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10-0427_RODRIGUEZ BROTHERS ENGINEERING, INC._Contract CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as"CITY" and Rodriguez Brothers Engineering,Inc.,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 Calle Lorenzo and Calle Resplendor Storm Drain Improvement Proiect(CIP 0750 1) 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 impractical 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 Dollars($500)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 Dollar ($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,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.comfemployerregistration. 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. 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 apistr DATED: tl/ a 7 BY: Dr. Londres Uso, Mayor BY: r CONTRACTOR, LICENSE NO. AND CLASSIFICATION ac)DQl6ficz aRoTf+Eas CW(71nrFcn�t,� �ivc Cp�a9�9 - A c�a 1A is rrts, City C r APPROVED AS TO FORM: Omar San oval, City Attorney C-4 EXECUTED IN TWO(2)IDENTICAL COUNTERPARTS BOND NO:2307630 PREMIUM:$8,726.00 PERFORMANCE BOND KNOW ALL MEN BY THESE,PRESENTS: That RODRIGUEZ BROTHERS ENGINEERING,INC. , as Principal,hereinafter called CONTRACTOR, and INSURANCE COMPANY OF THE WEST 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 SIX HUNDRED SEVENTY-FIVE THOUSAND FOUR HUNDRED AND N0/100THS($675,400.00) Dollars for payment whereof Contractor and Surety bond themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally,fairly by these presents. WI-IEREAS,Contractor has by written agreement dated Y/9 7 /301 D entered into a(describe agreement): CONSTRUCTION OF CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN IMPROVEMENT PROJECT 07501);AS MORE FULLY DESCRIBED IN THE CONTRACT 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 anyway 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 Df workto be performed thereunder. Executed this 23RD day of APRIL 2010, at SAN DIEGO , California. RODRIGUEZ BROTHERS ENGINEERING,INC. PRINCIPAL BY: DOSE CAIS RvArz�c,�EZ APPROVED AS TO FORM (NOTARIZATION AND SEAL) OMAR SANDOVAL, CITY ATTORNEY INSURANCE CO ANY OF THE WEST SURETY BY: GLADYS ROGERS,ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) PB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 ' County of SAN DIEGO )} ... On APRIL 23,2010 before me, B.LAFRENZ,NOTARY PUBLIC Dau Han maid Name aM Tale of 0u or. personally appeared GLADYS ROGERS Names)a sign (.) who proved to me on the basis of satisfactory evidence to be the person($) whose name() ishft subscribed to the within Instrument and acknowledged to me that hallshefft executed the same in his/her/their authorized 1pM>y capacity(ies), and that by fBb/her/WYdfr signature(f(}on the oProm OWN" I ti19 mw Grimy Instrument the person(g), or the entity upon behalf of w Cw, rM x1/ which the person(g)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESSSignature 9 m hand and official seal. ' Mara Nobryaeal Ab" Si9naNme Notary Pu06o OPTIONAL Though the Information below is not required by law,It may prove valuable to persons relying on the document and couldprevent fraudulent remove?and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signet's Name: ❑ Individual ❑Individual ❑ Corporate Officer—Tille(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑Partner—O Limited ❑General ® Attorney in Fact top or?numb Aare ❑Attorney In Fact top thumb Aare ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: SURETY 02W3 Na9onW Nmary Asseda6on•92600e Sdv Aa,P.QBar24a3•ChatswM,CA 9121}2403•v.Ww.N•YMe'N•Wyarq Xem•5511 PawEer.WTdFFne 1-000.9]6-612) No. 0005147 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint BROOKE LAFRENZ,LARRY D.COGDILL,MICHAEL THOMAS,GLADYS ROGERS their true and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. 'O° rR .�o io��.,�,-F�� INSURANCE COMPANY OF THE WEST o,aSEAL z ��' V' 1K EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY °euormrs ��/ Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California }as, County of San Diego On May 21,2009,before me,JoAnn Pache,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal../� fin. ooa,M,r JoAnn Pache,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Semor Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-iii-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any outer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE L the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 23rd day of.__ April 2010 Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask fur the Surety Division. Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. EXECUTED IN TWO(2)IDENTICAL COUNTERPARTS BOND NO:2307630 PREMIUM:$8,726.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That RODRIGUEZ BROTHERS ENGINEERING,INC. as Principal,hereinafter called CONTRACTOR, and INSURANCE COMPANY OF THE WEST 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 SIX HUNDRED SEVENTY-FIVE THOUSAND FOUR HUNDRED AND N0/100THS($675,400.00) 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 L1I 2-7 I aol b entered into a(describe agreement): CONSTRUCTION OF CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN IMPROVEMENT PROJECT (CIP 07501);AS MORE FULLY DESCRIBED IN THE CONTRACT 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 23RD day of APRIL 2010, at SAN DIEGO , California. RODRIGUEZ BROTHERS ENGINEERING,INC. PRINCIPAL (/ 0-e'6 APPROVED AS TO FORM (NOTARIZATION AND SEAL) OMAR SANDOVAL, CITY ATTORNEY INSURANCE COMPANY OF THE WEST SURETY BY, GLADYS OGERS,ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) PB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 ' County of SAN DIEGO J} On APRIL 29,2010 before me, _ B.LAFRENZ,NOTARY PUBLIC Osie Nen Inxrl Name entl Tee of 0w Olripr personally appeared GLADYS ROGERS Neme(o)of SSg,rer(c) who proved to me on the basis of satisfactory evidence to be the person(*) whose name(9) is/i(fe subscribed to the within Instrument and acknowledged to me that ha/shett*executed the same in his/her/their authorized capacity(ies), and that by fUk/herAf lir signature(g)on the p�yMpta I&I instrument the person(g), or the entity upon behalf of logo� on* which the person(g)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L _ Pb Nd TSml ADeve ignalM of try POO a OPTIONAL Though the Informal/on below Is nor required by law,Q may prove vakab/e to persons relying on the document and could prevent fraudulent removal and reattachment of th/s Corm to another accument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ individual ❑individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Tille(s): ❑ Partner—❑Limited ❑General _ ❑Partner—❑Limited ❑General EMEHADI_ ® Attorney In Fact ❑Attorney in Fact ❑ Trustee Top of Itumb Fere ❑Trustee Top of 0r4mb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: SURETY Ll 0200)tyeanal NOVy Auodal'cn•9350 Da Soto A�e.,P.O.Box 24d2•Cluhwwe,,CA 810f32402•xvrx.Natav'Nourroq Man x590) eeoiEor.CaY TdFFroo IEOPa)aeM) No. 0005047 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint BROOKE LAFRENZ,LARRY D.COGDILL,MICHAEL THOMAS,GLADYS ROGERS their true and lawful Atmmey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. /yT w, woay.wve xdSUWNp.. ��o� p' INSURANCE COMPANY OF THE WEST o °8EAL,�i v p\ EXPLORER INSURANCE COMPANY a `�� INDEPENDENCE CASUALTY AND SURETY COMPANY rA1601W'� �� Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California )as. County of San Diego On May 21,2009,before me,JoAnn Pache,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)is/we subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. JO"PACK 1JM?AMARILWJ WWWAT 900 0=0 ODLWM lqu MY CbMMbVM JoAnn Pache,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-m-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West.Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Bounds of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 23176 day of April 2010 �f/f 'effrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for We wrcry Division. Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. EXECUTED IN TWO(2)IDENTICAL COUNTERPARTS BOND NO:2307630 Premium Included IN PERFORMANCE BOND 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 RODRIGUEZ BROTHERS ENGINEERING,INC. , license No. 670969 i hereinafter designated as "Principal", a contract for CONSTRUCTION OF CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN IMPROVEMENTS PROJECT (CIP07501) : 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 RODRIGUEZ BROTHERS ENGINEERING,INC. Principal, and INSURANCE COMPANY OF THE WEST as surety, are Held firmly bound unto the City of San Juan Capistrano,a municipal corporation,in the penal sum of SIX HUNDRED SEVENTY-FIVE THOUSAND FOUR HUNDRED AND NO1100THS---- DOLLARS ($67s,aoo.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 wotk 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"signs-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 TWO (2)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 23RD day'of APRIL 2010. 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. RODRIGUEZ BROTHERS ENGINEERING,INC. PRINCIPAL B 1r� INSURANCE COMP NY OF THE WEST SURETY By G S ROGERS.ATTORNEY-IN-FACT APPROVED AS TO FORM OMAR SANDOVAL, CITY ATTORNEY LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of SAN DIEGO J} on APRIL 23,2010 before me, B.LAFRENZ,NOTARY PUBLIC pale New Insect Name a Tele of em Officer personally appeared GLADYS ROGERS Neme(a)el Sig,reRs) who proved to me on the basis of satisfactory evidence to be the person($) whose name()) is/b'tb subscribed to the within Instrument and acknowledged to me that ha/she/11"executed the same in hisIher/their authorized capacity(tes), and that by fgh/herliwr signature(g)on the Instrument the person(tt), or the entity upon behalf of which the person(#)acted, executed the instrument. ® waiMt*rtr I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 6' Mete Notary seal Abmre Slgnalemo Notarypu OPTIONAL Though the Imermal/on below Is not required by law,It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of(ills form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer($)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signers Name: Signer's Name: 0 Individual ❑Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Titte(s): ❑ Partner—❑Limited 0 General ❑Partner—❑Limited O General ® Attorney in Fact ❑Attorney in Fact ❑ Trustee Top o/thumb here p Trustee Top m thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: SURETY 0200]Naa'mel Notary AesecWdon•9350WSoto Aw.,P.O.Bo�S4e1•CMtsxoM,CA 91�f]-2CO2•xxv<NeEau'Nouryuq Mpn YSWr fleorEer.CwlTdFFrw1A06816d82T • No. 0005047 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint BROOKE LAFRENZ,LARRY D.COGDILL,MICHAEL THOMAS,GLADYS ROGERS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. Ecoatuir�, �SUWN�`, i F /O/ GA INSURANCE COMPANY OF THE WEST O°SEAL r / , II(m p%" EXPLORER INSURANCE COMPANY 'tit+.`°�'' d .zoeau.•,t� �� i/a y qq� INDEPENDENCE CASUALTY AND SURETY COMPANY eALM1Op➢� .' ��.trr �J'/ Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California }ss. County of San Diego On May 21,2009,before me,JoAnn Pacts,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved w 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 they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. 1 ,11 139JoAnn Pache,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-m-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE L the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. INWITNESS WHEREOF,I have set my hand this 23rd day of _71,Dri1 _ 2010 Jeffiey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above named individuals)and details of the bond to which the power is attached. For information or tiling claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. EXECUTED IN TWO(2)IDENTICAL COUNTERPARTS BOND NO:2307630 Premium Included IN PERFORMANCE BOND 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 RODRIGUEZ BROTHERS ENGINEERING,INC. License No. 670969 , hereinafter designated as "Principal", a contract for CONSTRUCTION OF CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN IMPROVEMENTS PROJECT (CIP 07601) : 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 RODRIGUEZ BROTHERS ENGINEERING,INC. Principal, and INSURANCE COMPANY OF THE WEST as surety, are Held firmly bound unto the City of San Juan Capistrano,a municipal corporation,in the penal sura of SIX HUNDRED SEVENTY-FIVE THOUSAND FOUR HUNDRED AND NO/100THS------ DOLLARS ($s7s,aoa.00— 1,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 UDemployment 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 e 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 Two (2)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 23RD day,of APRIL . 2010. The name and corporate seal of each corporate party being hereto axed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. RODRIGUEZ BROTHERS ENGINEERING,INC. PRINCIPAL B INSURANCE COMPANY OF THE WEST SURETY By S ROGERS,ATTORNEY-IN-FACT APPROVED AS TO FORM OMAR SANDOVAL,CITY ATTORNEY LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO , On APRIL 23,2010 before me, B.LAFRENZ,NOTARY PUBLIC Dale Nese lived Name erd rde dPe Olrcer personally appeared GLADYS ROGERS Name(e)of SiBrier(e) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(S) isli fb subscribed to the within Instrument and acknowledged to me that he/shelff*executed the same in hialherltheir authorized capacity(fes), and that by lith/her/YAW signature(i}on the Instrument the person(II), or the entity upon behalf of errirMiuta„ which the person(#)acted, executed the instrument. ceM. tt I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary SW nbore Signature f ipnaNm of !Wary Pubbo OPTIONAL Though the Information below Is no required by law,R may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Slgner(s)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signers Name: Signer's Name: ❑ Individual ❑Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): O Partner—❑Limited ❑General ❑Partner—❑Limited ❑General ® Attorney in Fact ❑Attorney In Fact ❑ Trustee Top of lnvmb tare ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: SURETY 020p]Nal'enel Notary A6teCie6M•9350 De Sob Aw.,P.O.Bcx 24p2•ChabxpM,CA 910f 12402•wxxNedono'NotaryarB llem15801` Reador:WlotFreeiL 87e4 7 No. 0005047 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint BROOKE LAFRENZ,LARRY D.COGDILL,MICHAEL THOMAS,GLADYS ROGERS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. ssoarexra� w/j7e�� K� � INSURANCE COMPANY OF THE WE STxEXPLORER INSURANCE COMPANYO ai INDEPENDENCE CASUALTY AND SURETY COMPANY a+xROMw,s '� �' oNi yy xe�i Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California }as. County of San Diego On May 21,2009,before me,JoAnn Pache,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,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 they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Lq 01- a JoAnn Pache,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE 4 the undersigned,Assistant Secretary of Insurance Company of the West.Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been re,oked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 23rd day of April _ 2010 41( JefRey D.Sweeney,Assistant Secretary ToTo verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for rhs Surety Division. Please refer m the Power of Attorney Number,the above named individual(s)and details of the bond in which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. 4/20/2010 AGENDA REPORT D7 TO: Joe Tait, City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Contract for Calle Lorenzo & Calle Resplendor Storm Drain Improvement Project and Approval of Personal Services Agreement for Construction Support Services With Lawson & Associates Geotechnical Consulting, Inc., Adams-Streeter Civil Engineers, Inc., and TWNiemann, Inc. (CIP No. 07501) (Rodriquez Brothers Engineering, Inc.) RECOMMENDATION By motion, 1. Award the contract for Calle Lorenzo & Calle Resplendor Storm Drain Improvement Project (CIP No. 07501) to the lowest responsible bidder, Rodriquez Brothers Engineering, Inc., in the amount of$675,400 and reject all other bids; and, 2. Approve Personal Services Agreements with Lawson & Associates Geotechnical Consulting, Inc., Adams-Streeter Civil Engineers, Inc., and TWNiemann, Inc., for construction support services in the total amount of $78,030 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, Rodriquez Brothers Engineering, Inc., in the amount of $675,400. Staff is also recommending the approval of Personal Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., Adams-Streeter Civil Engineers, Inc., and Niemann, Inc. for construction support services in the amounts of $16,030, $19,750, and $42,250 respectively. B. Background On April 7, 2009, City Council approved a Personal Services Agreement with Adams-Streeter Civil Engineers, Inc. to prepare plans for the Calle Lorenzo and Resplendor Storm Drain Improvement Project (CIP 07501). City Council also approved an appropriation of$966,358 from General Fund Reserves to support an increase in CIP Account No. 50-83399-XXXXX-07501-000 for design, construction Agenda Report April 20, 2010 Page 2 and contingencies, and for project administration, management, and inspection by staff. On February 16, 2010, City Council approved the project's Plans and Specifications, and authorized Staff to receive bids. Bids were received and opened on March 22, 2010. Bids are valid until June 20, 2010, a period of ninety (90) days from the bid opening date. A total of nine (9) bids were received for the project as follows: Contractor Name Bid Amount Rodriguez Brothers Engineering, Inc. $ 675,400 Garcia Juarez Construction, Inc. $ 748,890 ' Williams Pipeline Contractors, Inc. $ 802,915 x KEC Engineering, Inc. $ 837,655 SDR Engineering, Inc. $ 841,855 GCI Construction, Inc. $ 911,160 Clark Contracting Corporation $ 996,125 Doty Bros. Equipment Company $ 1,221,349 Pro-Craft Plumbing Company, Inc. $ 1,345,800 Bid numbers verified for four lowest bids. Five of the nine bids received were below the project engineer's estimate of $866,125. Rodriguez Brothers Engineering's bid amount of$675,400 is below the project engineer's estimate by $190,725. Mendoza Paving and HMK Engineering, Inc. (surveyor) were listed as subcontractors for the low responsible bidder. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS Funding in the amount of $1,474,235.43 is available for the project in account No. 50- 00000-XXXXX-07501-000 as of February 2, 2010, and is sufficient to cover the cost of construction ($675,400), and construction support services ($78,030) totaling $753,430. NOTIFICATION Jose Luis Rodriguez (Rodriguez Brothers Engineering, Inc.) Jim Jackson (Garcia Juarez Construction, Inc.) John Williams (Williams Pipeline Contractors, Inc.) Leslie Card (KEC Engineering, Inc.) Agenda Report April 20, 2010 Page 3 Scott Denton (SDR Engineering, Inc.) Floyd Bennett (GCI Construction, Inc.) John Clarke (Clark Contracting Corporation) Henry Barber (Doty Bros. Equipment Company) Timothy McFayden (Pro-Craft Plumbing Company, Inc.) Mohammad Abadi, P.E. (Adams-Streeter Civil Engineers) Dennis Boratynec (Lawson &Associates Geotechnical Consulting, Inc.) Todd Niemann (TWNiemann, Inc.) Susan Yee (CalTrans District 12) Janelle Mauch (Association Management & Maintenance Corporation or AMMCOR) Craig Farrington (Woodruff, Spradlin & Smart) Martin Lee, Esq. (Feldsott & Lee) RECOMMENDATION By motion, 1. Award the contract for Calle Lorenzo & Calle Resplendor Storm Drain Improvement Project (CIP No. 07501) to the lowest responsible bidder, Rodriquez Brothers Engineering, Inc., in the amount of$675,400, and reject all other bids; and, 2. Approve Personal Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., Adams-Streeter Civil Engineers, Inc., and TWNiemann, Inc., for construction support services in the total amount of $78,030 and authorize the City Manager to execute the agreements. Respectfully submitted: Prepared b7: Nasser Abbaszadeh, P.E. Khoon Tan, P.E. Public Works Director Associate Engineer Attachment(s): 1. Location Map 2. Personal Services Agreements (Lawson & Associates, Adams- Streeter Civil Engineers, and TWNiemann, Inc.) 3. Contract (Rodriguez Brothers Engineering, Inc.) THE CITY OF SAN JUAN CAPISTRANO CALLE RESPLENDOR STORM DRAIN IMPROVEMENTS (CIP 07501) LOCATION ell DEL 6000 9000 Feet ATTACHMENT 1 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 20th day of April, 2010, 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 Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501); 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 December 31, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Sixteen Thousand and Thirty Dollars ($16,030) 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 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 A. 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. i 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. I Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 1 Section 9. Compliance with Law: E-Verifv. 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 htps://www.vis-dhs.com/emoloverregistration. 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. j fl 3 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 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 VI I or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement,Consultant shall maintain in full force j 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. I 14.2 Comprehensive Automobile Liability. I 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. I 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 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: Lawson & Associates Geotechnical Consulting, Inc. 1319 Calle Avanzado San Clemente, CA 92673 Attn: Dennis Boratynec 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"). i 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Tait, City Manager CONSULTANT By: � —�— '�M President Lawson & Associates, Inc. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: - Omar San oval, Ci y ttorne 7 103 Lawson&Associates Geotechnical Consulting,Inc. EXHIBIT 111-A" March 22,2010 Project No. 101027-01 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 Storm Drain Construction, Calle Lorenzo and Calle Resplendor, 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 storm drain along Calle Lorenzo and Calle Resplendor in the City of San Juan Capistrano, California. Based upon our review of the construction plans prepared by Adams Streeter Civil Engineers, Inc., we understand that the project will include the construction of approximately 1,400 feet of storm drain along Calle Lorenzo and Calle Resplendor. The average depth of the proposed storm drain trench is approximately 6 to 10 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 storm drain trench excavation bottom and backfill, replacement of pavement and curb and gutter, 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 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 subgrade and base below replaced sidewalk and curb and gutter, and replacement asphalt paving upon completion of trench backfill operations. Our field representatives will be on site on a part-time on-call basis during these operations. li 1319 Calle Avanzado.San Clemente•CA 92673.6351 .(949)369-6141 .Fax(949)369.6142 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 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. Task Estimated Rate Total Hours • Observation and testing during storm drain excavation&backfill 100 $95 $ 9,500.00 - Assume 25 working days to complete @ 4 hours per da • Observation and testing during replacement of sidewalk, curb & gutter, and paving 24 $95 $ 2,280.00 - Assume 6 working days to complete @ 4 hours per da • Laboratory testing (max density vs. optimum moisture, sieve N/A n/a $ 75 • 00.00 analysis, &sandequivalent) Project coordination&preparation of final geotechnical report N/A N/A $ 3, 0.00 TOTAL: $16,030.00 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 Sixteen Thousand Thirty Dollars ($16,030.00). 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. Assumations Please note that the following assumptions have been made in preparation of this proposal and cost estimate: I. 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 storm drain 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. 1 01 02 7-01 Page 2 March 22, 2010 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 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. 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. 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. Dennis Bo ynec Vice Presid Int DJB/kjf Attachment: 2007 Professional Fee Schedule Distribution: (2) Addressee � II I I 1 I I Project No. 101027-01 Page 3 March 22, 2010 Lawson&Associates Geotechnical Consulting,Im o suiting,Inc. 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 Project Engineer/Geologist....................................................................................................................... 110.00 Associate Engineer/Geologist................................................................................................................... 130.00 Principal Engineer/Geologist.................................................................................................................... 170.00 Engineering Equipment VehicleUsage...........................................................................................................................$ 10.00/per hour Tiltmeter,Inclinometer Vibration Monitor....................................................................................60.00/per day NuclearSoil Gauge........................................................................................................................75.00/per day Water Level Sounder......................................................................................................................50.00/per day PortableGenerator.........................................................................................................................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 times 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$5,000.00 or less. The balance is due upon report delivery. Proposals are valid for 30 days, unless otherwise stated. Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost, plus 20 percent, unless billed directly to,and paid by the Client. 30 percent of the fee for field studies will be invoiced immediately upon authorization to cover equipment and mobilization costs. I Client agrees to provide all information in Client's possession about the actual or possible presence of buried utilities and hazardous materials on the site, and agrees to reimburse LGC for all costs related to their unanticipated discovery. 1319 Calle Avanzado•San Clemente•CA 92673-6361 •(949)369.6141 •Fax(949)369.6142 i Laboratory Charges I Test Rate MoistureContent....................................................................................................................................$ 10.00 Moisture and Density(ring samples)..........................................................................................................20.00 Moisture and Density(shelby tube)............................................................................................................60.00 Maximum Dry Density(optimum moisture content)................................................................................ 150.00 MaximumDensity Checkpoint...................................................................................................................75.00 SpecificGravity-Fine Aggregate..............................................................................................................85.00 Specific Gravity-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(1pt).................................................................................................................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 be 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. ® III PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into,and shall become effective this 20th day of April,2009,by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Adams-Streeter Civil Engineers, Inc. (hereinafter referred to as the "Consultant'). RECITALS: WHEREAS,City desires to retain the services of Consultant to provide construction support services for the Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501); 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 December 31, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Nineteen Thousand Seven Hundred and Fifty Dollars($19,750)as set forth in Exhibit"l-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. I 1 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 6. Time of Essence. Time is of the essence in the performance of this Agreement, however, it is recognized that Consultant must perform with due and reasonable diligence in accordance with professional standards. I 2 i i 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 in effect at the execution of the Agreement. 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 goy, or access the registration page at haps:/.iwww.vis-dhs.cc m/employgrregistraticn. 