS INDICATED AGOVE • THE CONTRACTOR SMALL KEEP ALL CLAY CHIPS,DIRT•EPDXT,MORTAN,AND CONCRETE OUT OP rNE SEWER SADOLED,ANDSNALL 1 PERFORM A CLEANIMG AMID GALLING OF THE REACH SADDLED IF DIRECTED TO 0080 BY THE CITY IMMM. S, THE CON,RACTOM SMALL REPAIR OR REPLACE ANY DAMMED PIK AS DIRECTED ST rMt CITY ENGINETR. 1 S. TME COINTRACTOR SHALL EPDXY ALL SADDLE CMNSCTtoH1 TO THE SATISFACTIDN OF TNI CITY S"GINEER. CITY. OF SAN JUAN CAPISTRANO SADDLE CONNECTION 1 1978IA! • C-6 1 J 1 ►. W ❑ a o ❑ • 4 a s a a a ❑ ► A C ° ❑ - W4'0 a0 C t a ❑ y o a C a 3�' O00 ❑ a ❑ ❑ a ❑ 1 1 00 ❑ ❑ o a Cl 13 1 a a ❑ ❑ ❑ a 1 0 0 0 ❑ 1 ► COVER — BOTTOM VIEW COVER —TOP VIEW ► T-- �i-13 --1�.- ► B SECTION C-C ► ,y NOTES: ► CAST IRON SHALL HAVE MINIMUM TENSILE STRENGTH OF 30,000 LBS. I PER SQUARE INCH. HA` FOUNDRY OO TYPE A-1270 ► AL ► WEIGHT OF FRAME AND COVER =440 LBS MINIMUM ► 'CASTINGS SHALL CONFORM TO ► RING PLAN AITM. A 48 CLASS 35. ► ► 34" _ ► 23I " ► i ► : I I m ► ► SECTION B —B ► CITY OF SAN JUAN CAPISTRANO ► STANDARD MANHOLE FRAME & COVER 1 1978 w Q^7 c TY EN E c17629 oATF 1 COVER,FRAME 11 CONC. i I PAD TYPICAL FOR /6",9",OR 10' 1.0. SEWER. I I - 1r/ I CO ER 1 STREET SURFACE I ' I , ` CASTING I CLASS 560-C-3250 P.C.C. . i I SIDE VIEW ' 1/6 BEND r FINGER HOLE \ el. G9 / O / 24" CA 1 2 • ' CL 560-C•3250 `r0/ P.�*. ` \ < TOP VIEW "y ' N Py YE BRANCH ALHAMBRA . FOUNDRY PLUG A-1240 OR; EQUAL —~`- C, MAIN LINE V.C.P. !, TOP VIEW NOTES: 1. CLEAN-OUT PIPE MUST BE 2. CLEAN-OUTS ARE FOR COMMERCIAL OR $AME DIAMETER AS MAINLINE INDUSTRIAL USE ONLY AND ARE TO BE t $EWER. LOCATED AT IL CITY OF .SAN JUAN CAPISTRANO STD. CLEAN—OUT s 19781 -"C1Y ; S- 8. Geotechnical and Environmental Sciences Consultants • GEOTECHNICAL EVALUATION ALIPAZ STREET SEWER LINE SAN JUAN CAPISTRANO, CALIFORNIA PREPARED FOR: Hall & Foreman, Inc. 420 Exchange, Suite 100 Irvine, California 92606 • PREPARED BY: Ninyo &Moore Geotechnical and Environmental Sciences Consultants 475 Goddard, Suite 200 Irvine, California 92618 May 23, 2006 Revised June 29, 2006 Project No. 206533001 • 475 Goddard Suite 200 • Irvine. California 92618 • Phone(9491753-7070 • Fax (949) 753-7071 Phoenix • Irvine • San Diego • Los Angeles • Oakland • Las Vegas • Salt Lake City • Ontano Geotechnical and Environmental Sciences Consultants • May 23,2006 Revised June 29,2006 Project No. 206533001 Mr. Robbie Mahmood Hall& Foreman, Inc. 420 Exchange, Suite 100 Irvine, California 92606 Subject: Geotechnical Evaluation Alipaz Street Sewer Line San Juan Capistrano, California Dear Mr. Mahmood: In accordance with your request and authorization,Ninyo &Moore has performed a geotechnical evaluation for the proposed new sewer line along Alipaz Street in the city of San Juan Capis- trano, California. The purpose of our study was to assess the geotechnical conditions along the proposed sewer line and to provide geotechnical design parameters for the project. This report presents our geotechnical findings, conclusions, and recommendations for the design and con- struction of the project. • Ninyo & Moore appreciates the opportunity to be of service on this project. Sincerely, NINYO & MOORE QpOFE88/0, , J�\TRA yi,04AL OR oS umitra" Guha, Ph.D., GE. , No•GE2632 Carol A. Price, C.E.G OQ�PPOLA.. Dqi� Principal Engineer Principal Geologist C No.ICEFM ne Exp Jalal Vakili, Ph.D., P.E. aF Principal Engineer CB/SG/CAP/JV/ Distribution: (4) Addressee • 475 Goddard • Suite 200 Irvine. California 92618 Phone(949) 753-7070 • Fax(949 753-7071 Phoenix • Wine • San Diego los Angeles • Oakland • Las Vegas • Salt Lake City • Ontario Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • TABLE OF CONTENTS Page 1. INTRODUCTION....................................................................................................................1 2. SCOPE OF SERVICES............................................................................................................1 3. SITE DESCRIPTION AND PROPOSED CONSTRUCTION................................................2 4. SUBSURFACE EVALUATION AND LABORATORY TESTING......................................2 5. GEOLOGY AND SUBSURFACE CONDITIONS.................................................................3 5.1. Groundwater.................................................................................................................3 6. FAULTING AND SEISMICITY.............................................................................................4 6.1. Ground Rupture............................................................................................................5 6.2. Liquefaction and Dynamic Settlement.........................................................................5 7. CONCLUSIONS ......................................................................................................................6 8. RECOMMENDATIONS..........................................................................................................7 8.1. Earthwork .....................................................................................................................7 8.1.1. Pre-Construction Conference..............................................................................8 • 8.1.2. Site Preparation...................................................................................................8 8.1.3. Excavation Characteristics..................................................................................8 8.1.4. Temporary Shoring.............................................................................................9 8.1.5. Construction Dewatering..................................................................................10 8.1.6. Excavation Bottom Stability.............................................................................10 8.1.7. Pipe Bedding.....................................................................................................11 8.1.8. Trench Backfill..................................................................................................11 8.1.9. Fill Placement and Compaction........................................................................12 8.2. Lateral Pressures for Thrust Blocks............................................................................12 8.3. Modulus of Soil Reaction...........................................................................................12 8.4. Pre-Construction Survey and Documentation of Existing Conditions.......................13 8.5. Corrosion....................................................................................................................13 8.6. Concrete Placement....................................................................................................14 8.7. Pavement Reconstruction...........................................................................................14 9. CONSTRUCTION OBSERVATION....................................................................................15 10. LIMITATIONS.......................................................................................................................15 11. SELECTED REFERENCES..................................................................................................18 Tables Table 1 —Principal Active Faults.....................................................................................................4 • 206533001 R Geo Ev r doc Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • Figures Figure 1 — Site Location Map Figure 2 — Boring Location Map Figure 3 — Fault Location Map Figure 4 — Lateral Earth Pressures for Braced Excavation Figure 5 — Thrust Block Lateral Earth Pressure Diagram Appendices Appendix A — Boring Logs Appendix B — Laboratory Testing • • 206533001 R G E,d m d. /�/buJo�/v►°ore ll Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • 1. INTRODUCTION In accordance with your request and authorization,Ninyo & Moore has performed a geotechnical evaluation for the proposed new 24-inch-diameter sewer line that will be located parallel to existing utilities including sewer, water, and gas lines within the Alipaz Street right-of-way in the city of San Juan Capistrano, California(Figure 1). The sewer line will extend southwest from the intersection of Alipaz Street with Camino Del Avion for approximately 2,200 feet. The purpose of our study was to evaluate the general soil and geologic conditions along the pro- posed sewer line alignment and to develop geotechnical recommendations regarding the design and construction of the project. This report presents our findings, conclusions, and recommenda- tions based on our background review, site reconnaissance, subsurface evaluation, laboratory testing,and geotechnical analyses. 