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12-0828_SPIESS CONSTRUCTION_Contract CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,hereinafter referred to as "CITY" and SPIESS CONSTRUCTION COMPANY, 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 S ecifications for Public Works Constriction 2012 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, l equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Sun Ranch Drainage Im movements CIP 11503 in 3 strict conformity with the Plans, Specifications and all other contract documents prepared by Hall & Foreman, Inc. and dated June, 26, 2012 which documents are on file at the Office of the -1 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. I ' 3 FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by CITY,should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred(500) Dollars per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. ATTACHMENT 3 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 (100) percent 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 (100) percent 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. 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 h 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 (2,000,000) Dollars combined single limit. Insurance certificates shall be for a minimum period of one(1)year. E i 3 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. i 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 far injury to or death of persons, damage to property as a E result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. i i 3 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 (25) Dollar for each workman employed in'the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during E which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, fart Seven, Division 2, of the California Labor jCode, except as permitted by law. I 3 .I { l 3 11 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 o San Juan Capistrano Dated: BY: LARRY ME , MAY R Spiess struction Company, Inc. BY 6 , - SCOTT COLEMAN, PRESIDENT � ; r ATTE fi r {, ............. 1VI i , rr s, City Cer APPROVED AS TO FO r)U,49J JYM Omar San o al; City Attorney 4 i J3ID PROPOSAL For the: SUN RANCH DRAINAGE IMPROVEM IENTS,CIl' 11503 }'lE55 [,uNS`7�C'LLImEN (Ay INC From: 333`��9 A r 6, C S3, (Z7 Contractor,License No.&Classification 3 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 Flans, Specifications, Special Provisions, and the Standard 5RggjRw9ms,for Public Works, cad the Instructions to Bidders,and is farrri ,Construction,.''212 Edition,including all supplements khearefore, liarwith all proposal requirements,and herebyproposed and agrees,if the proposal is accepted,to complete the said construction in accordance with the . Contract Documents, as defined in Section 1-2 of the Standard Specifications,in the.time stated herein,for the unit price or lump sum given on the following pages of this proposal,amounting to a total of 4woint roil i�� ur s I)v- G�-dive �= d9 , , as ° . Words Figures Said amount to include and cover all taxes,the furnishing of all materials,the performing of all the i labor requisite or proper and the providing of all necessary machinery,tools,apparatus,and other means ofconstruction;also,the performance and completion of all the work in the manner set forth, E 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 Sari Juan Capistrano and to continence work within fifteen (15) calendar days from the date of execution thereof,and to diligently prosecute the work to completion before the expiration of One Hundred j Fifty 150calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work,as indicated in i 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 3 [ 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 ofwork 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 maybe deemed expedient by the Engineer. E E 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. Ifthe 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 bonid 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 Sana Juan Capistrano as liquidated damages for the failure ofthe undersigned to comply with the terms ofthis proposal. Accompanying this proposal is 1316 D (Insert"$- cash,"cashiees check, certified check or bidder's bond on the forms from Iges; B13-1 and 1313-2 of these Contract Documents,as the case may be),in an amount equal to at least ten(10)percent of the total bid. i 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: v CA 4ALTY eE[ . o-FA 2I C 1(90 C.*l.f Fva2 t A v: ff-1 o 0) oilti �1 G1.5G0.r 04 Licensed in accordance with an act providing for the registration of contractors--License No. I 3�3g59 and Classification I C331 X27. f Signature of Bidder: t , sw•r-r A• C.ac-r Atv, PkEe ioEN-r I .j e € j - 6 i (If an individual,so state. If a fin or co-partnership,state the fim name and give the names of all individual co-partners composing the firm'. President,Secretary,Treasurer,and Manager thereof. Y BDA 2 Dated: 1- U 'L GAMr4 HAR./� CA 1q'3q � 57 T Business Address • Dated: 2-r�' ��L 201Z.� a-C'13-7-����l , Telephone Number. i 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: 2SJVLj -WI 2, Signature of Bidder Se-v-r-r A. ltJtkl�'i19�� P+ ,�f N7 Dated.- Q6-7- 559 Telephone Number. 7 I ' .I 3 j 1 , 7 r ' Addendum No.2(July 23,2012) City of San Juan Capistrano Sun Ranch Drainage improvements SCHEDULE OF WORK ITEMS SUN RANCH DRAINAGE IMPROVEMENTS Item .A noxi to rna ork Items With Unit Price Un' Price Total (.'Wri n in Words). In F� Amount l Mobilization for the lump sum price of 1LS 197 666 lS7� c�ol dollars. Construct and Maintain Temporary By-pass 2 1 LS Storm Drain Piping for the lump sumprice r f I, Project Survey for the lump sutn price of 1 LS dollars. Prepare and.Implement Storm Water Pollution 4 1 LS Protection Plan for the lump sum price of dollars. i ! Clearing and Grubbing including Removal of existing vegetation,fences,trees,ground cover, 1 v(0 0 0 1 q.7,060' 5 1 LS and miscellaneous site improvements for the lump sum pn of tr# �� $c�?,066 Unclassified Overexcavation of Sun Ranch 6 37,000CCanyon for the unit price of � ff dollars /-S7, C)5 per cubic yard, 8-inch PVC Perforated Canyon Subdrain(SCH 7 1,675 LF 40)for the unit price of 303 � 3 O - ..� . dollars J 5t 9js Per linear foot. Import Fill Material Compacted in place for the 8 53.200 CY unit price of iV igAAdollars per cubic yard. Construct 8'(W)x 3' (h)Reinforced Concrete =! Box Culvert per Caltrans Std Plan D80 and 131 LF plan details for the unit price of 7 q g p} J d[ Adollars ( b �( per linear foot. I _ I . 8 Addendum No.2(July 23,2.012) City of San Juan Capistrano Sun Ranch Drainage Improvements Reran ApMximateWork Item With Unit Price Unit Price i otal Quantic (Written „�vrdsIn F� op A onn Construct Storm Drain Box Culvert Transition Structure per plan details with Manhole Access 10 1 LS Cover per SPPWC Std Plan 323 for the lump �l sura price of f �J j + d dGt dollars Construct Curb Opening Inlet Structure (L=2 I )Per SPPWC Std 300 with PCC Local 1 I 1'HA Depression per SSPWC Std 313 and plan details for the unit price of 1 AV ! um `f d dollars Construct Reinforced Concrete Storm Drain 1 Pipe Collar per SPPWC Std 380 for the unit 12 1 EA price of dollars per each. Construct Brick and Mortar Plug for the unit 13 3 EA price of dollars per each Install 48"RCP,2000-D(Class C Thick Wall -7 14 145'3 LP Pipe)for the unit price of ' 66P dollars per lineal foot. I Install 36"RCP,2000-D(Class C.Thick Wall Pipe)far the c 5.1111 't price of 15 36 LFd 0 d . .C� '..�..P dollars � per lineal foot Install 30"RCP,2000-D for the unit price of 16 10 LF c dollars qm)per lineal foot f Q Install 24"RCP,2000-D(Class C Thick Wall 17 130 LF Pipe)for the unit prig of U u�i e ia�Q dollars �> �Q S 356 ,per lineal foot 12'Non Reinforced Concrete Pipe for the unit price of , 18 9$LP dollars 1 j per lineal foot 9 l j - Addendum No.2(July 23,2012) City of San Juan Capistrano -Sun Ranch Drainage Improvements Item Ap=ximate Work Items Wi h Unit Priee Unit Price Total uan ' (Written in Words In Fi Atrsaunt Install 8"PVC(Sch 40)Drainage Pipe for the 19380 OF unit price of �6- dollars 31 per lineal foot. Construct 8"PVC Sch 40 Clean-out per plan 20 2 details for the unit price of { q ,i uo3d � v�f dollars `�t © 9'0 per each Construct un-grouted Rock Cobble Rip Rap for the unit price of E 21 S _Lw_&Af VW Ci f ® V dollars per iqure foot, Construct Grouted Rock Grade Stabilizer Per 22 a Plans Details for the Unit Price of dollars per each Construct Storm Drain Manhole per SSPWC I 23 6 EA Std 320 for the unit price of �7 dollars per each Construct Low Flow Storm Drain Manhole per SSPWC Std 324 and as Modified per plan 1 24 2 EA details for the unit price of &06 dollars per each Construct Storm Drain Junction Structure per 25 6 EA SSPWC Std 333 for the unit price of dollars per each Construct 36"Dia CSP'Type V Riser inlet assembly per OCPW STD 1305 with Settling 26 3 EA Basin per Plan D tails1. for the unit prim f � U �!�+�G;✓�'� 1. dollars per each. j i i 1(1 i I Addendum No.2(July 23,2012) City of San Juan Capistrano Sun Ranch Drainage Improvements i Item -- roximate Work Items 1Vith Unit Price Dnit Pdw Total Quantity (Writtenin WrdslIn Fi uxes mount Construct Decomposed Granite Access Road with Tcrracell cellular confinement systeni and . 27 15,225 SF CMB Sudgrade per Plan,details for the unit price of pr of � . dollars.per square foot. .._Coax, ctMasonr-y-Screen WWII-Type--l-per----- Plan details for he unit price of price of 28 1,409 LF fP� t� a q68 Construct dollars per linear foot, 1 1 Construct 6'High Chain Link Fence with PVC Coating Fabric per SSPWC Std 600 for the unit 29 1,775 LF price of price of �A 3 i dollars per li ear foot Construct 4'High Chain Link Fence with PVC Coating Fabric per SSPWC Std 600 for the 30 1,366 LF unit price of price of 1 r r j _� dollars per linear foot Construct 6'High x 3' Wde, Chain Link Walk. Crate with PVC Coating Fabric per SSPWC Std j 31 13 EA 600 for the unit price f price of ( 'Ot IOU f f l dollars per each Construct 6'High x 24' Wide Chain Little Drive Gate(Double Leat)with PVC Coating 32 1 EA. Fabric per SSPWC Std 600 for the unit price of `l rice of U t dollars per each Construct Drainage Channel per plan details 33 JULO SF for the unit price of price of F9 dollars per square foot Construct Riparian landscape planting for drainage channel for the unit price of price of 34 20�{►00 SF 0�� � _ / ( dollars per square foot f i i 11 ,. Il Addendum No.2(July 23,2012) City of San Juan Capistrano Sun Ranch Drainage Improvements A roxinaate Work Items With Unit price Unit Price �t 1 antit Vritten in-Words) an Fi s, daunt Construct Landscape Planting for Private Improvements at 32192 Paseo De Manuel for 35 1 LS the Lump Sean Pri go of , c boa dollars Construct Landscape Planting for Private Improvements at 32181 Paseo De Manuel for 36 1 LS the Lump Sum Price f q6 r dollars Construct Landscape Planting for Private Improvements at 32171 Via Alicia for the 37 1 LS Lump Sum Price of '0 t/5&4-&L6��Idr e,4 CZ a6O C�t a00 #011ars Construct Landscape Planting for Private Improvements at. 32151 Via Alicia for the 38 1 LS Lump Sum Price of T E Wars f Construct Landscape Planting for Private Improvements at 32141 Via Alicia for the 39 1 LS Lump Sutra Price of 1 j 16 S 6 0 ct dollars Construct Landscape Planting for Private Improvements at 32131 Via Alicia far the 40 1 LS Lump Sung Price of Q W 4for hodf,4 Gt 300 C dollars Construct Landscape Planting for Private Improvements at 25872 Paseo De Juanita for 41 1 LS the bump Surn.Price of 4 u ldrd dollars 3 Construct Landscape Planting for Private 42 1 LS Improvements at 25861 Paseo De Juanita for the Lumpsum Price of V4&0-1, ItJ i 3 12 i Addendum No.2(July 23,2012) } City of San Juan Capistrano Sun Ranch Drainage Improvements 4 Item AWroximate 'VL3'ork Items With Unit Price Unit�'ricc Total uan ' (Wri en in Words) n l?i es Amoun dollars I Construct Landscape Planting for Private Improvements at 25832 Calle Ricardo for the 43 1 LS Lump Sum Price of " � CJ O C1 Ae �fu 1 1 dollars Construct Landscape Plantiftg foe Private Improvements at 25822 Calle Ricardo for the 44 1 LS Lump Sum Price of _d loo � /c v f�P�6 , dollars Construct Landscape Planting for Private -Improvements at 25802 Calle Ricardo for the 45 1 LS Lump Sup Price of Wethol.altars ,.,.,.,._—_. ., ,_. ....d.; e Construct Landscape Planting for Private Improvements at 25782 Calle Ricardo for the 46 1 LS Lump Su1 .m Price of t [ / -i6 dollars Construct Hydroseed(TR 16146)per detailed 47 66 l)[DQ SP specifications for the� price of price of dollars per square foot. Construct straw wattle erosion protection for 48 1,650 LF the unit price of dollars per linear foot 31300 Comply and implement Regulatory Construction Permits For the Lump Sure price 49 1 LS of d & Dollars 13 Addendutn No.2(July 23,2012) City of San Juan Capistrano Sun Ranch Drainage Improvements Item Approximate Work Items With Unit Price t NO Total anti (Written i 'Word In Pi cs Amount Construct 4"Asphalt Concrete over 6"CMB 50 4,1008F Pavement for the i iitt prick f ho dollars per square foist Construct Temporary 6"high Chain Link 51 1,650 LF Construction Pence for the unit price of dollars per linear foot Construct PCC Wgutter per pian details for the 52 232 LF unit price of dollars per linear foot Geotechnical Testing and Slope Monitoring for 53 l LS the lump sum price of qq/(3Lf(j qql600 dollars I Construct 18"x 18"Storm Drain Inlet for the � 54 l BA unit price of A-Vaubg -TOO 1766 dollars per each J 90 Calendar Day Landscape Maintenance Period for Private Property Areas for the lump 55 ILS stun price of dollds 1 365 Calendar Day Landscape Maintenance Period for Riparian Landscape Area within 56. 