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,except as required by law or as needed to establish a defense.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. City agrees not to reuse or modify project documents and to defend and indemnify Consultant if project documents are reused or modified. 3 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,to the extent caused by the negligence, and/or j 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 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). i 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. i 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. i 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: Adams-Streeter Civil Engineers, Inc. 15 Corporate Park Irvine, CA 92606 Attn: Randal L. Streeter, 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 to which he may be entitled to the extent incurred as a result of negligent performance. 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Tait, City Manager CONSUL T By: Ra dal L. Streeter, P.E. Adams-Streeter Civil Engineers, Inc. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: 6-4A04J0146&h2 I - mar an bal, ity Attorney 7 i i EXHIBIT "1-A" PROPOSAL FOR ENGINEERING SERVICES FOR CONSTRUCTION SUPPORT SERVICES CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN (CIP 07501) SAN JUAN CAPISTRANO, CALIFORNIA Prepared For: City of San Juan Capistrano Mr. Khoon Tan PE 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Prepared By: mm Al),,km5 S�rRFFIFR ( Ihll LNGIN FIRS IN( . 15 Corporate Park Irvine, California 92626 Attention: Randal L. Streeter Telephone: (949)474-2330 Fax: (949) 474-0251 E-Mail: rstreeterCa7adams-streeter.com March 19, 2010 ADAMS , I RIFF7 Fit ! IVII I NGINI IA?S IN( , March 19, 2010 Mr. Khoon Tan PE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: CONSTRUCTION SUPPORT SERVICES CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN (CIP 07501) SAN JUAN CAPISTRANO, CALIFORNIA Dear Mr. Tan: In response to your request, we are pleased to submit this proposal for Construction support services for the subject project. SCOPE OF WORK The Scope of Work, subject to your approval, will be as follows: 1. PRECONSTRUCTION MEETINGS AND FIELD SITE VISITS Attend preconstruction meetings and visit the project site as requested by the city to address field issues that may arise during the construction. 2. SHOP DRAWING REVIEW Provide reviews of shop drawings submitted by the contractor to ensure conformance with project plans and specifications. Mr. Khoon Tan PE City of San Juan Capistrano March 19, 2010 Page 2 3. MATERIAL SUBMITTAL AND SUBSTITUTE MATERIAL REVIEW Review material submittals and material substitutions by the contractor to ensure the materials are appropriate for the project. 4. REQUEST FOR INFORMATION (RFI) i Provide response to Requests for Information and details for City staff/contractors and provide alternative designs/solutions that may be needed to address any issues not anticipitated and unknown conditions encountered in the field during construction. 5. AS-BUILT AND RECORD DRAWINGS Prepare as-built drawings based on the redlined as-built plans provided by the project contractor. Revise AutoCAD drawings to reflect the as-built conditions and provided one set of mylar and one set of CD with electronic files for City records. ASSUMPTIONS AND EXCLUSIONS 1. Inspection, soils and geotechnical services are not included in this scope of work. 2. This scope of work is based on the approved storm drain plans for the subject project. 3. Redesign, revisions and changes to plans are not included in this scope of work except as stated in the above scope of work. 4. Structural calculations or review of shoring design is not included in this scope of work. 5. Construction surveying or surveying for as-builts is not included in this scope of work. it I I it Mr. Khoon Tan PE City of San Juan Capistrano March 19, 2010 Page 3 ENGINEERING FEES The total engineering fee, not to exceed without written authorization,will be: 1. Preconstruction meetings and field site visits .............................................................$ 5,250 2. Shop drawing Review ................................................................................................$ 3,500 3. Material submittal and substitute material review .......................................................$ 3,250 4. Request for information (RFI) ......................................................................................$ 5,000 5. As-built and record drawings .......................................................................................$ 2,750 GRAND TOTAL .............................................. 519.750 i I I i Mi Khoon I an PE City of San Juan Caapistralio March 19. 2010 Page 4 I BILGING i All billing will be invoiced moint-rly ori a percentage completion basis fila above; Scope of Work and w y additional services will be based on the. following current hourly rates. Office $125JHour Field 2-Man Survey Crew $215Wcur These rates will remain in effect through July, 2010 at which time they may be changed due to Union negotiations. All out of pocket expenses, such as filing fees- reproduction and delivery criargos will be extra and invoiced at our direct cost. It is a pleasure to submit this proposal- We would be happy to discuss Its intent with you at your convonience Please sign below and return the documont to our office tot our signature We will return a hilly executed copy for your records VVe look forward to providing you the finest in eoginoering somues and relaied technical assistance. Very truly yours, F RaI)(JAI t. Stroeter Vice President I PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 20th day i of April,2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and TWNiemann, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS,City desires to retain the services of Consultantto provide construction management services for the Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501); 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 "l-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 December 31, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Forty Two Thousand Two Hundred and Fifty Dollars ($42,250) as set forth in Exhibit"l-A", attached and incorporated herein by reference. 3.2 Method of Payment. Subiect 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. i 1 I i 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 execjte 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. i 2 i Section 9. Compliance with Law: E-Verifv. 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 htti)://www.uscis.gov, or access the registration page at httr)s://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 IC. 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. i 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 i Section 13. Indemnity. i 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 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 j 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. I 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. �I 5 I 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: TWNiemann, Inc. 124 Avenida San Diego San Clemente, CA 92672 Attn: Todd Niemann, CCM. 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"). i 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Tait, City Manager CONSULTANT By: dd Niemann, President TWNiemann, Inc. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: mar Sanoval, City Attorney 7 EXHIBIT "1-A" Niemann ! Inc March 31, 2010 Mr. Khoon Tan.P.E. Associate Engineer Public Works Department City of San Juan Capistrano 32400 Pased Adelanto San Juan Capistrano, CA 92675 Subject: Proposal for Professional Construction Management Services fortheCalle Lorenzo and Calle Resplendor Storm Drain Improvement Project(CIP 07501) Dear Mr Tan: TWNiemann, Inc, (TWN) is pleased to present our Proposal to provide Professional Construction Management Services in support of the City of San Juan Capistrano's Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project. After reviewing the plans and specifications,and visiting the project site,we have familiarized ourselves with the project and work required. We understand that the work consists of the construction of approximately 1,600 linear feet of new parallel 36"RCP storm drain lines along Calle Lorenzo and Calle Respiendor. Work also includes improvements to the existing 36'storm drain inlet and headwall structure located within the Casitas Capistrano property. The project will be challenging and theproper management of traffic control, construction operations. oveiheadlunderground utility conflicts,environmental mitigation measures and the processes involved in storm drain and underground construction are critical. Meeting these challenges will require diligent monitoring,keen organizational skills and flawless coordination with the City, contractors, regulatory agencies, utility companies and community, Discussing this plan with the Contractor ahead of mobilization is one of our proactive strategies to facilitate the construction effortwith the global idea of being a"project advocate". We will provide a competent,experienced team to meet these challenges and any others that may arise. Our proven experience and success on similar projects provides us with the tools necessary to execute these tasks. This l experience with every aspect of the work and our proactive approach ensures a seamless integration of this project into the community, Most important is our general philosophy to represent the Client in the best manner as an advocate forthe project while creating a proactive working environment with the Contractor. We have over 20 years of construction experience in Orange County and are known and respected by most public works contractors, This relationship immediately fosters trust and mutual respect, which in turn, leads to rapid issue resolution, adherence to schedules and ultimately a successful project- our team is tailored specifically to provide the City of San Juan Capistrano with the resources and expertise to meet project goals-that means delivering a project that will be constructed perthe plans and specifications and constructed on time and within budget. 124 AVENiJA SAN DIEC;O SAN CLCA4-.N'N CA 92672 94'92764721 949 276 47 72 I Mr Khoon Tan March 31,2010 Page 2 By selecting TWN for your professional construction management services,the City of San Juan Capistrano will benefit from a local highly qualified firm experienced in providing cost-effective solutions to municipalities. Specific benefits derived from selecting us include: ✓ Unique familiarity with the City of San Juan Capistrano as the proposed Construction Manager and Inspector have both successfully provided similar construction management&public works inspection services to the City. ✓ Professional Certified Construction Manager (CMCI No. A1226) trained and certified In the practice of professional management applied to the planning, design and construction of projects from inception to completion for the purpose of controlling time, scope,cost and quality, ✓ Registered and Certified Public Works Inspector ensuring a competent, experienced, and well-trained construction inspector, ✓ Licensed General A & B Contractor(CSLB No, 784780) with specialized experience in engineering and building construction means, methods and practices thereby bringing the"Contractor's"perspective to the Owner's side of the table,and ✓ Experienced staff with a thorough knowledge of construction activities,contract administration,construction management,and quality assurance services with resources to provide for immediate response to the City of San Juan Capistrano's needs. Our team is qualified,locally proven,competent,and professional. We will meet the specific challenges of this project. This project is our priority and our team is committed) We have enclosed the following additional information for your review and consideration! Exhibit "A' Scope of Services,Exhibit"B"Compensation,Exhibit'121-l"Fee Schedule,and Exhibit"B-2"Alternate Fee Schedule. Exhibit"B- 1'includes a Construction Manager and Project Inspector both ata pad-time basis. Exhibit"B-2"Alternate includes only a Resident Engineer. The scope of work and deliverables are the same for both. Please let us know if you would like to discuss this in more detail. Thank you for the opportunity to submit this proposal. We look forward to meeting with you to discuss how we will meet the goals and objectives of this very important project. In the meantime,should you have any questions,please contact me anytime at(949)212-4231. Sincerely, TWNiemann I Inc Todd Niemann, CCM ' President Construction Manager I Attachments: Exhibit"A"Scope of Services Exhibit"B'Compensation Exhibit"e-1"Fee Schedule. Exhibit"B-2"Fee Schedule—Alternate Cr File j I i I Construction Management Seivices March31,2010 Calle LorenzolCalle Aesplendor—CIP 07501 Page 1 EXHIBIT "A" SCOPE OF SERVICES i TWNiemann I Inc(TWN)shall provide the following Professional Construction Management Services for the City of San Juan Capistrano's Calle Lorenzo and Calle Resplendor Project (CIP 07501) at the request and direction of the City's Public Works Department: TASK 1 —PRE-CONSTRUCTION AND PROJECT SUPPORT SERVICES 1. Develop Project Management Plan & Review with City Project Management 2. Customize CM Project Manual & Contractor's Handbook 3. Project&Design Team Kick-off Coordination Meeting 4, Project QA/QC Kick-off Review& Coordination Meeting 5. Pre-Job Kick-off Meeting with Contractor 6. Pre-Construction Conference Agenda, Coordination &Administration 7. Preparation and Distribution of Pre-Construction Meeting Minutes 8. Coordinate Submittal/Approval Process 9. Procurement Review and Authorization 10. Document Control Protocols 11. Existing Condition Video & Photo Documentation 12. Long Lead Item Identification 13. Utility Coordination TASK 2—CONSTRUCTION SERVICES 1. Construction Management, Inspection, and Quality Assurance Services 2. Construction Methodology & Logistical/Site Utilization 3. Cost/Change Control Management, Evaluation & Reporting I 4. Schedule Control Management& CPM Construction Scheduling 5. Budget Management& Periodic Financial Reporting 6. Quality Control &Assurance Reporting 7. Document Control 8. Construction Contract Administration 9. Project Accounting, Funding Analysis & Reporting 10. Dispute Resolution &Change Order Negotiations 11. Weekly Progress Meeting Administration 12. Schedule& Monitor Survey and Testing 13. Utility Coordination & Scheduling i Construction Management Services March312010 Calle LorenzolCalle Resplendor-CIP 07501 Page 2 14. As-built Review and Approval 15. Coordinate, Log and Transmit Material Submittals and Shop Drawings 16. Prepare Progress Payment Estimates 17. Weekly Statement of Working Days Accounting 18. Requests for Information/Requests for Clarification (RFI/RFC) Coordination 19. Shop Drawings, Fabrication, and Mill Testing of Equipment and Materials Coordination 20.Assist in the Coordination and Testing of Equipment, Materials and Appurtenances for Conformance with the Design Concepts and Contract Documents 21. Review and Evaluate Test Results and Make Appropriate Recommendations to City Project Management Prior to the Installation of Equipment and Acceptance of the Constructed or Furnished Facilities 22. Prepare Supplementary Sketches and Details, as Required,to Resolve Field Construction Issues 23. Prepare a Work Schedule for Project Related Tasks and Staffing Requirements 24. Coordinate with City Staff and Representatives of Utilities, Government Agencies, and Community During Construction 25.Arrange for and Participate in Meetings, In Addition to Weekly Project Progress Meetings, with City Project Management to Review Progress of the Project and Exchange Ideas and Information 26. Meet with City Project Management to discuss the key issues and develop general Project Criteria for Construction, Including Schedule and Possible Ways of Minimizing Problems (TWN will prepare and submit meeting agendas for approval prior to each meeting) 27. Record the Minutes of all Meetings and Submit a Copy of the Minutes to City Project Manager within Five (5)Working Days after Each Meeting TASK 3-POST CONSTRUCTION SERVICES M 1. Preliminary and Final Punch-List Preparation, Coordination and Administration 2. Develop Functional Testing & Start-up Plan 3. Confirm Resolution of All Outstanding Claims 4. Start-Up/Commissioning &Turnover Coordination 5. Landscape Maintenance&Plant Establishment Coordination & Monitoring 6. Warranty Program Review& Coordination 7. Review As-built Plans for Accuracy&Turnover 8. Submit Final Construction File to City Project Manager 9. Provide Assistance in Verification of Intermediate and Final Acceptance. Final Acceptance Shall Require All the Components for the Project to be Fully Operational, Including Necessary Testing, Start-up and Jurisdictional Transfer of all or the Respective Portions of Each Substantially Completed Facility from its Construction Phase to Operational Phase i Construction Management Services Mann 31,2010 Calle LorenzolCalle Resplendor—CIP 07501 Page 3 CLIENT RESPONSIBILITIES 1) Provide access to the site as necessary. 2) Provide all applicable approved plans and related Contract Documents. 3) Obtain all necessary permits. 4) Acquire all required environmental clearances for the project. 5) Client will require any construction contractors to indemnify TWNiemann, Inc. from any and all losses, damages, claims, expenses, including attorneys fees, and costs arising out of the contractor's work, excepting only losses, damages, claims, expenses including attorneys fees, and costs which are caused by the sole negligence or willful misconduct ofTWN in performing it's services undei this agreement. Client will require that the construction contractors add TWNiemann, Inc. (Consultant) as an additional insured in the comprehensive general liability, auto liability,workers' compensation and builders risk insurance coverage required by Client. 6) All other work not specifically noted in this scope of services. 7) Additional Construction Management, Inspection, and or Quality Assurance services will be performed, if requested, on an hourly basis for an additional fee under a separate work authorization. EXCLUSIONS Any work relating to the following is specifically excluded from the Scope of Services proposed herein and, if required, must be contracted for under a separate contract or as an addendum to this contract: 1) Utility potholing 2) Field office 3) Right-of-Entry or Agency permit processing 4) Hazardous waste investigations and management 5) Traffic control management 6) Construction survey 7) Any other work task not specifically in the Scope of Services i i Construction Management Services March 31,2010 Calle LorenzolCalle Resplendor-CIP 07501 Page 4 EXHIBIT "B" COMPENSATION TWN shall be compensated for the Scope of Services described herein on a time and materials basis according to the attached Fee Schedule (Exhibit"B-1"&"B-2"ALTERNATE)and budgets based upon estimated construction duration of seventy-five (75) calendar days: WORK TASK-EXHIBIT 11B-1" CM SERVICES FEE Task 1 Pre-Construction & Project Support Services $4,200 Task 2 Construction Services $35,250 Task 3 Post Construction Services $2,800 TOTAL BUDGET $42,250 WORK TASK-EXHIBIT "B-2" RE SERVICES (ALTERNATE) FEE Task 1 Pre-Construction & Project Support Services $4,060 Task 2 Construction Services $31,890 Task 3 Post Construction Services $4,060 TOTAL BUDGET $40,010 Progress billings will be forwarded to the Client on a monthly basis and net will be due within thirty (30) days of receipt. These billings will include the fees earned for the billing period plus all direct costs advanced by TWN. The hourly rate includes all gas, mileage and cell phone charges. The Client shall make every reasonable effort to review invoices within fifteen(15)calendar days from the date of receipt of the invoices and shall notify TWN in writing of any particular item that is alleged to be incorrect. Due to ever-changing costs, the Hourly Rate is normally re-evaluated during the month of January of each year to determine the need for any changes to the rates in effect during the previous year. However,the fees noted herein shall apply until December 31, 2010. Due to ever-changing costs,TWN will increase those por;Ions of the contract fee for which work must still be completed after December 31, 2010 by an amount agreeable with the City of San Juan Capistrano. Subconsultant, reproduction, messenger service, delivery, and all other services required as a direct expense of the project will be charged as an additional cost plus 15%. EXHIBIT "B-1" - FEE SHEDULE CITY OF SAN JUAN CAPISTRANO Niemann IncConstruction Management Services ® rx ixi4s Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project(CIP 07501) March 31, 2010 CONSTRUCTION MANAGEMENT SERVICES PROPOSED TEAM EFFORT Total TASK TASK DESCRIPTION Construction" construction Aamin: Relmti. -""Esfimateo! ManageP 1.p.: Ass4,'- ' Fees- Fee hourly rate $ 125.00 $ 75.01 $ - $ 35. 101 Budget 1.0 PRE-CONSTRUCTION PHASE Pre-construction and Project Su port Services 241 16 1 0 $0 $ 4,200 SUBTOTAL 241 161 01 0 $0 $ 4,200 2.0 CONSTRUCTIONS PHASE" Construction Services 1601 2001 1 0 $250 $ 35,250 SUBTOTAL 1601 2001 01 01 $250 $ 35,250 3.0 1PROiECT CLOSE-OUT Close-out Services 824 0 $0 $ 2,800 SUBTOTAL 8 24 01 0 $0 $ 2,800 TOTAL 1921 2401 01 11 $ 250 $ 42,250 Fee Proposal is based on a 75 Calendar Day project asuming an 2.5-month(10 weeks)duration. 31 ue,2010 12 37 SJC_Fee Schedule.xls EXHIBIT "13-2" - FEE SHEDULE armee CITY OF SAN JUAN CAPISTRANO Niemann Resident Engineering Services " - - Inc Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project(CIP 07501) March 31, 2010 RESIDENT ENGINEERING SERVICES PROPOSED TEAM EFFORT Total TASK TASK DESCRIPTION Resident Geotech— Field Tech Admin . Retmb. Estimated .Engineer Engineer Asst Fees Fee hourly rate $ 98.00 $ $ - I $ 35.00 Budget LO PRE-CONSTRUCTION PHASE Pre-construction and Project Support Services 401 1 1 4 $0 $ 4,060 SUBTOTAL 401 01 01 4 $0 $ 4,060 2.0 CONSTRUCTION PHASE Construction Services 320 8 $250 $ 31,890 SUBTOTAL 320 0 0 8 $250 $ 31,890 3.D PROJECT CLOSE-OUT Close-out Services 40 4 $0 $ 4,060 SUBTOTAL 40 0 0 4 $0 $ 4,060 TOTAL 400 0 0 16 $ 250 $ 40,010 Fee Proposal is based on a 75 Calendar Day project asuming an 2.5-month(10 weeks)duration. 31 Ma,200 rz 37 SJC_Fee Schedule.xls 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 Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project(CIP 0750 1) 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 impractical 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 Dollars($500)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 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, Tetra Tech, 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 Dollar ($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,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. 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: Dr. Londres Uso, Mayor BY: CONTRACTOR,LICENSE NO. AND CLASSIFICATION ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney C-4 RODRIGUEZ BROTHERS ENGINEERING, INC. Sewer 0 Water 0 Storm Drain 0 Gas Contractor Lic. #670969 Memo To: Khoon Tan, P.E. From: Rosa Reyes CC: Date: 4/29/2010 Re: Calle Lorenzo and Calle Resplendor Storm Drain Listed below are the following items: 1. Two(2)original signed contract 2. Two(2)original signed Performance Bond 3. Two(2)original signed Labor and Material Bond 4. Insurance certificate If you need any additional information, please contact me at(909)923-2837. General Engineering Contractor 2023 S. Bon View Avenue • Ontario, CA 91761 Phone: (909) 923-2837 • Fax: (909) 923-7850 32400 PASEO ADELANTO �� J • MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / (949)4931171SAM ALLEVATO (949)4931053 FAX . 40" u°loom LAURA FREESE InInIRn 1961 THOMAS W.HRIBAR wwwsan%uancapistrano.org D76 • MARK NIELSEN • DR.LONDRES USO TRANSMITTAL TO: Rodriguez Brothers Engineering, Inc Attn: Rosa Reyes 2023 S Bon View Ave Ontario, CA 91761 DATE: May 5, 2010 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Construction Contract — Calle Lorenzo & Calle Resplendor Storm Drain Improvement Project 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 • San Juan Capistrano: Preserving the Past to Enhance the Future �• Printetl on t00°h recydetl paper Bid Opening Report Fo.mI „r Bids Opened March 22, 2010 at 2:00 p.m. Project Title Storm Drain Improvement Project CIP 07501 Project Engineer Khoon Tan, Assoc. Eng Pre Bid Estimate $866,125 Bidder Bid Amount Bid Bond/Addenda? 1 2 $ 1. Pro-Craft Plumbing Company, Inc 1,J'7O 2�LO/y Q / ✓ V 2. Doty Bros. Equipment Company $ �,J"7 9 s l ✓ v / J 3. Rodriguez Brothers Engineering, Inc. $ (fC�� t 0�/ �J l v (� 4. Clarke Contracting Corporation $ Q`L LI! , / �J` / 5. SRD Engineering, Inc. $ �Y { �, �j e / ✓ �� J $ 2 es l v 6. Williams Pipeline Contractors FM , J O 7. KEC Engineering 8. GCI Construction, Inc �9. Garcia Juarez Construction Inc Sign Date �� 10 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. AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECEIVED )ss. County of orange ) 2010 MAR -4 P 4: 39 I am a citizen of the United States and a resident CI i Y CLuif' SAN JUAN CA-IL''.' of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. 1 am the principal clerk of the Capistrano Valley News, a newspaper nonoff um"Tam W" that has been adjudged to be a newspaper of °AL+a 11,011111111111MAM LEWOMMoosara WNW0nwM=W PHDJWr1warm) general circulation by the Superior Court of the No. �xwn �ba.r«da.e«,,,., CRY of S.n,N,wi Reledt ldr ozsm wa b.r.c..d d n..ac.w#W dark of ma County of Orange, State of California, on June 7, Hr-Ih.y win be oper .nd'read aloW Caarmn umq 2 P.M.on nd•Y,M«ch 1s, 0 m which A Mabid conhrarw;. .is 8-WWyd at 2:00 p.m.,w 8u ft day of MOmh 2010in the dry 1984, Case No. A-122949 in and for the City of , bB t TMe�•�WWhey.tho eppamnrty r«G.Ires6on ca ion. Y point«rolls of aase8on W"the plane end cantr.ct don.nenb« San Juan Capistrano, County of Orange, State of Copies 0f"Plxs end SPednce0oro.re W Nle et the Juan GoYeeno,32400 peaty Adeletda,Sen JUM Cip'deck's Olnus dry d S. California; that the notice, of which the annexed caned me non relsM ble a qo pNs, c°P"btB O' for er""°"' °"d b..b. nee at"—S F«m«e F,lorm tl ,Wawa wnpp°t 1100w Tedi,�Alem E g is a true printed copy,has been published in each regular and entire issue of said newspaper and Dated:FW Uajy 18,2010 not in any supplement thereof on the following f1nra is c�J dffW CITU OF 9AN JUAN CAflSTMNO dates,to wit: M%COUNTY,M4FOR IA CCa istreno V.Ney N F bit�25 Mach 4 2010 9208257 February 25,2010, March 4,2010 "I certify (or declare) trader the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana,Orange County, California, on Date:�� March 44,,X2,0110/ T Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 AFFIDAVIT OF PUBLICATION PROOF OFL4�A T E D STATE OF CALIFORNIA, ) ) ss. 2010 MAR —4 P 4: 39 County of Orange ) CITY CLLki( I am a citizen of the United States and a resident SAN JUAN CAPISTRANO of the County aforesaid; I am over the age of eighteen years, and not a party to or interested 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 eene11111 was auu 11.0111111111M u0*"= suer Mede/Irnlovelrrt general circulation by the Superior Court of the �T qr�1 Notice s hereby yIvan tl1M seNed bids for CaMi Iarn®rM CsOe &orm County of Orange, State of California,on June 7, o�ryom Prwecttcpm501wlbe.c.w.dnn.OMo.mm kSO= time Of r yid yid,res1 �2 P.m.en Mmdry,Mwdl 15, 0 at Which 1984, Case No. A-122949 in and for the City of A pre Wd wnirarre Is scheduled 4 2:00 p.m.,on On,Sth dy of Much 2010,in Sar Cly Council Clwrbrs.The crltrear sw Issue dr PppunnNy W r.Irn.&s,or inMrpr.m. San Juan Capistrano, County of Orange, State of ey POkn or potrlM of quse1110n warn ma PWm and contract doasnrss or Wed& California; that the notice, of which the annexed Copes or me Plow and SpGCMC@d s re on Me w the Cty Clerk's Caw,Cy of Seer Jwn Cs rer,o 52400 Passe,AdeWlo,SW Juen eapYbano,CWWOI end be oi- felned e(Ns non-relW" of p0 pku s tlwrps of{70 pr each set of rM is a true printed copy,has been published in each OsPe 0 .F«mct" 0nnm�n,pMre o~wbon ren,Assoa.re Ersg: regular and entire issue of said newspaper and oMed:Febn,ry 15,smo not in any supplement thereof on the following h/Merw Monis dates,to wit: cm&mR�c CA PISTRANO ORANGE COUNTY,CAUFOFMIA February 25,2010,March 4,2010 Ceputreno Vdley Nowa Februry25 Much a 2010 9205257 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana,Orange County, California,on Date: March 4,2�010 T Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 FEB-19-2010 11:40 OCR 7147963692 P.01 NOTIca INvmwo Geos CALLS LORRUM AN D C"L6PIKNKCTg OAR WOM ORAIN INPROYGIQefr Notice Is hereby plren that sealed bide for Calle Lorenzo and Cale Resplendor Storm Drain Improvement Prole A(CIP 07501)will be received at the office of the CIN Clerk of the City of San Juan Capistr me,California,until 2 p.m.On Monday, March 15,2010 at which lime they will be opened ind read aloud. A prabkl conference Is scheduled at 2:00 p.m.,on the Stn day of March 2010,in the City Council Chambers.The r ontractor shall have the opportunity,for clarification or Interpreta- tion Of any Point or point:of question within the pinna and contract documents or specilk cations Copies of pie Plana ar J Specifications are on file at the City Clark's Office,City of San Juan Capistrano.32400 I aseo Adelanto.San Juan Capistrano,California,and may be ob- tained at the non-refunde ole charge of$30 plus a charge of$10 for each set o1 Plana and Specifications;mailed. Fc r more Information, pleases,contact Khoon Tan,Associate Enp: neer at(949)4435353. Dated:February 15,2010 MARISA MORRI FC LERK CITY OF SAN.UAN CAPISTRANO ORANGE COL NTY,CALIFORNIA Capistrano Valley News February 25,MarCh 4,2010 9205257 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: FEBRUARY 25, 2010 MARCH 4, 2010 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501) 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: Mai; r s, City Cle DATE: February 18, 2010 Date of Bid Opening - 03/15/2010 Date(s) notice published - 02/25/2010 - 03/04/2010 Date affidavit received - Date notice posted in - 02/25/2010 designated posting places NOTICE INVITING BIDS CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN IMPROVEMENT PROJECT (CIP 07501) Notice is hereby given that sealed bids for Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501) will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 a.m. on Monday, March 15, 2010 at which time they will be opened and read aloud. A pre-bid conference is scheduled at 2:00 p.m., on the 8th day of March 2010, in the City Council Chambers. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications 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) 443-6353. Dated: February 18, 2010 MARI I , CITY WRK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA Calle Lorenzo and Calle Resplendor Stone Drain Improvement Project(CIP 07501) NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 15`h day of March,2010 receive sealed proposals or bids for the Calle Lorenzo and Calle Resplendor Storm Drain Improvements (CIP 07501) 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 consist of constructing approximately 1,600 linear feet of new parallel 36"RCP storm drain lines along Calle Lorenzo and Calle Resplendor. Work also includes the construction of improvements to the existing 36" storm drain inlet/headwall structure located within the Casitas Capistrano property. The work will include locating interfering utilities/potholing,protection of existing facilities,utility coordination, excavating, construction shoring, replacement of interfering water lines at crossing locations,providing temporary sewer/water connections,dewatering,storm drain pipe construction, junction structure/manhole construction,catch basin construction,connection to existing facilities, backfilling, surface restoration (AC, curbs, gutters, sidewalks, etc.), rip-rap construction, concrete flow-line slab construction, guard cable installation, removing and replacing landscaping and irrigation systems, public notification, coordination with the Casitas Capistrano Homeowner's Association, and all other appurtenant work necessary to construct the improvements as shown on the Storm Drain Improvement Plans for Calle Lorenzo and Calle Resplendor. 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 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. A pre-bid conference is scheduled at 2:00 p.m., on the 8th day of March 2010, in the City Council Chambers. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City of San Juan Capistrano shall not disseminate any records of the conference. 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 furnish 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 60 calendar days has been set for the completion of the work, from the date of the Notice to Proceed. BIDDERS ARE HEREBY NOTIFIED THAT,pursuant to the Labor Code of the State of California, copies of the prevailing rate of ver 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 ham://sanjuancayistrano.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 p ed by order Councilmembers of the City of San Juan Capistrano and is dated this day of (l Z .0 CITY ftt4 CITY OF SAN JUAN CISTRANO ORANGE COUNTY, C WORNIA Christy Jakl From: Christy Jakl Sent: Thursday, February 18, 2010 8:44 AM To: 'mcollins@ocregister.com' Cc: Maria Morris Subject: Items for Publication - City of SJC Attachments: 100315 CIP 130 Notice SHORT.doc; 100323 Notice- Eastern Well Pipelines SHORT.doc; 100323 Notice- Eastern Well Facilities SHORT.doc Importance: High Good Morning, Attached are items for publication from the City Clerk's office of the City of San Juan Capistrano. Included in the attachments are the Notice of Transmittal with appropriate publication date(s) and account number as well as the publication. Please email or fax a proof to my attention at (949)493- 1053 or cjaklOsanjuancapistrano.org for review and approval. Sincerely, Christ-2 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 i BIDPROPOSAL • For the: Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project(CIP 07501) From: 1?Ob12&)jEL /-ZpTffE25 C�ILy1A1cceIn/C7 mac. &70 9(v9 Cya Contractor, License No. &Classification If 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: SIX Out4D2r,). 5C✓E�/ . Fl ✓E �"� y�,'� �D $ �01iSVOO • d0 Words r:?jaY2 H-firer Obi p A^16 Ne, 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 60 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. • 7 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 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 1�l� I�X�� (Insert "$ �4 1o� cash,"cashier's check,certified check or bidders 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: • 12ODPIEIOEZ 152CNEWS CAI671NEEKfnI�i . nfC Licensed in accordance with an act providing for the registration of contractors -- License No. O Co 9 _and Classification A Cgol Signature of Bidder: • 8 (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: 3 I a a I/o ;b33 S , P-,T,nC t1/6iu X P 6&rrAK/6 Business Address Dated: 3 �2 �/d ( C'/�1 ) q,93 --a S3' 7 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: as / D V Signature of Bidder Dated: 3 ball ( 90g ) e� a3 - 92 :5 7 • Telephone Number • 9 SCHEDULE OF WORK ITEMS • Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501) fi 1 1 L.S. Mobilize and Demobilize for the lump sum price of 14G,COO ,60 dollars. 4S/OOo-00 $ ;fS Doo•OC` 2 1 L.S. Off-Site Storage of Equipment and Materials for the lump sum price of UO 00 lS,000 - 0o dollars. /sjO $ 3 1 L.S. Project Survey for the lump sum price of /0,060.00 dollars. /0i 000 •U0 $ /O,000• DO 4 1 L.S. Re-establish Centerline Ties and Monuments for the lump sum price of 00 x410 0 0 00•ydollars. `fi 000.00 $ ,/�poo 5 1 L.S. Project Site Maintenance for the lump sum • price of /0,000 .00 dollars. /01 000• 00 $ /D/ 000• 0 0 6 1 L.S. CCTV Inspection of Storm Drain Lines for the lump sum price of 3S,O0a00 dollars. 35� 0� p0 $ 35, 000.00 7 1 L.S. Dewatering System for the lump sum price of 3 D, 000 • O O dollars. aU/ DOO•b0 (Item can be deleted at the discretion of D 000 OU Engineer) 8 3 EA. Remove Existing Storm Drain Structure (Const. and Interfering Portion of Existing Storm note#1 Drain for the unit price of %000 .O o on plan) dollars per each. µ/ DOD • Oo $ /_11060- (D6 9 11,500 S.F. Sawcut and Remove Ex. AC Pavement (Const. and Replace In Kind (incl. speed bumps) note#2 for the unit price of /0�00 on plan) dollars per square foot. This item can be /0.0 D $ //S 000.00 • reduced at the discretion of the Engineer. 10 • f o 10 -1,3.75&T. Sawcut and Remove Ex. Curb & Gutter (Const. q®b -0-1 and Replace In Kind for the unit price of note#3 _2 p° on plan) dollars per lineal foot. S. 00 $ 6/7SO- 00 11 1,775 S.F. Sawcut and Remove Ex.Cross Gutter and (Const. Replace In Kind for the unit price of note#4 19•o a on plan) dollars per square foot. IR'O D $ 33 7�� OO 12 356-S-F. Sawcut and Remove Ex. Sidewalk and (Const. )4DD * I Replace In Kind for the unit price of note#5 1 575 S F 13 -0 D dollars �3 0 0 $ AO/ y'7 z D on plan) per square foot. 13 8 EA. Remove Portion of ACP Water Pipe and (Const. Replace with Equivalent PVC pipe(C900 note#6 CL200) Prior To Storm Drain on plan) Construction for the unit price of 3,o60 . 0o 3ioaa �o $ ay,ow.oo dollars per each. • 14 10 L.F. Construct 5' Wide Concrete Flow-Line (Const. Invert Slab&Dowel Into Ex.Headwall for note#8 the unit price of 3 a0 -0 on plan) dollars per lineal foot. This item can be deleted at 000 O�% a t 0&0.DO the discretion of Engineer) • $ 15 7 L.F. Install 18" RCP Storm Drain (D-load Per (Const. Plan) for the unit price of 1 O• y` note#9 dollars -7D 0 119t),01,on plan) per lineal foot. $ 16 1,600 L.F. Install 36" RCP storm drain (D-load Per (Const. Plan) for the unit price of J 00, 00 note#10 dollars 1&6 ,00 Op on plan) per lineal foot. 17 5 EA. Construct Storm Drain Junction Structure (Const. Type I for the unit price of note#11 Sl dollars SOO • O on plan) per each. $ 37 Sc�6•00 • 11 • 18 5 EA. Construct Storm Drain Junction Structure (Const.- Type III for the unit price of note#12 SO Soo•OU dollars S SOU 00 on plan) per each. $ o�7� SOU• 00 19 1 EA. Construct Storm Drain Inlet Structure (Const. Type I (Lr3.5', H=8.4') for the unit price note#13 of Lf,000 •o0 dollars 00 plan)on per each. j $ t f OOo OU 20 1 EA. Construct Storm Drain Inlet Structure (Const. Type III (L.=3.5', H=10.2') w/Grate Inlet note#14 for the unit price of 4,OOO.00 00 O on plan) dollars per each. 4/000 $ 14, 000•D 21 4 EA. Construct Reinforced Concrete Collar for (Const. the unit price of /i OOO.00 note#15 OOU'OO O on plan) dollars per each. $ 22 1 EA. Construct Modified Trash Rack For Ex. • (Const. Storm Drain Headwall for the unit price of note#16S/O0O. oO on plan) dollars per each. This item can be deleted S/ ODD• ©D $ j 000. 00 at the discretion of Engineer) 23 12 L.F. Install 42" Guard Cable Fencing Along (Const. Ex. Top of Headwall for the unit price of note#17 'X3S' Db on plan) dollars per lineal foot. This item can be 325. Ov $ 3i 9°O.00 deleted at the discretion of the Engineer. 24 1 EA. Install 8"Thick Concrete Plug For Ex. (Const. RCP Storm Drain for the unit price of note#18 'b 66' U O 6. O i; on plan) dollars per each. $ 800. 00 25 1 EA. Construct Storm Drain Inlet Structure (Const. Type II(L--2 V,H=8')for the unit price of note#19 !�� OOO .00 000. Oa on plan) dollars per each. $ g� O00. 00 • 12 • Iwo, 26 1 EA. Remove Ex.Curb&Gutter and Construct (Const. Local Depression for the unit price of note#20 3,000-06 dollars 3 p00,00 on plan) per each. / $ 3"000-06 27 32 L.F. Install 24"RCP Storm Drain(D-Load Per (Const. Plan) for the unit price of note#21 so-o0 �p6 0 aiS/o0'Op on plan) dollars per lineal foot. $ 28 10 EA. Provide Temporary Sewer / Water (Const. Connection As Needed Per Field note#22 Conditions for the unit price of on plan) Soo -y0 dollars per each. This item can be reduced or $ S�600 00 deleted at the discretion of the Engineer. Sp0' 00 29 85 S.F. Install Slope Protection Grouted Rip-Rap (Const. Over Geo-textile for the unit price of note#23 0 6 DD on plan) dollars per square foot. This item can be • deleted at the discretion of Engineer. (00. 00 $ S/ /00.00 30 145 L.F. Remove Ex. 5' High Perimeter Fence & (Const. Gate And Replace With 8' High Perimeter note#24 Fence & Gate for the unit price of on plan) 0 . 0 0 dollars v per linear foot.This item can be reduced or $ S, CIO. deleted at the discretion of Engineer. 31 20 L.F. Install 5' High Debris Fence for the unit (Const. price of 10.00 note#25 dollars per each. on plan) This item can be deleted at the discretion 00 $ gpb, DO of the Engineer. qo 32 3 EA. Remove and Replace Storm Drain Junction Structure In Kind for the unit priceof bgDOO• DO dollars per each.This item can be reduced 0 p 0 $ 8/OOo. 00 or deleted at the discretion of Engineer. 6/0 • 13 33 3 EA. Remove and Replace Ex. 48" Sewer Manhole for the unit price of (" ODO ' 0z) dollars per each. This item can be reduced or deleted at the discretion of Engineer. 0()0. 00 34 320 TON Unsuitable Material and Additional Bedding for the unit price of - as, OD dollars per ton. This item can be reduced as, LOD or deleted at the discretion of Engineer. $ 35 15 EA. Pothole Utility Crossings for the unit price of &00 -v D dollars per each.This item can be reduced D0 $ C71 oco-00 or deleted at the discretion of Engineer. lODd Total Bid Price(Enter here and on Page 7) Six Words I�n' of- Figures • 14 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY • BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) SS. Countyof SAt/ 73CZ"A2D'N) USE L L>i-C D CT 1 E Z being first duly sworn deposes and says that he is F94E5/7>&V - of OD erb uez� 73R aT oegs AffV6 n f�/MG,A 7 of C 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: 3/�a / SIGNATURE -77 On this the day of (/ �� 010,before e,the dersigned,a Notary Public in and for said State, personally appeared n � Gds 1 �wS personally known to me/proved to me one basisof ctory evidence,to be the person(s)whose name(s) % D ` subscribed to the within instrument,and acknowledge that executed it. WITNESS my hand and official seal. _ ANGELA MOLINA Comm.# 1715933 r N NOTARY PUBLIC CALIFORNIRIVERSIDA N C7 MY Comm,EePB JAe NTY 12,1011 " Notary P or sa, tate • 15 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 NcribozA PA4Jt, i1a55 J001PE2 AJE 1. eAdlrJ6 aS85c.v C4151 i=0wrkNA., CA- q,;33-10738 Pmk ,r<«nay s. /s5a is-+ sr. • 2. U LS SA,yTr4 r110NeCk�f/1 QJ>ll 3. 4. 5. 6. 7. 8. BIDDER'S NAME AUT. R.ED SIGNATU 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. 16 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,RODRIGUEZ BROTHERS ENGINEERING,INC. ._,_�� • as PRINCIPAL,and rN ANG -OMPANy OF HE WEST as SURETY, hereinafter Called Surety, are held and firmly bound unto the CITY OF SAM JUAN CAPISTRANO,Obligee,hereinafter called City,in the sum of $10%OF THE TOTAL BID--, for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by.these presents *TEN PERCENT OF THE TOTAL BID AMOUNT— THS CONDITION OP THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated 15MARCH 2010,for the construction of Calla Lorenzo gtA Calle ResMMdor Storm Drain Improvement Project(CIP 0750 1)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(IS)days after the agreement has been presented to him for execution,enter into a written contract with rhe 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,orthe 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 pari 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 WIiEREOF,the above-bounden parties have executed this instrument under their Several seals rids Ll TH day of MARCH ,2010,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) RODRIGUEZ BROTHERS ENGINEERING INC. PRINCIPAL BY: Title: ATTEST(If Corporation) Corporate Seal INSURANCE COMPANY OF THE WEST •� TES , � /S.i Tpp7�V ATT BY.ELC�"""L� SEE CALIFORNIA ALL-PURPOSE NOTARY BROOKE LAFRE ACKNOWLEDGMENT AND POWER OF Title: AT At ATTORNEY ATTACHED Title APPROVED AS TO FORM: Omar Sandoval,City Attorney BB-2 CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 11 March 2010 before me, Gladys D Rogers Notary Public personally appeared Brooke Lafrenz who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity,and that by her signature on the instrument the person, or the entity upon behalf of GOLN6 fl• which the person acted, executed the instrument. Commmm"I la"n NO"Pte-C�IMMIII� I certify under PENALTY OF PERJURY under the laws ft�WA Ci1�r Cwt of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and 1. Signature Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner- ❑ Limited ❑ General © Attorney in Fact U Trustee U Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company No. 0001886 ICW CROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the Wes[,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas.(collectively referred to as the"Companies"),do hereby appoint LARRY D.COGDILL,COLETTE CHISHOLM,BROOKE LAFRENZ,MICHAEL W.THOMAS,CHARLOTTE AQUINO,GLADYS ROGERS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. �roarµr er i`MS��Vp��, �v�ANOa 3dcosraM>® • '�Q°° ro O - v d + INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY a,�4� Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California as. County of San Diego On May 21,2009,before me,JoAnn Pache,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/me subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by thew signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomm that the foregoing paragraph is true and correct. Witness my hand and official seal. JoAnn Pache,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or phowoopying." CERTIFICATE L the undersigned,Assistant Secretary of Insurance Company of the West.Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this TH day of MARCH 2010 j )effirey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800,877-1111 and ask for the Surety Division. Please refer in the Power of Attorney Number,the above named individual(s)and details of the bond in which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. 32400 PASEO ADELANTO ^�, �i �� MEMBERS OF THE CIT'COUNCIL. SAN JUAN CAPISTRANO,CA 92675 /"/ I6(A, (949)493.1171 sAMALtEVATo (949)493.1053 FAX • t'" It(1APo11111 LAURA FREESE I1nI11SHI 1 1961 THOMAS W.HFURAR www.satyuancapi,itrano.org 1776 MARK NIELSEN 0 • OR.WHORES USO Addendum Number 1 Dated: March 4, 2010 PROJECT: CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN IMPROVEMENT PROJECT (CIP NO. 07501) This addendum is issued by approval of the City Engineer as authorized below. Please note that the issuance of this bulletin does not alter the bid opening date and time, which are set for March 15, 2010, at 2pm at the City Clerk's Office. In case of questions, please contact Khoon Tan, Associate Engineer, at (949)443-6353. 3 /,�/lo Authorized: Nasser Abbaszadeh, PE, City Engineer Date Please sign and attach a copy of this addendum to your bid to ensure your receipt of the latest project information. Contractor au orized signatory- Date San Juan Capistrano Preserving the Past to Enhance the Future `„3 Panted.IW%recyGetl paper Addendum No. 1 Page 2 The following clarification to the Specifications and Contract Documents are promulgated through this bulletin. Item 1. Schedule of Work Item No. 10, "Sawcut and Remove Ex. Curb & Gutter and Replace In Kind" (page 11 of Specifications and Contract Documents): The bid quantity and unit of measure shown of 1,575 S.F. is incorrect and shall be deleted. The correct bid quantity and unit of measure of 350 L.F. shall be used instead. Item 2. Detailed Specifications and Method of Payment, Bid Item 10, 'Sawcut and Remove Ex. Curb & Gutter and Replace In Kind" (page DS-5 of Specifications and Contract Documents): The unit of measure shall be .per linear foot" instead of"per square foot' as shown. Item 3. Schedule of Work Item No. 12, "Sawcut and Remove Ex. Sidewalk and Replace In Kind" (page 11 of Specifications and Contract Documents): The bid quantity shown of 350 S.F. is incorrect and shall be deleted. The correct bid quantity of 1,575 S.F. shall be used instead. Item 4. Detailed Specifications and Method of Payment, Bid Item 15, 'Install 18" RCP Storm Drain" (page DS-7 of Specifications and Contract Documents): All AC pavement related work (including sawcutting, removal, and replacement) is NOT included as part of this bid item as indicated but shall be made a part of Bid Item 9, 'Sawcut and Remove Existing AC Pavement and Replace In Kind" (page DS-5 of Specifications and Contract Documents). Item 5. Detailed Specifications and Method of Payment, Bid Item 16, 'Install 36" RCP Storm Drain" (page DS-7 of Specifications and Contract Documents): All AC pavement related work (including sawcutting, removal, and replacement) is NOT included as part of this bid item as indicated but shall be made a part of Bid Item 9, 'Sawcut and Remove Existing AC Pavement and Replace In Kind" (page DS-5 of Specifications and Contract Documents). Item 6. Detailed Specifications and Method of Payment, Bid Item 27, 'Install 24" RCP Storm Drain" (page DS-10 of Specifications and Contract Documents): All AC pavement related work (including sawcutting, removal, and replacement) is NOT included as part of this bid item as indicated but shall be made a part of Bid Item 9, `Sawcut and Remove Existing AC Pavement and Replace In Kind" (page DS-5 of Specifications and Contract Documents). I 32400 PASEO ADEL.ANTO Q i' k7 • MEMBERS OF THE CI TV COUNCIL SAN JUAN CAPISTRANO,CA 92675 �� IL/�� (949)493.1171 SAM ALLEVATO (949)493-1053 FAX � L` 101111etR LAURAFREESE ESIBIIISXFO 1961 THOMAS W.HRIBAR wwa.salyuancapistrano.wg 1776 • MARK NIELSEN • DR.LONDRES USO Addendum Number 2 Dated: March 10, 2010 PROJECT: CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN IMPROVEMENT PROJECT (CIP NO. 07501) This addendum is issued by approval of the City Engineer as authorized below. Please note that the issuance of this addendum does alter the bid opening date and time, which are set for March 22, 2010, at 2pm at the City Clerk's Office. In case of questions, please contact Khoon Tan, Associate Engineer, at (949) 443-6353. 3 IIho Authorized: Nasser Abbaszadeh, PE, City Engineer Date Please sign and attach a copy of this addendum to yo}ir bid to ensure your receipt of the latest project information. �.� 5�aal�o Contractor authorized sign tory Date .Sun Juan Capistrano_ Preserving the Past to Enhance the Future �y� Fvn[ed on UG°,6 ragaeE Papel Addendum No. 2 Page 2 The following clarification to the Specifications and Contract Documents are promulgated through this addendum. Item 1. Schedule of Work Item No. 1 and Detailed Specifications and Method of Payment, Bid Item 1 "Mobilize and Demobilize" (page 10 and DS-2 of Specifications and Contract Documents): The City will designate a curbside location(s) within the vicinity of the proposed construction zone to allow for limited overnight parking of primary / heavy equipment and temporary storage of daily materials (due to space limitation within the residential neighborhood) in order to eliminate the need to transport heavy equipment to and from the construction site each work day, and to decrease the frequency for transportation of materials to the site as much as possible. The Contractor shall be solely responsible for all equipment and materials stored at the designated curbside location(s), and shall be responsible to secure the designated location(s) through temporary fencing and other means necessary. Appropriate traffic control and warning devices shall also be provided at the designated location(s) for public safety. Item 2. Schedule of Work Item No. 2 and Detailed Specifications and Method of Payment, Bid Item 2 "Off-Site Storage of Equipment and Materials" (page 10 and DS-2 of Specifications and Contract Documents): The City will provide the Contractor with a construction staging area located at the northwesterly corner of Camino Capistrano and Junipero Serra Road for the duration of construction. The contractor shall be solely responsible for securing this location and enacting appropriate BMP and/or other measures that may be required as a condition of use. The Contractor shall indicate an amount of $15,000 as allowance for Schedule of Work Item No. 2 "Off-Site Storage of Equipment' (page 10 of Specifications and Contract Documents), no deviations to this amount will be accepted. Addendum-No. 2 Page 3 item 3. Schedule of Work Item No. 6 and Detailed Specifications and Method of Payment, Bid Item 6 "CCN Inspection of Storm Drain Lines" (page 10 and DS-3 of Specifications and Contract Documents): As stipulated in the Detailed Specification for Bid Item 6 (page DS-3), the scope of work for this item includes the cleaning and video taping of both the existing and new / installed storm drain main including all connections and lateral locations (as applicable) within the limits as defined. Since the condition (level of debris accumulation, etc.) of the existing storm drain system within the prescribed limits is unknown at this time, an amount of$10.000 shall be used as allowance for cleaning only for this bid item. Therefore, the lump sum price bid for Bid Item 6 shall consist of the Contractor's lump sum price for CCN work plus $10,000. Deliveries for Bid Item 6 shall include hardcopy of the findings and CCN recordings in DVD format. Item 4, Schedule of Work Item No. 7 and Detailed Specifications and Method of Payment, Bid Item 7 "Dewatering System" (page 10 and DS4 of Specifications and Contract Documents): The Contractor shall indicate an amount of $20,000 as allowance for Schedule of Work Item No. 7 "Dewatering System" (page 10 of Specifications and Contract Documents), no deviations to this amount will be accepted. Item 5. The time limit of 60 calendar days originally set dor the completion of the work has been extended per this Addendum Nq. 2 to 75 calendar days from the date of the Notice to Proceed. I Item 6. The issuance of this addendum does after the bid opening date and time, which are set for March 22. 2010, at 2pm at the City Clerk's Office. i I I I State Of California CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE Affab 670969 F�„ CORP RODRIGUEZ BROTHERS ENGINEERING INC wrU ^^ A C42 01131/2011 2/16/2010 AGENDA REPORT D10 TO: Joe Tait, City Manage FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Approval of Plans and Specifications and Authorization to Receive Bids for the Construction of the Calle Resplendor Storm Drain Capital Improvement Project (CIP No. 07501). RECOMMENDATION By motion, 1. Approve the Plans and Specifications for the Calle Resplendor Storm Drain Capital Improvement Project (CIP No. 07501); and, 2. Authorize staff to solicit and receive bids. SITUATION A. Summary and Recommendation Plans and Specifications for the Calle Resplendor Storm Drain Project (CIP No. 07501) 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 A lawsuit was brought against the City, Caltrans, and the Casitas Capistrano Association Number Two, Inc. (Association) by four owners of condominium units citing flood damage to their units during the rains of January 2001. The lawsuit was settled short of trial in 2004 resulting in settlement contributions by all three defendants. Negotiations commenced among the City, Caltrans, and the Association to resolve indemnity cross complaints which resulted in a formal settlement agreement. As part of the terms of agreement, the City agreed to upgrade the Calle Resplendor storm drain system, Caltrans agreed to improve the connection between the City and Caltrans system (through monetary compensation), and the Association agreed to improve the drainage of the common area that had been identified as a contributing cause of the plaintiffs' flood damage. Agenda Report February 16, 2010 Page 2 On April 7, 2009, City Council approved an appropriation of$966,358 from General Fund Reserves to support an increase in CIP account No. 50-00000-XXXXX-07501- 000 for design, construction, contingencies, project administration, management, and inspection by staff. On October 6, 2009, City Council approved a tolling agreement between the City, Caltrans, and the Association which tolls the expiration of the Statute of Limitations of the 2004 settlement agreement, applicable to the claims of the parties during the tolling period. Pursuant to the tolling agreement, construction is expected to be initiated in or about April 2010. The cooperative agreement between the City and Caltrans was amended on January 19, 2010, to extend the project termination date to December 31, 2011. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS Funding in the amount of $1,484,648.47 is available for the project in account No. 50- 00000-XXXXX-07501-000 as of December 31, 2009, and is sufficient to cover the cost of construction estimated at approximately $866,125. NOTIFICATION Mohammad Abadi, P.E. (Adams-Streeter Civil Engineers) Craig Farrington (Woodruff, Spradlin & Smart) Susan Yee (CalTrans District 12) Janelle Mauch (Association Management & Maintenance Corporation or AMMCOR) Gregory S. Lew, Esq. (Feldsott & Lee) Agenda Report February 16, 2010 Page 3 RECOMMENDATION By motion, 1. Approve the Plans and Specifications for the Calle Resplendor Storm Drain Capital Improvement Project (CIP No. 07501); 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(s): 1. Location Map THE CITY OF SAN JUAN CAPISTRANO Wl YS fs CALLE RESPLENDOR STORM DRAIN IMPROVEMENTS (CIP 07501) LOCATION DEL 71 0 3000 6000 9000 Feet ATTACHMENT I 32400 PA SCO AOEL.ANTO � MEMBERS OF THE C{TY OOWiCIL 5A1.i JUAN CAPC57RAN0,CA 92675 /ter _qAM ALL EVATO (949)493-1171 ' 91IN340 LAURA FRS (949)493.1653 FAX • niMnnrr1961 'NOM"w."RIBAR n7a7{asuN�urrnr,Npistx-arNo.a; 1776 MAFW N IELSEN • . DR LONEIRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 4:30 p.m. on Tuesday, February 16, 2010 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Plans and Specifications and Authorization to Receive Bids for the Construction of the Calle Replendor Storm Drain Capital Improvement Project (CIP No. 07501)" — 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 12:00 p.m. on Tuesday, February 16, 2010 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.