2. SCOPE OF SERVICES • Our scope of services for the geotechnical evaluation included the following: • Project coordination and review of readily available background materials pertaining to the proposed project alignment, including geologic maps, aerial photographs, and in-house in- formation. • Geotechnical site reconnaissance to observe the general conditions along the proposed sewer line alignment for drilling access, to mark the proposed exploratory borings, and to coordi- nate with Underground Service Alert for utility clearance. • Acquisition of encroachment permits from the City of San Juan Capistrano. • Subsurface exploration consisting of the drilling, logging, and sampling of two small- diameter borings to depths ranging from approximately 211/: to 23 feet below the ground surface. The borings were drilled to evaluate the general subsurface conditions along the proposed sewer line alignment and to collect representative soil samples for laboratory test- ing. • Laboratory testing of selected soil samples, including evaluation of in-situ moisture content and dry density, percentage of particles passing the No. 200 sieve, Atterberg limits, direct shear strength, sand equivalent, and soil corrosivity. • • Compilation and geotechnical analyses of the field and laboratory data. 106$II001 R Gro Evac m da 1 Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • • Preparation of this report presenting the results of our background review, site reconnais- sance, subsurface exploration, laboratory testing, and data analyses, and providing recommendations regarding the geotechnical aspects of design and construction of the new sewer line. 3. SITE DESCRIPTION AND PROPOSED CONSTRUCTION The proposed sewer line alignment is located south of Camino Del Avion within the Alipaz Street right-of-way in the city of San Juan Capistrano, California. Alipaz Street is paved from Camino Del Avion to approximately 20 feet south of the southerly end of Via Monterey. The un- paved portion of Alipaz Street is relatively flat and slopes gently from north to south. San Juan Creek parallels Alipaz Street beginning at the northerly end of Via Monterey loop. An embank- ment slope located along the westerly side of San Juan Creek varies from approximately a 1:6 (horizontal:vertical) to a 1:3 (horizontal:vertical) with the steeper portion of the slope located along the southern portion end of the sewer line alignment. In addition, residential structures are • located along the westerly side of Alipaz Street along the proposed pipeline alignment. The proposed project includes the construction of a new, approximately 2,200-feet-long, 24-inch- diameter sewer line. We understand that the average invert depth of the new sewer line will be approximately 8 feet below the ground surface. The new pipeline will begin approximately 130 feet east of the intersection of Camino del Avion with Alipaz Street and then will extend ap- proximately 880 feet along Alipaz Street until it turns southeast and extends for about 60 feet to cross over an existing 30-inch-diameter gas line, 42-inch-diameter storm drain, and 21-inch- diameter sewer line. The pipeline will then turn southwest again and extend another 1,100 feet along the westerly San Juan Creek embankment. The new sewer line will tie into the existing 21- inch sewer line approximately 60-feet south of a concrete drainage channel that empties into the San Juan Creek. 4. SUBSURFACE EVALUATION AND LABORATORY TESTING Our limited subsurface exploration was performed on April 7, 2006, and consisted of the drilling, • logging, and sampling of two small-diameter borings. The approximate locations of the explora- tory borings are shown on Figure 2. The borings were drilled with a truck-mounted drill rig 2%5)1001 E Geo Eva[re.doc 2 Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano,California Project No. 206533001 • utilizing 8-inch-diameter hollow-stem augers to depths of approximately 21'/2 and 23 feet below the ground surface. The borings were logged by a representative from our firm, and bulk and relatively undisturbed soil samples were obtained at selected depths for laboratory testing. Logs of the exploratory borings are presented in Appendix A. Geotechnical laboratory testing was performed on representative samples to evaluate the in-situ moisture content and dry density, percentage of particles passing the No. 200 sieve, Atterberg limits, direct shear strength, sand equivalent, and soil corrosivity that included soil pH, minimum electrical resistivity, water-soluble sulfate content, and chloride content. The results of our in-situ moisture and density tests are presented on the boring logs in Appendix A. The remaining geotechnical laboratory test results are presented in Appendix B. 5. . GEOLOGY AND SUBSURFACE CONDITIONS Based on our review of published geologic maps, the site is underlain by Quaternary-age • alluvium consisting of unconsolidated sand, silt, clay and some gravel (Tan, 1984). During our subsurface exploration, we encountered both fill and alluvium. Fill materials were encountered to a depth of approximately 3 feet below the surface in our exploratory boring B-1 near the north- erly end of the alignment; fill was not encountered in our boring B-2 at the southerly end of the alignment. The materials encountered in boring B-1 consisted of an approximately 11-inch-thick section of asphalt concrete underlain by approximately 7 inches of dense, sandy gravel base. The pavement section is underlain by very stiff, sandy clay fill material. Alluvial deposits were en- countered beneath the fill in boring B-1 and from the surface in boring B-2 to the explored depths. The alluvium generally consisted of firm to hard sandy clay with trace gravel and loose to medium dense, poorly graded to well graded sand and gravel. More detailed descriptions of the subsurface materials are presented on the boring logs in Appendix A. 5.1. Groundwater Groundwater was encountered in boring B-2 at a depth of approximately 16 feet below the ground surface. Groundwater was not encountered in boring B-1, whose surface elevation is • approximately 7 feet higher than boring B-2. Historic high groundwater is mapped at ap- 206533001 R Geo Ev l r Aoc 3 i0-9yD& 8 Alipaz Street Sewer Line May 23, 2006, Revised June 29,2006 San Juan Capistrano, California Project No. 206533001 proximately 5 feet below the ground surface (California Division of Mines and Geology [CDMG], 2001) within the project area. Fluctuations in groundwater typically occur due to variations in precipitation, ground surface topography, subsurface stratification, local irriga- tion, and groundwater pumping. Due to the close proximity of the proposed sewer alignment to the San Juan Creek, fluctuations in groundwater levels are likely and groundwater should be anticipated during the construction of the sewer line. 6. FAULTING AND SEISMICITY Based on our review of referenced geologic maps and stereoscopic aerial photographs, the ground surface within the project alignment is not transected by known active or potentially ac- tive faults. Therefore, the potential for surface fault rupture is considered to be low. In addition, the subject site is not located within a State of California Earthquake Fault Zone (Alquist-Priolo Special Studies Zone, Hart