1 LS Drainage Channel for the lump stun price of � ;too dollars Constrnet Rock lined Plunge Poral per plan Details for the unit price Of 57 2z EA 016 LO _ on . dollars per each r I t 14 Addenduna No.2(July 23,2012) City of San Juan Capistrano Sun Ranch Drainage Improvements E er raxim to ork Lte Wifia Unit Price Unit Brice Tit uantit ritten,in„ Vorda� n Figures - mmount Select Native Soil Material per Project Specifeations compacted in place for the 58 1 o00 CY unit price of dirt d 0 000 dollars per cubic yard. i Total Bid Price(Enter here and on Page 3) {�f l� // $ 07, f V f�q/� J I�Ifk�j' ! �'� J ! �• II V C ~��7�.._ I� q 6 Words r,. rigur85 s I . i i NON-COLLUSION AFFIDAVIT TO BE EXECUTER BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) SS. County of SAME e4iA ) JET Q - A'"i ,being first duly sworn deposes and says that he is N__t�j i ©f v ra 5 5 N S? 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 share bid,orthat 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 tax the bid price of said bidder or of any other bidder,or to fix the bid price of or cost element ofsuch bid price,or ofthat 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 stateffients contained in such bid are true;and further,that said bidder has not directly or indirectly,submitted j 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. j Dated:_- - 'U Lq �- SIGNATURE On this the�day of 2012,before me,the undersigned,a Notary Public in and for said State, personally appeared personally known to me/proved to me on the basis ofsatisfactory 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. CPU Notary Public in and for said State LAURA 0.JEVNE Commission#1855082 .-p Notary Pub(€c-Gafftrnta z Santa Barbara County My Comm,Expires Jun 21.2018 �w 16 i i I i - i i ACKNOWLEDGMENT Stats of California County of_ Sanaa 13arbara i I " On July 20, 2012 before me, Laura C. Jevne, Notary Public (insert name and title of the officer) personally appeared Scott A. Coleman who proved to me on the basis of satisfactory evidence to be the person(lo whose name(j)isle subscribed to the within instrument and acknowledged to me that he/ /My executed the some in hisUr/t}fOr authorized capacity(I},and that by his/bmdVx*signatures on the instrument the person),or the entity upon behalf of which the person(.%acted,executed the instrument. I certify under PENALTY OF PERJURY under tate laws of the State of California that the foregoing paragraph is true and correct. WITNESS rrt hand and of seal. LAURA C,JEVNE Y Commission# 1855082 a �.► Notary Public d California z z Santa Barbara County My Comm.8x fires dun 27,2013 Signature (Sea) E E •i E I I i j i I 17 E i i ID BQN—D i i KNOW ALL MEN BY THESE PRESENTS,that we, Spiess Construction Co.,Inc. as PRINCIPAL,and Travelers Casualty and Surety Company of America as SURETY, hereinafter called Surety, are held and firmly bound Tinto the CITY OE SAN JUAN CAPISTRANO,Obligee,hereinafter called City,in the sum of $.Ten.Percent 9©%0 of the Bld for paym tilt Whereof Principal and Surety bind themselves,their E heirs, executors, adtninistr,tars, successors, and assigns,jointly and severally; fairly by these presents. ' 9 I THE CONDITION CSF THIS OBLIGATION is such that whereas the Principal has submitted , 1 the accompanying bid dated July 26 2012,for the construction of"Sun Ranch i Drainage Improvements, CII' 1150.3", for the CITY OR SAN JUAN CAPIS.TRANO, Grange i County,California. l i . . NOW,THEREFORE,ifthe Principal shall not.withdraw said bili within thirty(3D)days after E the opening of same,and shall,within fifteen(15)days after the agreement has betn presented to him for execution,enter into a written contract with the Citym accordance with the bid as accepted, i and if the.Priizici al shall give the g 1 p gi required bond with:good and:sufficient sureties,or sureties fat the � faithfulperformance and proper fulfillment of such contract and for the protection of laborers and j materialrnen,or in the event ofthewithdrawal ofsaid bid within the periods specified,or the failure to enter into said contract and give said:bored Within the time specified,if the Nneipal shall within j sixty(6b)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 i latter arruount:be'ig excess of the former,then the above obligation shall be void'and of:,o effect, � ofherwise tp remain.ln full force,and virtue. Further, as a part of the obligation secured hereby, and in addition to:th faceamount I specified.therefore, there shall be included,costs Arid zeasonable expenses and .fees;including reasonable attorne 's - i y' fees;incurred.by City in successfully etlforcing:sech obligatipn,all to be taxed as.costs and included in-any judgment rendered. r t IN WITNESS WHEREOF,the above-bounded patties have executed this insti°iim=t under their 3 . . 1 �8 s i i I f several seals this 18th _-- day of2012,the.naineand corporate sealofeach corporate party being affixed hereto and these presents duly sued by its undersigned representative pursuant to authority of its governing body, f f { Two Witnesses(If Individual) Spiess Construction Co.,Inc. � PRINCIPAL. 1 BY 1t Title: GWIT A Ca cm ig' Pxr--61pevT ATTEST(If Corporation) Corporate Seal Travelers Casualty and Surety Company of America SURETY i ATTEST BY. k Title: grin Bautista,Attorney-In-fact Lxv� i .. - - Title yr ) i APPROVED:AS TO FORM: ; i . . 1 Or , kY y r�ar Viand©ysl Ci Attorne .I l r i , f yf f t E • I ACKNOWLEDGMENT State of California County of Santa Clara pn July 18, 2012 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Erin Bautista who proved to me on the basis of satisfactory evidence to be the person(5)whose names Is/=e e subscribed to the within instrument and acknowledged to me that she/ executed the same in ids/hertkieir authorized capacity(s and that by*WherftkWr signatures$on the instrument the person(k), or the entity upon behalf of which the person(W 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. JEAN L.NE COmmiSslan#1881335 s Notary Public-Califarnia z Z ' Santa Clara County n My Comm.Expires Mar 1,20114 Signature (Seal) j _E 20 i j .f Addendum No. I (July 16,24I2) City of San Juan Capistrano Sun Ranch Drainage Improvements THIS PAGE TO BE ATTACKED TO BIDDING DOCUMENTS. I have received Pages Al-I through A14. Date Received 6y Bidder: By: SnLbs { Ns7Rwl -aim Lv• lAy a 3 Bidder's oanpan e j Bidder's Signature AN, &_5lb Typed or Printed Nance I :I E Addendum J-Sun Kwich Drainage-July 16 2012(2).doo PAGE Al-2 i ] E 3 21 -j r Addendum No.2(July 23,2012) City of San Juan Capistrano Sun Ranch Drainage Improvements THIS CAGE TO BE ATTACKED TO BIDDING DOCUMENTS. I have received Pages A2.1 through A2-14, Date Received by Bidder, By: _ GENS t)NNS C e Bid Co pan e - Sid is Sigrnature lagzr A .6WMAN 2a1 1T Typed or Printed Name I € r t i i3 I f f d 22 DESIGNATION OF SUE-CONTRACTORS Submit with Proposal. 5 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 followinglisted I stib-contractors in making up his bid,and that the sub-contractors listed will be used for the work for 3 which they bid, subject to the approval of the Engineer, and in accordance with the applicable E provisions of the Specifications. It is understood and agreed that all those portions of the word called forin the contract documents for which a sub-contractor isnot 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. E j item of Work Sub-contractor License No. Address Phone &Classification 2. 3. -!a .1305 ` " 4. X26 C# 9�5'1-3,Y i-SOS3 . 34-44" sz� 1' A- u s&) 7 rn R 7/4-939-6666 06 7. � 1 C, TSt Jam- Y& 8 -8. �--- �.. E PtiS C1Ny'7"�',biGTIw (V Iml BIDDER'S NAME 3 7 I j AUTHORIZED.SIGNATURE Cot.iAr f PkE,51OFJvr E 23 DESIGNATION OF SUE-CONTRACTORS l i Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Cade 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 beused for thework 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 p ip' 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 ... _ IOP 7,w� r VCA(Pg L� 9 'S-7 � i a, (ACC 1*54 4 E S 7 GPli✓._S CD1%;Te,uG-r1W (V In BIDDER'S NAME 3 AUTHORIZED SIGNATURE SGtJ'T`t A. Cp(.,ovw,4 e Px&_4 Wev'r . i 24 i RESOLUTION NO. 12-06-19-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE SUN RANCH DRAINAGE IMPROVEMENT PROJECT (CIP 11503) 1 WHEREAS, the Public Works Department has prepared plans for the Sun Ranch Drainage Improvement Project(CIP 11503) and such installation is consistent with the recommended water facilities improvements contained in the City Council-adopted Storm Drain Master Plan (SDMP) and, WHEREAS,the proposed projects have been processed pursuant to Section 9-2.337, Public Improvement Plans and Outside Agency Development Review of the Land Use Code; and, I WHEREAS, the City of San Juan Capistrano Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines; has determined that the project qualifies for issuance of a Mitigated Negative Declaration (MND), has issued a Negative Declaration pursuant to Section 15070 of those guidelines; and has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines. The City has otherwise compiled with all applicable provisions of the California Environmental Quality Act (1970) and all recommended mitigation measures have been incorporated herein; and, WHEREAS, Draft Mitigated Negative Declaration for the City of San Juan Capistrano Sun Ranch Drainage Improvement Project CIP(11503)was made available for public review and comment pursuant to the CEQA Guidelines (Section 15073)for a period of 30 days, commencing on February 3, 2012, and ending on March 5, 2012; and during this review period, the City received no comment letters. NOW,THEREFORE, BE IT RESOLVED that the City Council hereby makes the following findings based on substantial evidence in the record with respect to compliance with the provisions of the California Environmental Quality Act: 1, Pursuant to California Environmental Quality Act (CEQA) Guidelines (Section 15074), the Initial Study/Mitigated Negative Declaration (IS/MND) considers all potentially significant environmental effects of the proposed project and is complete and fully complies with all requirements of CEQA and the Guidelines; and, 2. While the project could result in potentially significant air quality Impacts as a result of construction-related emissions, proposed air quality mitigation measures to address PM10(particulate matter less than 10 microns)and PM2.5(fine particulate [ matter less than 2.5 microns)will reduce such impacts to a level of insignificance. 1 6-19-2012 3. A biological survey of the subject property was conducted by Glenn Lukos Associates(GLA) in order to document the biological resources that occupy the site and the species of plants and animals that are supported in that habitat on the site. The survey found that the project could result in potentially significant biological impacts as a result of construction related activities. However, the proposed biological resource mitigation measures which manage the construction time period and require Resource Agency permitting will reduce such impacts to a level of insignificance. 4. The project could result in potentially significant cultural and paleontological resources impacts as a result of construction related activities and ground disturbance. However, the proposed cultural resource mitigation measures which provide for archeological and paleontological monitoring will reduce such impacts to a level of insignificance. 5. The project could result in potentially significant geological and soils impacts as a result of construction-related activities. However,the proposed mitigation measures which require implementation of geological/soils analysis recommendations will reduce such impacts to a level of insignificance. 6. The project could result in potentially significant hazards and hazardous materials impacts as a result of construction-related activities. However, the proposed mitigation measures requiring testing and removal of any contaminated soils encountered during .construction will reduce such impacts to a level of insignificance. 7. The project could result in potentially significant water quality impacts as a result of construction-related activities. However,the proposed mitigation measures requiring preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) and sediment/erosion control will reduce such impacts to a level of insignificance. 8. The project could result in potentially significant short-term construction noise impacts. However,the proposed mitigation measures restricting construction hours, managing the location of staging area, and managing equipment noise will reduce such impacts to a level of insignificance. 9. The project could result in potentially significant traffic impacts. However, the proposed mitigation measures requiring preparation and implementation of a Traffic Control Plan and Construction Management Plan will reduce such impacts to a level of insignificance. NOW,THEREFORE, BE IT FURTHER RESOLVED,that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to General Plan consistency: 2 6-19-2012 1. The proposed project is consistent with the policies and objectives of the General Plan, specifically, the Public Services Element because thero osed drain p p improvements will ensure that the City maintains the ability to provide the required flood control to the community. 