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk(a)sanivancapistrano.org. Maria Morris, CMC City Clerk cc: Mohammad Abadi, P.E. (Admas-Streeter Civil Engineers); Craig Farrington (Woodruff, Spradlin & Smart); Susan Yee (CalTrans District 12); Janelle Mauch (AMMCOR); Gregory S. Lew, Esq. (Feldsott & Lee) Sam,frion (`apistrano; Prevtwong rhe Past io Cnhtn ce the !unfrr CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA �� anmmc ITTG SPECIFICATIONS AND CONTRACT DOCUMENTS CALLE LORENZO AND CALLE RESPLENDOR • STORM DRAIN IMPROVEMENT PROJECT CIP No. 07501 E SS1 p\F�� E„P C' i Vy , �T9TF OF PUBLIC WORKS DIRECTOR NASSER ABBASZADEH, P.E. • JANUARY 2010 2/16/2010 D10 • TABLE OF CONTENTS Calle Lorenzo and Calle Resptendor Storm Drain Improvement Project(CIP 07501) TITLE PAGE CONTRACT DOCUMENTS NoticeInviting Bids.........................................................................................................................5 BidProposal.....................................................................................................................................7 Scheduleof Work Items.................................................................................................................10 Non-Collusion Affidavit................................................................................................................15 Designation of Sub-Contractors.....................................................................................................16 Instructionsto Bidders...................................................................................................................17 BidBond...................................................................................................................................BB-I PerformanceBond.....................................................................................................................PB-1 Labor&Material Bond............................................................................................................LM-1 CONTRACT Contract........................................................................................................................................C-1 SPECIAL PROVISIONS Workto be Done....................................................................................SP-1 Section I Standard Specifications..........................................................................SP-1 Section 2 Terms Defined .......................................................................................SP-3 Section 3 Flow and Acceptance of Water..............................................................SP-3 Section4 Water......................................................................................................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-5 Section 11 Preservation of Survey Monuments.......................................................SP-8 Section 12 Monumentation Identification................................................................SP-8 Section 13 Indemnification......................................................................................SP-9 Section 14 Jobsite Safety.........................................................................................SP-9 Section 15 Encroachment Permit.............................................................................SP-9 Section 16 Prosecution of Work..............................................................................SP-9 Section 17 Hours of Work.......................................................................................SP-9 • DETAIL SPECIFICATIONS AND METHOD OF PAYMENT CONTENTS: BID ITEM#1 - Mobilize and Demobilize....................................................... 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 - Project Site Maintenance....................................................... DS-3 BID ITEM#6 - CCTV Inspection of Storm Drain Lines.......................................DS-3 BID ITEM#7 - Dewatering System............................................................. DS-4 BID ITEM#8 - Remove Ex. Storm Drain Structure and Interfering Portion of Ex. Storm Drain...................................................................DS-5 BID ITEM#9 - Sawcut and Remove Ex. AC Pavement and Replace in Kind.............DS-5 BID ITEM#10 - Sawcut and Remove Ex.Curb&Gutter and Replace in Kind.............DS-5 BID ITEM#11 - Sawcut and Remove Ex. Cross Gutter and Replace in Kind...............DS-6 BID ITEM#12 - Sawcut and Remove Ex. Sidewalk and Replace in Kind................... DS-6 BID ITEM#13 - Remove Portion of ACP Water Pipe and Replace w/PVC Pipe Prior to Storm Drain Construction.............................................DS-6 BID ITEM#14 - Construct 5' Wide Concrete Flow-Line Invert Slab &Dowel Into Ex. Headwall......................................................................DS-7 BID ITEM#15 - Install 18" RCP Storm Drain (D-load Per Plan).............................DS-7 • BID ITEM#16 - Install 36"RCP Storm Drain (D-load Per Plan).............................DS-7 BID ITEM#17 - Construct Storm Drain Junction Structure Type I........................... DS-8 BID ITEM#18 - Construct Storm Drain Junction Structure Type III......................... DS-8 BID ITEM#19 - Construct Storm Drain Inlet Structure Type I............................... DS-8 BID ITEM#20 - Construct Storm Drain Inlet Structure Type III w/Grate Inlet........... DS-8 BID ITEM#21 - Construct Reinforced Concrete Collar........................................DS-8 BID ITEM#22 - Construct Modified Trash Rack for Ex. Storm Drain Headwall.......... DS-9 BID ITEM#23 - Install 42" Guard Cable Fencing Along Ex.Top of Headwall.............DS-9 BID ITEM#24 - Install 8"Thick Concrete Plug for Ex. RCP Storm Drain................. DS-9 BID ITEM#25 - Construct Storm Drain Inlet Structure Type II............................... DS-10 BID ITEM#26 - Remove Ex. Curb & Gutter and Construct Local Depression..............DS-10 BID ITEM#27 - Install 24" RCP Storm Drain(D-Load per plan)............................. DS-10 BID ITEM#28 - Provide Temp. Sewer/Water Connection As Needed................:....DS-10 BID ITEM#29 - Install Slope Protection Grouted Rip-Rap Over Geotextile............... DS-11 BID ITEM#30 - Remove Ex. 5' High Perimeter Fence&Gate and Replace w/8' Perimeter Fence& Gate, as required for construction...................... DS-I 1 BID ITEM#31 - Install 5' High Debris Fence....................................................DS-11 BID ITEM#32 - Remove and Replace Ex. Storm Drain Junction Structure in Kind....... DS-12 BID ITEM#33 - Remove and Replace Ex. 48" Sewer Manhole...............................DS-12 BID ITEM#34 - Unsuitable Material and Additional Bedding.................................DS-12 BID ITEM#35 - Pothole Utility Crossings........................................................DS-13 INCIDENTALS A. PUBLIC NOTIFICATION.................................................................. DS-13 B. DUST CONTROL AND CONSTRUCTION CLEANUP.............................. DS-14 C. TRAFFIC CONTROL AND PUBLIC SAFETY......................................... DS-14 D. REMOVAL AND DISPOSAL OF MATERIAL......................................... DS-14 E. TRENCH SHORING.........................................................................DS-15 F. BEDDING AND BACKFELL.............................................................. DS-16 G. AC PAVEMENT RESURFACING........................................................ DS-17 H. MISCELLANEOUS LANDSCAPING&IRRIGATION.............................. DS-17 APPENDICES Appendix A Geotechnical Report Appendix B Orange County Storm Water Program Construction Runoff Guidance Manual • • Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501) NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 15''day of March.2010 receive sealed proposals or bids for the Calle Lorenzo and Calle Resplendor Storm Drain Improvements (CII' 07501) 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 consist of constructing approximately 1,600 linear feet of new parallel 36"RCP storm drain lines along Calle Lorenzo and Calle Resplendor.Work also includes the construction of improvements to the existing 36" storm drain inlet/headwall structure located within the Casitas Capistrano property. The work will include locating interfering utilities/potholing,protection of existing facilities,utility coordination, excavating, construction shoring, replacement of interfering water lines at crossing locations,providing temporary sewer/water connections,dewatering,storm drain pipe construction, junction structure/manhole construction,catch basin construction,connection to existing facilities, backfilling, surface restoration (AC, curbs, gutters, sidewalks, etc.), rip-rap construction, concrete • flow-line slab construction, guard cable installation, removing and replacing landscaping and irrigation systems, public notification, coordination with the Casitas Capistrano Homeowner's Association, and all other appurtenant work necessary to construct the improvements as shown on the Storm Drain Improvement Plans for Calle Lorenzo and Calle Resplendor. 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 surn of not less than ten percent 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. A pre-bid conference is scheduled at 2:00 p.m.,on the 8th day of March 2010, in the City Council Chambers.The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings,for the City of San Juan Capistrano shall not disseminate any records of the conference. 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 furnish a 5 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 60 calendar days has been set for the completion of the work, from the date of the Notice to Proceed. 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 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 hnp:Hsanjuancapistrano.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 Councilmembers of the City of San Juan Capistrano and is dated this day of CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA • 6 BIDPROPOSAL • For the: Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project(CIP 07501) 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 base bid 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 60 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. • 7 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 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 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: • Licensed in accordance with an act providing for the registration of contractors -- License No. and Classification Signature of Bidder: • 8 (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 9 SCHEDULE OF WORK ITEMS • Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 0750 1) i 5 r I 1 L.S. Mobilize and Demobilize for the lump sum price of dollars. $ 2 1 L.S. Off-Site Storage of Equipment and Materials for the lump sum price of dollars. $ 3 1 L.S. Project Survey for the lump sum price of dollars. $ 4 1 L.S. Re-establish Centerline Ties and Monuments for the lump sum price of dollars. $ 5 1 L.S. Project Site Maintenance for the lump sum price of • dollars. $ 6 1 L.S. CCTV Inspection of Storm Drain Lines for the lump sum price of dollars. $ 7 1 L.S. Dewatering System for the lump sum price of dollars. (Item can be deleted at the discretion of Engineer) $ 8 3 EA. Remove Existing Storm Drain Structure (Const. and Interfering Portion of Existing Storm note#1 Drain for the unit price of on plan) dollars per each. $ 9 11,500 S.F. Sawcut and Remove Ex. AC Pavement (Const. and Replace In Kind (incl. speed bumps) note#2 for the unit price of on plan) dollars per square foot. This item can be $ • reduced at the discretion of the Engineer. 10 10 1,575 S.F. Sawcut and Remove Ex. Curb & Gutter (Const. and Replace In Kind for the unit price of note#3 on plan) dollars per lineal foot. $ 11 1,775 S.F. Sawcut and Remove Ex. Cross Gutter and (Const. Replace In Kind for the unit price of note#4 on plan) dollars per square foot. $ 12 350 S.F. Sawcut and Remove Ex. Sidewalk and (Const. Replace In Kind for the unit price of note#5 dollars $ on plan) per square foot. 13 8 EA. Remove Portion of ACP Water Pipe and (Const. Replace with Equivalent PVC pipe(C900 note#6 CL200) Prior To Storm Drain on plan) Construction for the unit price of dollars per each. • 14 10 L.F. Construct 5' Wide Concrete Flow-Line (Const. Invert Slab&Dowel Into Ex.Headwall for note#8 the unit price of on plan) dollars per lineal foot. This item can be deleted at the discretion of Engineer) $ 15 7 L.F. Install 18" RCP Storm Drain (D-load Per (Const. Plan) for the unit price of note#9 dollars on plan) per lineal foot. $ 16 1,600 L.F. Install 36" RCP storm drain (D-load Per (Const. Plan) for the unit price of note#10 dollars on plan) per lineal foot. $ 17 5 EA. Construct Storm Drain Junction Structure (Const. Type I for the unit price of note#11 dollars on plan) per each. $ • 11 18 5 EA. Construct Storm Drain Junction Structure (Const. Type III for the unit price of note#12 dollars on plan) per each. 19 1 EA. Construct Storm Drain Inlet Structure (Const. Type I(L=3.5', H=8.4') for the unit price note#13 of dollars on plan) per each. 20 1 EA. Construct Storm Drain Inlet Structure (Const. Type III (L=3.5', H=10.2') w/Grate Inlet note#14 for the unit price of on plan) dollars per each. 21 4 EA. Construct Reinforced Concrete Collar for (Const. the unit price of note#15 on plan) dollars per each. 22 1 EA. Construct Modified Trash Rack For Ex. • (Const. Storm Drain Headwall for the unit price of note#16 on plan) dollars per each. This item can be deleted at the discretion of Engineer) 23 12 L.F. Install 42" Guard Cable Fencing Along (Const. Ex. Top of Headwall for the unit price of note#17 on plan) dollars per lineal foot. This item can be deleted at the discretion of the Engineer. 24 1 EA. Install 8" Thick Concrete Plug For Ex. (Const. RCP Storm Drain for the unit price of note#18 on plan) dollars per each. 25 1 EA. Construct Storm Drain Inlet Structure (Const. Type U(L--21',R=8')for the unit price of note#19 on plan) dollars per each. • 12 a WIN, • SIMON=M! I I do" 26 1 EA. Remove Ex.Curb&Gutter and Construct (Const. Local Depression for the unit price of note#20 -------__dollars on plan) per each. $ 27 32 L.F. Install 24"RCP Storm Drain(D-Load Per (Const. Plan) for the unit price of note#21 on plan) dollars per lineal foot. 28 10 EA. Provide Temporary Sewer / Water (Const. Connection As Needed Per Field note#22 Conditions for the unit price of on plan) dollars per each. This item can be reduced or deleted at the discretion of the Engineer. 29 185 S.F. Install Slope Protection Grouted Rip-Rap (Const. Over Geo-textile for the unit price of note#23 on plan) dollars per square foot. This item can be deleted at the discretion of Engineer. 30 145 L.F. Remove Ex. 5' High Perimeter Fence & (Const. Gate And Replace With 8' High Perimeter note#24 Fence & Gate for the unit price of on plan) dollars per linear foot.This item can be reduced or deleted at the discretion of Engineer. 31 20 L.F. Install 5' High Debris Fence for the unit (Const. price of note#25 —dollars per each. on plan) This item can be deleted at the discretion of the Engineer. 32 3 EA. Remove and Replace Storm Drain Junction Structure In Kind for the unit price of dollars per each.This item can be reduced or deleted at the discretion of Engineer. 13 k i 33 3 EA. Remove and Replace Ex. 48" Sewer Manhole for the unit price of dollars per each. This item can be reduced or deleted at the discretion of Engineer. $ 34 320 TON Unsuitable Material and Additional Bedding for the unit price of dollars per ton. This item can be reduced or deleted at the discretion of Engineer. $ 35 15 EA. Pothole Utility Crossings for the unit price of dollars per each. This item can be reduced or deleted at the discretion of Engineer. $ Total Bid Price (Enter here and on Page 7) Words Figures 14 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY 0 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 2010,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 15 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. 16 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. • 17 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. 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 may be 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. A. 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. B. 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. 18 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. 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 right to reiect 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 7), shall be made upon the City of San Juan Capistrano's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. • 19 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. 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 sixty (60) 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 specifications 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. 20 • 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 ,2010,for the construction of Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project(CIP 0750 1)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 2010,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 2010, at California. PRINCIPAL APPROVED AS TO FORM, (NOTARIZATION AND SEAL) • OMAR SANDOVAL, CITY ATTORNEY SURETY (NOTARIZATION AND SEAL) 40 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, 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 day of 2010. 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 Calle Lorenzo and Calle Resnlendor Storm Drain Improvement Proiect(CIP 07501) 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 impractical 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 Dollars($500)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,dies 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, Tetra Tech, 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 Dollar ($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,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. 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: Dr. Londres Uso, Mayor • BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney • C-4 CITY OF SAN JUAN CAPISTRANO • Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project(CIP 07501) SPECIAL PROVISIONS WORK TO BE DONE The work will include locating interfering utilities / potholing, protection of existing facilities, utility coordination, excavating,construction shoring, replacement of interfering water lines at crossing locations,providing temporary sewer/water connections,dewatering, storm drain pipe construction, junction structure / manhole construction, catch basin construction, connection to existing facilities, backfilling, surface restoration (AC, curbs, gutters, sidewalks, etc.), rip-rap construction, concrete flow-line slab construction, guard cable installation, removing and replacing landscaping and irrigation systems, public notification, coordination with the Casitas Capistrano Homeowner's Association, and all other appurtenant work necessary to construct the improvements as shown on the Storm Drain Improvement Plans for Calle Lorenzo and Calle Resplendor. 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 SP-1 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 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. • SP-2 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. 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 may be 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 least 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 48 • hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet No. 1 of the plans. SP-3 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. 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 to equal or better than 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 or better than 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. Jobsite access is not allowed through Del Obispo Park in accordance with the City of Dana Point permit requirements. Contractor shall access site through the levee from Stonehill. Access for pedestrians and bicycles shall be maintained at all times along the existing bike trail. In an emergency situation, such as a storm event, or when required by the County, Contractor shall remove all equipment as requested. SECTION 9 - PRE-CONSTRUCTION COORDINATION MEETING Prior to the commence of construction, arrangements will be made for a meeting between the Contractor,the Engineer,the City of San Juan Capistrano,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. • SP-4 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: I. 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 internet at: http://www.waterboards.ca.govJstormwtr/construcOon.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. • SP-5 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. 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 SP-6 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. 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 1 st 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 of the 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 per 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 Permit 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. • SP-7 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 Surveyor. It also mandates that after construction,monuments are to be reset and"Comer 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 Corner 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 zn 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"LS."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 - INDEMNIFICATION Contractor hereby releases and agrees to indemnify,defend,and hold harmless the City of San Juan Capistrano, Adams-Streeter Civil Engineers, Inc. (ASCE), their parent and subsidiary companies, agents,employees,consultants and representatives for any and all damage to persons or 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 and ASCE,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 ASCE,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. • SP-8 • SECTION 14—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 and ASCE, their present 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 and ASCE, 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 ASCE, their parent or subsidiary companies and their agents and employees. SECTION 15 —ENCROACHMENT PERMIT The Contractor must comply with all conditions of the City Encroachment Permit as part of the contract. SECTION 16—PROSECUTION OF WORK There should be no period that roadways are not available,except for the areas where work is being done.All work phases will be cleaned up daily with temporary striping/lane markings reestablished • daily as applicable. The street shall be in good condition over the weekends. Trenches shall be covered with steel plates at specific locations to allow residents access to their driveways during work hours whenever possible. Trenches must be backfilled and compacted or covered with steel plates prior to contractor leaving the job site each day.Trench excavation shall be performed in accordance with the City Standard Plan No. 700. Prior to commencing work on this project,the contractor shall submit to the Engineer for approval a plan and schedule of construction which will allow the least inconvenience to the public and/or residents. SECTION 17—HOURS OF WORK The City of San Juan Capistrano construction work hours are: Monday through Friday: 8:30 a.m.—5:00 p.m. S aturday: None Sunday: None Federal Holidays: None • SP-9 CITY OF SAN JUAN CAPISTRANO • Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project(CEP 07501) DETAIL SPECIFICATIONS AND METHOD OF PAYMENT CONTENTS: BID ITEM#1 - Mobilize and Demobilize....................................................... 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 - Project Site Maintenance....................................................... DS-3 BID ITEM#6 - CCTV Inspection of Storm Drain Lines.......................................DS-3 BID ITEM#7 - Dewatering System............................................................. DS-4 BID ITEM#8 - Remove Ex. Storm Drain Structure and Interfering Portion of Ex. Storm Drain...................................................................DS-5 BID ITEM#9 - Sawcut and Remove Ex. AC Pavement and Replace in Kind.............DS-5 BID ITEM#10 - Sawcut and Remove Ex. Curb & Gutter and Replace in Kind.............DS-5 BID ITEM#11 - Sawcut and Remove Ex. Cross Gutter and Replace in Kind...............DS-6 BID ITEM#12 - Sawcut and Remove Ex. Sidewalk and Replace in Kind................... DS-6 BID ITEM#13 - Remove Portion of ACP Water Pipe and Replace w/PVC Pipe Prior to Storm Drain Construction.............................................DS-6 BID ITEM#14 - Construct 5' Wide Concrete Flow-Line Invert Slab&Dowel Into • Ex. Headwall......................................................................DS-7 BID ITEM#15 - Install 18" RCP Storm Drain (D-load Per Plan).............................DS-7 BID ITEM#16 - Install 36" RCP Storm Drain (D-load Per Plan).............................DS-7 BID ITEM#17 - Construct Storm Drain Junction Structure Type I........................... DS-8 BIDITEM#18 - Construct Storm Drain Junction Structure Type III........................ DS-8 BID ITEM#19 - Construct Storm Drain Inlet Structure Type I............................... DS-8 BID ITEM#20 - Construct Storm Drain Inlet Structure Type III w/Grate Inlet........... DS-8 BID ITEM#21 - Construct Reinforced Concrete Collar........................................DS-8 BID ITEM#22 - Construct Modified Trash Rack for Ex. Storm Drain Headwall.......... DS-9 BID ITEM#23 - Install 42" Guard Cable Fencing Along Ex. Top of Headwall.............DS-9 BID ITEM#24 - Install 8"Thick Concrete Plug for Ex. RCP Storm Drain................. DS-9 BID ITEM#25 - Construct Storm Drain Inlet Structure Type II............................... DS-10 BID ITEM#26 - Remove Ex. Curb & Gutter and Construct Local Depression..............DS-10 BID ITEM#27 - Install 24"RCP Storm Drain (D-Load per plan)............................. DS-10 BID ITEM#28 - Provide Temp. Sewer/Water Connection As Needed.....................DS-10 BID ITEM#29 - Install Slope Protection Grouted Rip-Rap Over Geotextile............... DS-11 BID ITEM#30 - Remove Ex. 5' High Perimeter Fence &Gate and Replace w/8' Perimeter Fence &Gate, as required for construction...................... DS-11 BID ITEM#31 - Install 5' High Debris Fence....................................................DS-11 BID ITEM#32 - Remove and Replace Ex. Storm Drain Junction Structure in Kind....... DS-12 BID ITEM#33 - Remove and Replace Ex. 48" Sewer Manhole...............................DS-12 BID ITEM#34 - Unsuitable Material and Additional Bedding.................................DS-12 BID ITEM#35 - Pothole Utility Crossings........................................................DS-13 • DS-1 INCIDENTALS • A. PUBLIC NOTIFICATION.................................................................. DS-13 B. DUST CONTROL AND CONSTRUCTION CLEANUP.............................. DS-14 C. TRAFFIC CONTROL AND PUBLIC SAFETY......................................... DS-14 D. REMOVAL AND DISPOSAL OF MATERIAL......................................... DS-14 E. TRENCH SHORING.........................................................................DS-15 F. BEDDING AND BACKFILL.............................................................. DS-16 G. AC PAVEMENT RESURFACING........................................................ DS-17 H. MISCELLANEOUS LANDSCAPING&IRRIGATION.............................. DS-17 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". 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,offsite storage 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. Measurement and Payment—"Mobilization and Demobilization"will be paid for at the Contract Lump Sum Price in accordance with Section 9-3 of the"The Greenbook".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, in 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 "The Greenbook". 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. DS-2 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 comer record forms and submit to the County 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—"Project Survey"will be paid for at the Contract Lump Sum Price in accordance with Section 9-3 "The Greenbook". 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 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—"Re-establish Centerline Ties and Monuments"will be paid for at the Contract Lump Sum Price in accordance with Section 9-3 "The Greenbook". 