and Bryant, 1997). However, the site is located in a seismically active area, as is the majority of southern California, and the potential for strong ground motion at the site is considered significant. Figure 3 shows the approximate site location relative to the major faults in the region. The nearest known active fault is the offshore segment of the Newport- Inglewood fault zone, located approximately 4.2 miles southwest of the southerly end of the sewer alignment. Table 1 lists selected principal known active faults that may affect the project, the maximum moment magnitude M.. as published by the California Geological Survey (CGS, 2002), and the type of fault as defined in Table 16-U of the California Building Code (CBC) (2001). The ap- proximate fault to site distance was calculated by the computer program FRISKSP(Blake, 2001). Table 1 —Principal Active Faults Fault Approximate Fault to Maximum Moment Fault Site Distance in miles(km) Magnitude'(M,,,,) Type' Newport-Inglewood Offshore 4.2(6.7) 7.1 B Newport-Inglewood L.A.Basin 16.6 26.7 7.1 B Palos Verdes 20.0 32.2 7.3 B • Elsinore-Glen Ivy 20.4 32.9 6.8 A 206533001 R Geo Eva[.d. 4 Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • Table 1 —Principal Active Faults Fault Approximate Fault to Maximum Moment Fault Site Distance in miles(km) Magnitude(Mm,.) Type Coronado Bank 20.7 33.3 7.6 B Elsinore-Temecula 21.6 34.8 6.8 A Chino-Central Avenue 24.3 (39.1) 6.7 B Whitter 25.4(40.9) 6.8 A Compton Thrust 26.2(42.2) 6.8 B Rose Canyon 28.3 (45.7) 7.2 B Notes: 'CGS,2002. _'CBC,2001;CGS,2002. The principal seismic hazards at the subject site are surface ground rupture, ground shaking, seismically induced liquefaction, and various manifestations of liquefaction related hazards (e.g.,dynamic settlement and lateral spreading). A brief description of these hazards and the po- tential for their occurrences on site are discussed below. • 6.1. Ground Rupture The probability of damage due to surface ground rupture is low due to the lack of known ac- tive faults crossing the site. Surface ground cracking related to shaking from distant events is not considered a significant hazard, although it is a possibility. 6.2. Liquefaction and Dynamic Settlement Liquefaction is the phenomenon in which loosely deposited, saturated granular soils with clay contents (particles less than 0.005 mm) of less than 15 percent, the liquid limit of less than 35 percent, and natural moisture content greater than 90 percent of the liquid limit un- dergo rapid loss of shear strength due to development of excess pore water pressure during strong earthquake-induced ground shaking. Ground shaking of sufficient duration results in the loss of grain-to-grain contact due to a rapid rise in pore water pressure, and it eventually causes the soil to behave as a fluid for a short period of time. Liquefaction is known gener- ally to occur in saturated or near-saturated cohesionless soils at depths shallower than 50 feet 206533001 P, a E,.Irc dac *J7yo&/Noose 5 Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • below the ground surface. Factors known to influence liquefaction potential include compo- sition and thickness of soil layers, grain size, relative density, groundwater level, degree of saturation,and both intensity and duration of ground shaking. Elevation of the site specific liquefaction potential at the site was not within our scope of services; however, based on our review of the State of California Seismic Hazards Zones map (CDMA 2001), the alignment is mapped in an area susceptible to liquefaction. Lique- faction is not considered likely in the relatively fine-grained(Le.,clay) layers encountered in our borings; however, liquefaction may occur in loose to medium dense, granular soil layers (i.e., sand and gravel) located below the historic high groundwater level. The potential for liquefaction-induced ground settlement and lateral spread is also considered relatively high at the project site due to the proximity of the alignment to the embankment along the San Juan Creek. • 7. CONCLUSIONS Based on the results of our geotechnical evaluation, the proposed project is feasible from a geo- technical perspective. There are no known geotechnical conditions that would preclude the construction of the proposed sewer line provided the recommendations of this report and appro- priate construction practices are followed. In general, the following conclusions were made based on our limited evaluation: • We anticipate that the average invert depth of the proposed new sewer line will be approxi- mately 8 feet below the existing grade. We understand that "cut and cover" trench excavation techniques will be implemented along the project alignment. Due to the presence of the adjacent roadway pavement and the close proximity of existing structures and utilities to proposed excavations, temporary shoring should be anticipated during placement of the sewer line. • In general, cohesionless and cohesive earth materials (fill and alluvium) with gravel to cob- ble-size fragments were encountered in our borings. Caving was also encountered in boring B-2 to a depth of approximately 14 feet below the surface. Excavation of the fill and alluvial materials should be achievable with earthmoving equipment in good working order. The ex- cavated material is generally suitable for re-use as backfill. Variations in moisture content may be encountered which could result in the need for aeration or moisture conditioning for • compaction. /�/lA?Y11& ►oore 2063))OOIAGm Evsl m.doc 6 Alipaz Street Sewer Line May 23,2006, Revised June 29,2006 San Juan Capistrano, California Project No. 206533001 • • Due to the presence of nearby structures, the potential for construction-related distress to nearby structures may be a concern in some areas along the proposed alignment. The poten- tially at-risk structures should be evaluated prior to the start of the excavation work and monitored during excavation operations. Recommendations regarding the instrumentation and documentation for this monitoring program are discussed in Section 8.4 of this report. • Groundwater was encountered in one of our exploratory borings at a depth of approximately 16 feet below the ground surface at the time of drilling. Due to the close proximity of the proposed sewer alignment to San Juan Creek and nearby residential structures, significant fluctuations in the groundwater level may occur as a result of variations in seasonal precipi- tation, irrigation practices, and other factors. Therefore, the contractor should be prepared to take appropriate measures to address the presence of groundwater in excavations, including dewatering. • Based on our review of aerial photographs and published geologic literature, there are no known active faults extending through the project site. Therefore, the potential for surface fault rupture along the project alignment is considered low. • According to referenced seismic hazard maps, the site is mapped within an area that is sus- ceptible to earthquake-induced liquefaction. Liquefaction is not considered likely in the • relatively fine-grained (i.e., clay) layers encountered in our borings. Liquefaction may, how- ever, occur in loose to medium dense, granular soil layers (i.e., sand and gravel) located below the historic high groundwater level. The potential for liquefaction-induced ground set- tlement and lateral spread is also considered relatively high at the project site. • Limited corrosivity test results indicate that the site soils generally have moderate corrosion potential to ferrous metals, and relatively negligible corrosion potential to concrete. 8. RECOMMENDATIONS In the following sections, we present geotechnical recommendations for construction of the pro- posed sewer pipeline. These recommendations are based on our evaluation of the site geotechnical conditions and our understanding of the planned construction. The proposed im- provements should also be performed in accordance with the requirements of applicable governing agencies. 