2. The proposed project is consistent with the City Council adopted Storm Drain Master Pian which identifies the improvement of the existing facilities (Project ) to provide necessary higher levels of storm drain service to existing and proposed developments located in the surrounding area. NOW,THEREFORE, BE IT FURTHER RESOLVED,that the City Council of the City of San Juan Capistrano does hereby approve a Mitigated Negative Declaration subject to the mitigation measures established by Exhibit A, Mitigation Monitoring Reporting Program (MMRP) attached hereto and incorporated. PASSED, APPROVED AND ADOPTED this 19th day of June 2012. Ll r R FRAMER, MAYOR ATTES MARIA\M AIS, t1V CL i 3 ' c 3 6.19-21312 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO 1, MARIA MORRIS, appointed City Clerk.of the. City of. San Juan Capistrano, do hereby certify that the foregoing Resolution No. 12-06-19-08 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 191h day of June 2012, by the following vote: AYES: COUNCIL MEMBERS: Freese, Reeve, Allevato, Taylor and Mayor Kramer NOES1COUNCIL MEMBER: None ! AB,SENT-' COUNCIL MEMBER., None MARJAJORRIS, City Flerk, 4 6-19-2012 EXHIBIT A Mitigation Monitoring and Reporting Program Sun Ranch Drainage Improvement Project(CIP 19803) San Juan Capistrano,CA Method of Timing of SCIMM No. Mlti o0on Measure/Standard Condition Verification Implementation Responsibility Traffic and Circulation project plans shah require the contractor to prepare a Traffic Control Pian and Construction Management Plan.which shall be submitted to ft City Engineer for review and approval, The Traffic Control and Construction Management Plan shall spechy: Traffic control,including the use of flagman.for any street closure, detour, or other disnrpWn to traffic conditions caused by the introduction of construction vehides, Routes that construction vehicles wig ulif¢e for hauling dirt andfor the delivery of constriction materials(i.e., lumbar, tiles,piping,windows,etc.)to access the site,traffa;control Prior to City Issuance of the 18.161 and detours,and proposed construction phasing plan for the Plan Check Notice to Proceed to the Engineering Division project Contractor Parking needs and parking areas for mnxinidian rltaled equipment and workman support. Hours during which transport adhiilies can occur and methods to mitigate const a lion-retated bripacts to ak"4aoen! streets. The Traffic Control and Construction Managsment Plan Shag comply with the standards established in the current California Manual on Uniform Traffic Control Devices(MUTCD)as well as C' of San Juan Capistrano requireffwritS. The contractor shag be required to keep all haul routes clean and free of detift.including but not fini?ed to gravel and dirt as a Site Superintendent resuft of its operations. The contractor shall dean adjacent During Grading and 16'162 streets,as dhecied by the City Engineer(o€representative of the Monitoring Construction PublicWorks Construction City Engineer)of any material that may have been spilled,tracked Inspector dar or blown onto ad'tent streets or areas. Hauling or transport of oversize treads will be agoi a between the hours of 8:30 a.m.and 11:30 a.m.only,Monday through Friday, Contractor/ 18.163 unless otherwise approved by the City Engineer. hauling or Monitoring During Grading and PubflcWorks Construction transport may be peniagtedlreghtlclutred during the nle hours, Construction Inspector weekends or on Federal holidays,at the discretion of the City Enciioeor, 16.164 Haul trunks entering or eArting public streets shall at ag tams yield Monitoring During Grading and Contractor to public traffic. Construction If haugng operations cause any damage to e>asling pavement, 16.1G S fit,curb arWor gutter along the haul route,the contractor shag Monitoring During Grading and Public Works Construction be fully responsible for repairs,which shall be completed to the Construction Inspector satisfaction of the City Engineer. Mitigation Monitoring and RepwUng PA>yain Sun Ranch Drainage Impirivemant Pmjied(CIP 11503) Page f EXHIBIT A Method of Timing of SClMM No. Miggadon Measurof tutrdard Cendltfnn Verification Implementation Res onalbilE All construction-related parking and staging of vehicles shall be Planchecic and During Conlraeier! 18.16 kept out of the"poent public roadways and parking lots and Monitoring Grading and and During n Engineering or on shah a=ron-site Air Quail The contractor shall Implement the following measures as applicable andlor appropriate to reduce fughlve dusVpanlcular emissions as determined necessary by the City's Grading Inspector.- • Apply soil staloftem or moisten Inactive areas. Prepare a high wind dust control plan. Address previously disturbed areas N subsequent During Grading and Public Works Department 18.3-1 CCn8tntLtion is delayed, Fluid Monitoring Con*uction Public Worcs Construction Water exposed surfaces as needed to avoid visible dust Inspector leaving the construction site(typically 3 times per day). • Cover all stock piles with tarps at the and of each day or as needed. Provide water spray during loading and unloading of earthen materials. Mbllmlze In-out traffic from construction zona The contractor shall implement the following measures as applicable andlor appropriate to reduce exhaust emissions from construction equipment as determined necessary by the City's Grading Inspector. Public Works Department 16<3.2 Use welt-torted off-road constnxaban equfpmenF. Field M'o `or'ng paring Grading and Construction Pub:"rc Wrsrks Consiructean Establish a preference for contractors using upgraded Inspector (Tier 3 or better)heavy equipment. Enforce 5-minute idling limits for both on-road trucks and off-road cot meat. Noise The contractor shall comply with the Cilys Norse Ordinance provisions, Specifically. noise sources associated with construction, repays, remodeling,or the grading of any real Pre party, shall be exempt from the provisions of the Citys During Grading and Engineering Dmsior€ 18,12.1 noise coded Conducted from 7= a.m. to 6:00 p.m. on Field Montodng Consirurlicil PubNnWarks ctor Construction Monday through Friday, or from 8:30 a.m.to 4:30 p.m. on Inspector Saturday. Construction 6 prohibited at any time on Sunday or a Federal holKa. The construction supervisor shall pedodicalty inspect and assure that ail equipment will use available noise suppression devioas and properly maintained mufflers. Construction noise During Grading and Construction Site Supervisor 16.12-2 will be reduced by using quiet or"new technology equipmerrt, Fielding Manitaring Construction Public Works Department particularly the quieting of exhaust noises by use of improved mufflers where feasible, AN Internal combustion tnjLsnes used Mitigation Monitoring and Reporting Program Sun Ranch Drainage improvement Project(C1P 115tt3) Page 2 EXHIBIT A Method of Timing of SCiMM No. Mitigation MeasurefStandard Condition Verification fm ementation Res nstbil at the Project she will be equipped with the type of muffler recommended by the vehido manufacturer. In addition, all equipment vhfl be maintained in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine,driviRraln and other components. During all site preparation, grading and construction, 16.12-3 contractors shall minimize the staging of construction Field Monitoring During Grading and Construction Site Supervisor equipment end unnecessary Idling of equipment In the vlc€nily Construction Engineering Division of residential land uses. The equipment staging area will be situated so as to provide 16.12 d the greatest distance separation between construct on-related Pian Chec J During Grading and Construction Site Supervisor noise sources and noisos nsitive receptors nearest the Field Monitoring Construction Engineering Division Project silo durin all P ed construction. Temporary walls,barriers,andfor enclosures will be erected around stationary construction equipment when such equipment wiff be operated for an extended period of time that substantially exceeds the City's noise ordinance standards and whore the City determines that noise sensitive recaptars may During Grading and Construction Site Supervisor 16.12-5 be substantially affected. Noise barriers and enclosures will Field MonitoringConstruction Engineering Division consist of absorptive material in order to prevent Impacts upon other land uses due to noise reflection. In addition,complete enclosure structures will dose or sevum any openings where noses or cables penetrate the enclosure structure. Notif€cation villi be given to residences within 300 feet of planned construction activities thirty (30) days prior to commencement of she construction activity,and will Include a brief description of the protect, the overall duration of the Property Owner Prior to Commencement of r cern 16.12-6 various construction stages, noise abatement measures that Notification Grading Construction En g" g Division will taken,and the name and phone number of the construction site supervisor or his designee to report any violation of a noise or mitigation standard. Public Health and Safety The Construction supervisor shall provide an orientation to all on-site construction personnel on the identification of potential equipment leaks or spills, Construdion activities shall be halted by any constructian personnel if they observe any indication of hazardous materials contamination and a quatW*d Prior 10 Commencement of 16,11-1 professional shall be retained to conduct an Investigation and Orientation Grading Construction(Pre• Engineering Division recommend the appropriate response to protect human health grade meaffng) and the environment as well as identify the agency with oversight responsibility. Any Contaminated soils that may be encountered shall be remediated in compliance with applicable Caffomia environmental ulations, W WSoils that will be exported from the site shall be sampled prior to exhort or disposal. if after appropriate sampling h is During Grading and 16.8 2 determined that the sof€is contaminated,it shall be property nhoringt Consl.ction Engineering Division d sed in accordance with current t ulato TRUIrements Mitigation Monitoring and RepoWng Program Surf Ranch Drainage improvement Projed(CtP 11503) Page 3 EXHIBIT A Method of Timing of SC m No Mld !tion MeasumiStandard Condition verification Implementation Responsibility for the disposal of contaminated sad. In addition,any imported soils required for backfilf of the overexcavated areas shalt also be tested at the borrow site to ensure that the Imported soils is free of contamination. Only soils meeting current regulatory standards shall be used as fill. Drama a and Hydrology The City of San Juan Capistrano shall obtain coverage under the General Construction Activity Storm Water Permit(General Construction Petmb) Issued by the State Water Resources Control Board(SMCB).The City must file a notice of intent (NO])with the SMC6.The project contractor will be required to prepare a stommwater pollution prevention plan(SWPPP) and submit the pian for review and approval by the City of San Juan Capistrano.At a minimum,the SWPPP shall Include a description of construction materials,practices,and equipment Prior to Commencement of 16.>i 1 storage and maintenance;a list of pollutants likely to contact Plan Check Grading and Construction utilities Department siomtwater; sits-specific erosion and sedimentation control practices;a list of provisions to eliminate or reduce discharge of materials to stormwater, BMPs, and an Inspection and monitoring program,Implementation of the SWPPP shall begin with the commencement of construction and continue though the completion of the project.After construction is completed, the City of San Juan Capistrano can and should submit a notice of termination to the SWRCB. The project contractor shall submit an erosion and sedimentation control plan to the City of San Juan Capistrano for review and approvat. All work shall incorporate all applicable BMPs for the construction industry,including BMP's for dual, erosion and water quality. The measures should Include,but are not limited to,the following: On stoped properties,the downhill end of the construction area must be protocted with sift fencing (such as sandbags,filter fabric,silt curtains,etc.)and hay bales, oriented parallel to the contours of the slope(at a constant Prior to Commencement of 11;,4 2 elevation)to prevent erosion Into the street,gutters,storm Plan Check Grading and Construction Department drains. In accordance with an approved erosion control plan,the project oontrantar shall implement mechanical and vegetative measures to reduce erosion and sedimentation, Including appropriate seasonal maintenance. All graded areas should be temporarily protected from erosion by seeding with fast growing species as determined appropriate. Mlnimtee the removal of natural vegetation or ground cover from the site in order to minimize the potential for erosion and sedimentation qmblarns. Maximize the Mitigation Monitoring and RapWmg Program Sun Ranch Drainage Improvemant Project!(CIP 11503) Page 4 EXHIBIT A Method of Timing of SCItVM No. Mitt on Measurel5tandard Condition Verificaitart Implementation Res nsibiti replanting of the area with native vegetation as soon as possible. Install fitter matoria€s aoceptable to the City of San Juan Capistrano at the storm drain inlets nearest to the project site prior to the start of the wet weather season(October 15), site dewatering activities; street washing activities; and saw cutting asphalt or concrete in order to retain any debris Rowing into the storm drain system.Fater materials should be maintained and/or replaced as necessary to ensure effectiveness and prevent street Hooding. Ensure that concretergran€te supply trucks or concretelplaster finishing operations do not discharge wash water Into water courses,street gutters, or storm drams, qiq Direct and locate tool and equipment dean€ng so that i wash water does not discharge into the street,gutters,or storm dra[ns. Create a contained and covered area on the site for storage of bags of cement, paints, Rammables, oils, fertilizers,pesticides,or any Other materials used an the project site that have the potential for being discharged to the storm drain system by the wind or in the event of a material spR No hazardous waste material should be stared onsite. Gather all construction debris on a regular basis and place them in a dumpster or other container which is empt€ad or removed Cn E weekly basis(or other interval approved by the City of San Juan Capistrano).When appropriate,use tarps on the ground to coiled fallen debris or splatters that could contftu€e to stormwa€er pollution. Remove art dirt,gravel,refuse,and green waste from the sidewalk, street pavement, and storm drain system adjoining the project site. Daring wet weather, avoid driving vehicles off paved areas and other outdoor work. As appropriate, broom sweep the street pavement adjoining the project site on a daily basis.Caked-co mud or dirt should be scraped from these areas before sweeping.At the end of each workday, the entire site must be cleaned and secured against potential erosion, dumping,or discharge to the street,gutter,and/or storm drains. Alt erosion and sedimentation control measures implemented during construction