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 5—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 - Full compensation for furnishing 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 Schedule of Work Items(Bid Schedule).No additional compensation will be allowed. BID ITEM 6—CCTV INSPECTION OF STORM DRAIN LINES Following the installation of storm drain pipe, closed-circuit T.V. (CCTV) inspection shall be performed on the existing and newly installed storm drain system(including mainlines and laterals). Existing storm drain lines included in the scope of work shall be as follows: a. 36" RCP storm drain line on Calle Lorenzo from Camino Capistrano to Calle Resplendor. b. 36" RCP and 24" RCP storm drain lines on Calle Resplendor from Calle Lorenzo to the Casitas Capistrano HOA property north of Paseo Ensenada. c. 36"RCP storm drain line within the Casistas Capistrano HOA property from north of Paseo • Ensenada to the 36" inlet headwall structure. DS-3 CCTV inspection shall be performed in accordance to Section 500-1.1.5 of the Standard • Specifications. This work shall also include cleaning of storm drain pipes prior to video taping in accordance with Section 500-1.1.4 of the Standard Specifications. The scope of work includes the cleaning and video taping the length of existing and installed storm drain main by means of CCTV, recording all connections and lateral locations (as applicable) by footage or stationing, and providing the City with a hard copy of the findings. Under no circumstances shall video operations be performed without the Inspector present. Cleaning of the storm drain system shall include removal of debris or foreign objects,both existing and/or introduced during construction. Such debris shall be vacuumed from the system and shall not be washed or otherwise deposited downstream. Cleaning apparatus shall be removed prior to insertion of the video camera. Under no circumstances shall cleaning apparatus be used in direct conjunction with video operations. Under no circumstances will plugging and/or bypassing be permitted without prior approval and presence of the Engineer. If plugging and/or bypassing is deemed necessary,the Contractor shall be responsible for plugging manhole outlets and/or providing a bypass line for the effluent during videotaping. These storm drain mains will be"in service"at the time of the video inspection. During inspection,the operating technician shall,in addition to his/her videotape(with audio)record of conditions,log in writing the location of all laterals,defects,misalignments,and other conditions and data pertinent to the physical condition and operation of the storm drain main. Footage counter shall locate conditions, defects and laterals. • At all points within the storm drain showing defects,laterals or other storm drain appurtenances,the Contractor shall stop the camera,rotate(up to 360°), and/or tilt the camera lens to ensure adequate video coverage. The camera shall be stopped and/or backed up to view and analyze conditions that appear unusual or uncommon to a storm drain in good condition. There shall be no loss of video quality at any time. Measurement and Payment— "CCTV Inspection of Storm Drain Lines" will be paid for at the Contract Lump Sum Price in accordance with Section 9-3 "The Greenbook". 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 as specified and no additional compensation shall be made therefore. BID ITEM 7—DEWATERING SYSTEM The work for this item shall consist of providing a dewatering system during the construction of storm drain improvements in accordance with Section 306-3.3"The Greenbook"and in accordance with any permit requirements. Measurement and Payment— "Dewatering System" will be paid for at the Contract Lump Sum Price in accordance with Section 9-3"The Greenbook". 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 as specified and no additional compensation shall be made therefore. This item can be deleted at the discretion of the Engineer if deemed not necessary during construction. • DS-4 BID ITEM 8—REMOVE EXISTING STORM DRAIN STRUCTURE AND INTERFERING • PORTION OF EXISTING STORM DRAIN The work for this item shall consist of removing existing storm drain structures(junction structures/ manholes),interfering portion of existing storm drain pipes,and/or other appurtenances necessary to construct the proposed improvements where it is shown on the Contract Plans and in accordance with "The Greenbook"Section 306-5. Measurement and Payment—"Remove Existing Storm Drain Structure and Interfering Portion of Existing Storm Drain" will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook% The unit price bid per each 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 9—SAWCUT AND REMOVE EXISTING AC PAVEMENT AND REPLACE IN KIND(INCLUDING SPEED BUMPS) The work for this item shall consist of sawcutting and removing existing asphalt pavement (including base material) and speed bumps to construct the proposed improvements where it is shown on the Contract Plans and in accordance with"The Greenbook"Section 300-1.3. Pavement (and speed bumps) removed shall be replaced in-kind w/ final paving 0.F thicker than existing paving removed in accordance with the City Standard Plan No. 700. The work for this item may also include additional areas on Calle Resplendor within limits of the • existing 24"storm drain(areas not shown/delimited on the Contract Plans)that may be required to facilitate the construction of proposed improvements. Contractor shall not perform work on these additional areas NOT shown/ delimited on the Contract Plans without prior authorization by the Engineer. Measurement and Payment—"Sawcut and Remove Existing AC Pavement and Replace In Kind" will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook".The unit price bid per square foot shall include all labor,material,backfill,excavation,tools,incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be made therefore. This item can be reduced at the discretion of the Engineer. BID ITEM I0—SAWCUT AND REMOVE EXISTING CURB&GUTTER AND REPLACE IN KIND The work for this item shall consist of sawcutting,removing and replacing concrete curb&gutter to construct the proposed improvements where it is shown on the Contract Plans and in accordance with"The Greenbook"Section 300-1.3 and Section 303-5.All concrete curb&gutter removed shall be replaced in-kind and in accordance with the City Standard Plan No. 301 (Type"C-6"). Measurement and Payment—"Sawcut and Remove Existing Curb&Gutter and Replace In Kind" will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook".The unit price per square foot shall include all labor,material,tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. • DS-5 BID ITEM 11—SAWCUT AND REMOVE EXISTING CROSS GUTTTER AND REPLACE • IN KIND The work for this item shall consist of sawcutting,removing and replacing concrete cross gutter to construct the proposed improvements where it is shown on the Contract Plans and in accordance with"The Greenbook"Section 300-1.3 and Section 303-5. All concrete cross gutter removed shall be replaced in-kind and in accordance with the City Standard Plan No. 305. Measurement and Payment—"Sawcut and Remove Existing Curb&Gutter and Replace In Kind" will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook".The unit price bid per square foot shall include all labor,material,tools,incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 12 —SAWCUT AND REMOVE EXISTING SIDEWALK AND REPLACE IN KIND The work for this item shall consist of sawcutting, removing, and replacing concrete sidewalk (including base removal)to construct the proposed improvements where it is shown on the Contract Plans and in accordance with "The Greenbook" Section 300-1.3 and Section 303-5. All concrete sidewalk removed shall be replaced in-kind and in accordance with the City Standard Plan No.330. Measurement and Payment—"Sawcut and Remove Existing Sidewalk and Replace In Kind"will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit • price bid per square foot shall include all labor,material,tools,incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 13—REMOVE PORTION OF ACP WATER PIPE AND REPLACE WITH PVC PIPE PRIOR TO STORM DRAIN CONSTRUCTION The work for this item shall consist of removing portions of existing asbestos cement water pipe (ACP) at utility crossing locations where it is shown on the Contract Plans, replacing with C900 CL305 PVC pipe prior to storm drain construction, and handling and disposal of existing ACP (asbestos-cement pipe)and other hazardous materials.Removal of ACP and appurtenances shall be in accordance with all applicable State and Federal requirements. Legal disposal is the responsibility of the Contractor. Obtain concurrence from the agency having disposal jurisdiction with respect to disposal sites.Flexible coupling shall he utilized for pipe connections as directed by the City Inspector. Trenching,backfill,and resurfacing shall be in accordance with the City Standard Plan No. 700. Measurement and Payment—"Remove Portion of ACP Water Pipe and Replace with PVC Pipe Prior to Storm Drain Construction" will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. • DS-6 BID ITEM 14— CONSTRUCT 5' WIDE CONCRETE FLOW-LINE INVERT SLAB AND • DOWEL INTO EXISTING HEADWALL The work for this item shall consist of miscellaneous clearing & grubbing, and constructing a 5' wide concrete flow-line invert slab (L=10', T=8", S=2.36%) and dowel into an existing 36" pipe headwall structure (#4 rebars at 12"O.C.) as shown on the Contract Plans and in accordance with "The Greenbook"Section 300-1 and Section 7-9.The location of work to be performed is outside of the public right-of-way (within the Casitas Capistrano Homeowner's Association property)where access is limited. Contractor shall not perform this work without prior written authorization by the Engineer. Measurement and Payment—"Construct 5' Wide concrete Flow-Line Invert Slab And Dowel Into Existing Headwall"will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook".The unit price bid per lineal foot shall include all labor,material,tools,incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore.This item can be deleted at the discretion of the Engineer. BID ITEM 15—INSTALL 18"RCP STORM DRAIN(D-LOAD PER PLAN) The work for this item shall include installation of 18"RCP storm drain as shown on the Contract Plans (including D-Load requirements) and in accordance with "The Greenbook" Section 207-2. Work for this item shall include all "Removal and Disposal of Material", "Trench Shoring", "Bedding and Backfill" and "AC Pavement Resurfacing" required for the installation of 18"RCP • storm drain. "Removal and Disposal of Material", "Trench Shoring", "Bedding and Backfill" and "AC Pavement Resurfacing" are described in"Incidentals" at the end of this section. Measurement and Payment—"Install 18"RCP Storm Drain(D-Load Per Plan)"will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per lineal foot shall include all labor,material,tools,incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 16—INSTALL 36"RCP STORM DRAIN(D-LOAD PER PLAN) The work for this item shall include installation of 36"RCP storm drain as shown on the Contract Plans (including D-Load requirements) and in accordance with "The Greenbook" Section 207-2. Work for this item shall include all "Removal and Disposal of Material", "Trench Shoring", "Bedding and Backfill" and "AC Pavement Resurfacing" required for the installation of 36"RCP storm drain. "Removal and Disposal of Material", "Trench Shoring", "Bedding and Backfill"and "AC Pavement Resurfacing" are described in"Incidentals" at the end of this section. Measurement and Payment—"Install 18"RCP Storm Drain(D-Load Per Plan)"will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per lineal foot shall include all labor,material,tools,incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. • DS-7 BID ITEM 17—CONSTRUCT STORM DRAIN JUNCTION STRUCTURE TYPE I • The work for this item shall include construction of junction structure Type I as shown on the Contract Plans and in accordance with the Orange County Public Works Standard Plan No. 1310. Measurement and Payment—"Construct Storm Drain Junction Structure Type r'will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook".The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 18—CONSTRUCT STORM DRAIN JUNCTION STRUCTURE TYPE III The work for this item shall include construction of junction structure Type III as shown on the Contract Plans and in accordance with the Orange County Public Works Standard Plan No. 1312. Measurement and Payment—"Construct Storm Drain Junction Structure Type III"will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 19—CONSTRUCT STORM DRAIN INLET STRUCTURE TYPE I The work for this item shall include construction of storm drain inlet structure Type I as shown on the Contract Plans (L=3.5', H=8.4') and in accordance with the Orange County Public Works • Standard Plan No. 1301. Measurement and Payment—"Construct Storm Drain Inlet Structure Type r'will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 20 — CONSTRUCT STORM DRAIN INLET STRUCTURE TYPE III WITH GRATE INLET The work for this item shall include construction of storm drain inlet structure Type III with grate inlet as shown on the Contract Plans (Lr3.5', H=10.2')and in accordance with the Orange County Public Works Standard Plan No. 1303 and 1307. Measurement and Payment—"Construct Storm Drain Inlet Structure Type III With Grate Inlet" will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook".The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 21 —CONSTRUCT REINFORCED CONCRETE COLLAR The work for this item shall include construction of reinforced concrete collar as shown on the Contract Plans and in accordance with the Orange County Public Works Standard Plan No. 1317. • DS-8 Measurement and Payment — "Construct Reinforced Concrete Collar" will be paid for at the • Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 22—CONSTRUCT MODIFIED TRASH RACK FOR EXISTING STORM DRAIN HEADWALL The work for this item shall include construction of modified trash rack for existing storm drain headwall in accordance with the Contract Plans and the American Public Works Association Standard Plan No. 361-1 (Case A). The location of work to be performed is outside of the public right-of-way (within the Casitas Capistrano Homeowner's Association property) where access is limited.Contractor shall not perform this work without prior written authorization by the Engineer. Measurement and Payment — "Construct Modified Trash Rack for Existing Storm Drain Headwall" will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. This item can be deleted at the discretion of the En ig neer. BID ITEM 23— INSTALL 42" GUARD CABLE FENCING ALONG EXISTING TOP OF HEADWALL The work for this item shall include construction of 42"guard cable fencing along the existing top of • 36" inlet headwall in accordance with the Contract Plans and the Orange County Public Works Standard Plan No. 1413. The location of work to be performed is outside of the public right-of-way (within the Casitas Capistrano Homeowner's Association property) where access is limited. Contractor shall not perform this work without prior written authorization by the Engineer. Measurement and Payment—"Install 42"Guard Cable Fencing Along Existing Top of Headwall" will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook".The unit price bid per lineal foot shall include all labor,material,tools,incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. This item can be deleted at the discretion of the En ig neer. BID ITEM 24—INSTALL 8" THICK CONCRETE PLUG FOR EXISTING RCP STORM DRAIN The work for this item shall include construction of 8"thick concrete plug for existing RCP storm drain in accordance with the Contract Plans. Measurement and Payment—"Install 8"Thick Concrete Plug for Existing RCP Storm Drain"will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. • DS-9 BID ITEM 25—CONSTRUCT STORM DRAIN INLET STRUCTURE TYPE II • The work for this item shall include construction of storm drain inlet structure Type II as shown on the Contract Plans(L=21',H=8')and in accordance with the Orange County Public Works Standard Plan No. 1302. Measurement and Payment—"Construct Storm Drain Inlet Structure Type 1T'will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook".The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 26 — REMOVE EXISTING CURB & GUTTER AND CONSTRUCT LOCAL DEPRESSION The work for this item shall include removal of existing curb&gutter and construct local depression (type C-6 curb&gutter)to support the construction of a storm drain inlet structure per Bid Item 25 above in accordance with the Contract Plans and City Standard Plan No. 360. Measurement and Payment—"Remove Existing Curb&Gutter and Construct Local Depression" will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook".The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 27—INSTALL 24"RCP STORM DRAIN(D-LOAD PER PLAN) • The work for this item shall include installation of 24" RCP storm drain as shown on the Contract Plans (including D-Load requirements) and in accordance with "The Greenbook" Section 207-2. Work for this item shall include all "Removal and Disposal of Material", "Trench Shoring", "Bedding and Backfill" and"AC Pavement Resurfacing" required for the installation of 36"RCP storm drain. "Removal and Disposal of Material", "french Shoring", "Bedding and Backfill" and "AC Pavement Resurfacing" are described in"Incidentals" at the end of this section. Measurement and Payment—"Install 24"RCP Storm Drain(D-Load Per Plan)"will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per lineal foot shall include all labor,material,tools,incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. BID ITEM 28—PROVIDE TEMPORARY SEWER/WATER CONNECTION AS NEEDED PER FIELD CONDITIONS All existing sewer and water services encountered during trenching operations /pipe installation shall be protected in place to the extent possible. If any existing sewer and/or water service cannot be adequately protected in place per field conditions and determined by the Engineer,the contractor shall provide temporary service connection foreach of the affected services to maintain sewer/water services to affected residence during construction in accordance with the Contract Plans.Work shall also include replacement of affected services to the satisfaction of the Inspector. 1" and 2" water • service copper tubing shall be replaced as directed by the Water Construction Inspector and in accordance with City of San Juan Capistrano Std.Plan No.W-1 &W-2.Contractor shall not perform DS-10 this work without prior approval of the Engineer. Contractor shall notify affected residence on • scheduled work as outlined in the proceeding section of this Detail Specifications under Public Notification(Page DS-13). Measurement and Payment — "Provide Temporary Sewer/ Water Connection As Needed Per Field Conditions" will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. This item can be reduced or deleted at the discretion of the Engineer. BH) ITEM 29 — INSTALL SLOPE PROTECTION GROUTED RIP-RAP OVER GEOTEXTILE The work for this item shall include installation of slope protection grouted rip-rap (min. 12" diameter)over geo-textile(Type H non-woven fabric)in accordance with the Contract Plans and the Orange County Public Works Standard Plan No. 1808 and 1809. The location of work to be performed is outside of the public right-of-way (within the Casitas Capistrano Homeowner's Association property)where access is limited.Contractor shall not perform this work without prior written authorization by the Engineer. Measurement and Payment—"Install Slope Protection Grouted Rip-Rap Over Geo-textile"will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook'.The unit price bid per square foot shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. • This item can be deleted at the discretion of the Engineer. BID ITEM 30 — REMOVE EXISTING FIVE FOOT (5') HIGH PERIMETER FENCE & GATE AND REPLACE W/EIGHT FOOT(8') HIGH PERIMETER FENCE &GATE The work for this item shall include removal of existing five foot(5')high chain linked fence&one (1)gate, and replacement with 8' high chain linked fence &one (1)gate as shown on the Contract Plans.The actual limits of removal and replacement shall be determined by the Inspector or Engineer in the field during construction.The location of work to be performed is outside of the public right- of-way(within the Casitas Capistrano Homeowner's Association property)where access is limited. Measurement and Payment — "Remove Existing Five Foot High Perimeter Fence & Gate and Replace with Eight Foot High Perimeter Fence&Gate"will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per linear foot shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. This item can be reduced or deleted at the discretion of the Engineer. BID ITEM 31 —INSTALL FIVE FOOT(5')HIGH DEBRIS FENCE The work for this item shall include furnishing and installation of a five foot(5')high chain linked fence as shown on the Contract Plans.The location of work to be performed is outside of the public right-of-way (within the Casitas Capistrano Homeowner's Association property) where access is • limited. DS-11 Measurement and Payment—"Install Five Foot High Debris Fence"will be paid for at the Contract • Unit Price in accordance with Section 9-3"The Greenbook".The unit price bid per linear foot shall include all labor,material,tools,incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. This item can be deleted at the discretion of the Engineer. BID ITEM 32 — REMOVE AND REPLACE EXISTING STORM DRAIN JUNCTION STRUCTURE IN KIND The work for this item shall include the removal and replacement of existing junction structure(or manhole) which is part of the existing 24" storm drain system on Calle Resplendor in order to facilitate construction of proposed storm drain improvements as deemed necessary by the Engineer during construction.Work shall also include restoration of existing storm drain pipe connections at the junction structure (or manhole) and providing temporary means for flow conveyance during construction as necessary.Contractor shall not perform this work without prior authorization by the Engineer. Measurement and Payment—"Remove and Replace Existing Storm Drain Junction Structure In Kind"will be paid for at the Contract Unit Price in accordance with Section 9-3"The Greenbook". The unit price per bid each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. This item can be reduced or deleted at the discretion of the En ig neer. BID ITEM 33—REMOVE AND REPLACE EXISTING 48" SEWER MANHOLE • The work for this item shall include the removal and replacement of existing 48" sewer manhole which is part of the existing 8" VCP sewer line on Calle Resplendor (between Paseo Loreto and Paseo Tecate) in order to facilitate construction of proposed storm drain improvements as deemed necessary by the Engineer during construction. Work shall also include restoration of sewer pipe connections at the manhole providing temporary means for flow conveyance during construction as necessary. Contractor shall not perform this work without prior authorization by the Engineer. Measurement and Payment—"Remove and Replace Existing 48"Sewer Manhole"will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook".The unit price bid per each shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore.This item can be reduced or deleted at the discretion of the Engineer. BID ITEM 34—UNSUITABLE MATERIAL AND ADDITIONAL BEDDING 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 "The Greenbook".The contractor shall furnish and place additional bedding to replace unsuitable material excavated to the requirements of Section 306-1.2.1 "The Greenbook". For this bid item,the unit price should reflect that any quantity from zero to the amount shown on the Schedule of Work Items(in tons)may be required and that no adjustment of the unit bid price will be made.Contractor shall not perform this work without prior authorization by the Engineer.If work is • authorized, daily tickets must be approved by the Inspector for materials delivered. DS-12 Measurement and Payment—"Unsuitable Material and Additional Bedding"will be paid for at the • Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per ton shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. This item can be reduced or deleted at the discretion of the Engineer. BID ITEM 35—POTHOLE UTILITY CROSSING The contractor shall locate and expose underground utility facilities as directed by the Engineer if deemed necessary during construction. 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—"Pothole Utility Crossing"will be paid for at the Contract Unit Price in accordance with Section 9-3 "The Greenbook". The unit price bid per each to locate and verify elevations of utility crossings shall include all labor, material, tools, incidentals and equipment necessary for doing all the work required as specified and no additional compensation shall be allowed therefore. This item can be reduced or deleted at the discretion of the Engineer. 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 shall provide advance notification of construction to occupants of all affected properties fourteen days in advance of actual start of work. 2. The Contractor shall provide notification of water shutdown to occupants of all affected properties two working days in advance of construction operations.Notification shall provide date & hours of water shutdown (maximum 8 hours per day) and Contractor's contact information. Should scheduled work need to be cancelled, the Contractor will notify the occupants of all affected properties as soon as possible,and provide them again two working days in advance of construction operation. 3. The Contractor's notification shall be accomplished by the hand delivering of individual letters of notification or door hanger to the occupants of all affected properties. A facsimile notification letter shall be submitted for review to the Engineer and Water Construction Inspector 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. DS-13 B. DUST'CONTROL AND CLEANUP • Dust control and construction cleanup shall conform to Section 7 of"The Greenbook". 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. TRAFFIC CONTROL AND PUBLIC SAFETY The contractor shall provide and maintain traffic control and safety devices to ensure public safety during the entire period of construction.All traffic control shall be in accordance with the California Manual on Uniform Traffic Control Devices(MUTCD).Traffic Control Plans and/or any proposed changes thereto are subject to the approval of the Engineer prior to implementation and may be modified, as required while in operation, to the satisfaction of the Engineer. 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 prior to actual start of construction. 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 8:30 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—Traffic Control and Public Safety will not be measured and paid for directly, but shall be considered as a subsidiary obligation of the Contractor with costs included in the price bid for the items to which they apply. Traffic Control and Public Safety 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. D. 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 DS-14 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 of materials 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 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. E. 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. DS-15 F. 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. 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 D1557 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 of the backfill volume should be larger than3/4-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 compaction 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 on3/4-inch sieve. DS-16 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. G. AC PAVEMENT RESURFACING AC Pavement resurfacing shall follow the requirements set forth in the City of San Juan Capistrano Standard Plan 700, and as stated in Bid Item#9. Measurement and Payment—Full compensation for conforming to the requirements of this item shall be considered a part of Bid Item#9 and no additional compensation will be allowed therefore. H. MISCELLANEOUS LANDSCAPING AND IRRIGATION REPLACEMENT The work for this item shall consist of replacing any landscaping, irrigation, and related appurtenances in kind that may be damaged during the course of construction. Installation of landscaping and irrigation shall be in accordance with "The Greenbook" Sections 212 and 308. 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-17 APPENDIX A Geotechnical Report NMC • Geotechnical, Inc. June 9,2006 Project No. 04049-01 To: AKM Consulting 553 Wald Irvine,California 92618 Attention: Mr.Morgan Ying Subject: Geotechnical Investigation for Calle Resplendor Drainage Project, City of San Juan Capistrano,California References: California Department of Conservation Division of Mines and Geology(CDMG), 1999, Fault-Rupture Hazard Zones in California, Special Publication 42, Revised 1997, Supplements 1 and 2 added 1999, Authorized by Hart, E.W. and Bryant,W.A. California Department of Conservation Division of Mines and Geology(CDMG), 2001, Seismic Hazard Zone Report for the San Juan Capistrano 7.5-Minute • Quadrangle Orange County, California, Seismic Hazard Zone Report 053,2001. INTRODUCTION In accordance with your request and authorization, NMG Geotechnical, Inc. (NMG) has conducted a geotechnical investigation for the proposed storm-drain improvement project in the city of San Juan Capistrano, California. The location of the site is depicted on the attached Site Location and Seismic Hazards Map(Figure 1). The purpose of our investigation was to evaluate existing subsurface materials and conditions in order to provide geotechnical recommendations for design and construction of the stone-dram- replacement project. This report summarizes our findings and provides our conclusions and recommendations. Our findings for the existing subsurface conditions and workability of exposed materials are summarized on a boring-by-boring basis in Table 1 (Summary of Borings and Subsurface Conditions). The Boring Location Map (Figure 2) provides the approximate locations and depths of our borings along the alignment of the storm drain. ATTACHMENTS Table 1 —Summary of Borings and Subsurface Conditions—Page 5 Figure 1 —Site Location and Seismic Hazards Map—Page 2 Figure 2—Boring Location Map—Rear of Text Appendix A-Boring Logs • Appendix B—Summary of Laboratory Test Results 17991 Fitch• Irvine, California 92614 • PHONE (949) 442-2442 • FAX (949) 476-8322 �, ,_.