8.1. Earthwork Based on our understanding of the project, earthwork is anticipated to consist of removal • and recompaction of near-surface earth materials. Earthwork should be performed in accor- *' 206533001 R Gw Eval m doc 7 Alipaz Street Sewer Line May 23,2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • dance with the requirements of applicable governing agencies, and the recommendations pre- sented below. 8.1.1. Pre-Construction Conference We recommend that a pre-construction conference be held. The owner and/or their rep- resentative, the governing agencies' representatives, the civil engineer, the geotechnical engineer, and the contractor should be in attendance to discuss the work plan, project schedule, earthwork, and shoring requirements. 8.1.2. Site Preparation Prior to performing site excavations, the site should be cleared of vegetation, rubble and debris, surface obstructions, abandoned utilities, and other deleterious materials. The existing utilities along the project limits should be re-routed or protected from damage by construction activities. Obstructions that extend below finish grade, if any, should be removed and the resulting holes filled with compacted soils. Materials generated from . the clearing operations should be removed from the project site and disposed of at a le- gal dumpsite. 8.1.3. Excavation Characteristics Based on our field exploration and experience, we anticipate that excavations within the fill and alluvial materials along the pipeline alignment may be accomplished with backhoe, excavators, or other trenching equipment in good condition. Based on the re- sults of our subsurface exploration,we anticipate that the materials along the alignment will consist predominantly of sandy clay with gravel and poorly graded to well graded sand with gravel and cobbles. Due to the presence of some gravel and cobbles in our widely spaced borings, we anticipate that oversize material will be encountered in the alluvium. In our opinion, temporary slopes in the fill or alluvial soils above the water table should be stable at inclinations of 1'/2:1 (horizontal to vertical) or flatter for Type C soils, up to • a depth of about 10 feet below the existing grade. Some surficial sloughing may occur 2%533WI R G.E,.i re,d. 8 *J7JFV&MOO\'@ Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • and temporary slopes should be evaluated in the field by the project geotechnical con- sultant in accordance with Occupational Safety and Health Administration (OSHA) criteria. Excavations close to or below the groundwater (before or after dewatering) are likely to encounter wet and loose or soft ground conditions. Wet soils may be subject to pump- ing under heavy equipment loads. 8.1.4. Temporary Shoring Where excavations extend below the water table or where temporary slopes are not pos- sible, shoring will be appropriate. The shoring system will be constructed through fill and alluvial deposits. The shoring system for the project may consist of trench shields or other forms of braced support. The shoring system should be designed using the lateral earth pressure values shown on Figure 4. The recommended design pressures are based on the assumptions that the shoring system is constructed without raising the • ground surface elevation behind the shored sidewalls of the excavation, that there are no surcharge loads, such as soil stockpiles and construction materials, and that no loads act above a 1:1 (horizontal to vertical)plane extending up and back from the base of the shoring system. For a shoring system subjected to the above-mentioned surcharge loads, the contractor should include the effect of these loads on the lateral earth pres- sures acting on the shored walls. We anticipate that settlement of the ground surface will occur behind the shoring wall during excavation. The amount of settlement depends heavily on the type of shoring system, the contractor's workmanship, and soil conditions. To reduce the potential for distress to adjacent structures, we recommend that the shoring system be designed to limit the ground settlement behind the shoring system to '/z inch or less. Possible causes of settlement that should be addressed include settlement during installation of the shor- ing elements, excavation for structure construction, and removal of the support system. We recommend that shoring installation be evaluated carefully by the contractor prior to • construction. 206531001 R Geo Evill m doc 9 /vpngn&*sure Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • The shoring parameters presented in this report are minimum requirements, and the contractor should evaluate the adequacy of these parameters and make the appropriate modifications for their design. We recommend that the contractor take appropriate measures to protect workers. OSHA requirements pertaining to worker safety should be observed, 8.1.5. Construction Dewatering Groundwater was encountered at a depth of about 16 feet below the existing grade in one exploratory boring(B-2) at the time of drilling. However, significant fluctuations in the groundwater level will likely occur as a result of variations in seasonal precipita- tion. Since published data indicate a historic high groundwater level at a depth of approximately 5 feet below the ground surface, the contractor should be prepared to take appropriate dewatering measures during trench excavation operations. Disposal of groundwater should be performed in accordance with guidelines of the Regional Water • Quality Control Board. We recommend that if dewatering is anticipated, the Orange County Health Care Agency (OCHCA) and the San Diego Regional Water Quality Control Board (SDRWQCB) should be contacted before any planning is conducted. 8.1.6. Excavation Bottom Stability In general, we anticipate that the bottom of the pipeline trenches will remain stable and provide suitable support to the proposed sewer line. However, excavations that extend below the groundwater table (if encountered) may be unstable. In general, unstable bot- tom conditions may warrant overexcavation and replacement with gravel. Recommendations for stabilizing excavation bottoms should be based on evaluation in the field by Ninyo &Moore at the time of construction. • 206533001 RG Ev.lm A.. /,/Inyo�/Noore 10 Alipaz Street Sewer Line May 23, 2006, Revised June 29,2006 San Juan Capistrano, California Project No. 206533001 • 8.1.7. Pipe Bedding We recommend that the pipeline be supported on 6 inches or more of granular bedding material such as sand with a sand equivalent (SE) value of 30 or more. Bedding material should be placed around the pipe and 12 inches or more above the top of the pipe in ac- cordance with specifications of the recent edition of the "Greenbook" (Standard Specifications for Public Works). Special care should be taken not to allow voids be- neath the pipe. Bedding material and compaction requirements should be in accordance with the recommendations of this report, the project specifications, and applicable re- quirements of the appropriate governing agency. A representative sample of the near-surface soils was tested during this evaluation and was found to have an SE value of approximately 8. As a result, we do not recommend that soils generated from the trench excavations be used as bedding material. 8.1.8. Trench Backfill • Fill material, including trench backfill and structure backfill, should consist of granular soil with low expansion potential that conforms to the latest edition of the Standard Specifications for Public Works Construction ("Greenbook") for structure backfill. In general, the on-site sandy soils are considered suitable for re-use as structural fill mate- rial. Fill material should be comprised of low-expansion-potential granular soil and should be free of trash, debris, roots, vegetation, or deleterious materials. Fill should generally be free of rocks or hard lumps of material in excess of 4 inches in diameter. Rocks or hard lumps larger than about 4 inches in diameter should be broken into smaller pieces or should be removed from the site. Wet materials generated from on-site excavations should be aerated to a moisture content near the laboratory optimum to al- low compaction. On-site clayey soils encountered during excavation should be selectively removed and stockpiled separately. The clayey soils are not considered suitable as structural fill and should be disposed off site. Unsuitable soils include materials classified as CL in accor- dance with the Unified Soil Classification System. 