activities, as well as construction site and materials management shall be in strict accordance with the control standards listed in the West edition of the Erasion and Sediment Control Field Manual published by the RWQB. Miligathm ftntforing and Reporfrng Program Sun Ranch Drainage fmprovamant Project(CfP f IS43) Page 5 EXHIBIT A Method of Timing of SCIUM No, Mitigation MeasuretStandard Condition Veriflcatlen Ire demantatlon Responsibility All erasion and sedimentation control measures shall he monitored regularly by the City of San Juan Capistrano. if measures ale insufficient to control sedimentation and erosion then the pity shall develop and require the Implementation of additional and more eftec live measures€mmedistel . Bloic Alcal Resources Construction adiv'sties associated with the implementation of the project that require removal of potential nesting habitat shall be conducted outside of the breeding season (i.e., Quaiified8ialogistf February 1 through August 31). If this is riot possible,the CityDuring Grading and 16.4-1 w 3t retain a qualified biologist who shall conduct a nesting bird Monitoring Construction Development Services survay(s)prior to removing trees,shrubs,and tall herbaceous Department vegetation In ender to prevent any violations of the Migratory Bird Treaty Act (META). Prior to the issuance of a grading permit,the City of San Juan Capistrano shall obtain the neoessory authorizations from the regulatory agencies for potentially signlflcant impacts to 16.4-2 jurisdic6nnal waters. Authorizations include a Section 4134 Approved Regulatory Prior to issuance of Grading Development Services Nationwide Permit from the ACOS,Section 1602 Stmambed Permit Permit Department Alteration Agreement from CDFG,and a Section 4€31 Water Quality CertificagoruWaste D�scharge Requirement from the California Regional Water Quality Control 6aard. The City shall mitigate temporary impacts to areas under ACOE. RWOCS, and CDFG jurisdiction at a ratio of 1.3:1 through the enhancement and restoration of on-site jarisft ional waters to their original andlor higher quarity functioning values. Enhancement and restoration shall occur through the on-site revegetation of areas,which are subject to temporary Impact, and Y49 be subject to approval by the appropriate regulatory agencies. The compensatory mitigation will not be a mitigation bank or In-lieu fee program. Rather,the environmental preferable compensatory mitigation will be provided through on-sho m tigaWn. The proposed 0.70-acre mitigation site wig be restored on-sne within the realigned 16.4-3 channel. The proposed mitigation for temporary disturbance is Approved Regulatory Prior to the of Development Services itemized below. Permit Grading Permit ermit Department Ali vogetation located within the limits of the dedicated easement and nearby area will be removed. Over- excavation below the pipeline alignment will include the complete removal of young alluvial wash deposits that lie approximately eight to 12 feet below grade along the bottom of the drainage course. Following excavation and G)operations necessary to mitigate soft sail conditions, the proposed 48-inch diarnoter RCP will be ao nsi rud edfi nstatled. Followin installation of the storm drain. the maligned Mitlgatfan Monitoring and Reporftng program Son Ranch Drainage Improvement Projed(C/P 11503) Pole 6 C::-7T EXHIBIT A Method of Timing of sc/mm No. Mhi ation MeasurelStandard Condition Verification Em ementation flea onsibltl drainage channel will be reconstructed and redirected where necessary to within the dedicated easement width. A minimum of one-foot of alluvial soil salvaged from remedial grading will be placed over the entire 0.70-acre Mitigation site. The channel will be constructed with riprap check dams to Control the transport of sediment within the nature channel. Native plant material will Improve the water quality and reduce sediment transport along the mitigation rile. The realigned drainage channel will be restored with 0.70 acre of native riparian plant species, resulting In a net increase in wellands, and associated Increase for hydrologic,biogeochemiral,and habitat functions. The mitigation site Is designed to function as wetlands and riparian habitat providing such functions as short-term storage of surface water, dynamic storage of surface water,groundwater recharge,nutrient cycling,retention of particulates, removal of imported elements and compounds,and some provision of habitat for waterfowl, shorebirds,passerines,and songbirds. The compensatory mitigation project will provide the required compensation for unavoidabie temporary disturbance to 0.56 acre of aquatic resources resulting from a temporary disturbance to ACOE,RWOCB,and CDFG jurisdiction o"ite. ApproAmatety 0.49 acre of temporarily disturbed wetlands Wit be restored at a 1.3:1 ratio,for a total of 0.70 acre of restored nparlan habitat. CuhuraliSCienlific Resources Prior to Issuance of a grading permit, the applicant City's contractorshall submit to the Development Services Development Services 16.6.1 Dapartment evidence that a qualified archaeologist has been Pin Check Prior to Issuance of Grading Department•Presunvatton retained to mondor site clearing, grading, and excavation Permit Planner activities, stating the name, qualifications, and contact information for the archaeoto Est. The project construction plans and specifications shall include a provision that a qualified archaeologist (defined as an archaeologist on the list of Certired Archaeologists for Orange County)shall be retained by the City's contraclor and shall be prior to issuance of Grading present at pre-construcYbn meetings to advise Construction Plancheck Permit Development Services 16.52 contractors about the sensitive nature of cultural monitoring R9eetirmPlan heck Monitoring Prior to Commencement of Departmerd-Preservation requirements.A qualified monitor(defined as an Individual with Greor to Curing ConstructionfPlanner a bachelor's degree in anthropoiegy with archaeological monitoring experience), supervised by the qualified archaeologist shall observe on- and offsite construction aGFiv@les that result in radio andiar excavatio on or below Mitigation Monitoring and Rep-Ung Program Sun Ranch Drainage improvement Pro ocf(CiP f 1503) Page 7 EXHIBIT A Methnd of Timing of SCWM No. Mita on MeasuretStandarcd Condition Verification implementation Responsibility the original ground surface. Should non-human cultural resources be discovered,the monitor shall have the power to temporarily haft or divort construction activities within the vicinity of the discovery until the qualified archaeologist can detemrine 9 the resources aro significant and, if signtkant, until recovered the archaeol isL Prior to issuance of a grading permit,a qualified paleontologist (deluded as a paleontologist on the List of Codified Paleontologists for Orange County)shall be retained by the City's During Grading,Trenching,or Development Services 16.5.3 contractor and shall be present at pre-eorraVuWon meetings to MeatinglReld Monitoring Excavation Ton lopment Se advise construction contractors about the potential occurrence of Department paleontological resources located an andror in the vicinity of the ro ed site,as well as monitoring irenicints. The proud construdon plans and specifications shag include a provision that a quarffied monitor(defined as an Individual with a bachelors degree in paleontology and monitoring experience), supervised by the qualified paleontologist,shall be onsite during construction activillas that result In the grading arrdlor excavating of current surface material to monitor for paleontological resources.Should paleantologb=1 msourcas be discovered,ftra monftcr shall have the authority to temporarily haft or divers During Grading,Trenching or Development Services 16.5 A construction aciWes in tha vicinity until the qualified Plan CRodc ovation Department paleontologist can determine if the resources are significant Significant paleontological rosoilrow steal be recovered by the qualified pataentologist Fosatls recovered from the field or by processing will be prepared, Identified, and along with fie accompanying field notes, maps, and photographs accessioned into the collections of a designated accredited (permanent)museum, In the event that human remains ado discovered,construction activities shall be hafted or diverted until the provisions of §7050.5 of the Health and Safety Code and§8697.98 of the Public Resources Code have been implemented. No further disturbance shall occur until ttto County Coroner has made a detemllnatlon of origin and disposition pursuant to§5097.58, Development Services Planner servation The County Comnar must be notified of the find IImmediately. During Grading,Trenching,or 16.5.5 it the remains are determined to be prehistoric,the Coroner will Monitoring Excavation Department-Preservation notify the Native American Heritage Commission,which will Planne determine and notify a Most t.Ekely Descendant(MLD). With the permission of the landowner or hislher autharved representative,the MLD may Inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of 11 ificaVoribytheKAMC. Soils and Geology The earthwork recommendations presented in Chapter 8.0 of Prior to tssuance of any 16.6.1 the Final Geotechnical Study Report prepared by Converse Pian Check Grading or ualding Permit Engineering❑ivislon Consultants October 2011 shall be Incorporated Into the Wigafion Monitoring and Reporting Program Sun Ranch Drainage Improvement Project(CIP 115031 Page 8 EXHIBIT A Method of Tlmingof SCIMM No. Midi don Measure/Standard Condition Verification implementation Rea naibitf project design and mftedad In final plans and specifications prepared for the proposed project. Thane earthwork recommendations shad include those addressing: (1)over- excavationlremovall(2)engineered fill;(3)sol shrinkage;(4) expansive soil;(5)pipeline excavations:(6)pipeline subgrade; (7)pipe bedding and shading;(6)trench backfill;(9)imported fill materials;and 10 roundwaterconsiderations. The design recommendations presented In Chapter 9.0 of the Final Geotechnical Study Report prepared by Converse Consultants (October 2011) shah be Incorporated Into the project design and relleded in final pians and specifications prepared for the proposer! project. These design Prior to issuance of any 18.6.2 recommendations shall include those addressing: (1) soil Plan Check parameters for pipe design(2)bearing pressure for anchor and Grading or Building Permft Engineering Division thrust blocks: (3)modulus of sol reaching (B`). (4) shallow foundations;(5)earth pressures for retaining structures;(6)soil corrosiv'ity; (7) flexible pavement design; and (6) surface drain Midgad-MonftcWng and fdopor M PrWam Sun Ranch Drainage tmprovemenf Projoat(CIP 11503) Page 9 Bond#105752632 Premium: $15,692.60 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Spiess Construction Co., Inc. as Principal,hereinafter called CONTRACTOR, and Travelers Casualty and Surety Company of America as Surety, hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter called CITY, in the amount of Two Million Ninety Four Thousand Six Hundred Forty Five &25/100s--- Dollars for payment whereof Contractor and Surety gond 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 agreernent):_for the construction of: "Sun Ranch Draina e Im rovernents CIP 11 S03" 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 specifted, 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 arty 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 orof work to be performed thereunder. Executed this 14th day of_____Aggust ,2112, at San Jose , California. PRINCIPAL: Spiess Construction Co., Inc. i By: ,to i A, . COt�l�i�� APPROVED AS TO FORM (NOTARIZATION AND SEAL) OMAIZ SANDOVAL, CITY ATTORNEY SURETY: Travelers Casualty and Surety Company of America By, wiLl' Erin Bautista, 4$6 ey-in-Fact (NOTARIZATION AND SEAL) PB--2 ACKNOWLEDGMENT State of California County of Santa Clara On August 14, 2012 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Erin Bautista who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/ane subscribed to the within instrument and acknowledged to me that she/kmy executed the same in iijsfherlltueir authorized capacity( and that b~erAlx kr signature(s4 on the instrument the person(g), or the entity upon behalf of which the person( acted, executed the instrument. 1 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. JEAN L. NEE i? Can yi�ss�on 1,n � � Q Signature,,. (Seal) t, WAHNIN&THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aft, POWER OF ATTORNEY TRAVELERSFa,,,,i,,gt,,,,Casualty Company St.Paul Mercury Insurance Company Pidelity and GuaraDtylnsurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casnalty and Surety CompaDy of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 223488 Certificate No, 004454443 KNOW ALL MEN BYTHESE PRESENTS:,rhat St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St,Paul Mercury Insurance Company art corporations duly oi1ganized under the laws of the State of Minnewta,that Farmington Casualty Company,'Fravviers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly oigai�ized under the laws of the State of Connecticut,that United StatesFidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,arid that Fidolity and Guaranty Insurance Underwriters, luc_is a corporation duly organized under the laws of the State ofWisconsin (herein collectively called tbe"Companies"),and that the Companies do hereby make,constitute and appoint Bryan D.Martin, Bradley N.Wright,Jean L Neu,Erin Bautista,and Frances Murphy of the City of san Jose State,of California their true,and lawful Attorney(s)-in-Fact, each in their sepurate capacity if more than one is named above,to sign,execute,sea]and acInowledge,any and all boads,recogaizarices,conditional undertakings,and other writings obligatory in the nature thereof on behalf of the Companies in lheii,,business of guarasiteeing the fidelity of persons, gaarameeing the performance of contracts and executin.g or guaranteeing bonds and undertakings required or peq*-,ti-e&iu awa'odoris or ,voceedin-i allowed by law. k 4" 3rd IN WITNESS WHEREOF,the Companies have caused this instrum6iiLt6-'be signe" 'and le r> 0—orate seals to be hereto affixed,this is August 2011 day of Farmington Casualty Co St.Paul A &rcury lasurpnee Company Fidelity and Guaranty"Inshurance,Company, Travelers Casualty and Surety Company ' ' 4V Fidelity and Guaranty Insurance Under,4 .17s,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 7S ........... State of Connecticut By: City of Hartford ss. /Georg&hoinpson, jll� ice Presideni On this the, 3rd day of.. August 2011 before rue personally appeared George W. Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,and that he,a�such,being authoriwd so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authoi-ized officer. In Witness Whereof,I hereunto set my hand and official sea]. My Commission expires the 30th day of June,2016. 58440-6-11 Printed jr) U.S,A. WARNING�THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond#105752632 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 Spiess Construction-Po-., Inc. License No. 333989 ,hereinafter designated as"Principal", a contract for the construction of"Sun Ranch Drainage Improvements, CIP 11503" ; 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 anymaterials, 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 wofe, or labor dome thereon of any kind, the surety or this bond will pay the same, NOW, THEREFORE,we Spiess Construction Co., Inc. Principal, and Travelers Casualty and Surety Company of America , as surety, are Held f n-nly bound unto the City of San Juan Capistrano, a municipal corporation,in the penal sum of Two Million Ninety Four Thousand Six Hundred Forty Five&251100s--- DOLLARS ($2,[394,645.25),lawful money of the United States of America,for payment of which suan 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 perforined 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 pamposes be deemed an original thereof,have been duly executed by the Principal and surety herein named on the 14th day of _August 2012. 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. Spiess Construction Co., Inc. PRINCIP W B Travelers Casualty and Surety Company of America SURETY s By _ st . Erin Bautista;Attorney-in-Fact APPROVED AS TO FORM CITY ATTORNEY LM-2 ACKNOWLEDGMENT State of California CourIty of Santa Barbara On August 15, 2012 Before me, Laura C. Jevne, Notary Public (insert name and title of the officer) personally appeared m-XScott A. Coleman who proved to me on the basis of satisfactory evidence to be the person( whose name{) is/�X subscribed to the w1hm instrument and acknowledged to me that he/IiMAMLy executed the same in hisZWAMr authorized capaGity(XX), and that by hisf'hzWtheir signature() on the instrument the person), or the entity upon behalf of which the person( acted, executed the instrument, I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct, LAURA C. JEVNE Commission # 1855082 - WITNESS my hand and official seal, z Notary Public California z z Santa Barbara County MY COMM,Expires Jun 21,2013 Signature" ACKNOWLEDGMENT State of California County of Santa Clara On August 14, 2012 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Erin Bautista who proved to me on the basis of satisfactory evidence to be the person(&) whose name( is/me subscribed to the within instrument and acknowledged to me that tDeshe4my executed the same in ihis/her/Itxjr authorized capacity0ei* and that byATWherAhair signature(s)on the instrument the person(), or the entity upon behalf of which the person( acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JEAN L INFO V IHI— tazr, Santa C; ra l IIUH 4P , IJ F k v Signaturee' :. .. (Seal) 4 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AgMk DOWER OF ATTORNEY TRAVELERSFarmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul.Fire and Marine Insurance Company United States;fidelity and Guaranty Company St.haul Guardian Insurance Company Attorney-In pact No. 223488 Certificate No. 0 4 ' 44 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,"Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of Amenca are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Bryan D.Martin,Bradley N.Wright,Jean L.Neta,Erin Bautista,and Frances Murphy of the City of San.Toss � State of Califomia their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their..Uusuess of.guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perrsuitcd to oatya�ettons gr..pz�ceedings allowed by law. 3rd IN WITNESS WHEREOF,the Compa,�r�e ave caused this inWumenLto be sign&O and thefr�corporate seals to be hereto affixed,this j day of -w August U Farmington Casualty Cpzppanv St,Paul Mercury Insurance Company Fidelity and Guaranty jsurance Co npany z Travelers Casualty and Surety Company Fidelity and Guaranty insueance`Underwi Pers,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 1 I ¢ GASI{,5�� 4F10.E 4 \*µ tNSG 'fid 1urN5�A 4 �44Y Ak6 �t6 S1FpQl vy+•Y"yi Zk :%S F15RTF6FiQ,Ell, si CONN. r, Oa1N. $ m� •,1S.:wNs'r ..r`� br a'd •� �'/1 k4N 1s , State of Connecticut By: City of Hartford ss. George Thompson, nior ice President 3rd August 2011 On this the day o£ before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul fire and Marine Insurance Company, St. Paxil. Guardian htsumatce Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that be, as such,being authorized so to do, executed the foregoing instrument for the purposes(herein contained by signing on behalf of the corporations by himself as a duly authorized officer. it F®Rtir NIN In Witness Whereof,I hereunto set my hand and official seal. _. j. My Commission expires the 30th day of June,2016. Marie C "f�freaitt,Nolo-yPublic 4 58440-6-11 Printed in U.S.A. i; WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE REIN BORDER Bond#105752632 Premium: $15,692.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Spiess Construction Co.,, Inc, as Principal, hereinafter called CONTRACTOR, and Travelers Casualt and Suret Company of America as Surety,hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter called CITY, in the amount of Two Million Ninetv Four Thousand Six Hundred Fort Five& 25/100s -- $2 094 645.25) 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).-_for the construction of: "Sun Ranch Drainage Improvements, CIP 11503" which contract is by reference made a part hereof, NOW TBERFFORE.the condition of this obligation is such that,if Principal shall promptly and faithfullyperform 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 sway have to require that a demand be made first against the principal in the event of default. BE IT FUR BER RESOLVED that: I. 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 judga-nent rendered. PB-I 2. Said Surety,for value received,hereby stipulates and agrees that no change,extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder,shall in any way affect its obligations or this bond,and it does hereby waive notice of any such change,extension of time,alterations,or modifications of the contract documents or of work to be performed thereunder. Executed this 14th day of__ Agguj , 2012, at San Jose , California. PRINCIPAL: Spiess Construction Co., Inc. By: ;tovT APPROVED AS TO FORM (NOTARIZATION AND SEAL' OMAR SANDOVAL, CITY ATTORNEY SURETY: Travelers Casualty and Surety Company of America Fps By: Erin 136-i sta,Attorney-in-Fact (NOTARIZATION AND SEAL) PB-2 Bond #105752632 Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS,the CITY OF SAN JUAN CAPISTRANO, amunicipal corporation of Orange County, California, has awarded to 5 ip ess Construction Co., Inc. License No. 333989 ,hereinafter designated as"Principal", a contract for the construction of"Sun Ranch Drainage imrovements, CIP 1 I503" ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal,or anyof 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 dobe thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Spiess Construction Co., Inc. Principal, and Travelers Casualty and Surety Company of America as surety, are Held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sure of Two Million Ninety Four Thousand Six Hundred Forty Five& 251100s--- DOLLARS ($2,094 645.25 ,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 cotirt. 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 there 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 judgrnent rendered. fN 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 14th day of_ August 2012. 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. Spiess Construction Co., Inc. PRINCIP By Sco A P r� T Travelers Casualty and Surety Company of America SURETY __... .4; ErimSautis#a;A#torney-in Fact APPROVED AS TO FORM CITY ATTORNEY LM-2 ACKNOWLEDGMENT State of California County of Santa Barbara On August 15, 2012 before me, Laura C. Jevne, Notary Public (insert narne and title of the officer) personally appeared Scott A. Coleman who proved to me on the basis of satisfactory evidence to be the person( whose name) is/&X subscribed to the within instrument and acknowledged to me that he/MK-/txKy executed the same in hisXXr,1%Nr authorized capacity(M), and that by his/hBc/tbe;T signature(g) on the instrument the person). or the entity upon behalf of which the person(N 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, LAURA C. JEVNIF -0z:— Commission # 1855082 WITNESS my hand and official seal. Notary Public -California Z Z Santa Barbara County My Comm.Expires Jun 21,2013 Signature (Seal) ACKNOWLEDGMENT State of California County of Santa Clara On August 14, 2012 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Erin Bautista who proved to me on the basis of satisfactory evidence to be the person( whose name( is/me subscribed to the within instrument and acknowledged to me that keshelkPqE executed the same in his/herMmir authorized capacity(jE4 and that by)hWherAkeir signature(s) on the instrument the person(g), or the entity upon behalf of which the person(5) 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. a f "� =S Signature X- •_ x,� m - (Seal) a EVAy mrn E F':j �Y a� i 201 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY *rRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and:Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact 40. 223488 Certificate No. 0 ' KNOW ALLMEN BY THESE PRESENTS:That St.Paul Fire and]Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws o:f the State of Minnesota,that Farmington Casualty Company,'travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty 1 Company is a corporation drily organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under ? the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Bryan Q. Marlin, Bradley N.Wright,Jean L.Neu,Erin Bautista,and Frances Murphy 1 San Jose State of California their true and lawful Attorne stn-Fact, or the City of ............. y( ) each in their separate capacity if more than one is named above,to sign,execute,seal and acl.mowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per ttedc in any aetlons of proceedings allowed by law. 3rd IN WITNEXSt�WHEREOF,the Compap)e�]rave caused this instrument to be�zgned and tlicrt corpoa ale seals to be hereto affixed,this day of- ust Farmington Casualty Com' w St.Paul Mercury Insurance Company Fidelity and Guaranty T s`hraneg pinpazl Travelers Casualty and Surety Company Fidelity and Guaranty Inst&-4 e UnderwAifers,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company J� ri ., y 6 T� Nf ^1 IMSU 4 ASG P4 4", t.1YtY"YI TY ftPG�W 1 +,W�.y,'µ. TY A ? 6 �1• � Q\y.....,,U9 �'JR,,.........'49 w 9J S .il� lp �-S �s fs - 1C�I�'AATrptCo kF't:,fy� w:'cCRPORg7E;,ens % mi p � i 9 8 2 0 � y�]] = �; •� :m f t: -•._ :n� ¢ t�tantFONo, L t �•. •n- ;�> �' CONN. nOONN, f 7&98 ntSTA ;z' w o J pq State of Connecticut By: City of Hartford ss. Georg Thompson, enior ice President 3rd August 2011 Can this the _..................... day of _ , ___ , before me personally appeared George W. Thompson, who acknowledged himself to be,the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Uuderwriters, Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, 'Travelers Casualty and Surety Company,Travelers Casualty and.Surety Company of America, and United States Fidelity and Guaranty Company, and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporation-by himself as a duly authorized officer. In Witness Whereof,I bereunto set my hand and official seal. _..................... .y Commission expires the 38th day of.Tune,2€116. � Marie C.Tetreault,Notary Public r� 58440-6-11 Printed in U.S.A. 3 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 8/7/2012 D13� 1776] City of San Juan Capistrano Supplemental - efftda Report TO: Karen P. Brust, Cit a� ria b = FROM: James G. Ross, Interim Director of Public Work6-`1X"04 Prepared by: Joe Mankawich, Associate Enginee DATE: August 7, 2012 SUBJECT: Consideration of Award of Construction Contract — Sun Ranch Drainage Improvement Project (CIP 11503) (Spiess Construction Company, Inc.) (City Council Discal Years 2012-2013 and 2013-2014 Additional Priorities) RECOMMENDATION: By motion, 1. Award the Construction Contract for the Sun Ranch Drainage Improvement Project to Spiess Construction Company, Inc. in the amount of$2,094,645.25; and, 2. Approve the City Manager's ability to approve change orders up to 10% of the contract amount to this contract; and, 3. Direct the City Cleric to reject all other bids. EXECUTIVE SUMMARY: On June 26, 2012, the City Clerk released the Notice Inviting Bids for the project. On July 30, 2012, the City received and the City Clerk opened eight bids for the project (Attachment 1). Staff is recommending awarding the contract to the lowest responsive bidder, Spiess Construction Co. Inc., in the amount of$2,094,645.25. DISCUSSION/ANALYSIS: Review of the bids shows that the bid was competitive, with the first two bidders being within $75,000, and the first four being within 21% of one another (Enclosure 1). This gives the City confidence that the bid was fair and that the plans and bid documents gave the contractors a consistent understanding of what the project