•-� �'.tr(� x� "to C . � •� sxi�,i .- -I_ , �,�, , JAl '`oM , � xyp1 ( ♦ �_r ♦�(.,. UP l'r ,� v � Ile'l 4c, — r , �•' ' �� 01 AVf pill 7_4 VT ✓*( it tr 1 J i art JCJ�! c� L '`�'C�� 1�.., � say J�� •/f' 'j � rI�/ Liquallaction Earthquake-induced Landslides Areas whom historic ocaxnincs of liquefaction,m local geological, Areas wheris pruvicim owumm of landslide rna,marent or local gootechnical and gnoundwater conditions Indicate a potential for topographic,geological,giroterchniml and subsurface water conditions pennanent ground dispiecarments such that mitigation as defined In Indicate a poteirbal for perrvarvent ground dimplacernent5 such bmt Public Resounces Code SectIon 2693(c)would be required. mitigation as defined In Public Ptswources Code Section 2693(c)muld be mquired. SITE LOCATION HAZARDBASE: SEISMIC ZONES I SAN JUAN • QUADRANGLE CITY ' CALLE RESPLENDOR DRAINAGE Project Number: 04049-01 OF • _ . - .. CALIFORNIA Date:- 619106 Figure No. 1 04049.01 • June 9,2006 SCOPE OF WORK Our scope of work for the geotechnical investigation included the following: • Field reconnaissance to evaluate existing surface conditions. • Acquisition of necessary permits from the City of San Juan Capistrano. • Field marking of potential boring locations. • Coordination with Underground Service Alert for field clearance of boring locations with various public agencies and utility companies. • Excavation,logging and soil sampling of five small-diameterborings(Appendix A). • Backfilling of borings with cuttings and capping with asphalt concrete cold patch. • Laboratory testing of selected soil samples(Appendix B). • Geotechnical analysis of collected data • Preparation of this report. • • 3 NMG 04049-01 June 9,2006 • SUMMARY OF FINDINGS Site Location and Description The Calle Resplendor Drainage project is located west of the San Diego Freeway(I-5) south of Junipero Serra Road in the city of San Juan Capistrano (Figure 1). The project is located within an existing residential neighborhood called Casitas Capistrano. There is an existing 36-inch storm drain that runs west from I-5 to Calle Resplendor. The storm drain needs to be relieved by an additional drain or replaced with a larger drain. Proposed Stonn Drain Pipeline Construction We understand that the storm drain design alignment is currently being discussed and that no plans are available for review at this time. The locations and depths of the borings performed for this investigation provide representative coverage for a storm drain alignment within Calle Resplendor with a maximum depth of 20 feet. Subsurface Exploration The subsurface exploration for this study was conducted on October 13 and 24, 2005. • Exploration consisted of the excavation of five 8-inch-diameter,hollow-stem-auger borings (H-1 through H-5) to a maximum depth of 21.5 feet. Three borings were located adjacent to the existing storm drain pipeline north of Calle Resplendor within grass turf and landscaped areas. These borings were drilled with a limited-access rig. The remaining two borings were drilled with a full-size rig within Calle Resplendor. The approximate locations of the borings are shown on the Boring Location Map(Figure 2). The borings were geotechnically logged, and soil samples were taken at select intervals and field classified in accordance with ASTM Test Method D2488 and the Unified Soil Classification System (USCS). The borings are summarized in the following Table 1 (Summary of Borings and Subsurface Conditions). The geotechnical boring logs are included in Appendix A. Relatively undisturbed soil-ring samples were obtained from the exploratory borings with a Modified California ring sampler. The sampler was driven with a 140-pound hammer, free- falling 30 inches. The drive samples were used to obtain a measure of resistance of the soil to penetration (recorded as blows-per-foot on our geotechnical boring log) as well as for classification and laboratory testing. Representative bulk samples of onsite soils were collected from the drill cuttings and used for additional laboratory testing and soil identification purposes. Laboratory Testing Laboratory testing of selected soil samples was performed in general conformance with applicable ASTM test standards. .Laboratory tests were performed on: relatively undisturbed • samples to determine in-situ moisture and density characteristics, shear strength parameters; and bulk samples to determine maximum densities and optimum moisture characteristics, grain-size 4 NMG 04049-01 June 9,2006 • distribution, Atterberg limits and corrosion potential. The corrosion testing included pH, resistivity, alkalinity, ammonia, chloride, and sulfate. In-situ moisture and dry density values are included on the geotechnical boring logs in Appendix A. The laboratory testing and results are described, summarized, and included in Appendix B. Geotechnical Conditions Subsurface soil conditions encountered generally consist of fine-grained soils with zones of sand or gravel. Composite pavement sections with asphalt concrete over aggregate base were encountered within Calle Resplendor (Borings H-4 and H-5). Detailed descriptions of subsurface materials, including pavement thickness, encountered during our investigation are included on our boring logs in Appendix A. A summary of material type classification and workability, which pertains to recompaction of material as trench backfill and stability of exposed trench bottom materials, is included in the following Table 1 (Summary of Borings and Subsurface Conditions). Groundwater Conditions Groundwater was not encountered in any borings to a depth of 21.5 feet below the existing ground surface. Histotic groundwater levels at the site have generally been more than 20 feet below the existing ground surface. We anticipate that groundwater levels will remain consistent prior to construction and dewatering is not necessary in order to construct the proposed pipeline. • Anticipated Trench Bottom Conditions Anticipated trench bottom conditions are summarized in Table 1 below: Table 1 Summary of Borings and Subsurface Conditions Existing AC aw AB USC4 Soil Classification and Borings Thkkness(Gr.) Andcipafed Material Workability Groundwater Depth(/L) CL;SM;CL H-1 N/A Suitable backfill materials. No GW Encountered to 18' Stable trench bottom. CL H-2 N/A Suitable backfill materials. No GW Encountered to 10.5' Stable trench bottom. CL;ML;CL;GP H-3 N/A Suitable backfill materials. No GW Encountered to 21.5' Stable trench bottom. 2.5'AC CL;SM;CL H� over 10"AB Suitable backfill materials. No GW Encountered to 21.5' Stable trench bottom. 2"AC CL;GW;SC/CL H-5 over 10"AB Suitable backfill materials. No GW Encountered to 21.5' Stable trench bottom. • 5 NMG 04049-01 June 9,2006 • Faulting and Seismicity There are no known faults mapped at the site according to the Alquist-Priolo Earthquake Fault Zoning Act (CDMG, 1999). Therefore, the potential for primary ground rupture during a future seismic event is considered very low. The subject site is located within Seismic Zone 4. The site iLUM mapped as being in a seismic hazard zone related to liquefaction or earthquake-induced landslides, per the State of California Seismic Hazards Mapping Act—San Juan Capistrano Quadrangle(CDMG, 2001). Settlement Characteristics Construction of the proposed storm drain pipelines will not increase overburden pressures over the subgrade soils along the planned lengths. Therefore, the potential for settlement of the subgrade soils due to the pipeline construction is considered nil. Additionally, hydro- consolidation potential is considered negligible for the soils underlying the pipe zone. • 6 NMG 04049-01 June 9,2006 • CONCLUSIONS AND RECOMMENDATIONS General Conclusion Based on the results of our field investigation, laboratory testing, and geotechnical analysis, the proposed stoma-drain-pipeline replacement construction is geotechaically feasible, provided the recommendations in this report are implemented during design and construction. Recommendations contained within this report should be considered minimum and may be superseded by more stringent requirements of the City of San Juan Capistrano Public Works Department. 1. Storm Drain Pipeline Construction General: Trench excavations are not expected to encounter groundwater, but may encounter some wet soils near some of the excavation bottoms. However, we anticipate that most of the excavated soils should have moisture contents within the compactable range. These anticipated working conditions have been summarized on a boring-by-boring basis in the preceding Table 1 (Summary of Borings and Subsurface Conditions). Generally, soils encountered during our investigation consisted of fine-grained soils with zones of dense sands and gravels. Significant caving problems are not likely to be encountered within the proposed trench, excavations. Recommendations related to trench shoring, bedding and • shading material, and trench backfill requirements are provided below. Shoring. Trench excavations should be stabilized per the latest edition of OSHA requirements (shoring or laying back of trench walls). Based upon our direct shear testing and observations during the subsurface investigation, onsite soils are generally classified as Type 'B" per Title 8 California Code of Regulations. The pressure distribution presented below for braced cuts maybe used for shoring design. —�. ozsx a7W Gh 6h=45H where:H is in feet and 6h is in Ibsde' Stockpiles of excavated soils should be kept away from the edge of the trench, at minimum, a distance equal to the depth of the excavation. Pipeline Bedding and Pipe Zone Backfill: Pipelines should be bedded on at least 4 inches of • gravel. The pipe zone area (extending at least one foot over top of pipe) should be backfilled 7 NMG 04049-01 June 9,2006 • with gravel, as well. Trench backfill should be in conformance with City of San Juan Capistrano standard trench backfill details. Trench Backfill: Backfill materials should be moisture conditioned as needed to near optimum and compacted to a minimum relative compaction of 90 percent per ASTM D1557 or Caltrans 216. 2. Manhole Construction Clean sand (SE 30 or greater) or cement-sand slurry backfill should be considered around constructed manholes if there is not sufficient room for compaction equipment. If used, the clean sand should be jetted with water to ensure filling of voids (if allowed by local agency). Jetting should be in moderation to minimize the amount of water introduced into the surrounding native soils. 3. Asphalt Pavement and Aggregate Base Reconstruction Asphalt pavement and aggregate base replacement sections should meet or exceed the thickness of the existing pavement. This thickness should meet the minimum requirements of the City of San Juan Capistrano. Asphalt concrete and aggregate base materials should be placed per guidelines within the latest edition of the "Green Book" Standard Specifications. • Where full depth asphalt concrete is planned, the upper 12 inches of the native subgrade soils should be compacted to a minimum relative compaction of 95 percent per ASTM D1557. 4. Soil Corrosivity Test results for corrosivity of soils to metals are included in Appendix B for use by a corrosion engineer. Generally, onsite soils are moderately corrosive to buried metallic structures. Laboratory testing indicates that soluble sulfate exposure for the onsite soils is negligible based on 1997 UBC Table 19-A-4. 5. Construction Considerations The guidelines in the Standard Specifications for Public Works (Green Book) should be utilized during design and construction of the subject improvements. Excavations and construction for the proposed storm drain pipeline construction, including the importing of select materials (i.e. gravel), may result in the exporting of native soils and demolished pavement sections from the subject sites. If necessary during backfill operations, demolished asphalt concrete and aggregate base materials from the existing streets may be pulverized to less than 4 inches in diameter and incorporated with the onsite soils as compacted fill. Compaction equipment should be adequately sized to prevent damage to existing underground utilities and/or improvements. Prior to construction, a qualified geotechnical consultant should • be retained to observe earthwork procedures,pipeline and pavement construction, and to perform 8 NMG 04049-01 June 9,2006 • compaction testing to ensure conformance with the recommendations of this geotechnical report and the project specifications. 6. Geotechnical Observation and Testing Geotechnical observation and testing is recommended during construction at the following stages: • During trench excavation; • During placement of bedding and backfill material; • During pavement repairs; and • When any unusual conditions are encountered. If you have any questions regarding this report, please contact our office. We appreciate the opportunity to provide our services. Respectfully submitted, NMG GEOTEC NICAL, INC. Steve Fitzer Ted Miyake,RCE 44864 • Senior Staff Engineer Principal Engineer SWPr M/er Distribution: (3)Addressee pOFEs87 TED No. No.C 44W EXP.3/31/09 CML QF .t.P QF CALIV • 9 NMG FI PASEogRCQ 41 J� W LEGEND SH-5 BORING PERFORMED BY NMG,SHOWING TOTAL DEPTH AND T.D21.5' AND DEPTH TO GROUNDWATER No 4 FIGURE 2 9oRIRo 1DCAT ww Pmod W.:a l ,y:T,vwp NMG CALLE RESP DDR DRMNAGFE Pnh4 Nana ES RPLENDDR , � �� ' � t �� S l r Da 10/13A15to aped 8WP Ddtirq PWMCWilling Co. — =O r H'1 T""'nig Umlted Awe"Mg 14016e O 30 In drop Sheet 1 of 1 a t Modified CelitorAa;Bulk '? Aapra6rnem Graundwflter Depth: Not Fitcotettered Total De thDrilled(14Coreneo 18.0 0 ls S�E�IevatlGm aiq u v SAMPLES 07HER T11-1-9i'l TESTS MATERIAL DESCRIPTION 'al` and VSp H O9FEMARKS — Surhee:Grass turf. CI g Brownclfine sandy CLAY,damp to moist,gravel. &1 O 1'-6'(GS.MD) 5 B4 a O 6'Mottled dark brown CLAY with sand,damp to moist,very stiff, 17.6 101.9 At.,GS *� D-1 38 abundant roots,gravel. e a E O 1 1 0'T Mottled dark brawn sandy CLAY,moist to B ' D-2 op: very mast,Stift to 4.2 127.1 c : SM Terrace 0 to(Ot) T�Ip:�B�rown gray setyvery tine SAND,very moist,medium dense, slghe WV11n11Z iraaevery ime mice. 1 CL O ts'Brown b dark brawn CLAY with send_ ' D.9 39 gravel. very moist,v—ery—stiff, 18.4 112.0 Notes: 20- Tote)Depth 18 Ft.(Retusel) Groundwater Not ntered Bedrock Not Encountered Beddllied with Cuttings i 311 1 I i i • LOG OF BORING AWCelkt Resplendor PROJECT Na 0404301 NMG D�j) 'CM3= �,° SWP Drilling Perclfio Drilling Co. Drill Sit 5° H-2 SZO/Type TT A RV Ps United Access Rig � 140 nn 0 30 in drop Sheet 1 of 1 0 Modified California,SWk `? Total Dentin gMMmr�e dGraurdwster DeW Not EncolatMed Drilled( 10.5 g SArte.e=nd ■ z e 3NdPLE3 ^k, OTHER f 3 U TESTS a E MATERIAL DESCRIPTION TE Eand or o z' 8 9 o RBWM — Siafaoe•.landscaped Parkway. CL Artlncial Fln f j yq Brown sandy CLAY,mdsL 61 D-1 SOB^ 0 G Top:Mottled dads brown sandy CLAY,very moist,very stiff,roots. 23.0 95.0 a Terrace Deposits lot) Hard drilling a D-2 SW Swinch diameter in Up. N O •� t Toth De�h 10.5 FL(Refusal) Graundwatar Not Enooumered Bedrock Not Encountered Backfilled with Cuttings i • LOG OF BORING A MM11e Respla xW PMWrNQ 0404"1 NMG DDled) 10113105 Dogged SWI, Orfllirq Pacific Drilling Co. DnIll Bi B„ H-3 TYPO yPeRg umltd Access All; Data 140 lbs o 30 In mop Sheet 1 of 1 Samplo Maillodh(s MaOfied Callfmrrda,Bulk De Appraodnate Grourxbsmr Depth: Not Encountered 1Drti 21.5 gComments S pros Ground 9 SAMPLES �$' ^fi OTHER = VA TESTS a °d a c rn MATERIAL DESCRIPTION p1= and W z' 83 08 REMARKS Surface:Grass turf. CL Artificial Rfl(Af) ggy Braun CLAY,very moisL B-1 D-1 21 ®5'Top:Brawn CLAY,moist to wet,stiff,thin rax hairs. 19.1 107.2 DS Tip:Olhre gray CLAY,moist to wet,stiff,traos FeO steins,trace mice. S N O • 1 a to' T Mottled dive brown CLAY D-2 29 Op: very moist b wet,still to vary 14.4 116.1 MM FAn stains. ML Terrace Depedb(rn) lar imaged,Riekfine sandy e mi SILT,very moist,sen to very self,slightly 1 ___________ D-3 25 CL 015 Very duk grayish brown CLAY,very moisten wet,stiff to very 169 114.5 20- D-4 47 ®2a Top:Very dark grayish brain CLAY,moist,very stiff,gravel, 6.5 126A -- sarWam----------------------- Notes: Total Depot 21.5 FL Groundwater Not Enawntaed Bedrock Not Encountered 2 Backnlled with Cuttings 301 • LOG OF BORING AIaWCelle Reaplendw PROJECT Na 04049-01 NMG Drilled) 10/ZM05 Logged SWI, OrilBng By 2R DdIIIngSiA8" H-4 TDrype Rg CME 55 � 140 The a 30 In drop Sheet 1 of 1 u 3 'din0 Modified Cellfonde,Bulk o Meswd s Depth Appradmitte Groundwater Depth: Not Encountered Dnp 21.5 COMM" Approdrte�GnwM x Suiece Elevaam 8) z v SAMPLES OTHER r _ ElE o 2r n o a MATERIAL DESCRIPTION and _ W O00 QQ pc qc� FT Z m.2 C.D � 2rs l]❑ Surface:2.5"AC over 10"AB. CL Artificial Rif(Af) B-1 01'-5'(CC) 4 B-1 ®2.5'Tap:Medium brown CLAY with sand,eery mod,very stiff, 8.3 1195 DS,GS D-1 32 SM TIp"LlghtlovAstt brown slily Bre SAND,most medium dense,trace 18.3 108.8 Dark yeI5v h Crown gity CLAY,most Cc vir mdse stiN to very D-2 28 CL ®V Darstiff, a s 3 103 26 ' Q f 0'Brown sandy CLAY,very moist stiff to very stiff,gravel. 165 106.6 1 gray , ' D-4 P4 s .very silghtly netted,trace F�ns. 0 15'Verk dark very t stiff to very 20.0 105.4 D-5 37 ®20'Very dark brown silty CLAY,very moist,very stiff. 16.6 112.7 Total Depth 21.5 Ft. Groundwater No Encountered Bedrock Not Encountered BeddBled with Cuttings and AC Patch • LOG OF BORING McAtcaflte Resp nidal PROJECT NO, 0404"1 NMG Ddlled11 10/2" Lm'qd SWP • Drilling 2R Drilling g^ H-5 y Ttl°�g CME 55 Hammer. 140[be®30 In drop Sheet 1 Of 1 Metl�ioud(8) Modlfled Califomla,Bulk e AppadmaB Groundwater Depth: Not Encountered or%TO�ed( 1 21.5 $ G0R°mte SurEaos Elewatlm v $ARLES OTHER `s m TESTS a ' T-Bsi c NIATERULL DESCRIPTION yand a :D c S RPJuaRKs CL Argficlal Fill(AQ B-1 ®P-5' (AL,GS,MD) B•1 12 ®2.6'Slightly mottled brown to dark brown sandy CLAY, very mast, 142 116.6 D-1 medhrnl H,gravel. F D-2 24 0 S'Br wn to dpot�brown sandy CLAY,very mast ad".2-Inch 11.7 123.7 angulaE a if • 1 ' D-3 67 a ®� br=dNe brown vrelibraded GRAVEL with day 70.7 GS o and sand mdst dense to very defies,FeO stains. e 0 0 1 /S ® 16'Dark=Wsh brown weA•graded GRAVEL%=d to --— 5.2 GS ' D4 67 a a° well-graded SAND wllh pravd.motet dense to very dense. o.D 20- Q.. 6 Q° o. D q as 3 69 :l.7 SGCL ®20'Dark dive brawn coarse Sandy CLAV b clayey wares SAND 9.0 116.3 flldet l0 Very motet 1^BY Stpf 10 dense b w6fY dense, Notes: Grour Not Encountered Bedrock Not Encountered Back ikc!with Cuttlrgs end AC Patch 30 • LOG OF BORING PXWCalle Rtr9Pkaldor PROJECT Na 0404"1 NMG i z r �r J j} d x r 3y� qt�4 A 4 a7„ A f 04049-01 • lune 9,2006 APPENDIX B LABORATORY TEST RESULTS Soil Classification: Our description and identification of soils are based on manual-visual procedures (ASTM D2488) and the results of laboratory testing of selected samples. Soil samples were classified in accordance with Unified Soil Classification System(USCS). Detailed descriptions for collected soil specimens are included on the geotechnical boring logs within Appendix A. In-Situ Dry Density and Moisture Content: Moisture content and dry densities were determined on the relatively undisturbed ring samples collected from borings throughout the subject project In-situ moisture and dry density data is included on the geotechnical boring logs within Appendix A. Maximum Dry Density and Optimum Moisture Content: Maximum dry density and optimum moisture content tests (ASTM D1557)were performed on bulk samples of the existing subgrade soils collected from the borings. The individual maximum dry density versus moisture content curves is provided within Appendix B. Grain Size Analysis: Sieve analysis tests (ASTM D1140) were performed on bulk and ring • samples collected from the borings. Testing was conducted in order to confirm classifications of encountered subsurface materials. Test results are included within Appendix B. Atterberg Limits: Liquid and plastic.limits (ASTM D4318) were determined for clayey soil samples collected from the borings. The test results are plotted on a plasticity chart included within Appendix B. Direct Shear Testing: NMG has performed direct shear strength tests (ASTM D3080) on relatively undisturbed ring samples collected from our borings. Direct shear testing was performed on materials that will be exposed during trench excavations and used to evaluate shoring pressures necessary for trench wall stability. Test results are included within Appendix B. • U-LINE MLINE 70 / / 60 / ol 50 / 24 / 0 40 z CH or H F � /y{WOL a 20 i / rM OH 10 7mot ML or L q z 00 16 20 40 60 60 100 120 • UGM UM N Symbol Boring Daptt1 Sw W* No.200 LL R USCS Downpnon Number (Teel) Number Stow(9d) O H-1 5.0 D-1 82 49 30 1 CL CLAY Mlh sand M H-6 1.0 B-1 63 42 26 CL Sandy CLAY • PLASTICITY CHART r Moacelle PAWW)dom PP JE=Na 04049-01 NMG C=twhkah Inc. T.m WNMA1 - Pd In'( l nP I- Prlr.Ir'1a . • BOULDERS COBBLES GRAVEL SAND SILT OR CLAY coarse fele coarse medium fine U.S.STANDARD SIEVE OPENING IN INCHES U.S.STANDARD SIEVE NUMBERS HYDROMETER 36 12 6 3 1.112 314 3/8 4 B 16 30 50 100 200 100 so I � 80 70 r � I C5 z 60 F 50LU j LU 1 40 30 i i 10 o t ' 1,000 100 10 1 0.1 0.01 0.001 PAFMCLESIZE (mm) Reid PaaNng Symbol Boring Sample Number NtffnbW (� MWstwe LL PI �Ih� CG Ce Slaw *A USCS O H-1 B.1 1.0 61 CL M H-6 6-1 1.0 42 26 63 CL A, H-5 0-3 10.0 10 141.71 1.14 10 GW-GC * H-5 D-4 15.0 5 14.53 2.11 5 GW/SW • PARTICLE SIZE DISTRIBUTION A10&Caft Resplendor PRWECT Na 0904901 NMG 02d!R�A Inc. Tampleb:NMSIV; PQ IP.OW00.01.GPJ; PrhRad:y2dm 140 Mmdmtsn Dry Density(pof) 122.0 OpNman MDWwe Content(%) 120 130 IN N Zero Air Voids Curves Gs =2.80 GS=2.70 120 Gs=2.80 US 110 w 0 • 100 90 EE-F-1#- E 800 5 10 15 20 25 30 MOMTUFE CWrEdT (%) Boring No.H-1 Sample No.B-1 Depth: 1.0 ft Semple Description: Sandy CLAY Ligtdd Lin* Plasticity hxlwc Percent Na 200 Sing 61 COMnwft 1557A • COMPACTION TEST RESULTS AFOINtaIM Rrsplendor MWM CT NO. 04049.01 NMG GRONchnical, Inc. MEN■■■►�■"I RIMIMMMMMMIN ■■■MEM■■W"a ■■■■■IMI■■■►\'�\► ■■■■MUME■■■\INIMERNIOMMMEME - Cll 11 MEMNON �\, ■■■►■■■■■■■■■\`iti. ■■■■MIME■■■■■■■■■■\\\\ ■■■■■MM■■■■■IMM■■■■MMS\\\. ■■EIMIMEIMIME■■■■■IME■IM■■■E■■■\\\\ ■M■E■EE■■■■IME■■E■■■■■■■■EIM■EN MEN ■E■IM■■■■IM■■■■■■■■■■■IME■IM■■■■■ Boring No.H-5 Sample No.B-1 Depth: „ MEMEIM■■■IMIMIM■■IMIM■E■■■■E■■■■IME■■ 1 ft PRIMEh: • 5,000 4,000 ° 3,000 z z W F V7 2,000 S N 1,000 • 0 0 1,000 2,000 3,000 4,000 5,000 6,000 NORMPL STRESS(Pat) Boring No.M-3 Semple No.D-1 Depth: 5.0 S Semple Descrydon: CLAY Perrino -Pw Uquld Limit:t: Plasticity inderc cL 220D0 SlaWve:M N0 Moisture 26.2 Dry Dusky(pcf): 99.9 100 Caneem Sample Type: Undisturbed Rete of Steer(kVmim): 0.005 SHEAR STRENGTH PARAMETERS Parameter Peak 9 tatimete o c otieam(psi) 750 600 Fftion^vie(degrees) 21.0 20.5 • DIRECT SHEAR TEST RESULTS A"'calle Resplandw PRWWrNa 04049-01 NMG Cvme-QhWcaL Inc, • 5,000 4,000 CL 3,000 z W 2,000 N 1,000 • 0 0 1,000 2,000 3,000 4,000 5,000 6,000 NORMAL STRESS(per Boring No.H-4 Sample No,D-1 Depth: 2.5 tt Su nple Dewiptket: CLAY with sand Liquid Ltmdt: Pleatkdty krlvc Percent Passing Na 200 SI 71 Moisture 20.6Dry Densky(pCf): 113.1an 100 OwlteriftSanple Type: Undisturbed Rete of Shoe'(kihT*L): 0.005 SHEAR STRENGTH PARAMETERS Parameter Peak a u ttlmae O Cohesion(psf) WA 200 RletW Angle(deliew) WA 35.0 DIRECT SHEAR TEST RESULTS AKWCalle RespWidor PROJECT NO, 04049-01 NMG Gepte-chnical. Inc. 17481 Damn Aw..SUM 100.Irvine.CA 92814 (999)281-1022 FAX")280-3297 3 1014 E.Coaay Or.,Sage A,Coon,CA 92324 (M)3704067 FAX(908)370-1048 9484 Cnawpeeke Dr Sudw 805,Sen Diego,CA 92123 (858)5054WO FAX(858)505-9889 • Dei Mar Analytical 9830825 Stet St,Saga B•120,phogm,,A2850N (480)798-38M FAX(480)795.0851 2520 E Sumo[fid.a3,Les Vega,NV 89120 (702)798J820 FAX(7021798-3621 ' -.>." �.m'.. -4,r^c.YiYS.v-,-.�'S'x3 ,..6rJm �«.'.w,._zssi*ax2. :➢CPS"°`--�ii`Y _ :,a'2::raa ..,• _ ._ LABORATORY REPORT Prepared For. NMG Geotechnical Project:04049-01 17991 Fitch Ave. Irvine,CA 92614 Attention:Steve Pitzer Sampled: 1024/05 Received: 11/14/05 Issued: 1123/05 14:19 NELAP#01108CA Celifomia ELAP#1197 CSDLAC#10117 The results listed within this Laboratory Report pertain only to the samples tested in the laboratory. The analyses contained in this report were performed in accordance with the applicable certyimHom as noted All soil sanpla ater reporredon awl weight basis unless otherwise noted in the report. 7hts Laboratory Report is confu6mlal and is intended for the sole use of Del Mar Analytical mrd its cllent. This report shall not be repradpoed escept m full,without wrgten permission from Del Mar Analytical The Chain of L stody, 1 page,is included ands an intggralpmt ofthis report. i This entre report was reviewed and approvedfar reteare ::-_s:.^- ._ v...,_�.cr ...,•,:-,...su.> v:s*.-�sss:::r_:u:n.:x:tsr�a•x. ss�.wi..a..�.s,-vs >> .^-�xa.��.-- ._x^.� � m.:..,,+n:.w.r.;o-. .,:. ...-.a�.� SAMPLE CROSS REFERENCE LABORATORY ID CLIENT ID MATRIX [OK1268-01 H-4/B-1@9-5' Soil • Reviewed By: Star Analytical,Irvine Kathleen A.Robb oject Manager IOX1268 <Page I f7> 17461 Dorian A".,Sub 100,Inrae,CA SN14 (949)287-1022 FAX(969)280-3297 1014 E Cooley Dr..Suite A,Cellon,CA 92326 (Will 370.4887 FAX(909)370-1046 9484 Chesapeake Dr.,Suite 806,San Diego,CA 92123 (858)5054598 FAX(858)505-9889 Del Mar Analytical 9939 South 51st St,Suite S•120,PhcenX AZ e5o44 (480)7854M FAX(480)785-0851 2520 E.Suns{Rd.a3,Las Va9m,W 89120 (702)795-3820 FAX(70Z)7983821 NMG Geotechnical Project ID: 04049-01 17991 Pitch Ave. Sampled: 10/24/05 Irvine,CA 92614 ReportNumber: IOKI268 Received: 11/14/05 Attention: Steve Pitzer INORGANICS Reporting Sample Dilution Date Date Data Analyte Method Batch Idmit Result Factor Extracted Analyzed Qualifiers Sample ID:I0KI26841 (H4/11-1@01-51-Soil) Reporting Unite: mg/kg .Ikalinity as C&CO3 EPA 310.1-MOD 5K14111 100 600 1 11/14/2005 11/14/2005 H3 Ammonia-N EPA 350.3 MOD. SK17086 5.0 ND 1 11/172005 11/17/2005 Chloride EPA 300.0 5K15072 5.0 120 0.995 11/152005 11/152005 Llfate EPA 300.0 5K15072 5.0 180 0.995 11/152005 11/152005 Sample 1D:10KI268-01 (H4/B-IQO'-51-Soil) Reporting Unite: ohmslcm resistivity EPA 120.1 MOD. 5KI5116 NA 1700 l 11/152005 11/152005 Sample Ht:IOK1268-01 (H-4B-l®0'-51-Soil) Reporting Units: pH Units EPA 9045C SK14114 NA 7.99 1 11/[42005 11/14/2005 H3 • Mar Analytical,Irvine Kathleen A. Robb "roject Manager The rend4 pertain only to thexampW msred 1n the/abmvtoq. Thu rrporlshol/not he reproduced. ecpt lnf8,withoul !0X7268 cpOe 2 0 n 17461 Dmtan Ava,Sune 100,Irvine,G 92514 1949)251.1022 FAX(949)280-3297 1014 E.Cooley Dr.,Suite A.Colon,G 92324 (909)370-WI FAX(900)3704046 Del Mar Analytical9484 p 9S Sub*b805,Son Diedo AZ 82123 (858)5058598 FAX(858)5054889 9830 South52 Stat St,Suit 8t%I PVe as,W 85044 (450)7854043 FAX(460)795-0851 .' 2820 E Suiaet Rd.a3.W Vegas,tN 88120 (702)7883820 FAX(702)798-N21 �MG Geotecbnical Project ID: 04049-01 117991 Fitch Ave. Sampled: 10/24/05 Irvine,CA 92614 ReportNumber: 10K1268 Received: 11/14/05 ttenbon: Steve Pitzer SHORT HOLD TIME DETAIL REPORT Hold Time DatclTlme Date/Tlme DateMme Date/Time (in days) Sampled Received Extracted Analyzed Sample ID:H-4/&1®0'-5'(I0K1268-0i)-Sall EPA 9045C 1 10/24/2005 17:00 11/14/2005 14:35 11/142005 19:00 11/142005 19:30 • oar Analytical,Irvine Kathleen A.Rabb Dject Manager The result/petro/n only w the same/a rated In the laboralorv. Thu report shall not he reproduced. except/n ju(l,withmrr rninen pamusionjrom Del Alardnalygea(. 10/0268 <Page 3 of 7> 17461 Delon Aft..SUM 100,IMM,CA 92814 0148)261-1022 FAX(949)MM97 1014 E.Cooley Or..Sd1e A Cdton,CA 82324 (009)3704687 FAX(9 0 91 3711-1046 9OUDel Mar Analytical cnace9s.ke0r,sdreo6,Sent 12%Ph Diego,AZ 850" (480)7850093 FAX(666)79S43W9 9630 9252 E, SL,et Rd&12q Phoeas.A2 87044 (480)7950013 FAX(400)797-0461 2720 E.StsleN Rd.83,5as Vegas,tN 89120 (702)79&3820 FAX(702)7983821 YMG Geotechnical Project ID: 04049-01 17991 Fitch Ave. Sampled: 10/24/05 Irvine,CA 92614 ReportNumber. IOK1268 Received: 11/14/05 Attention: Steve Pitzer METHOD BLANKfQC DATA INORGANICS Reporting Spike Source %REC RPD Dau Analyte Result Limit Units Level Result s/eREC Limits RPD Limit Qualifiers n tch•SK14111 Extracteda4MS — plicate Analyzed:11114!2005(SK14111-DUPI) Source:TOK0729-01 Alkalinity as CaCO3 475 100 mg/kg 500 5 20 rrtarence Analyzed:1 U142005(5K14111-SRM1) K .. alinity as CaCO3 532 4.0 mg/kg 538 99 94-105 t{itch:SK14114 Extracted:11/14/05 ..Uplicate Analyzed: 11/14/2005(SKI4114-DUPI) Source:IOK1267-01 PH 8.31 NA pH Units 8.28 0 5 4K15072 Extracted:11/15/05 MW Blank Analyzed:I1/15/2005(SK15072-BLKI) ,bride ND 5.0 mg(kg (tate ND 5.0 mg/kg LCS Analyzed:11/1512005(SK15072-BS1) lorido 48.3 5.0 mg/kg 50.0 97 90-110 Ifate 98.9 5.0 mg/kg 100 99 90110 Matrix Spike Analyzed:11/15/2005(SK15072-MSI) Source:IOK1304-01 donde 62.2 5.0 mg/kg 49.9 12 101 80.120 pfate 109 5.0 mg/kg 99.8 7.5 102 80-120 Matrix Spike Deep Analyzed: 11/152005(SK15072-MSDI) Source:TOK1304-01 loride 59.4 5.0 mg/kg 49.8 12 95 80-120 5 20 ifate 106 5.0 mghg 99.5 7.5 99 80120 3 20 aar Analytical, Irvine Kathleen A.Robb ^-oject Manager The MW I.p®raln only M the ramplw tweed.the luboml m 7hlr report shall no be mp'newced, crape btfau,eselraur wrtnen permiastorrjrom Ori MarMalytica[ 10K1268 <Page 4 of 7> 17461 Detlen Am.,Suite im,Irvine,G 92814(940)26i-IM FAX(sop)2803297 1014 E Cooly Dr.,Suite A Colon.CA 92324 (909)3704657 FAX(909)3701098 9484 Chesapeake Dr,War 805,Sen Dlepo,CA 92123 (am)lai"595 FAX(859)505.9998 • Del Mar Analytical 9830525th Statweet Rd.