2W33WI R Gw Ev Irv,doc #%7JF0&Moore tt Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • Imported materials should consist of clean, granular materials with a low expansion po- tential, corresponding to an expansion index of 50 or less. The corrosion potential of proposed imported soils should also be evaluated if structures will be in contact with the imported soils. Import material should be submitted to the geotechnical consultant for review prior to importing to the site. The contractor should be responsible for the uniformity of import material brought to the site. 8.1.9. Fill Placement and Compaction Fill, structure backfill, and trench backfill should be compacted in horizontal lifts to a relative compaction of 90 percent as evaluated by American Society for Testing and Materials (ASTM)test method D 1557. Aggregate base beneath pavement areas should be compacted to a relative compaction of 95 percent. Fill soils should be placed at or slightly above the laboratory optimum moisture content as evaluated by ASTM D 1557. The optimum lift thickness of fill will depend on the type of compaction equipment • used, but generally should not exceed 8 inches in loose thickness. Special care should be taken to avoid pipe damage when compacting trench backfill above the pipe. Place- ment and compaction of the fill soils should be in general accordance with specifications of the recent edition of the "Greenbook" (Standard Specifications for Public Works). 8.2. Lateral Pressures for Thrust Blocks Thrust restraint for buried pipelines may be achieved by transferring the thrust force to the soil outside the pipe through a thrust block. Thrust blocks may be designed using the magni- tude and distribution of passive lateral earth pressures presented on Figure 5. Thrust blocks should be backfilled with granular backfill material and compacted following the recom- mendations presented in this report. 8.3. Modulus of Soil Reaction The modulus of soil reaction is used to characterize the stiffness of soil backfill placed at the • sides of buried flexible pipelines for the purpose of evaluating deflection caused by the 206533001 RGeo Eval iCr.doc /1/lns/o&/more 12 Alipaz Street Sewer Line May 23, 2006, Revised June 29,2006 San Juan Capistrano, California Project No. 206533001 • weight of the backfill above the pipe. For pipelines constructed in granular fill and alluvial materials, we recommend that a modulus of soil reaction of 1,000 pounds per square inch (psi) be used for design, provided that granular bedding material is placed adjacent to the pipe, as recommended in this report. 8.4. Pre-Construction Survey and Documentation of Existing Conditions Consideration should be given to performing a pre-construction survey of existing condi- tions for adjacent buildings and properties within an approximate distance of two times the height of the proposed excavation prior to the start of construction. The pre-construction survey may consist of photographic documentation of the exterior portions of adjacent buildings and the overall condition of adjacent properties, including distress features such as cracks and/or separations that may be present. The purpose of the pre-construction survey is to develop documentation of existing conditions prior to construction that may serve as a ba- sis for evaluating potential damage claims. • 8.5. Corrosion Laboratory testing was performed to evaluate soil pH, electrical resistivity, water-soluble chloride content, and water-soluble sulfate content. The soil pH and minimum electrical re- sistivity tests were performed in general accordance with California Test Method 643. Sulfate and chloride content tests were performed in general accordance with California Test Method 417 and 422, respectively. The laboratory test results are presented in Appendix B. A soil pH of 8.0 was measured for the tested soil sample, indicating a slightly basic environ- ment. The electrical resistivity measured in the laboratory was 1,810 ohm-centimeters, representing a moderate corrosive potential to ferrous metals. The chloride content of the soil sample was measured to be 70 parts per million (ppm), representing a generally low corrosion potential to ferrous metals. The site soils may, therefore, be considered to have a moderate corrosive potential to ferrous • metals. We, therefore, recommend that corrosion protection for improvements in contact 2W33Wi a cw e.�[.ry as 13 Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • with site soils be designed by a corrosion engineer. The water-soluble sulfate content test re- sults are addressed in the following section of this report. 8.6. Concrete Placement Concrete in contact with soil or water that contains high concentrations of water-soluble sul- fates can be subject to premature chemical and/or physical deterioration. The soil sample tested during this evaluation indicated that the water-soluble sulfate content was below 0.10 percent by weight (1,000 ppm). Based on the CBC criteria (2001), the potential for sul- fate attack is negligible for water-soluble sulfate contents in soil ranging from 0.00 percent to 0.10 percent by weight (0 ppm to 1,000 ppm), indicating that soils at the site may be con- sidered to have a negligible potential for sulfate attack. Therefore, based on CBC criteria (2001), Type II cement can be used for concrete construction. The concrete should have a water-cement ratio no more than 0.50 by weight for normal weight aggregate concrete and a • 28-day compressive strength of 4,000 pounds per square inch(psi) or more. However,due to the potential variability of the on-site soils, consideration should be given to using Type V cement. In order to reduce the potential for shrinkage cracks in the concrete during curing, we rec- ommend that the concrete be placed with a slump of 4 inches based on ASTM C 143. The slump should be checked periodically at the site prior to concrete placement. The structural engineer should be consulted for additional concrete specifications. 8.7. Pavement Reconstruction Trenching within Alipaz Street will result in the replacement of pavements for the project. In general, pavement repair should conform to the material and compaction requirements of the adjacent pavement section. Aggregate base material and asphalt concrete should be com- pacted to a relative compaction of 95 percent as evaluated by ASTM D 1557. Actual pavement reconstruction should conform to the requirements of the appropriate governing agency. i 2N53I00i RG Rvalrw.d. 14 pyll7#0&*0Ore Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • 9. CONSTRUCTION OBSERVATION The recommendations provided in this report are based on our understanding of the proposed project and on our evaluation of the data collected based on subsurface conditions observed in widely spaced exploratory borings. It is imperative that the geotechnical consultant checks the subsurface conditions during construction. We recommend that Ninyo & Moore review the pro- ject plans and specifications prior to construction. It should be noted that, upon review of these documents, some recommendations presented in this report may be revised or modified. During construction we recommend that the duties of the geotechnical consultant include, but not be limited to: • Observing clearing, grubbing, and removals. • Observing excavation, placement, and compaction of fill. • Evaluating imported materials prior to their use as fill(if used). • Performing field tests to evaluate fill compaction. • Performing material testing services, including concrete compressive strength tests and in- spections. The recommendations provided in this report are based on the assumption that Ninyo & Moore will provide geotechnical observation and testing services during construction. In the event that Ninyo & Moore's services are not utilized during construction, we request that the selected con- sultant provide the City of San Juan Capistrano with a letter (with a copy to Ninyo & Moore) indicating that they fully understand Ninyo & Moore's recommendations, and that they are in full agreement with the design parameters and recommendations presented in this report. 