entails. The low bidder, Spiess Construction Company, Inc. (Spiess), began operations in 1977 as a welded steel tank contractor. In recent years they have expanded their business to City Council Supplemental Agenda Report August 7, 2012 Page 2 of 4 include large public works and building construction projects. These include grading and storm drain projects similar in size to the Sun Ranch Drainage Improvement Project. Initial review of their bid indicated that the listed subcontractors were providing over 50% of the value of the work on the project in difference to Section 2-3.2 of the Standard Specifications for Public Works Construction. A follow-up letter from Spiess verifies that they will be providing 60% of the work with their own forces (Attachment 2). City staff has interviewed representatives from the Cities of Mammoth Lakes, Boulder City, Havasu City, as well as the State of California, San Bernardino County and the Pomona Valley Protective Agency, where Spiess has completed recent similar projects. All stated that Spiess is a forthright contractor who does not initiate large change orders to the contract and completes work in a timely manner. Every representative expressed that they would hire Spiess again for future work. For these reasons, staff recommends award of the construction contract for the Sun Ranch Drainage Improvement Project (CIP 11503) to Spiess Construction Company, Inc, in the amount of $2,094,645.25 (Attachment 3). As a result of a Settlement Agreement entered into on December 15, 2010, between Martin E. and Marion E. Scalzo Family Trust (SFT) and the City of San Juan Capistrano, the City has agreed to improve the existing earthen drainage located west of Del Obispo, between the SFT and Sun Ranch properties. The agreement also stipulates that the final design be in accordance with the draft conceptual plans, prepared by Hall & Foreman, Inc. in 2007. The final plans meet the requirements set out in the Settlement Agreement. In order to comply with the executed Settlement Agreement, this project is required to be completed by .tune 30, 2013. Timely award of the project will insure that this timeline is met. Anticipating award tonight, it is expected that work should commence by September. The 150 calendar day contract completion requires that work be finished by February 2013. Any unapproved extra days will be assessed as liquidated damages in the amount of$250/day. FISCAL IMPACT: The Fiscal Year 2012-2013 Capital Improvement Program has budgeted $3.23 million for the Sun Ranch Drainage Improvement Project (CIP 11503). The anticipated total cost for the project based upon the construction contract and cost proposals the City has received for other required services is as follows: Construction (Spiess Construction) $2,094,645.25 Construction Contingency (10%) 209,464.00 Construction Engineering and Bid Support 35,150.00 Biological Monitoring and Mitigation Oversight (5 Years) 57,270.00 Cultural, Archeological Resource Monitoring 70,549.00 Habitat Area Maintenance (4 years) 40,000.00 Staff Costs Pro'ect Mana ement Ins ection Admin. Services 60 000.00 Total Project Cost $2,567,078.25 City Council Supplemental Agenda Report August 7, 2012 Pacle3of4 These costs fall within the budgeted amount. Staff will bring the final proposals for construction and bid support, mitigation and biological monitoring, cultural resource monitoring and habitat area maintenance to the City Council meeting on August 21, 2012, for approvals. Any remaining funding, calculated at this time to be approximately $660,000, will be returned to the City's General Fund Reserve for future capital projects. ENVIRONMENTAL IMPACT: This project has been evaluated by the City's Environmental Administrator in accordance with Section 21080(c) of the California Environmental Quality Act (CEQA). At its June 19, 2012, meeting, City Council adopted a resolution approving a Mitigated Negative Declaration for the project. Due to the fact the project is located within an existing natural drainage, the City is required to acquire the following agency approvals: ■ Approval of a Section 1600 Streambed Alteration Agreement by the California Department of Fish and Game (CDFG). Approval of a Section 404 Permit by the United States Army Corps of Engineers (USACOE). Approval of a Section 401 Water Quality Certification by the California Regional Water Quality Control Board (CRWQCB). Staff received the CDFG approval on March 21, 2012, and is working closely with the USACOE and CRWQCB to receive permits and certifications prior to commencing work in September 2012. The City cannot commence construction without these permits and certifications being in place. On July 17, 2012, staff met with representatives from these agencies and received final recommendation and guidance on the proposed improvements. Staff has modified the design of some of the stream bed retention facilities to meet agency recommendations. The agency representatives also request that the City provide a preservation mechanism to insure that the required stream bed mitigation remains in place and is properly maintained. Staff its working with the agencies and the City Attorney to develop a practical way of meeting this requirement. In a phone conversion held on August 3, 2012, the agency representatives stated that they have reviewed the changes and will be recommending approval of the 401 and 404 permits to their managers. Provided that their recommendations are ratified, the permits should be in place and allow construction to commence in early September. PRIOR CITY COUNCIL REVIEW• ® On May 17, 2011, the City Council approved the design contract with Hall & Foreman, Inc. for the design of the project. • On June 19, 2012, the City Council approved the plans, specifications and City Council Supplemental Agenda Report August 7, 2012 Page 4 of 4 estimates for the project and adopted a resolution approving a Mitigated Negative Declaration. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS; ® Staff presented this project to the Utilities Commission at its July 17, 2012, meeting. There were no comments by the Commission. ® Staff brought this project before the Planning Commission on April 10, 2012. The Planning Commission recommended that the City Council adopt a Mitigated Negative Declaration for the project. ® Staff held a Stakeholder Scoping Meeting for this project on March 13, 2012. The meeting was noticed to all residents within 500 feet of the project. Staff presented the project and took comments and questions from the 10 residents that attended. NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(g), Notification Procedures, a public meeting notice has been mailed to all property owners (as listed on the Orange County Real Property Tax Assessment rolls) within five-hundred (500) feet of the project. Spiess Construction Company, Inc. Hall & Foreman, Inc. Sukut Construction, Inc. Keeton Krietzer Consulting McKenna General Engineering, Inc. Road Builders, Inc. Fleming Environmental, Inc. Alcon Colorado Engineering, Inc. Beador Construction, Inc. Southern California Grading, Inc. ATTACHMENT(S): Attachment 1 — Bid Opening Report Attachment 2 — Spiess Construction Subcontractor Letter Attachment 3 — Spiess Construction Contract Enclosure 1 — Bid Comparison Spreadsheet I Bid Opening Report Bids Opened Monday, July 30 , 2012 at 4.00 P.m. Project Title Sun Ranch drainage lrnproverr�ants ___ Project Engineer Joe Mankawich, Assoc Eng Pre Bid Estimate $2,884,250 -i 3 Badder Bid Amount Bid Bond/Addenda? Road Builders, Inc $c7`ti z� �• f.. 2. Spiess Construction Co., Inc I.V .� 1 2 3. McKenna General Engineering, Inc. � � f tt 4. Alcon Colorado Engineering, Inc. # i� 1 5. Southern California Grading, Inc. i�i2) t t f S. Sukut Construction, Inc. 1 ' f I 7. _Fleming Environmental Inc. m�� G f ° 8. Beador Construction Company, lnc. _ E F Sign ®ate i cc: City Clerk Staff(3) Project Department(3) The above bid arnounts have not been checked. The bid totals are subject to correction j after the bids have been completely reviewed. i ATTACHMENT 1 1 August 2012 Mr. Mankawich, As promised in my earlier email today, I am forwarding to you a spread sheet with all of the subcontractors listed in our bid with the value of their portion of the contract work and the percentage of the total work to be performed by the listed subcontractor. It should be noted that the subcontractor listed for a specific item on the Schedule of Work will not be performing all of the work in that item. I trust that the table below confirms that Spiess Construction will perform, with its own organization, Contract work amounting to at least 50% of the contract price. If anything further is required, please contact me. Again,we look forward to working with you on this project. Sun Ranch Drainage Improvements Subcontract Work Value of subcontractor Percent Item of Work Lister!subcontractor Work of Bid 3 Dail15,7010 0}.75% 9-12, 23-25 Diamond Structures 77,000 3.58% 28 GAG 94,000 4.49% 34-46, 65, 56 Marina Landscape 123,000 5.87% 29-32 Fence Cor 67,700 3.23% 53 South Shore Testing 45,040 2.15% 68, 52 Weaver Grading 320,4010 15.28% _50 J.B. Paving and._En9r..................................... _.-... _. 15,000 0.72% 5 A. J.Acosta $6,445 4.13% Total subcontract work 843,845 40.29% ._._....__._......__._ __ .........._ Total Bid 2,094,645 Signed, N*1 4-1" Scott Coleman ATTACHMIENT 2 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,hereinafter referred to as "CITY" and SPIESS CONSTRUCTION COMPANY 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. flans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2012 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. ;I SECOND. THE WORK. CONTRACTOR agrees to famish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Sun Ranch Drain" e Irn rovements CIP 11503 in strict conformity with the Plans, Specifications and all other contract documents prepared by Hall & Foreman, Inc. and dated June, 26, 2012 which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Fuad 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. I FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by CITY,should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred (500)Dollars per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. f ATTACHMENT 3 1'I 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 (100) percent of the amount of this contract and shallbe 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 (100) percent 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. , i 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. 3 SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the revailin rate of per dzexn 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 i employed in the execution of the contract. -E 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 policiesshall be of an amount not less than Two Million (2,000,000) Dollars combined single limit. Insurance certificates shall be for a minimum period jof one (1)year. 3 i i E 3 1 1 1 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) clays 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 thein 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 OR LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code I 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 (25) Dollar for each workman employed in'the execution of the Contract by CONTRACTOR, or by any SUIS-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than. eight (8) hours in violation of 3 the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. 4 3 i 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 Sawn Juan Capistrano Dated: By: Larry Kramer, Mayor Spiess Construction Company, Inc. BY Scott Coleman,President : ATTEST: i Maria Morris, City Clem APPROVED AS TO FORM: Omar Sandoval, y Cit Attorney J 3 r k F i 1 i 4 1 I ; I I BID PROPOSAL For the: SUN RANCH DRAINAGE IMPROVEMENTS,C1P 11503 . Sri a6,.s to s7tu rm 01,1 Ca, to . From: At 61 C33, C 27 Contractor,License No.&Classification To the Members of the City Council City of San.Tuan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the flans, Specifications, Special Provisions, and the Standard S ecificatio s for Public Works Construction 2012 Edition,including all supplements therefore, read the Instructions to Bidders,and is familiar with all proposal requirements,and herebyproposed 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 hump sura given on the following pages of this proposal,amounting to a E total of: �a,yilflo'I G4,f ire IQt7$ oq 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 sett 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 One Hundred E&Ll 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 ofwork will correspond therewith,but reserves the right to increase or decrease the amount of any items or portion of the work or to omit portions of the work as maybe deemed expedient by the Engineer. 5 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. Ifthe proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty(30)days. No .i 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 intothe 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..910-BVND (Insert"$-- ---- cash,"cashier's check, certified check or bidder's bond on the forms from Rapes B13-1 and BB-2 of these Contract Documentsas the case may be),in an amount equal to at least ten(10)percent of the total bid. ss i j The following is the name and place of business of the surety company which will fiarnish the required bonds as surety if the work is awarded to the undersigned: 4 V ALT Y . p-FAMC e i cA [p� mfr=n�2. c� c7: itiov, r9� ��i Grsra., c+1 Licensed in accordance with an act providing for the registration of contractors-e License No, 1 333q 69 and Classification A 1--Pd t 0331 C-0 i Signature of Bidder: Z'Tatal0N CD /VC— s sc n-r A,, CaJ.�EMAJV, PRE61J)f:;N . 'i E 3 I j s ............... . ...... . I t - (If an individual,so state. if a firm or co-Partnership,state the ix n name and give the names of all individual co-partiaers composing the firm: President,Secretary,Treasurer,and Manager thereof) BDA E5" Dated: SANTA M&e/AA ft3��7 Business Address Dated: �5-IW LN U12— -C'l a7-6f3Gq 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. I - Dated: Signature of Bidder Dated: vi>JR('q 2t}1 D -A3-1- Telephone Number. 