#3. AZ 85044 (480)795-0063 FAX(702)796-0851 2520 E.Sunset Rtl.N3,las Vepae,NV 88120(702)788-9820 FAX(702)7883821 VMG Geotechnical Project ID: 04049-01 17991 Fitch Ave. Sampled: 10/24/05 lrvine,CA92614 ReportNumber: I0K1268 Received: 11/14/05 " Attention: Steve Pitzer METHOD BLANK/QC DATA INORGANICS Rgmritng Spike Source %REC RPD Data Analyte Result Limit Unita Level Result %REC Limits RPD Limit Qualifiers Inch: CIS ct d: ..uplicate Analyzed:1 111 5120 05(SK1S116-DUPI) Source:IOK1151-01 Resistivity 18100 NA ohms/cm 18000 1 20 6ch:SK17086 Extracted:11/17/05 Blank Analyzed:11/17/2005(5K17086-BLKI) ' monia-N ND 5.0 mglag .. S Analyzed:11/17/2005(SK17086-BSI) Ammonia-N 19.7 5.0 mg/kg 20.0 98 85-115 W.Spike Analyzed:11/17/2005(SK17086-MSI) Source:I0K1267-01 a-N 18.0 5.0 mg/kg 20.0 ND 90 75-125 'Iatrh Spike Dup Analyzed:11/1712004(5K17086-MSDl) . Source:TOK1267-01 nmonia-N 17.1 5.0 mg/kg 20.0 ND 86 75-125 5 15 Mar Analytical,Irvine Kathleen A.Robb " oject Manager The letups pertoln only to the samples lamed to the lobonmg.. 7Misrepwtshall not be rep wAreed. except inlult without wriaen pemrustonitom Det hlarMolytkvl 10K1268 <Page 5 of 7> 17461 Dern Ave.,Sub 100,Woe,CA 82614 (949)251-1022 FAX(949)280.3297 1014 E.Cooley or.Suet A,Cclbn,CA 92324 (909)3704867 FAX(909)370-1048 C� 9484 Chesapeake Dr.,Suite 505,Sen Diego,CA 92123 (668)5058698 FAX(858)5058969 Del Mar Analytical 9930 South 51st SL,Sub S-120,PhoenR AZ 55044 (480)7850043 FAX(480)7850551 2520 E.Sunset RG.03,(as Ve9n.NV 89120 (702)798-36M FAX(702)798-3821 NMG Geotechnical Project ID: 04049-01 17991 Pitch Ave. Sampled 1=4105 Irvine,CA 92614 Report Number: IOK1268 Received: 11/14/05 ` Attention: Steve Pitzer DATA QUALIFIERS AND DEFINITIONS H3 Sample was received and analyzed past holding time. ND Analyte NOT DETECTED at or above the reporting limit or MDL,if MDL is specified. RPD Relative Percent Difference • •INar Analytical,Irvine Kathleen A.Robb ^-oject Manager The results pertain only b the sampler tatted in the laboratory. This report shall not be reproduced 8/�K/]69 <pe C 6 0f7> except infull,withW written permission from Del Ma Anolvtleal. 17461 Derkn Ave.,Suite 100,h-me,CA 92614(949)261-1022 FAX(849)280.3297 1014 E.Coo*Of.,Sulo A Calton,CA 92324(909)3704887 FAX(909)370-1048 Del Mar Analytical 9454 Chesapeake Or.,6a6e 805,San Phoenix, CA 92123 (858)306{508 FAX(a88505-0888 9630 South Stet St.,aWto 8-120.nVe9W,AZ 85014(400)7&50043 FAX(460)788-851 • 2520 E.3mreet Rd.iA,Lea Ve9n,NV 89120(702)798-3820 FAX(702)7963827 'YMG Geotechnical Project ID: 04049-01 7991 Fitch Ave. Sampled: 10/24/05 Irvine,CA 92614 Report Number. 1OK1266 Received: 11/14/05 Attention: Steve Pit ter Certiflcadou Summary Del Mar Analytical,Irvine Method Matrk Nelae Californls EPA 120.1 MOD. Soil N/A N/A EPA 300.0 Soil X X EPA 310.1-MOD Soil NIA N/A EPA 350.3 MOD. Soil NIA - NIA EPA 9045C Soil X X Nevada and NELAP provide analyte specific accreditadons- Analyte specific information for Del Mar Analytical maybe obtained by contacting the laboratory or visiting our wabsite at www.dmafabs.com. • tar Analytical,Irvine leen A.Robb '-7ject Manager The reavlfs permin only A,the sampla tested in the labomfory. 7hit reportsha8 rot be reproduced, utapt Info14 wvhout written permirslon from Def Mor Auatytieal. 1OK1268 <Page 7 of 7h — `r— IT051 Derien.Irvine.CA 92515 f90912811020902500299 <If ^� w /5 � fOp D,-- Si S C W CAV321 (909)]4350 T FAX(B09 I)W5 _lr �\V/ra K AA98W w lh 51 SL.SwI Boa SanA ni DA92f2]1B5U505'S595 FA%1B5/1785,W59 95b Sauln 51 a151.SuY BnTO.PlYena AZ 85010 (580)TB5001] FAX(1IAJ Ta5-0651 CHAIN OF CUSTODY FORM 2520E Suoel RS 13 LS3 Ve915.W 89120(T02)7W3M FAX VM 7980621 Client Name/Address; P.O.#: O 049.p, ANALYSIS REQUIRED NM4 (qCOTECtrNtcAcKI�L 1799i FiTeN Project: /hUq�1 ALtE )XVdAIC. 4:9 920.14 RESPe.ENJD�i. Project Manager/Phone Number: Phone Number: t- -STEVC 'PIT2ER 9W-9ya-744Z ? . 9"- "2- 24i{y SP�tzure r)rrl99eo� AA-C*M °� i %A (A Sampler: Fax Number: ¢ w Z Sr*v,c Pr!z"x �{9-`f76 -van le Sawnge Sample Cefgepler for SemWln9 Preaervallon Speelei Na9Wctiona Desai 'on Mah6c Conlakters D2MM -4/8-te W-s1 SOIL EA why Re" DatwTbw: ReoeiredBy Down": Tum MUIXITiIdiom) ^1 me:Same Day 72 Hour Rel ehed W Diane I Ime: Reoelved By Datamffw. 24 Hou. 5 days 48 hours nomlal ReAo UW%ad By Da1WTIMe: B Datanlma: Sample Intwft: (DI") IntedOn APPENDIX B Orange County Stormwater Program Construction Runoff Guidance Manual A f �S }j'! 1• P f u � Y �W 4%';" 4 ex - � aA r' t�aia a i '4 • Contents Section1 Introduction......................................................................................................1 1.1 Regulatory Background...................................................................................1 1.1.1 Orange County NPDES Permits.......................................................1 1.1.2 General Construction NPDES Permit...............................................2 1.1.3 Water Quality Ordinances................................................................2 1.1.4 Grading Ordinances..........................................................................2 1.2 Glossary............................................................................................................2 Section 2 Requirements of Construction Projects............................................................3 2.1 Applicability.....................................................................................................3 2.2 General Requirements......................................................................................4 2.3.1 Discharge Prohibitions on Construction Sites..................................5 2.3.2 BMP Implementation........................................................................5 Section 3 Best Management Practices(BMPs) for Construction Projects........................7 3.1 BMP Implementation Requirements...............................................................7 3.2 Minimum Requirements..................................................................................8 3.3 Site Management Requirements......................................................................8 3.4 Construction BMPs.........................................................................................10 3.4.1 Erosion Control...............................................................................10 3.4.2 Sediment Control............................................................................11 • 3.4.3 Waste Management.........................................................................13 3.4.4 Materials Management...................................................................13 3.4.5 Non-Stormwater Management.......................................................13 3.5 BMP Standard Plans.......................................................................................14 3.6 BMP References..............................................................................................14 Section 4 Documentation Requirements........................................................................15 4.1 Documentation Requirements for Construction Projects Subject to the General Construction Permit.........................................................................15 4.2 Documentation Requirements for Other Sites(<1 Acre)..............................16 Section 5 Municipa 1 Inspection of Construction Sites....................................................17 5.1 Prioritization of Construction Site Threat to Water Quality..........................17 5.2 Inspection Frequencies...................................................................................17 5.3 Inspection Responsibilities.............................................................................18 5.4 Enforcement Actions......................................................................................19 Glossary............................................................................................................................23 List of Tables Table 2-1 General Requirements for Construction Water Quality Management...4 Table 3-1 BMP Implementation Requirements for Construction Projects............... 7 Table 3-2 Minimum Requirements for All Construction Sites..................................8 Table 4-1 Documentation Requirements for Construction Projects.......................15 • Table 5-1 Minimum Inspection Frequency of Construction Projects.....................18 September 2006 Construction Runoff Guidance Manual i Orange County Stormwater Program (This Page left intentionally blank) • • Section 1 Introduction This Construction Runoff Guidance Manual (Manual) presents the construction requirements developed as part of the countywide Drainage Area Management Plan (DAMP) for compliance with the third term National Pollutant Discharge Elimination System (NPDES) municipal stonnwater permits issued by the Santa Ana(Order No. R8- 2002-0010, NPDES No. CAS618030) and San Diego (Order No. R9-2002-0001,NPDES No. CAS0108740) Regional Water Quality Control Boards (Regional Boards). This Manual additionally complements requirements in the County and City Water Quality Ordinances and Grading Ordinances. The information in this Manual is intended to assist applicants for building or grading permits to understand the water quality requirements during the construction phase of new development and significant redevelopment projects. The goal of this Manual and the program described in the DAMP is to control pollutant discharges from construction sites. Water from construction sites can be a major transporter of sediment and other pollutants. Activities and materials used on construction sites may be a source of pollutants.These include paints, lacquers, and primers; herbicides and pesticides; soaps and detergents;wood preservatives; equipment fuels,lubricants,coolants,and hydraulic fluids; and cleaning solvents. • 'These pollutants can leak from heavy equipment, be spilled, or can be eroded by rain from exposed soil or stockpiles. Once released,they can be transported into the receiving waters of Orange County,where they may become available to enter aquatic food chains,cause fish toxicity problems,contribute to algal blooms, impair recreational uses, and degrade drinking water sources. 1.1 Regulatory Background Various permits and ordinances have been adopted to address water quality impacts from urban and construction site runoff. Summarized below are the relevant regulations and their applicability to construction sites. 1.1.1 Orange County NPDES Permits In early 2002,the San Diego and Santa Ana Regional Boards issued NPDES permits that regulate stormwater discharge from municipal storm drain systems. The permits require the County and cities to implement a program to eliminate significant pollutant discharges from construction activities by requiring the implementation of appropriate Best Management Practices (BMPs) on all construction sites. BMPs are activities, practices,procedures, or devices implemented to avoid,prevent or reduce pollution of the municipal storm drain system and receiving waters. • September 2006 Construction Runoff Guidance Manual 1 Orange County Stormwater Program Section 1 Introduction • 1.1.2 General Construction NPDES Permit In 1999,the State Water Resources Control Board adopted Order No.,99-08-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002, Waste Discharge Requirements (WDRs)for Discharges of Stormwater Runoff Associated with Construction Activity (General Construction Permit). This permit was subsequently amended to include smaller construction sites. The General Construction Permit requires that construction sites with 1 acre or greater of soil disturbance or less than 1 acre but part of a greater common plan of development apply for coverage for discharges under the General Construction Permit by submitting a Notice of Intent (NOI) for coverage, developing a stormwater pollution prevention plan (SWPPP), and implementing Best Management Practices (BMPs)to address construction site pollutants. The County's and Cities' construction site requirements are coordinated with,but separate from the General Construction Permit. The General Construction Permit applies regardless of whether a construction site discharges directly to receiving waters or to a municipal storm drain system. Inspections of construction sites by County/Cities or by Regional Board staff are separate and carry different enforcement actions/mechanisms. 1.1.3 Water Quality Ordinances The County and Cities in Orange County have adopted Water Quality Ordinances. The • purpose of the Ordinances is the improvement of water quality and compliance with NPDES permit requirements for the control of urban pollutants. The ordinances prohibit non-stormwater discharges to the municipal storm drain system unless covered by the discharge exceptions and require that pollutants in stormwater be reduced to the maximum extent practicable using BMPs. The Ordinances require that potential pollution causing activities comply with the requirements in the DAMP. The Ordinances further provide a legal mechanism for enforcement actions to be taken. 1.1.4 Grading Ordinances Municipal Grading Ordinances set the rules and regulations for grading operations including operations preparatory to grading on private property. In addition to other requirements,the Ordinances require that a project owner,developer or contractor prepare erosion control plans (ECPs), obtain a grading permit,and implement and maintain erosion and sediment control BMPs. The Ordinances additionally describe County/City inspection and legal enforcement mechanisms. 1.2 Glossary A glossary of key terms used in this Manual is included at the end of the document. • Construction Runoff Guidance Manual September 2006 Orange County Stormwater Program 2 Section 2 Requirements of Construction Projects 2.1 Applicability All construction project proponents are responsible for implementing BMPs to assure compliance with the Water Quality Ordinance and,where applicable, the Grading Ordinance. A construction project for the purposes of these requirements is any site for which building or grading permits are issued and where an activity results in the disturbance of soil such as soil movement, grading,excavation, clearing, road construction, structure construction, or structure demolition; and sites where uncovered storage (stockpiling) of materials and wastes such as dirt, sand or fertilizer occurs; or exterior mixing of cementaceous products such as concrete, mortar or stucco will occur. The DAMP establishes a tiered BMP implementation system as a requirement of building and grading permits during the construction process. This system identifies minimum BMP requirements that must be implemented by the responsible parties for construction projects. Responsible parties include the owner of the construction property, the construction contractor, and any other individual or entity performing construction activities. Projects that do not meet the definition of a construction project described above are • exempt from the minimum BMP requirements. Examples of projects that might be considered exempt would be similar to the following. r Interior Remodeling P Mechanical Permit Work r Electrical Permit Work a Tenant Improvements M Signs a Changes of Use within an Existing Building a Temporary Mobile Home and Trailer Permits s Minor Permits Accessory to an Existing Building(such as patio covers and dec ks). Exemption from the minimum BMP requirements does not relieve the project owner or contractor from adhering to the basic discharge prohibitions identified in the Water Quality and Grading Ordinances(see Section 2.3.1). • September 2006 Construction Runoff Guidance Manual 3 Orange County Stormwater Program Section 2 Requirements of Construction Projects • 2.2 General Requirements Construction projects are required to comply with two interrelated sets of municipal directives with respect to water quality management: (1) compliance with applicable discharge prohibition requirements set forth in the Water Quality Ordinance to prevent unauthorized non-stormwater discharges, and (2) implementation of BMPs to the maximum extent practicable,in accordance with the DAMP and local agency requirements, to reduce contaminants in stormwater discharges. In addition, construction projects that involve 1 acre or greater of soil disturbance must comply with the General Construction Permit. The discharge prohibitions and BMP requirements are consistent with and complementary to the requirements of the General Construction Permit. Therefore,compliance with the State's General Construction permit will typically lead to compliance with the County/Cities' BMP implementation requirements. However, the County or Cities may require Erosion Control Plans (ECPs) showing all BMPs for construction, even when a proj ect disturbs less than 1 acre of soil and is not covered by the General. Construction Permit(i.e., not a part of a larger common plan of development). Table 2-1 shows the general requirements and expectations for construction projects based on size of land disturbance. Table 2-1 • General Requirements for Construction Water Quality Management Project Description Water Quality Requirements ■ Apply for local grading or building permit ■ Comply with grading or building permit and local ordinances ■ Submit Notice of Intent (NOI) for General Construction Permit Construction Coverage to SWRCB Projects 2 1 Acre ■ Prepare a SWPPP Soil Disturbance ■ Implement SWPPP ■ Implement BMPs as required by the County/Cities and the General Construction Permit ■ Submit General Construction Permit Notice of Termination (NOT) to Regional Board at project conclusion ther rojects ■ Apply for local grading or building permit OP ■ Comply with grading or building permit and local ordinances ■ Implement BMPs as required by the County/Cities • Construction Runoff Guidance Manual September 2006 Orange County Stormwater Program 4 Section 2 Requirements of Construction Projects • 2.3.1 Discharge Prohibitions on Construction Sites Without exception, discharges of stormwater from a construction site to the municipal storm drain system or receiving waters are prohibited if the discharge contains pollutants that have not been reduced to the maximum extent practicable through the implementation of BMPs. In general, construction activities require the implementation of a combination of BMPs to control erosion and sediment transport,and pollutants from materials and waste management storage and activities. Non-stormwater discharges from a construction site to the municipal storm drain system or receiving waters are prohibited. Exceptions to prohibitions of non-stormwater discharges include (a full list is available in the Water Quality Ordinance): ■ Discharges composed entirely of stormwater, or ■ Discharges for which the discharger has reduced to the maximum extent practicable the amount of pollutants through implementation of BMPs, or ■ Discharges from certain activities that may be present on a construction site including landscape irrigation,diverted stream flows,rising groundwater and de minimis groundwater infiltration to the municipal storm drain system, passive foundation drains,and flows from riparian habitats and wetlands. • 2.3.2 BMP Implementation Construction project owners, developers,or contractors must implement the BMP requirements in the DAMP or equivalent measures, methods, or practices. Proper selection of BMPs depends on numerous factors that are specific to individual sites and activities, and therefore the DAMP does not advocate or require the use of particular practices unless the County/City determines that BMPs implemented by the project proponent are not adequate to prevent discharges of pollutants. In that case, implementation of specific BMPs, additional BMPs, and/or other controls may be required. BMPs are described more fully in Section 3. • September 2006 Construction Runoff Guidance Manual 5 Orange County Stormwater Program (This Page left intentionally blank) • • Section 3 • Best Management Practices (BMPs) for Construction Projects This section presents construction stormwater management requirements and required temporary construction site BMPs. Permanent post-construction BMPs are not addressed in this document. These requirements can be found in the Model Water Quality Management Plan (WQMP),Exhibit 7.II in Section 7 of the DAMP. 3.1 BMP Implementation Requirements All construction projects must implement BMPs to prevent or reduce pollutant discharges into the municipal storm drain system or receiving waters. The implementation requirements depend on size of disturbed soil area,and in the Santa Ana Permit area, proximity to Areas of Special Biological Significance (ASBS-see Glossary). Based on the size of disturbed soil area and location of construction sites, two categories of BMP implementation have been identified'. These categories are described in Table 3- 1 and correspond to priorities that the County and Cities assign to construction sites as discussed further in Section 5.1. • Table 3-1 BMP Im lementation Re uirements for Construction Pro'ects Site Area Priority BMP Requirements Total Disturbed Soil Area<1 ■ Meet minimum requirements(Section 3.2) Acre(except as noted below) Low ■ Implement all appropriate Construction BMPs (Section 3.4) Total Disturbed Soil Area 11 Medium ■ Meet minimum requirements(Section 3.2) Acres(covered by General Permit) ■ Implement Site Management Requirements OR (Section 3.3) Within the Santa Ana Regional Board jurisdiction where the ■ Implement all appropriate Construction BMPs total Disturbed Soil Area is<1 High (Section 3A) Acre and tributary to and/or within 500 feet of an ASBS ■ Comply with General Construction Permit (except if<1 Acre) • I The County or Cities may elect to require specific minimum BMPs for each prioritization category. September 2006 Construction Runoff Guidance Manual 7 Orange County Stormwater Program Section 3 Best Management Practices(BMPs)for Construction Projects • 3.2 Minimum Requirements All construction projects regardless of size are required,at a minimum,to implement an effective combination of erosion and sediment controls and waste and materials management BMPs. These minimum requirements are summarized in Table 3-2 and must be conveyed to construction contractors as part of the plan notes or on a separate erosion control plan as required by the agency. Table 3.2 Minimum Requirements for All Construction Sites Category Minimum Requirements Sediments from areas disturbed by construction shall be retained on site using an effective combination of erosion Erosion and Sediment Control and sediment controls to the maximum extent practicable and stockpiles of soil shall be properly contained to minimize sediment transport from the site to streets, drainage facilities or adjacent properties via runoff, vehicle tracking, or wind. Waste and Materials Construction-related materials, wastes, spills or residues Management Control shall be retained on site to minimize transport from the • site to streets, drainage facilities, or adjoining property by wind or runoff. BMPs that may be used to meet the minimum requirements are described later in this Section. 3.3 Site Management Requirements The following requirements are for deployment of selected construction BMPs and apply to all projects with one acre or greater of soil disturbance and projects tributary to or within 500 feet of an ASBS within the Santa Ana Regional Board jurisdiction with less than 1 acre of soil disturbance. BMPs that may be used to meet the site management requirements are described later in this Section. Dry Season Requirements (May 1 through September 30) A. Wind erosion BMPs (dust control) shall be implemented. B. Sediment control BMPs shall be installed and maintained at all operational storm drain inlets internal to the project. C. BMPs to control off-site sediment tracking shall be implemented and maintained. • Construction Runoff Guidance Manual September 2006 Orange County Stormwater Program 8 Section 3 Best Management Practices(BMPs)for Construction Projects • D. Appropriate waste management and materials pollution control BMPs shall be implemented to prevent the contamination of stormwater by wastes and construction materials. E. Appropriate non-stormwater BMPs shall be implemented to reduce or prevent the contamination of stormwater from construction activities. F. There shall be a "weather triggered" action plan and the ability to deploy standby sediment control BMPs as needed to protect all exposed portions of the site within 48 hours of a predicted storm event (a predicted storm event is defined as a National Weather Service forecasted,50% chance of rain). G. Sufficient materials needed to install standby sediment control BMPs(at the site perimeter, site slopes, and operational inlets within the site) necessary to reduce or prevent sediment discharges from exposed portions of the site shall be stored on site. Areas that have already been protected from erosion using physical stabilization or established vegetation stabilization BMPs as described in item H below are not considered"exposed" for purposes of this requirement. H. Deployment of permanent erosion control BMPs (physical or vegetation) should commence as soon as practical on slopes that are completed for any portion of the site. Standby BMP materials should not be relied upon to prevent erosion of • slopes that have been completed. Wet Season Requirements (October 1 through April 30) In addition to the Dry Season Requirements: A. Sediment control BMPs shall be implemented at all appropriate locations along the site perimeter,at all operational storm drain inlets and at all non-active slopes, to provide sufficient protection for storms likely to occur during the rainy season. B. Adequate physical or vegetation erosion control BMPs (temporary or permanent) shall be installed and established for all completed slopes prior to the start of the rainy season. These BMPs must be maintained throughout the rainy season. If a selected BMP fails,it must be repaired and improved, or replaced with an acceptable alternate as soon as it is safe to do so. Repairs or replacements must result in an adequate BMP or additional BMPs should be installed to provide adequate protection. C. The amount of exposed soil allowed at one time shall not exceed that which can be adequately protected by deploying standby erosion control and sediment control BMPs prior to a predicted rainstorm. D. All disturbed areas that are not completed but that are not being actively graded • (non-active area) shall be protected from erosion with temporary or permanent September 2006 Construction Runoff Guidance Manual 9 Orange County Stormwater Program Section 3 Best Management Practices(BMPs)for Construction Projects • BMPs (erosion and sediment control). The ability to deploy standby BMP materials is not sufficient for these areas. Erosion and sediment control BMPs must actually be deployed. This includes all building pads,unfinished roads and slopes. E. Sufficient materials needed to install standby erosion and sediment control BMPs necessary to protect all exposed portions of the site from erosion and to reduce or prevent sediment discharges shall be stored on site. Areas that have already been protected from erosion using permanent physical stabilization or established vegetation stabilization BMPs are not considered "exposed" for purposes of this requirement. 