10. LIMITATIONS The field evaluation, laboratory testing, and geotechnical analyses presented in this geotechnical report have been conducted in general accordance with current practice and the standard of care exercised by geotechnical consultants performing similar tasks in the project area. No warranty, • expressed or implied, is made regarding the conclusions, recommendations, and opinions pre- 2MS33 I R Geo Evd rev.doc 15 I/Inyo&/�eere Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • sented in this report. There is no evaluation detailed enough to reveal every subsurface condition. Variations may exist and conditions not observed or described in this report may be encountered during construction. Uncertainties relative to subsurface conditions can be reduced through addi- tional subsurface exploration. Additional subsurface evaluation will be performed upon request. Please also note that our evaluation was limited to assessment of the geotechnical aspects of the project, and did not include evaluation of structural issues, environmental concerns, or the pres- ence of hazardous materials. This document is intended to be used only in its entirety.No portion of the document, by itself, is designed to completely represent any aspect of the project described herein. Ninyo & Moore should be contacted if the reader requires additional information or has questions regarding the content, interpretations presented,or completeness of this document. This report is intended for design purposes only. It does not provide sufficient data to prepare an • accurate bid by contractors. It is suggested that the bidders and their geotechnical consultant per- form an independent evaluation of the subsurface conditions in the project areas. The independent evaluations may include, but not be limited to, review of other geotechnical reports prepared for the adjacent areas, site reconnaissance, and additional exploration and laboratory testing. Our conclusions, recommendations, and opinions are based on an analysis of the observed site conditions. If geotechnical conditions different from those described in this report are encoun- tered, our office should be notified and additional recommendations, if warranted, will be provided upon request. It should be understood that the conditions of a site could change with time as a result of natural processes or the activities of man at the subject site or nearby sites. In addition, changes to the applicable laws, regulations, codes, and standards of practice may occur due to government action or the broadening of knowledge.The findings of this report may,there- fore, be invalidated over time, in part or in whole, by changes over which Ninyo &Moore has no control. • 16 Alipaz Street Sewer Line May 23, 2006, Revised June 29,2006 San Juan Capistrano, California Project No. 206533001 • This report is intended exclusively for use by the client.Any use or reuse of the findings, conclu- sions, and/or recommendations of this report by parties other than the client is undertaken at said parties' sole risk. • • 2a533ooi n cw 9V9 m eon 17 *OyO&MOOre Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • 11. SELECTED REFERENCES Blake, T.F., 2001, FRISKSP(version 4.00),A Computer Program for the Probabilistic Estimation of Peak Acceleration and Uniform Hazard Spectra Using 3-D Faults as Earthquake Sources. Bozorgnia, Y., Campbell, K. W., and Niazi, M., 1999, Vertical Ground Motion: Characteristics, Relationship with Horizontal Component, and Building Code Implications, Proceedings of the SMIP99 Seminar on Utilization of Strong Motion Data, September 15, Oakland, pp. 23-49. California Building Code, 2001 Edition, based upon Uniform Building Code, 1997 Edition, dated May 1. California Department of Conservation, Division of Mines and Geology, 1998, Maps of Known Active Fault Near-Source Zones in California and Adjacent Portions of Nevada: Interna- tional Conference of Building Officials, dated February. California Department of Conservation, Division of Mines and Geology, State of California, 2001, Seismic Hazard Zone Report For The Dana Point 7.5-Minute Quadrangle, Orange County, California: Seismic Hazard Zone Report 049. • California Department of Conservation, Division of Mines and Geology, State of California, 2001, Seismic Hazard Zones Official Map, Dana Point Quadrangle, 7.5-Minute Series: Scale 1:24,000, Seismic Hazard Zone Report 049, dated December 21. California Geological Survey, 2002, Revised 2002 California Seismic Shaking Analysis, Appen- dix A. Hall & Foreman, Inc., 2005, Agreement Between Consultant and Subconsultant, Project No. 06022-000, dated October 4. Hall & Foreman, Inc., 2006, Improvement Plans for the Trunk Sewer Line Construction, dated March 22. Hart, E.W., and Bryant, W.A., 1997, Fault-Rupture Hazard Zones in California, Alquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zone Maps: California De- partment of Conservation, Division of Mines and Geology, Special Publication 42, with Supplements 1 and 2 added in 1999. Jennings, C.W., 1994, Fault Activity Map of California and Adjacent Areas: California Division of Mines and Geology, California Geologic Data Map Series, Map No. 6, Scale 1:750,000. Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and Southern California Districts of the Associated General Contractors of • California, 2006, "Greenbook," Standard Specifications for Public Works Construction: BNI Building News, Los Angeles, California. 205573001 R Crt Eval�,dm /�/Inyo&/NDD\a8 18 Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • Naval Facilities Engineering Command (NAVFAC), 1986, Foundations and Earth Structures De- sign Manuals,dated May. Ninyo & Moore, 2005, Proposal for Geotechnical Consulting Services Alipaz Street Sewer Line, San Juan Capistrano, California, P-12690, dated July 1. Ninyo &Moore, unpublished and proprietary in-house data. Norris, R.M., and Webb, R.W., 1990, Geology of California, Second Edition: John Wiley & Sons. Peterson, M.D., Bryant, W.A., Cramer, C.H., Cao, T., Reichle, M.S., Frankel,A.D., Lienkaemper, J.J., McCrory, P.A., and Schwartz, D.P., 1996, Probabilistic Seismic Hazard Assessment for the State of California: California Department of Conservation, Division of Mines and Geology Open File Report 96-08. Rogers, T.H., 1966 (Fifth Printing, 1986), Geologic Map of California, Santa Ana Sheet, Olaf P. Jenkins Edition: California Division of Mines and Geology, Scale 1:250,000. Tan, S.S., 1984, Classification of Landslide Propensity in the Dana Point Quadrangle, Orange County, California: California Division of Mines and Geology Open File Report 84-57, Scale 1:12,000. • United States Geological Survey, 1968 (Photorevised 1975), Dana Point, California Quadrangle Map, 7.5 Minute Series: Scale 1:24,000. AERIAL PHOTOGRAPHS Source Date Flight Numbers Scale USDA 12-12-52 AXK-3K 63 & 64 1:20,000 206533001 Rra EW r Aoc /�/yD�Meore 19 Y y Ss _ *«cd* _rvvo ra vlA ctsvAxlcs! NN �,i /�♦ `~ y/ '�, E�+ T'r, - �4, .I tt ^ r3 J fkat .. ><`:°�>,w"' ': ,���� °tA� 1� � � `glrW e r i� b ;$t e•^ h }L_ �'°a<u � • . �+3 rS.q\`'p �::,,: `. fn �6 c h^_e a a f 2 uv tlu . �`"' ^. SL 0.rA � )� • :: 1 @' S',i I 1 y rtd. �Y r . �;.Jt...1/ Yyt3�Q a' 1 Y-fWE Y h sza.,i CNII x' li IAWI,< y Ar AVUM POL YN'• - O we�3 'F din„^'lRPP V,'l a PROJECT ALIGNMENT a' �CAIIE Kltl�O 'SEE-A M a C oASEQ'0[L FSR :MS rtiv..i'�u tl 1 S� "r� Ii vn ver AypE ON z 5[Ea u ,IJ,,`/7/i e3[u° , l �; (.." �«MS �E`a °h¢ F- w 4� r ff i1 • rh{P:� sbt� En• ''fkEE F�-M"-'?EE4 /'p- _ .