1 1 E j If 3 i f 7 7 3 Addendum No.2(July 23,2012) City of San Tuan Capistrano Sun Ranch Drainage Improvements SCHLDULII OF WORD ITFMS . SUN RANCH DRAINAGE IMPROVEMENTS Iterrr Awroximate ork Items With Unit Price Un—.tt,'rice Total titri n in Words Ind Amount l Mobilization far the lump sum price of dollars. ~� �� l LS 8 S l Construct and Maintain Temporary Bypass 2 1 LS Storm Drain Piping for the lump aura price 06 q 61n 4wV156u4*ee h'*o ars. Project Survey fox the lump sum 3 1 LS price of dollars. t C) J �� CCS Prepare and Implement Storm.Water Pollution 4 l LS Protection Plan for the lump sum price of dollars, (� Clearing and Grubbing including Removal of existing vegetation,fences,trees,ground cover, j t 0 G Q 142 a rY ! § 1 LS and miscellaneous site improvements for the lump sum prii of fg 06)6 ollars. Unclassified Overexcavation of Sun Ranch Canyon for the unit price of 6 37,000 CY c j 7r � dollars per cubic yard. 9-inch PVC Perforated Canyon Subdrain(SCH 7 l 675 LF `IO)for theunit price of I dollars r 1 Per linear foot. Import Fill Material Compacted in place for the 8 5320"CY unit price of dollars 70/ 10 per cubic yard. Construct 8'(w)x 3' (h)Reinforced7and Box Culvert per Caltrans Std Plan D 9 131 LF plan details for the unit price of � qJ ' �Lyd dollars per linear foot. 1 8 3 Addendum No.2(July 23,.2012) City of San Juan Capistrano Sun Ranch Drainage Innprovernents Item Approximate; Work Items With Unit Price Unit Price Total 3 cant' (Written in,Words, lit Fi s Amours Construct Storm Drain Box Culvert Transition Structure per plan details with Manhole Access 1 q 1 LS Cover per SPPWC Std Plan 323 for the lump sum price of } ' dNA dollars Construct Curb opening Inlet Structure (L=21')Per SPPWC Std 300 with PCC Local �\ I l l EA Depression per SSPWC Std 323 and plan details for the unit price of AV t ( c 'f d dollars Construct Reinforeed Concrete Storm Thain Pipe Collar per SPPWC Std 380 for the unit 12 1 EA price of dollars per each. Construct Brick and Mortar Plug for the unit 13 3 EA price of eU ! dollars per each Install 48"RCP,2000-D(Class C Thick Wall 141457 LP Pipe)for the unit price of ' ^g dollars per lineal foot. Install 36"RCP,2000-D(Class C-Thick Wall 15 36 LF Pip )fbr the t price of �t- dollars per lineal foot " unit price of 10 LF .�y 16 �� _. e„ dollars Install 3q RCP 2gg0-D for per lineal foot Install 24"RCP,2000-D(Class C Thick Wall 12 130 LF Pipe)for the unit price of ,fir C1 to��e � t dollars �Q S 356 per lineal foot 12"Non Reinforced Concrete Pipe for the unit 18 98 LF price of t v - `'i Y_ dollars ! E per lineal foot I I 9 I I Addendum No.2(July 23,2012) City of San Juan Capistrano -Sun Ranch Drainage Improvements I Item A unximat Work Items ith Utah Price Unit Prlee _otal uaaa r 9M in orris In Fi es Arnaunt Install 8"PVC(Sch 40)Drainage Pipe for the 19 344 LF – unit price of .[.. .� �CYYt � dollars 3 1 � per lineal foot. Construct 8"PVC(Sch 40)Clean-out per plan 20 2 details for the unit pr ce o ,� h utvd�e ` v __ td dollars per each Construct un-grouted stock Cobble Rip Rap for the unit price of 21 MLS—IF } W W0 dollars per iquare foot. Construct Grouted Rock Grade Stabilizer Per 22 EA Plan Details for the Unit Price of VIC rd dollars per each Construct Storm Drain Manhole per SSPWC ! 23 6 EA Std 320 for the unit price of dollars per each Construct Low Flow Storm Drain Maaihole per SSPWC Std 320 and.as Modified per plaza 24 2 EA details for theunit rice of ' dollars per each i 3 Construct Storm Drain Junction Structure per 25 6 EA SSPWC Std 333 for the unit price of dollars per each l f Construct 36"Dia CSP Type V Riser inlet assembly per OCPW STD 1305 with Settling 26 3 EA Eas1n per Plan D taals fQr tlae unit price fl �� Y j. dollars per each. 3 i i E 10 i Addendum No.2(July 23,2€)12) City of San Juan Capistrano Sun Ranch Drainage Improvements a Item A ro innate Worts Items With Unit Price Unit Price Tnt II uantit (Written inWords) In Fi as Amount Construct Decomposed Granite Access Road with Terraced cellular confinement system and . i 27 15,225 SF CMB Sudgrade per Plan details for the unit price of price of13 dollars per square foot. Waal'-Type-I-per------ Pl�tails for a unit price of price of 28 1,404 LF '� 3 qOg dollars per linear foot. Construct 6'High Chain fink Fenn with PVC Coating Fabric per SSPWC Std 600 for the unit 24 1,775 LF PrIc e o�r�ce of dollars per li�oot Construct 4'High Chain Link Fence with PVC Coating Fabric per SSPWC Std 600 for the 30 1,366 LF unit price of pxice of dollars per linear font Construct 6'High x 3' Wade Chain Link.Wath Gate with PVC Coating Fabric per SSPWC Std 31 13 LA 600 for the t pricUN d fe�of pri of t , q(00 dollars per each I Construct 6'High x 24' Wide Chain bank Drive Gate(Double Leaf)with PVC Coating �I i 32 I E� Fabric per SSPWC Std 600 for the unit price of c� c1 rice of 1 . a ll f dollars per each Construct Drainage Channel per plan details for the unit price of price of 33 Z6,0DQ1SF C' QC)O 9( h dollars per square foot Construct Riparian landscape planting for 34 .20LO SF drainage channel for the unit price of price of dollars per square foot. l j 11 Addendum No.2(July 23,2©12) City of San Juan Capistrano Sun Ranch Drainage improvements to Approximate Work Ite s With Unit Price Unit Price Tit antit (Written in Wards) n Pi cg Amount Construct Landscape Planting for Private Improvements at 32192 Paseo De Manuel for 35 1 LS the Lump Sum Pri e of dollars Construct Landscape Planting for Private Improvements at 32181 Paseo De Manuel for 36 1 LS the Lump Sum Price f Q rcu dollars Construct Landscape Planting for Private ` improvements at 32171 Via Alicia for the 37 1 LS Lump Sum Price of r a a 115 a Y c t ollars Construct Landscape Planting for Private Improvements at 32151 Via Alicia for the 38 1 LS Luaxtp Sum Price of dollars � 40C -old d � (I d i Construct Landscape Planting for Private Improvements at 32141 Via Alicia for the 39 1 LS Lzrrnp Sum Price of ( dollars Construct Landscape Planting for Private i . Improvements at 32131 Via Alicia for the 40 1 LS Lump Sum Price of dollars Construct Landscape Planting for Private Improvements at 25872 Paseo De Juanita for 41 1 LS the Lump Sum Price of j dollars Construct Landscape Planting for Private 42 1 LS Improvements at 25861 Paseo De Juanita for the Lump Sunt Price of / { Lid f 12 Addendum No.2(July 23,2012) City of San Juan Capistrano Sun Ranch Drainage Improvements Tterrrpproaate Wor tern ith Unit Price Unitl'rice Egau ti Vritten in Wo rds In Fies A dollars I Construct Landscape Planting for Private Improvements at 25832 Calle Ricardo for the 43 1 LS Lump Sums price of d CJ i dollars Construct Landscape Planting for Private Improvements at 25822 Calle Ricardo for the _ 44 1 LS Lump Sum Price of dollars Construct Landscape Planting for Private Improvements at 25802 Calle Ricardo for the 45 1 LS Lump Swn Price of r dollars Construct Landscape Planting for Private Improvements at 25782 Calle Ricardo for the 46 1 LS Lump Sum Price of i lA U dollars I Construct Hydroseed(TR 16146)per detailed s cifications for the uni price of price of �F7 ��,000 ja a o or OQ dollars per square root. Construct straw wattle erosion protection for 48 1,650 LF the unit price of acs 31300 k dollars per linear foot Comply and Implement Regulatory Construction Feixnits For the Lump Sutn price 49 of I LS c2S� a Dollars i i 13 Addendum No.2(July 23,2012) City of San Juan Capistrano Sun Ranch Drainage Improvements Items A roximate Warp Itemslith UnitPrice Unit Price Total uanti (Written in Worms In l"i&mes Amount Construct 4"Asphalt Concrete over 6"CMB 50 4,100 SF Pavement e unit prig of f � dollars per square foot Construct Temporary 6"high Chain Link 51 1,550 LFConstruction Fence for the unit price of u, 4 .5 v a 5 �, §0 Y/ t� dollars per linear foot Construct PCC V-gutter per plan details for the 52 232 LF utut price of dollars per linear foot Geotechnical Testing and Slope Monitoring for 53 1 LS the lump sum price of doll .... f Construct 1811 x 18"Storm Drain Inlet for the 54 1 EA unit price of 766 i dollars per each f 90 Calendar Day Landscape Maintenance . Period for Private Property Areas for the lump 55 1 LS sum price of 606 kk j!5 an dolls . 355 Calendar.Day Landscape Maintenance Period for Riparian Landscape Area within 56 1 LS Drainage Channel for the lump sum price of o Construct Rock � dollars Tined Plunge Pool per plan Details for the unit price of 57 L2 EA dollars per each i • i 14 i i - E Addendum No.2(duly 23,2012) City of San Juan Capistrano Sun Ranch Drainage Improvements ,} .. A roximate Work Items With Unit Price Unit Price Tom uanti ritten in ds an Fi ores m o—IM t Select Native Soil Material per Project Specifications compacted in place for the 58 10,E 00 CY unit price of ods d o �0GO dollars per cubic yard. Total Bid Price(Enter here and on Page 3) ilea$ .2dq, 6qS, ZS -- �. Words Figures i i E E E t€ i NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH 1311) I ' i STATE OF CALIFORNIA ) County of SAN1A-bY ,e_A ) 1 being first duly sworn deposes and says that he is -N i of S 1F=S S CON tS "C C theparty making the foregoing bid;that such bid is not made in the interest of or on behaifof 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 skarn 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 farther,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, i 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. 5 SIGNATURE On this the day of ,2012,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. (PL, Notary Public in and for said.State LAURA C.JEUNE Commission-#1866082 Notary Public-California z z Santa Barbara County My Comm.Ex lros Jc�n 21,2013 W 16 j I i , i ACKNOWLEDGMENT State of California county of Santa Barbara t On July 20, 21112 before me, Laura C. Jevne,, Notary Public (Insert name and title of the officer) personally appeared Scott A. Coleman € who proved to me on the basis of satisfactory evidence to be the per son(V whose name(4)WgK subscribed to the within Instrument and acknowledged to me that hel00ItNe/executed the some in his r/Mr authorized capacity(W,anti that by histbmdtbek signature(Jfi) on the instrument the persorO),or the entity upon behalf of which the person(4 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. LAURA c JEVNE WITNESS my hand and official seal. Commission#1855082 �a Notary Public-California z Z Santa Barbara County My Comm.Expires Jun 21,2013 e Signature € i I j I i € {E� i i, 17 , I II3$OND KNOW ALL MEN BY THESE PRESENTS,that we, Spiess Construction Co.,Inc. as PRINCIPAL,and Travelers Casu*t yand Sure Company . i of America as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OI~SAN JUAN CAPISTRANO,Obligee,hereinafler called City,in the sura of j $Ten.Percent(10%o)of fire Bid-: for payment whereof Principal and Suretv bind themselves, their 3 heirs, executors, administrators, Successors, and assigns,jointly and severally; fairly by theso presents,, i THE CONDITION OF THIS OBLIGA'T'ION is such that whereas the Principal has submitted � the accompanying bid dated Jul 26 2012,for the construction of"Sun Ranch Drainage Improvements, CII' 11543", for the CITY OF:SAN JUAN CAPISTRANO, Orange County,California.. t � 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 t ityin accordance with the bid as accepted; and if the.-Principal shall give the required.bcnd with;good and sVfficientsureties,or sureties farthe faitbU' performance and proper fulfillment of such contract and for the protection of laborers and matefalmen,or iii the event ofthdwiffidraWAI ofsald bid within the periods specified,or the failure t to enter into Said cmntract and give said:bond within the time specified,if'the Principal shall Within sixt 50 da after . Vest b the Ci the Ci the difference between the amount specified in Y( ) Ys Y City,pay City Pe said bid.:a'd the amount for which the City may procure the required work and/or supplies it the latter wpunt.be'iii exeess of the former;then the above obTig�tionshad be void-And of iib effectx k :otherwise to remain:m full force.and virtue. Further; as a part of the obligation secured hereby, and in addition to the faceamount specified therefore, ilipre shall be included costs-And•reasonable expenses and .fees;inchidiztg reasonable attorne =s fees,incurred by City in successfully en forcing such obligation f v ligation,all to be iaxed as costs and included in any judgment rendered. isi i Ilii WITNESS WHEREOF,the above-botrndet patties have executed this insoment under their ' - - - - F r - 18 ,E E !� 4 I several sealsthis. .18th dayof2412,the.naine'andcorporate sealofeacl corporate partybeing affixed hereto and these presents duly sigined byits undersignedrepresentative pursuant to authority of its governing body. ti i y Two Witnesses(Ifdndividual) Spiess Construction Co.,Inc. PRINCIPAL --,-- BY: C.c Title: SWI-r A,COLGMM1 P,�s).iv7- ATTEST(If Corporation) # a Corporate Seal Travelers Casualty and Surety Company of America € iSURIT ATTEST IBX: i Tine: Erin Bautista,Attorney-in-Fact Title#` I SC� T,�►-�2, �— APPRO'VIM AS TO FOAM: f Omar Sandoval,City Attorney 3, 19 i ACKNOWLEDGMENT State of California County of Santa Clara an July 18, 2012 before me, Jean L. Neu,Notary Public (insert name and title of the officer) personally appeared Erin Bautista l who proved to me on the basis of satisfactory evidence to be the person()whose name(4 is/we subscribed to the within instrument and acknowledged to me that N&she/#W executed the same in i lherMeir authorized capacity(te*and that byAiWherAkWr signatures}on the instrument the personal),or the entity upon behalf of which the person(,)acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. f WITNESS my hand and official seal. JEAN L.NEU Comm€salon#1981335 .