3.4 Construction BMPs In order to meet the minimum requirements for all projects and the site management requirements for medium and high priority projects,construction contractors must select, install, and maintain appropriate BMPs on all construction projects. BMPs must be installed in accordance with an industry recommended standard or in accordance with the General Construction Permit. BMPs are tools that are used to ensure sites meet the requirements outlined above. Selection of BMPs is a site-specific process and as such, no specific type or number of BMPs is requiredz. Described below are the construction BMPs from the California Stormwater Best • Management Practice Handbook,Construction,2003 Edition (see Section 3.6 for further information). The Handbook contains BMP fact sheets for six major categories of BMPs and guidelines on how to select erosion and sediment controls as well as material and waste management controls. These categories of BMPs and their applicability are discussed below. ■ Erosion Control ■ Sediment Control ■ Wind Erosion Control ■ Tracking Control ■ Non-Stormwater Management ■ Waste Management &Materials Pollution Control 3.4.1 Erosion Control Erosion Control is any source control practice that protects the soil surface and prevents the soil particles from being detached by rainfall or wind. One or more of the following • 2 The County or Cities may elect to require specific minimum BMPs for each prioritization category. Construction Runoff Guidance Manual September 2006 Orange County Stormwater Program 10 Section 3 Best Management Practices(BMPs)for Construction Projects • physical and/or vegetation stabilization BMPs, are required to prevent or reduce, to the maximum extent practicable, erosion from exposed slopes. Physical Stabilization: If physical stabilization is selected,materials must be appropriate to the circumstances in which they are deployed, and sufficient material must be deployed. Chemicals that may affect water quality should not be used. EC-3 Hydraulic Mulch EC 4 Hydroseeding EC-5 Soil Binders EC-6 Straw Mulch EC-7 Geotextiles &Mats Vegetation Stabilization: If vegetative stabilization is selected, the stabilizing vegetation must be installed, irrigated and established prior to the onset of the stone season (October 1). Established vegetation is defined as a subsurface mat of intertwined mature roots with a uniform vegetative coverage of 70 percent of the natural vegetative coverage or more on disturbed areas. In the event stabilizing vegetation has not been established by October 1, other forms of physical stabilization must be employed to prevent erosion during • storm events until the stabilizing vegetation is established. EC-4 Hydroseeding(to establish interim vegetation) Wind Erosion (Dust) Control: Apply water or other dust palliatives as necessary to prevent or alleviate dust nuisance: WE-1 Wind Erosion Control 3.4.2 Sediment Control Sediment Control is any practice that traps the soil particles after they have been detached and moved by wind or water. Sediment control measures are usually passive systems that rely on filtering or settling the particles out of the water or wind that is transporting them. Perimeter Protection: Protect the perimeter of the site or exposed area from sediment ingress/discharge in sheet flows using one or more of the following: SE-1 Silt Fence SE-5 Fiber Rolls • SE-6 Gravel Bag Berm September 2006 Construction Runoff Guidance Manual 11 Orange County Stormwater Program Section 3 Best Management Practices(BMPs)for Construction Projects • SE-8 Sand Bag Barrier SE-9 Straw Bale Barrier Storm Drain Inlet Protection: Protect all operational storm drain inlets internal to the project by using: SE-10 Storm Drain Inlet Protection Resource Protection: Protect Environmentally Sensitive Areas (ESAs) and watercourses from sediment in sheet flows by using one or more of the following: SE-1 Silt Fence SE-5 Fiber Rolls SE-6 Gravel Bag Berm SE-8 Sand Bag Barrier SE-9 Straw Bale Barrier Sediment Capture: Capture sediments in channeled stormwater by using one or more of the following: • SE-3 Sediment Trap SE-10 Storm Drain Inlet Protection SE-2 Sediment Basin (Sediment Basin(s) must be designed in accordance with the General Permit or other industry standard). Velocity Reduction: Reduce the discharge velocity of stormwater by using one or more of the following: SE-1 Silt Fence S&4 Check Dam SE-2 Sediment Basin EC-10 Outlet Protection/Velocity Dissipation Devices Off-site Sediment Tracking: Reduce or prevent sediment from being tracked off-site by using one or more of the following: TC-1 Stabilized Construction Entrance/Exit TC-2 Construction Road Stabilization TC-3 Entrance/Outlet Tire Wash • Construction Runoff Guidance Manual September 2006 Orange County Stormwater Program 12 Section 3 Best Management Practices(BMPs)for Construction Projects • 3.4.3 Waste Management Reduce or prevent the contamination of stormwater by wastes through proper management of the following types of wastes: ■ Solid ■ Sanitary ■ Concrete ■ Hazardous ■ Equipment-related wastes BMPs that must be implemented for handling,storing,and disposing of wastes generated by a construction project to reduce or prevent the release of waste materials into stormwater discharges include: WM-4 Spill Prevention and Control WM-5 Solid Waste Management WM-6 Hazardous Waste Management WM-7 Contaminated Soil Management • WM-8 Concrete Waste management WM-9 Sanitary/Septic Waste Management WM-10 Liquid. Waste Management NS-8 Vehicle and Equipment Cleaning NS-9 Vehicle and Equipment Fueling NS-10 Vehicle and Equipment Maintenance 3.4.4 Materials Management Reduce or prevent the contamination of stormwater from construction materials by covering and/or providing secondary containment of storage areas and/or by taking adequate precautions when handling materials. BMPs to implement for handling, storing,and using construction materials to prevent the release of those materials into stormwater discharges are: WM-1 Material Delivery and Storage WM-2 Material Use WM-3 Stockpile Management 3.4.5 Non-Stormwater Management Non-stormwater management BMPs limit or reduce potential pollutants at their source • before they are exposed to stormwater. These BMPs are also referred to as-good housekeeping practices' that involve day-to-day operations of the construction site and September 2006 Construction Runoff Guidance Manual 13 Orange County Stormwater Program Section 3 Best Management Practices(BMPs)for Construction Projects • are usually under the control of the contractor. BMPs to implement for non-stormwater management, depending on the conditions and/or applicability of deployment are: NS-1 Water Conservation Practices NS-2 Dewatering Operations NS-3 Paving and Grinding Operations NS-4 Temporary Stream Crossing NS-5 Clear Water Diversion NS-6 Illicit Connection/ Discharge NS-7 Potable Water/Irrigation NS-8 Vehicle and Equipment Cleaning NS-9 Vehicle and Equipment Fueling NS-10 Vehicle and Equipment Maintenance NS-11 Pile Driving Operations NS-12 Concrete Curing NS-13 Concrete Finishing NS-14 Materials and Equipment Use Over Water NS-15 Demolition/ Adjacent to Water NS-16 Temporary Batch Plants • 3.5 BMP Standard Plans Accepted standard plans that may be used for construction BMPs are found in the Orange County Environmental Management Agency (now RDMD)Standard Plans,1996 Edition. This includes the following BMPs standard plans: Sandbag Velocity Reducer (No. 1328) and Temporary Drainage Inlet (No. 1330). These standard plans have been included at the end of this document 3.6 BMP References The primary reference for construction,implementation,and maintenance of construction BMPs is the California Stormwater Best Management Practice Handbook - Construction. This handbook has been recently revised and the latest version can be purchased or downloaded from http://www.cabmRhandbooks.com. • Construction Runoff Guidance Manual September 2006 Orange County Stonnwater Program 14 Section 4 Documentation Requirements This section presents documentation requirements for construction projects. The documentation requirements are summarized below in Table 4-1. Table 4-1 Documentation Requirements for Construction Projects Site Area Documentation Requirement Total Disturbed Soil Area • BMPs to meet Minimum Requirements as Standard < 1 Acre Conditions in Grading or Building Permit, or as Plan Notes (Erosion Control Plan at the discretion of the County/City) ■ Proof of Submittal of NOI ■ Storrnwater Pollution Prevention Plan (SWPPP) Total Disturbed Soil Area ? 1 Acres (covered by • Erosion Control Plans (ECPs) meeting Minimum General Construction Requirements and Site Management Requirements Permit) • ■ BMPs to meet Minimum Requirements and Site Management Requirements as Standard Conditions or Plan Notes (if no Grading Permit) 4.1 Documentation Requirements for Construction Projects Subject to the General Construction Permit The following describe the process to be followed for a private construction project that is subject to the General Construction Permit(1 acre or greater of soil disturbance or less than 1 acre but part of a greater common plan of development): ■ The project owner, developer,or contractor is responsible for preparing the Notice of Intent (NOI) and submitting it to the State Water Resources Control Board. Before receiving a grading or building permit,the project owner, developer, or contractor must submit to the County/City proof of submittal for General Construction Permit coverage. ■ For grading permit projects, an Erosion Control Plan must be submitted in accordance with the County/City grading ordinance. ■ Prior to the start of construction, a SWPPP meeting the requirements of the General Construction Permit must be prepared by the owner, developer, or contractor. The • SWPPP must be implemented year-round throughout the duration of the project's September 2006 Construction Runoff Guidance Manual 15 Orange County Stormwater Program Section 4 Documentation Requirements . construction. A SWPPP Template is available for download from hthi://cabmphandbooks.com. It is important to note that the County/City and its staff are not responsible for reviewing, approving,or enforcing the SWPPP;these are responsibilities of the Santa Ana or San Diego Regional Boards and their staffs. County/City Inspector(s) may choose to use the SWPPP as an informal tool for on- site inspections; thus, the SWPPP must be made available upon the inspector's request. ■ Once the project owner,developer, or contractor receives a grading or building permit (if applicable) and initiates construction,BMPs must be implemented throughout the duration of the project as specified in Table 3.1. ■ To comply with the General Construction Permit, the contractor must perform inspections before and after stonn events and once each 24-hour period during extended storm events to identify BMP effectiveness and implement repairs or design changes as soon as feasible depending upon field conditions. The results of all inspections and assessments must be documented and copies of the completed inspection checklists must be maintained with the SWPPP. ■ The County/City will inspect and enforce issued and applicable ordinances as noted in Section 5,including implementation of BMPs as specified in Table 3.1, The County/City will notify the appropriate Regional Board of non-compliance when • the non-compliance meets the criteria of posing a threat to human or environmental health. ■ Once project construction is completed and the site fully complies with the final stabilization requirements of the General Construction Permit, the owner/developer will submit a Notice of Termination (NOT) to the State Water Resources Control Board. 4.2 Documentation Requirements for Other Sites (< 1 Acre) Private construction projects disturbing< 1 acre of soil must implement BMPs to comply with minimum requirements listed in Table 3-2. Projects covered under a grading permit are required to develop Erosion Control Plans (ECPs), These ECPs must show proposed locations of the erosion control BMPs that will be implemented during the construction. If the project is tributary to or within 500 feet of an ASBS in the Santa Ana Regional Board region, site management requirements (Section 3.3) shall also apply. • Construction Runoff Guidance Manual September 2006 Orange County Stormwater Program 16 Section 5 Municipal Inspection of Construction Sites The County/City will perform inspections of construction sites to verify that the requirements of the DAMP are being implemented and maintained,and that construction sites appropriately comply with requirements of local permits (building, grading, NPDES, etc.) and Ordinances (Grading,Water Quality,and others) as detailed in this Manual and as augmented by the local agency, and that they continue to protect water quality. 5.1 Prioritization of Construction Site Threat to Water Quality The County/City will evaluate the potential threat to water quality posed by the construction activity and assign a threat priority of low, medium,or high. Based on the threat of prioritization the County/City will set an inspection frequency to ensure that BMPs are adequate, are being implemented and maintained properly,and that no discharge violations are occurring. Factors considered in the threat prioritization include: ■ Size and type of the construction project • ■ Time of Construction -rainy season (October 1 -April 30) versus dry season ■ Location-tributary to an impaired waterway or near an ASBS or ESA ■ Site topography 5.2 Inspection Frequencies Construction sites will be inspected, according to the priority established by the County/City,until construction activity is complete. The minimum frequency of construction site inspections is shown in Table 34: • September 2006 Construction Runoff Guidance Manual 17 Orange County Stormwater Program Section 5 Municipal Inspection of Construction Sites • Table 5-1 Minimum Inspection Frequency of Construction Projects Rainy Season (October 1 -April 30) Construction Site Dry Season Projects within the (May 1-September Priority jurisdiction of the Projects within the 30 Santa Ana Regional Jurisdiction the San ) Diego Regional Board Board High Once per month Once per week ` As needed Medium Twice during the season As needed Low Once during the Twice during the As needed season season Or monthly if the County/City has submitted a written statement to the San Diego Regional Board • 5.3 Inspection Responsibilities At a minimum,the following will be addressed during inspections: ■ Ensure that the owner/developer/contractor is meeting the construction program requirements of the DAMP; ■ Ensure that there is an effective combination of erosion,sediment, and material and waste management BMPs being implemented and maintained in order to reduce or prevent the discharge of pollutants into stormwater conveyances and receiving waters; ■ Ensure that the owner/developer/contractor implements and maintains appropriate BMPs on a year round basis; ■ Ensure no discharge violations (excessive sediment, oil sheen,trash, etc.) are occurring or pose a reasonable threat of occurring; ■ Ensure that,if issues are noted during the inspections,appropriate corrective actions are taken. The primary mechanism that inspectors will use to determine if the minimum requirements and BMPs for construction activities are being met will be to assess the site against the minimum requirements (Table 3-2) and the approved plans. The minimum • Construction Runoff Guidance Manual September 2006 Orange County Stormwater Program 18 Section 5 Municipal Inspection of Construction Sites • requirements are intended to be easy to interpret field observations that allow an assessment of site conditions during both dry and wet season conditions. The inspector will utilize the following framework when conducting an inspection: ■ Review contractor's self-inspection checklist to determine whether minimum self- inspections have been performed; ■ Review the applicable County/City required erosion and sediment control plans and contract documents and determine whether they are being properly implemented; ■ Determine if BMPs are being effectively implemented in accordance with the approved plans and suggested list of BMPs, and are maintained properly; ■ Determine whether the owner/developer/contractor is making appropriate adjustments when ineffective BMPs are found;and ■ Determine if discharges are occurring from the site or are flowing into onsite storm drain inlets and determine if such discharges are prohibited. If a discharge violation is observed,or if BMPs are either not implemented or not being maintained properly,enforcement actions may be imposed. If the inspected site does not meet the minimum requirements,inspectors will follow-up within a reasonable • period to assure that all applicable requirements are implemented. 5.4 Enforcement Actions The County/City inspectors and/or other staff who possess internal enforcement authority through established policies and procedures will undertake enforcement of construction projects. Inspectors will enforce compliance with the construction program, grading or building permit,and local ordinances such as the Water Quality Ordinance. The inspectors will document violations observed. If an inspector observes a significant and/or immediate threat to water quality, action will be taken to require the developer/contractor to immediately cease the discharge and the County/City will be obligated to forward this information to the Regional Water Quality Control Board for review of additional enforcement action or remediation requirements. The County/City enforcement steps that may be taken by inspectors include but are not limited to: ■ Verbal Warning ■ Written Actions under the Water Quality Ordinance Notice of Non-Compliance September 2006 Construction Runoff Guidance Manual 19 Orange County Stormwater Program Section 5 Municipal Inspection of Construction Sites • Administrative Compliance Order • Administrative Citations or Fines • Cease and Desist Order • Civil and Criminal Actions ■ Written Actions under Building/Grading Ordinances • Corrective Action Notice • Stop Work Order • Revocation of Permit(s) and/or Denial of Future Permits • Civil and Criminal Actions In selecting enforcement options, the inspector will normally apply similar enforcement actions to violations of a similar nature. However, a more severe enforcement action may be taken when a violator has either a history of non-compliance or has failed to take good faith actions to eliminate continued violations. If egregious or unusual circumstances are indicated, a higher level of enforcement action will be taken. Verbal Warnings: Typically, the initial method of requesting corrective action and enforcing compliance • will be a verbal warning from the inspector to the contractor. The inspector will notify the developer/contractor's project supervisor of the violation and document the violation and the notification to the contractors project supervisor in the inspection file. A specific time frame for correcting the problem and a follow-up inspection date will be documented by the inspector. In judging the degree of severity,the inspector may also take into account any history of similar or repeated violations by the same developer or contractor at this or other sites. Written Warnings: If a deficiency that was noted in a prior verbal warning is not corrected by the next inspection, or the severity of the violation is such that a verbal wanting is not strong enough,a written warning will be issued. The written warning will describe the deficiency that is to be corrected, suggested corrective action(s),the specific time frame for correction, and a date for a follow-up inspection. A copy of the written warning will be provided to the contractors project supervisor and another copy may be provided to the owner/developer. A copy will be placed in the active inspection file. Once the violation has been corrected to the satisfaction of the inspector, the inspector will document compliance in the inspection file. Depending on the severity of the violation(s), the options for issuing written warnings for enforcement of local ordinances and grading/building permits on private construction projects may vary. Written warnings include, but are not limited to,Notice of Non-Compliance, • Administrative Compliance Order,Administrative Citations or Fines,and Cease and Desist Order. Construction Runoff Guidance Manual September 2006 Orange County Stormwater Program 20 Section 5 Municipal Inspection of Construction Sites • Stop Work Orders: If a written warning has not been addressed by the next inspection, or if the developer/contractor has not complied with their permit requirements, or if a significant threat to water quality is observed (such as a failure of BMPs resulting in a significant release of sediment or other pollutants off site),a stop work order will be issued by the inspector or the appropriate official. Stop work orders prohibit further construction activity until the problem is resolved and provide a time frame for correcting the problem. The stop work order will describe the infraction and specify what corrective action must be taken. A copy of the stop work order will be given to the contractors project supervisor and placed in the active inspection file. A copy of the stop work order will also be sent to the owner/developer, To restart work once a stop work order has been issued, the contractor's project supervisor must request the inspector to re-inspect the project and verify that the deficiencies have been satisfactorily corrected. If the inspector is satisfied with the corrections, the inspector may sign off on that phase of the project, and work may proceed. In severe cases, the building or grading permit may be revoked. Revocation of Permit(s) and/or Denial of Future Permits: In severe cases of noncompliance or significant discharges, it may be necessary to revoke the grading and/or building permit that a developer/contractor is working • under,withhold final approval, or deny future permits on the project. The developer/contractor would then have to re-apply for permits and meet any requirements that the County/City may place on the project. Civil and Criminal Actions: In severe cases, the County/City may also use Civil and or Criminal court actions under local ordinances,such as the Water Quality Ordinance,which may result in significant fines levied upon the non-compliant responsible parties. • September 2006 Construction Runoff Guidance Manual 21 Orange County Stormwater Program (This Page left intentionally blank) • • • Glossary The following definitions are important in understanding the County/City's construction stormwater protection program. ASBS -Area of Special Biological Significance. The Water Quality Control Plan for Ocean Waters of California (California.Ocean Plan) designates 35 Areas of Special Biological Significance, two of which lie within the Santa Ana Regional Board jurisdiction: ■ Newport Beach Marine Life Refuge (HU801.110) ■ Irvine Coast Marine Life Refuge(HU801.110) BMP - Best Management Practices (BMPs) are activities, practices, procedures, or facilities implemented to avoid,prevent, or reduce pollution of the stormwater system and receiving waters. Construction Project-any site for which building or grading permits are issued and where an activity results in the disturbance of soil such as soil movement, grading, excavation,clearing,road construction, structure construction, or structure demolition; and sites where uncovered storage of materials and wastes such as dirt,sand,or • fertilizer occurs; or exterior mixing of cementaceous products such as concrete, mortar, or stucco will occur. Demolition -an activity involving the demolishing or the destruction of a structure, facilities,or associated appurtenances. Erosion Control-the activity of reducing or eliminating erosion (the wearing away of the ground surface as a result of the movement of wind,water,and/or ice) by using a combination of Best Management Practices to protect adjacent private property, watercourses, public facilities,and receiving waters from an abnormal deposition of sediment or dust. Erosion Control Plan - A plan (including drawings, specifications, or other requirements) detailing the methods of implementing an erosion control system. Discharge - the release spill,leak, pump, flow, escape, leaching, dumping or disposal of any liquid, semi-solid, or solid substance. Environmentally Sensitive Area (ESA) -includes but is not limited to all Clean Water Act Section 303(d) impaired water bodies;areas designated in the Ocean Plan as Areas of Special Biological Significance (ASBS) or by the State Water Resources Control Board (Water Quality Control Plan and amendments);water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan • and amendments);areas designated as preserves or equivalent under the Natural Community Conservation Planning Program;and any areas designated as Critical September 2006 Construction Runoff Guidance Manual 23 Orange County Stormwater Program Glossary Aquatic Resources (CARS) or other equivalent environmentally sensitive areas which • have been identified by the County or City. Municipal Storm Drain System -the street gutter,channel, storm drain,catch basin, constructed drain,lined diversion structure, wash area,inlet, outlet,or other facility, which is part of or tributary to the County-wide stormwater runoff system and owned, operated, maintained, or controlled by the County/City, and used for the purpose of collecting, storing, transporting, or disposing of stormwater. Non-stormwater-any runoff or discharge not entirely composed of stormwater. Notice of Intent(NOI) -an application submitted by the owner/operator of a project that constitutes his intent to be authorized by an NPDES permit issued for stormwater discharges associated with the construction activity indicated. Notice of Termination-a form to discontinue coverage under an NPDES general permit for stormwater discharges associated with industrial activity and stormwater discharges associated with construction activity. Pollutant - any liquid,solid or semi-solid substances that will interfere with or adversely affect the beneficial uses of the receiving waters, flora, or fauna of the state. A more detailed definition is included in the Water Quality Ordinance. Generally, pollutants can include such items as: • ■ Artificial materials ■ Household wastes ■ Metals and Non-metals ■ Petroleum and related hydrocarbons ■ Animal wastes ■ Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor ■ Waste materials, sediment,and wastewater generated by construction sites and construction activities ■ Pollutants defined by the Federal Clean Water Act ■ Other constituents or materials,including but not limited to pesticides,herbicides, fertilizers, fecal coliform,fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials. Receiving Water-A river, lake, ocean,stream, or other watercourse identified in the • Basin Plan into which waters may be discharged. Construction Runoff Guidance Manual September 2006 Orange County Stormwater Program 24 Glossary Regional Board- Regional Water Quality Control Boards administer water quality • requirements within a watershed region. There are nine Regional Boards under the SWRCB. The San Diego Regional Board and the Santa Ana Regional Board have jurisdiction in Orange County. Stormwater -stonnwater runoff and snow melt runoff SWR CB -State Water Resources Control Board, California agency that implements and enforces water quality and NPDES permit requirements and oversees the Regional Boards. Stormwater Pollution Prevention Plan(SWPPP) -Document required by the General Construction Permit to be developed and implemented by construction sites with 1 acre or greater of soil disturbance, or less than 1 acre but part of a greater common plan of development. The SWPPP emphasizes the use of appropriately selected, correctly installed, and maintained pollution reduction BMPs. This approach provides the flexibility necessary to establish BMWs that can effectively address source control of pollutants during changing construction activities. Waste Discharge Identification (WDID)Number-an identification number assigned by the Storm Water Resources Control Board upon receipt of a complete NOI. • • September 2006 Construction Runoff Guidance Manual 25 Orange County Stormwater Program (This Page left intentionally blank) • • Orange County Environmental Management Agency (Now County 4of Orange Resources & Development Management Department) BMP Standard Plans • • Sandbag Velocity Reducer (No. 1328) Temporary Drainage Inlet (No. 1330) (This Page left intentionally blank) • • • 200` MAX. (SEE NOTE Na 2) 1 r 1 t -- - I —SANDBAGS(TYP.) ILII DIRECTION OF I W=75 % ROADBED WIDTH a a STREET FLOW ; XO t � � e t T" 8`MIN. SPACING FOR VEHICLE ACCESS PLANW x TO-1-30' 5- 31'- 40' 7' 41' -50' 9' 511- 60' 10.5' BAGS MIN. SANDBAGS(TYP) �I TYPICAL TYPICAL SECTION ELEVATION NOTES: 1. Gravel bags are encouraged over the use of sandbags and may be required in areas which are particularly sensitive to sediment deposition. 2. Requirements for and spacing of velocity reducers for streets with grades of less than LX shall be as shown on the approved Erosion Control Plan. 3. This standard detail shall be used as shown on the approved Erosion Control Plan. �NGE COUNTY ENVIRONMENTAL M/ + MENT AGENCY SM PLAN APPWOVED ser k,,IIAWJZAW OJRECMR Or REGULATION 1'�n aaepte0, eeL s2•rta (+TV{ AiV08AG VELOCITY REDUCER I 94EETt of r (This Page left intentionally blank) • • YAdak m0 6�X 6"—Wl4 X Wi.4 M. OR APPROVED 0 Z SALT. SCREEN AS SAFETY BARRIER. �` GI 2 1 MAX. HEIGHT OF rn '0 BAGS AT SPILLWAY O ° 3` D z K.— rrIz C �I 0 Q Z il il rrn SUB-GRADE I = -- G n c ^l M z 2 >a RI DOUBLE ROW m • ( , _ SANDBAGS a t —J E D - m i z a —STORM DRAIN PIPE.SEE ABASE COURSE SANDBAGS PLAN FOR TYPE AND ON EDGE. LOCATPLAN SECTION C-C NUT F:S: I . Gravel bags arc encouraged over the use of sandbags and may be required in areas =i W which are particularly sensitive to sediment deposition, O 2. A portion of catch basin may be constructed in place of sandbags. r 3. `Phis standard detail shall be used as shown on the approved Z erosion control plan.