�, s. .• r, f _"a COHENY o 's f <y ��u d'y g _ —' - F S STATE4 C'4z'X*nlo lE :en r �WI min adiF f J�i�.� qyF u—j 'E v 1 BEACH . . s E -, a 3 3rv.m�` REFERENCE: 2004 THOMAS GUIDE FOR LOS ANGELES/ORANGE COUNTIES, STREET GUIDE AND DIRECTORY 0 2400 4800 LJ V n APPROXIMATE SCALE IN FEET � NDTE'ALL DMIENSIgJS,DiPECTONS ANDLOCATCNS APE ApPfID%IMATE /v/V�/o�/�ODre SITE LOCATION MAP FIGURE PROJECT NO. DATE ALIPAZ STREET SEWER LINE 206533001 6/06 SAN JUAN CAPISTRANO,CALIFORNIA F B-2 m B-1 z 5 O TD=23.0 TD=21. J �' $�U �J n � j a � (7 SAN JUAN CREEK LEGEND B-2 Y APPROXIMATE LOCATION OF PROPOSED 24-INCH TD=23.0 EXPLORATORY BORING; DIAMETER SEWERLINE - TD=TOTAL DEPTH IN FEET - ---- EXISTING 21-INCH UNPAVED PORTION OF DIAMETER SEWERLINE AUPAZ STREET 03 `/ REFERENCE.H4 &FOREMAN,'a ,IMPROV ENTP S MR TRUNK UNESEWER CONSTRUCnON DATEDMM n, nj /1 v NOTEALL DMENSKC .DIRECTONS AND L nONS ME MNVOAMATE BORING LOCATION MAP FIGURE APPROXIMATE SCALE _ r PROJECT NO. DATE ALIPAZ STREET SEWER LINE 0 300 600 FEET 206533001 6/06 SAN JUAN CAPISTRANO,CALIFORNIA 0 \BA.ER O°� �AFR TEHACHAP4 G p�. /OCk SAN BERNARDINO CO. P MOJAVE r \NgHI • BARSTOW KERN CO \ I • °", C'9G m LOS ANGELES CO. L9�/9yC \ qO C'O sC !G c SCL,�qRN'ATfR PALM DALE �(�` y�0 °S' G O v2 • \ , VICTOR.LLE q'09 °O 'Idl. AM.OI' CAYE-,No 'SAO � \ L \—I- NEWHALL WRIGHTWOOD 'V NTA q SUSA c*9B,pi„ • 20P. T,9C '� ~y0 \ SIMI-5AO� �$/E 11 LAKE ARROWHEAD • LANDERS• NORTH.IDGE L qFA SpWYON ONGA • BIG BEAR Cllr �MDUNTAIN 9j~ THO MALIBUOCOAST SANTAA �YMONO CU p\Nt0 7WENTYNINE SON 0 4k POMONA SAN BERNARDINO SAN BERNARDINO IS -- ANGELES f— SIOPALMS LOS 0 ry C RIVERSIDE CO. T RIVERSIDE 9 o RANryIN oNc�o B H• '9 54NTA ANA y PALM SPRINGS q� DESERT CENTER i . ✓qc • Oqp tiCpIRVINE ` LAKEVQ/ INDIO `9S �o •ORANGE CO.) A•ELSINORE TO P SANTA CATALINA `D \Q SITE �G ISLAND G _ RIVERSIDE CO. SAN CLEMENTf— - o SAN DIEGO C IMPERIAL CO. 09� oryo SALTON . \ SEA OCEANSIDE SGp •ESCONDIDO J'9 •501ANA BEACH \\ \ SAN CLEMENTE ISLAND •'FL CENTR O •SA N DIEGO � U.S.A. \ ° MEXICO C9OGrygS p Q cl 919 C � -1kP 4iG C' s9\ �lfo'jos O� \GO Tp APPROXIMATE SCALE 0 30 60 MILES 0 OTEALL DIMENSIONS.0IflECT10N5 MIO LOCNPCNS PgE,1PPflO:IMATE /'/Inyos�MOOr@ FAULT LOCATION MAP FIGURE PROJECT NO. DATE ALIPAZ STREET SEWER LINE 206633001 6/06 SAN JUAN CAPISTRANO,CALIFORNIA GROUND SURFACE H/4 H k p � 12 INCHES OR MORE a P 12 INCHES OR MORE I ITI 11-ll�1 I� � -� Ff s D PP NOTES: 1. APPARENT LATERAL EARTH PRESSURE,Pa Pa =40H-120 psf 2. CONSTRUCTION TRAFFIC INDUCED SURCHARGE PRESSURE,Ps Ps =120 psi 3. PASSIVE LATERAL EARTH PRESSURE,Pp Pp=300D+330 psf 4. ASSUMES GROUNDWATER NOT PRESENT 5. SURCHARGES FROM EXCAVATED SOIL OR CONSTRUCTION MATERIALS ARE NOT INCLUDED v a 6. H AND D ARE IN FEET I NOT TO SCALE ,y>#yo&/Nooro LATERAL EARTH PRESSURES FOR FIGURE BRACED EXCAVATION PROJECT NO. DATE ALIPAZ STREET SEWER LINE A 206533001 6/06 SAN JUAN CAPISTRANO,CALIFORNIA 'F GROUND SURFACE \ d(VARIES) 0(VARIES) K 7t d THRUST Pp a--- �----- Kp7t D NOTES: 1. GROUNDWATER BELOW BLOCK 150(D�d2)+330(D-0)Ib/f[ 2, NO GROUNDWATER 3_ d AND D ARE IN FEET 4. ASSUMES BACKFILL IS GRANULAR MATERIAL 5. ASSUMES THRUST BLOCK IS ADJACENT TO COMPETENT MATERIAL al n ���/// NOT TO O�SCALE J�i"wakJ�unre THRUST BLOCK LATERAL EARTH PRESSURE DIAGRAM FIGURE PROJECT NO. DATE ALIPAZ STREET SEWER LINE G 206533001 6/06 SAN JUAN CAPISTRANO,CALIFORNIA J Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • APPENDIX A BORING LOGS Field Procedure for the Collection of Disturbed Samples Disturbed soil samples were obtained in the field using the following methods. Bulk Samples Bulk samples of representative earth materials were obtained from the exploratory borings. The samples were bagged and transported to the laboratory for testing. The Standard Penetration Test(SPT) Spoon Relatively disturbed drive samples of earth materials were obtained using a Standard Pene- tration Test spoon sampler. The sampler is composed of a split barrel with an external diameter of 2 inches and an unlined internal diameter of 1% inches. The spoon was driven into the ground 12 to 18 inches with a 140-pound hammer falling freely from a height of 30 inches in general accordance with ASTM D 1586-99. The blow counts were recorded for every 6 inches of penetration; the blow counts reported on the logs are those for the last 12 inches of penetration. Soil samples were observed and removed from the spoon, bagged, • sealed and transported to the laboratory for testing. Field Procedure for the Collection of Relatively Undisturbed Samples Relatively undisturbed soil samples were obtained in the field using the following method. The Modified Split-Barrel Drive Sampler The sampler, with an external diameter of 3 inches, was lined with 1-inch long, thin brass rings with inside diameters of approximately 2.4 inches. The sampler barrel was driven into the ground with the weight of a 140-pound hammer mounted on the drill rig in general ac- cordance with ASTM D 3550-01. The driving weight was permitted to fall freely. The approximate length of the fall, the weight of the hammer or bar, and the number of blows per foot of driving are presented on the boring logs as an index to the relative resistance of the materials sampled. The samples were removed from the sampler barrel in the brass rings, sealed, and transported to the laboratory for testing. • 206533MA E. A. t #157 o&/ oore U.S.C.S. METHOD OF SOIL CLASSIFICATION MAJOR DIVISIONS SYMBOL TYPICAL NAMES Well graded gravels or gravel-sand mixtures, GW little or no fines GRAVELSGP Poorly graded gravels or gravel-sand n •.: • (More than 1/2 of coarse mixtures little or no fines y ; fraction q o 'y > No. 4 sieve size) GM Silty gravels, gravel-sand-silt mixtures N � ° GC Clayey gravels, gravel-sand-clay mixtures S W Well graded sands or gravelly sands, little or oo o zno fines SANDS SP Poorly graded sands or gravelly sands, little or O (More than 1/2 of coarse no fines fraction <No. 4 sieve size) SM Silty sands, sand-silt mixtures Sc Clayey sands, sand-clay mixtures ML Inorganic silts and very fine sands, rock flour, silty or clayey fine sands or clayey silts with H h , SILTS & CLAYS Inorganic clays of low to medium plasticity, ,.., .N Liquid Limit <50 CL ravell clays, sandy clays, silty clays, lean 0 q OL Organic silts and organic silty clays of low plasticity N MH Inorganic silts, micaceous or diatomaceous C7 fine sandy or silty soils, elastic silts w Z SILTS & CLAYS Liquid Limit >50 CH Inorganic clays of high plasticity, fat clays OH Organic clays of medium to high plasticity, or anic silty clays, organic silts HIGHLY ORGANIC SOILS Pt Peat and other highly organic soils GRAIN SIZE CHART PLASTICITY CHART RANGE OF GRAIN SIZE ]° CLASSIFICATION U.S.Standard Grain Size in eo Sieve Size Millimeters BOULDERS Above 12' Above305 50 L� GH COBBLES 12"to 3" 305 to 76.2 eo GRAVEL 3"to No.4 76.2 to 4.76 Coarse 3"to 3/4" 76.2 to 19.1 CL MH80H Fine 3/4"to No.4 19.1 to 4.76 20 SAND No.4 to No.200 4.76 to 0.075 P, U Coarse No.4 to No. 10 4.76 to 2.00 Medium No. 10 to No.40 2.00 to 0.420 Fine No.40 to No.200 0.420 to 0.075 ° o a xo ao ao so so ro eo eo no SILT&CLAY Below No.200 Below 0.075 LIQUID LIMrT(LL),i tf1V1rfa&*11Qri U.S.C.S. METHOD OF SOIL CLASSIFICATION USCS Soil Classification-updme 3004 •'-'- ^^• r o } o • `/ � t U V 3 q BORING LOG EXPLANATION SHEET Ln W 0 0 0 0 � O Bul samp e. Modified split-barrel drive sampler. No recovery with modified split-barrel drive sampler. Sample retained by others. Standard Penetration Test(SPT). 5 No recovery with a SPT. XX/xX Shelby tube sample.Distance pushed in inches/length of sample recovered in inches. No recovery with Shelby tube sampler. Continuous Push Sample. • Q Seepage. 10 Groundwater encountered during drilling. Groundwater measured after drilling. SM ALLUVIUM: Solid line denotes unit change. -- — -- — ------� --------------------- DashedTine denotes material c tl—ange. Attitudes: Strike/Dip b:Bedding c:Contact s j:Joint f:Fracture F:Fault cs:Clay Seam s:Shear bss:Basal Slide Surface sf:Shear Fracture sz: Shear Zone sbs: Sheared Bedding Surface T e tota depthline Is a solid line that Is drawn at the bottom o the boring. BORING LOG EXPLANATION OF BORING LOG SYMBOLS PROJECT NO. GATE FIGURE Rev.01/03 U) Lu v DATE DRILLED 4/7/06 BORING NO. B-1 U) o o w GROUND ELEVATION 56'±(MSL) SHEET 1 OF 2 °-' 0 w O � O Q to = n in a. ¢ y LL U METHOD OF DRILLING 8"Hollow-Stem Auger CME-75(ABC Liovin) o_ O Q U O y W m> m In za g DRIVE WEIGHT 140 lbs.(Auto.Trip Hammer) DROP 30" U of SAMPLED BY CB LOGGED BY CB REVIEWED BY CAP O DES C RI PTIO N/INTERPRETATION ASPHALT CONCRETE: Approximately I I inches thick. jCLGP AGGREGATE BASE: rows moist, dense sandy GRAVEL;approximately 7 inches thick. FILL: Dark brown,damp,very stiff,sandy CLAY. CL ALLUVIUM: Dark gray,damp, very stiff,sandy CLAY;mottled. 5 28 Brown;hard. 19 Very stiff;few to little gravel. 10 21 --- -- - yy t -- SM Brown,motst, Loose to me3ium�ense,la e siI SAND. —————— ———— 14 15 — --- -- - --- ------ CL Gray,wet,very stiff, silty CLAY;trace gravel. 16 Bluish gray;trace sand. 20 BORING LOG 1lO�MO�C� �� Alipn Street Sewer line Sm Joao Cepistcmo,Califumie PROJECT NO. DATE FIGURE 206533001 5/06 A-1 to Lu E DATE DRILLED 4/7/06 BORING NO. B-I a z a N o o w GROUND ELEVATION 56'±(MSL) SHEET 2 OF 2 w O O ¢ vi F > y to METHOD OF DRILLING 8"Hollow-Stem Auger CME-75(ABC Liovin) uJ O Q U O Wv) Z) D m> m N 4 g DRIVE WEIGHT 140 tbs.(Auto.Trip Hammer) DROP 30" D � U O SAMPLED BY CB LOGGED BY CB REVIEWED BY CAP DESCRIPTION/INTERPRETATION 20 CL ALLUVIUM:(Continued) 23 Bluish gray,wet,very stiff,silty CLAY;trace gravel;trace sand. --- -- — --- SP BiuiTi gray,net,meniumaense,poorly gracTe l SAND;fine sand Tot Dept =21.5 eet. No groundwater encountered during drilling. Backfilled with on-site soils and capped with concrete on 4/7/06. 25--- 30--- 35--- 40--- BORING 5303540BORING LOG Alipm Street Sewer Line San Jun Capistrano'California PROJECT NO. DATE FIGURE 206533001 5/06 A-2 N E. DATE DRILLED 4/7106 BORING NO. B-2 a a m ua O o w - GROUND ELEVATION 49'±(MSL) SHEET 1 OF 2 OLu O K 4 vi • Fz EL > _N LL a METHOD OF DRILLING 8"Hollow-Stem Auger CME-75(ABC Liovin) 0_ > O Q U O N N Lu coo i m N Q g DRIVE WEIGHT 1401bs.(Auto.Trip Harmer) DROP 30" (7 U O SAMPLED BY CB LOGGED BY CB REVIEWED BY CAP DESCRIPTION/INTE RPRETATION CL ALLUVIUM: Brown,damp,firm,sandy CLAY:little to some gravel. 5 21 ___ __ _ _ Very stiff. SP Yellowisb-crown,damp,medmm-dense,poor gaded SAND--,f ine sandtrace coarse sand. 18 Little to some cobbles and gravel. SW Ltght Drown,moist,mediumdense,welCgradedSAt with grav�;7me to coarse sam 10 some cobbles. 32 35 Wet. 15 31 ' Q 2dE=! @16': Groundwater encountered during drilling; saturated. -- -- --- ----- eiki' GW Gray,saturated,loose,`well gradede to coazse GRAVEL —— 'K' 2U V1�YO&�OO�� BORINGLOG Alipm Street 5e Line San Juan Capistrano,California —j PRO]ECT NO. DATE FIGURE 206533001 5/06 A-3 U) III a DATE DRILLED 4/7/06 BORING NO. B-2 O o w J GROUND ELEVATION 49'±(MSL) SHEET 2 OF 2 O p 4v • 3: c > o M N ? METHOD OF DRILLING S"Hollow-Stem Auger CME-75(ABC Liovin) a. to W -5.0 > m N 4 g DRIVE WEIGHT 140 lbs.(Auto.Trip Hammer) DROP 30" 0 U of SAMPLED BY CB LOGGED BY CB REVIEWED BY CAP O DESCRIPTION/INTERPRETATION 20 s GW ALLUVIUM: (Continued) 8 Gray,saturated, loose,well graded fine to coarse GRAVEL. --- -- — --- ------ ----TT------------ CL BuisTi gray,saturated,stip sandy CLAY;few toiorganics. 7 Total Depth=23 feet. Groundwater approximately encountered during drilling at approximately 16 feet. Caved to approximately 14 feet. Backfilled with on-site soils on 4/7/06. 25 30 35 40 �/1lJO�MOOre BORING LOG Alipa street Sewer Line San Juan Capistrano,Caliromia PROTECT NO. DATE FIGURE 206533001 5/06 A-4 Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • APPENDIX B LABORATORY TESTING Classification Soils were visually and texturally classified in accordance with the Unified Soil Classification System (USCS) in general accordance with ASTM D 2488-00. Soil classifications are indicated on the logs of the exploratory borings in Appendix A. In-Place Moisture and Density Tests The moisture content and dry density of relatively undisturbed samples obtained from the ex- ploratory borings were evaluated in general accordance with ASTM D 2937-00. The test results are presented on the logs of the exploratory borings in Appendix A. 200 Wash An evaluation of the percentage of particles passing the No. 200 sieve in selected soil samples was performed in general accordance with ASTM D 1140-00. The results of the tests are summa- rized on Figure B-1. Atterber¢Limits Tests were performed on a selected representative fine-grained soil sample to evaluate the liquid limit, plastic limit, and plasticity index in general accordance with ASTM D 4318-00. These test results were utilized to evaluate the soil classification in accordance with the USCS. The test re- sults and the soil classification are shown on Figure B-2. Direct Shear Test Direct shear test was performed on a relatively undisturbed sample in general accordance with ASTM D 3080-03 to evaluate the shear strength characteristics of selected material. The sample was inundated during shearing to represent adverse field conditions. The results are graphically presented on Figure B-3. Sand Equivalent Sand equivalent (SE) test was performed on a selected representative sample in general accor- dance with ASTM D 2419-02. The SE value presented on Figure B-4 represents the ratio of the coarse- to fine-grained particles in the selected sample. • ZM513001 RG Eval wdoc /�/nya&Moore Alipaz Street Sewer Line May 23, 2006, Revised June 29, 2006 San Juan Capistrano, California Project No. 206533001 • Soil Corrosivity Tests Soil pH, and resistivity tests were performed on a representative sample in general accordance with California Test (CT) 643. The soluble sulfate and chloride contents of selected samples were evaluated in general accordance with CT 417 and 422, respectively. The test results are pre- sented on Figure B-5. • �r��►yo&Muu�e 3065))001 R Geo Evil rw.doc 2 . SAMPLE SAMPLE PERCENT PERCENT USCS LOCATION DEPTH DESCRIPTION PASSING PASSING (TOTAL (FT) NO.4 NO.200 SAMPLE) B-1 7.5-9.0 Sandy CLAY 97 53 CL B-2 5.0-6.0 Sandy CLAY 100 53 CL PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 1140-00 4 #ln.#D&*oore NO. 200 SIEVE ANALYSIS FIGURE PROJECT NO. DATE Alipaz Street Sewer Line 206533001 5/06 San Juan Capistrano,California B'1 20 70W19-1,8kae®86-8 artl 9205-65a LIQUID PLASTIC PLASTICITY USCS SYMBOL LOCATION DEPTH LIMIT, LIMIT, INDEX, CLASSIFICATION USCS (FT) LL(%) PL(%) PI(%) (Fraction Finer Than (Entire Sample) • No.40 Sieve) • B-1 10.0-11.5 29 13 16 CL CL 60 • 50 CH or OH 40 e a 30 CL or OL leol 20 MH or OH Z 10 74 CL-ML ML or OL 0 0 10 20 30 40 50 60 70 80 90 100 LL(%) PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 4318-00 /1/Inyo�MOOCO ATTERBERG LIMITS TEST RESULTS FIGURE PROJECT NO. DATE Alipaz Street Sevier Line 206533001 5/06 San Juan Capistrano,California B-2 20533MI 0-2,Me"rg@W 115.x15 SAMPLE LOCATION SAMPLE DEPTH (FT) SOIL TYPE SAND EQUIVALENT B-1 3.0-6.0 CL 8 • PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 2419-02 SAND EQUIVALENT VALUE FIGURE PROJECT NO. DATE Alipaz Street Sewer Une San Juan Capistrano,California B-4 206533001 5/O6 206533001 Bi Sano Eq-v A SAMPLE SAMPLE DEPTH1 RESISTIVITY 1 SULFATECHLORIDE LOCATION (FT) PH (Ohrncm) CONTENT2 CONTENT N (ppm) B-1 10.0-11.5 8.0 1,810 0.015 70 1 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 643 2 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 417 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 422 #! ,f0,* QQr® CORROSIVITY TEST RESULTS FIGURE PROJECT NO. DATE Alipaz Street Sewer Line San Juan Capistrano,California B.5 206533001 5/06 20533001 B-5,G ffmWY®10-115.xs