~ Notary Public-California z Z ' j Santa Clara County A Comm,Ex ires hear 1,2014' Signature (Seal) i I I , l i - 20 Addendum No. I (July 16,2©12) City of San Juan Capistrano Sun Manch Drainage Improvements j THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A I-I through A l-4. I Date Received by Bidder: By: P�&-SS NSTRV -[t t- 'NC Bidder's omPani e l- ALL [ L Bidders Signature Typed or Printted Name I i I - € i € i k AddendumI-Sun RanchDminage-July 162012(2).dm PAGEA1.2 1 € 21 i r 3 Addendum No.2(July 23,2412) City of San Juan Capistrano Sun Ranch Drainage improvements i i TI41S PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A2-1 through A2-14, i Data Received by Ridder: By: �NS f N�i1�C . Bid4em Co p e Bid is Signature i Typed or Printed Name j i -A i i ]I i 1 I 22 J DESIGNATION OF SUIS-CONTRACTORS j Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of I California as amended,the undersigned certifies that he has used the sub-bids of the followinglisted f f sub-contractors in rmaking up his bid,and that the sub-contractors listed will be used for thework for f which they bid, subject to the approval of the Engineer, and in accordance with the applicable i provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract docwnents for Which a sub-contractor is not listed will be performed bythe undersigned through his forces. If no sub-contractors are listed,all bonds and insurance will,be written in the name of the general contractor only. ; Item of Work Sub-contractor License No. Address Phone &Classification L47 e 2. 4 � . 7 �- {'t' f� C# 91-.3111-5(),S3 5. 4-W8ec ) AN4 ItV 714"9..39 6 G 66 —t, 7. BIDDER'S NAME ` AUTHORIZED SIGNATURE s o-rr A. COLEMAn! Pta.&.',IpEN7 3 i I 23 i I I DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. i 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 ofthe followinglisted sub-contractors in making up his bid,and that the sub-contractors listed will beused for thework 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 3 called for in the contract documents for which a sub-contractor is not listed will be performed bythe undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub-contractor License No. Address Phone &Classification c J 2, Iic 7 C1 l�VC44 Q C=,4 9 .5-7YJ8 ftJ, A W5T� 6N+�Jt+ur� AC. 3• 3q 4. s. 6. s. GF1E.S COMM-U11104 Ito( . BIDDER'S NAME T^ AUTHORIZED SIGNATURE SrA�7 A. aL E M�14 PX&6,1pEt/7 i 24 City of San Juan Capistrano Bid Abstract Bids Opened:7/30112 1 2 3 4 5 s 7 8 Project. Sun Ranch Draiange Improvements,CIF 11503 Engineers Estimate Spiess Construction Sukut Construction Mckenna General Engineering Road Builders Raming Environmental Alcon Colorado Engineering Beador Construction So Cal Grading ITEM NO. ITEM UNIT QUANTITY ITEM PRICE TOTAL ITEM PRICE TOTAL IT PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL rrEM PRICE TOTAL ITEM PRICE TOTAL ......... ......... ............ ....._.,,__.__-..._' _..3 _.____-__,.......,..... ..._._,,...... __.._ ......... .....,.,,..-__ ___. 1 Mobilization LS 1 $ 4D,000,00 3 40,000.00 $18700000 $ 187,00000 $219,000.00V$ 219,0oatlD $225,00000, $ 225,000.00 6000D 60000.00 136000` 736000.00 152,66406 152.,66400 234879 23487900 137346,00 137946.00 ... ... m., .-..._.... _.., _�.� - - -_- _.-___.--- - --- - -- _ 7" TIr"M111: rary By-pass StromDrain System LS 1 _ 5 25,00000 $ 25,000.00 $ 20,3017.00 $ 24,300.00 $98,000.00 $ 98,00606 $ 2D,OD0,00 $ 20,000.00 63,0063 900 D0 95,000 15000 00 57,57800: 57,578 00 900,000 10000000 33 60000 33 600.00 - --- - - 61,00000 28,00028,000.00 21.16400 21 h64,DD 250002500000 11206.001 11200,00 ....... ------ --. -1 € ......... :........ .-......,_,.._t Surve __, L5 1, S 28,00000 $ 28,000.00 $ 17,000 OC- 5 17.00000 $--17,00000 $ 17,000.00 5 18.00000 5----- 18,00000 --- 6t,00tl!, .. .-- - ----- ......... !. : 28,000,00 $ 15 000 00 $ 15,000.00 $ tO,000.0O $ 1(,000 Oa $ 3,000.0 $ 3 000.00 -$ 15,000-04 $ 15,00000 62,000 62,000:0( 20 000: 20,000 00 13,.036-00 13.436 00 35000' 35 000.00 28000.00 4 ,Prepare and Implement SWPPP ._LS. ...... ...a.... . .... ......... .........- ------- ---.. .... _.._'_ .,,_............_. _____ __.___ ................ ........--- ----......... -......_ ---- --- .............--- ........ ...... 5 [ -- -... ^. ..... _ -. -_--- -__._.--OOO ODS 25-0.040.0( 169590.00 169590.00 `Cleanng&Grubbing - LS 1 5 55 000 E10 -$_V 65 000 03-5 742 ODD OD 5 142,000,00 $137,000 00'S -937,(00 00 $ 79 a&3.13 -$ - - 79, -_ i ... -_e _ - -_ I 083-13- - 235,f100 235 000AD........._ 150,0003 .... 150,000 00 125,788 00 125,7$8 90 250, '............._.. .90. 6 'Overexcavation CY 37,000 $ 25-00[ 5 92500000 5 425 5 157,250,00 $ 420 $ 155,40000 5 1692, 5 700,64800 0', 296,00000 1205 446,86000 6.17. 362,290.00 - 24 880,000.00 905 - -3$$,50(.00 7 4"PVC Perforated Subdram LF 1,875 $ 51 925.00 $ 28 OD_5 46,9D0,00 $ 35,20 $ 58,960.00 18 30,150,00 291: 41,875 00 28 46,900.09 283 46,900.00 :..:..... ..--- ._.... .... ..::. ......:.... ,_ .......,,,, -------$ 2&D0-5 -4187500--$-- 31-801 _.i._-. ,�_---`- ........._.. ............ ........_.,__..._ .. . ..... .....-. __ .__ _._- -- -- .,.._____ ....-- 6 Amport Fill CY 53,200 $ 16.00 S 851 2-00,(0 $ 7 DO $ 37244(1,00 $ 2-20 $ --117.040 00_$.....-..-----7,65 .-$....... ........406:3$0.00 .. 4i ........212,880.00 9 478,800 00 -.-........ 17 2 .915,U40 00 -.......-- 11 .....585,24000 20 2 1,074,64G 00 48 0 . 8 1 0.00 543 71 133.00 575 75 325 0D 40 1 0 04 9 -8 x 3 RCB Culvert LF 131 $ 650,00 $ 85 150 00 $ 762 00 $ 99,822,00 $ 663 00 $ 86,853.00 S 684 00 5 89,604 00 7$0 102,180 00 575 15,325 60 > 10 SD Box Culvert Transition LS --7-'', $ 15;000.00 $ 15,000,00 $ 5,200,00 $ 5,200 00! S 9,500.00 i$ 9,500,00 $ 18,000.40 S 15,000.00 6.30016,300,00 7,000 7,000.00 6, 3.00, 6,063.00 7500 7,500,00 15,686 00! 15,68-0.00 .. p - $ 9,800,06 $ 13,000 00 $ 13,000.00 s 6,600 00 S 6,800.00-- 9000_ 9,000 DO 9.900 9,900 00 6,277 DO' 5,277 00 2090020,000.00 0,848 CO, 8848.00 11 Inlet Structure L with Local Depression ressian FA 1 $ 10,000.00 $ 10,000 a0 $ 9,30000 .. _.,,..__"___. --- ------ ---- -- _- --.,.--'..-.,. _. .......... ............_ i - ........... -.._..... .............__....... .-..,.., --__ _-. ...................... ........ .....-- ................ E 12 ',Reinforced Concrete SO Pipe Collar EA 1 $ 1,200.06 S 1,200.OD $ 1,00000 $ 1,00000 $ 461.001 $ 481.00 $ 1,300001 $ 130000 4901 49000 650 650.00. 325 ---32500 175001 -_-- _17,50000 1,44500 1,445.00 .... ___ ...... ..... 13 ',,Brick and Mortar Plug EA 3 S SD0.00 $ 1,500,00 $ 400,08 r $ '€,200-QO $ 339.00 1,5 1,017.00 $ 52.5.00 1 $ 1,575.00 4601,380.00 425; 1,275.00 1681 504.40 1006'; 3000.00 437 1,311.00 14 48"RCP Storm Drain(2000 DI Thick Wail Pipe LF [ 1,457 S 225.00., S 327,825.00 S 171,00 $ 249,147 00 $ 191.00 $ 278,287 00 $ 19600 5 -- 288,486.00 - _- 15C 218,550 00 237 345,349 nO 201 292,857 00 165 240,405.00 216.,. 314 712 00 15 :36"RCP Storm Drain 2000 D Thick Wail Pi - LF 36 i $ 300.00: $ 10 800.00 $ 225,00: $ 8, - -- 13 i 14,400 DD 19s 7,164 00 236, 3,280.00 2581 9,2.88.00 ( I Pe I - -_ ... ........... I .... .................--- 10000 _........ 23203..._.��. 0 -- 370 .. -... --...__ -- _-__ ... _---- ..-.. .....,............._. - i ]) S 4,36000 S 18560 5 6856.00 800 8,00006 5651,' 5,65000 196; 1,96000 2001 2,000.00 2461 2,46000 16 30"RCP Storm Drain(2000 D) --------- --- - __-_ LF ----- 10 $ 300 00 I $ 3,000 DO .. .410,00, ,$ ....._4:100 DO..._...__ 436.00 ----....... _......._........ .- _..---- _- -. .......__. ............. . .........-- t -___.__-- - _ _ _ ;......---- 17 24:RCP Storm Drain(€500 D)Thick Wall Pipe - - - LF 130 $ 150.00 11 5 19,500,00 $ 195.00 $ 25,350.00 $ 334.00 $ 43,420.00 S 7e.00 $ 10,140 00 2001 2fi,000 00 _ ----- 200 - -26,000 00 _ 1351 - 17,550.00 '€55 - 20,16000 -_ 224 29,120,00 ........ ........................_,_, __. -. -_ ------- ------__. -_ ---`...,... .......------- _...... .........._..-.. _ -_ ..- - 18 12-inch Non-reinforced Concrete Pipe LF 98 $ 65 DO $ -- _6 376.00--$ 76 00 $--- 7,448 Ofl $ 77.00 $ 7,546.00 -S 06 D0,-$----- 6,428.00 130 12,740-04 85 8,330,OO 63 6,174 00 67� fi,566 00 123 12 054,00 P 19 ;8"PVC Sch 40 Non Perforated Pie LF 380 $ ---^ -18.00 S 6,840.00 $ 31.00 S 11,780,00 $ 45-00 $ 17,100.00 $ 3520€ 5 13,376.00 35 13,300.00 47.51.-- 16,050.00 42 15,960.00 44, 16,720.00 55 20900.00 --------. ............ ........... ___ ... ......--- -- .............. ...__. --_ __. ___ _. .... ........ ----- --- --- 20 €8"PVC Clean out EA 2 $ 750.00 $ 1,500.00 $ 445.00 890.00 $ 1050,00'S 2,100,00 $ 4fi2.00 $ 924.00 770: 1,540.00 575' {,150-00 1,087 oa 2 174 00 1000E 2000.00 1232 2464-00 ' $ 21 EGrauted Rip Rap SF 140; $ 40.00.$ 5,600.00 5 22.00 $ 3,080.60 $ 20.00 $ 2,890,00 $ 15.80 S 2,2120-0 26 -_-. 3,640 00 ---22 6 3,164 00 31` 4340 00 35_ 4,50;)00 22 3 080.00 - ....... ..._-, . ... ....... _..._ . -. __ ......... - - -- - - ... .................... ....... -- - ..__.. ....... ......... - --- - - D aD --�- _..__ -,.. - _ - - 3 Vas 0,000 o ao 4,600. tl Dtl C,1 a_cD D DOD 712.o 22 Rack Rock Stabilizer FA $ 1,206 00 $ $ $ $ 2,000.00: S S 0 i _ ....... ..._._..- _..._..... .............._. _ _-- __--. 37,200,00 6.076.0] 36,456 OQ 4600 27,660.00 5 34272.00 .._.... ....__-- .. .... ..,. ._.,.. - ._- e __-___. -____-__ $ 22.800 00 -5___6.400 00 5 38400 00 $ 2,160 04 S 12 600 24,000.00 6 200 00... ....... _ .... ____ __-.._,.,., ......... 23 StonnDralnManhale EA 6 $ 8,0000 $ 48060.00 $ 3,804.00 -- __ ........ -_.- __ ... ( EA 2 5 12 000 00 S 24 000 00 $ 4 300 OD $ 8,600 00 $ 6,70-0.00 5 13 400 00 $ 2,100.001 $ 4,200.00 4,200 8 400.60 5,600'', 13200.00 6 4$4 D12,968 00 5600 10,000,00 5,824 00 11 646.00 ---- -- - ..... . .......... __ _ -- -- 24 Low Flow Storm Dram Manhole I If 3 $ 1,$00.00 $ 10,800,00 $ 1,800.00 $ 10,800.00 $ 2-,800 00 $ 16 800.0-0 $ 1,700 Ofl 5 10200,60 1,600!, 9,600.00 2,150.00 1. 12,900 00 2,29500 00_ 13,770.00 2500 15 QDO 08 2,12$00 12 768.00 25 Storm Drain Junction Structure EA 6 11 I - ---- _-_- - ---.-_- ................. ........ - ____- -- - .... ......__ .-.. -..... ....... -- 26 36"CSP Type V Riser Inlet EA 3 5 6 OOO OD $ 10 OAO $ 2 600.00 $ 7,800 OC $ 5,000 00 $ 15,000.00 $ 2 904.60 $ 8 700 00 5,000 15,600.00 4 500 00 13,500 DO 2 633 001 7,899.00 5000 15 000.00 6,048 001 18 144 00 _{.,.-. OO.__ .............. ......... ...---- ............. ........ ._--__ ____.---- - - _. __„_...,..,,. .---- ----........ ......_._.._ ____- - -- ____- .. ......... --- -._ ....... _. ..,.........___.. 27 DG Access road with Terra Call Reinforcement 15.225 $ 14.00 58 $ 213,150.00 $ 3.85 $ 616.25 $ 4.00 $ 50,900.00 $ 4.00 $ 60,960.00 5.3 80,692 56 6.8- 103,530 00 9, 137,025 OD 4 60,900.DO 8: 121,800 00 -_._ ------ SF :--- -- ____. _.._ ____ ................ .......... _ .. ___-. .--- --- - -. -__..._,.... ....._.. ... -..-- -.... - _.. ._._..._-.,.__ _.... ........ .........-----. .....- 26 Masonry Screen Wail,Type 1 LF 1404 _--_---- 152 00 V. .._... .......L..5 .....266,780 00 S 97 00"........5 ..............138 188 00 ----_-146 196.560 00_ _... 206;....... 289.22.0 0a ,:.........- 178 -249932 00 -..- 210,-.-.....294,840.00----222 ............311:6$8.60 -- $ 55,04 $ 91,260,-00 $ __-15 213,40600 $ 19000 - [{ 29 e6'P,ChainL,I,Fence -- - LF _- 1,775 $ 25,00 $ 44,375,00 $ 2600i $ 46,150.09 5 3000,,,$ 53,250,00 $--- 22.60E $ 40,115.00 23 40,625.00 22.8 40,470.00 29 --- 51,47504 22 39,050.00 29 51475,00 30 4'Hi Chain Link Fence LF 1.368 $ 20,00! $ 27,320.00 $ 16,00: $ 21,856 00 S 22 00 .. .. ......... ..-._....... -- -- ____ .. _. -._ --_ -- -_._._ -..._.. ..... __j 'S 30,052.60 $ 1 64 0€ 5 19,124 DO 141 19,'$2400 16 21,85600 t8 2458800 15 2-0.49000 21 28666.00 - 1439 70_00 3'Chain Link Walk Gate .00 73D� 9,490 00 850:- EA 13 $ 050 00 $ 11 050 00 $ 920.00 $ 11 960.00 $ 1,500 00 i$ 19,500 00 $ 722 00� 5 9 256 11 050 00 926 12,038,00 100( 13,000-40 00' 1 87 32 €6'x24'ChainLink Drive Gate EA 1 $ 2,50000' $ 2,500.00 $ 2,700.00 $ 2,700.00 $ 3,100,00:5 3,100-00 $ 2,800.00 $ 2,80000 2,900' 2,900.00 2,700, 2,700.06 3,660,00; 3,66000 3000' 3,00D.00 3,002.DOJ 3,002-00 :..,.,:.__ _... -.,.-_..,..,..-....,.w.,-. ._„ ................................ ......... ..._..__-__ ___ ......... .... ............................g.._ __..-- -- _.--_ ......___ __.. __ __ ____-.. ........... -. ....,.. P _ ...... . - ... 33 Graded Channel Improvements SF 26 000 $ 4,00 $ 104,000.00 $ 0,80 $ 20,80000 S 1.30 5 33,800 OD $ 1,50 $ 39,000,00 1:3 28,600 00 1 26,0-0000 fl 42 10,920 00 1 51 39,000,00 1 81 46 800.00 [ ..... ............... ...-...._.. _._,._. -.-.. .; 18,000.00 O 45 9 000.00 34 Riparian Landscape Planting _-_-- - SF 1, ---__-[- _ $ 120.000 00--$_ 1 01). 5 20,000,00 $ 0.46 $ 9,200 00 $ 040. $ 8,00000 04 GOOD aD 045 ...9,000 flR -.-- 0 52-.---- v .10,400 OO .--._....._ 0 g ............... __. __... . :...._.... ...-_.,.,,. 35- Landscape Planting for 32192 Paseo De Manuel LS 2©000 1 $ 5,750 00 $ 5,750.00 5 4 400.00' S 4,400,00 5 4 400 00-$ 4,40(00 S 3,600.001$ 3,800 00 6,500, 46,500,00 4 300, 4,300 00 ----A 940 0R, 4,940 00 --14 6000 8,0D0 00 4,256.00 4,256 00 I p g ...................................... .................................... Landscape Plantin for 32181 Paseo tie Manuel LS 1 S 11,500.00 ... .�..... ..... ......... --___ __._. , ....... ...... 36 � p g � $ i 1,560-Qfl 5 7,400 00 $ 7,400,00 $ 7,600 0D $ 7,600 00 $ 6 500 00'1 S 6 500.00 9,340! 9,300 W 7 300 7,300 00 8,450.001 8,450 00 23060 13,€100.00 7 280 00 7,200.00 ......... ...................... ... ................... ENCLOSURE 1 City of San Juan Capistrano Bid Abstract Bids Opened:7130112 1 2 3 4 5 S 7 8 Project: Sun Ranch©raiange Improvements,CIP 11503 Engineers Estimate Spiess Construction Sukut Construction Mckenna General Engineering Road Builders Fleming Environmental Alcon Colorado Engineering Beador Construction 5a Cal Grading ITEM NO ITEM UNI QUANTITY ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRSCE TOTAL p g ._E_. --- I E --- -- ..._.._�,_.._....._ 37 Landscape for 32171 Via Alicia V 4 44 _-- - LS; 1` $ 2600.0 $ 2,0000-_-$ 2200.0 $ 22000 $ 2,200.0 S 2,209.0 $ 1,90000 S 1,900.0 4,500 4,5000 2,150 2,150,8 2,47000 2470.4 2100 2100.0 2,128,00 2,128-0 ...... ...... €[{ .,.___ __�.,_�...._.� ,�,..�..,.... �., .......... ......... ....... ........... ......... ... ....._..�.,�____................_�_�_.. __�� ._.... ......__-__ .. ------ --- ---- ---- 38 I Landscape Planting for 32151 Via Alicia LS 1€ $ 13,250.0 $ 13,250. S 8,4006 $ 8,400.0 $ 8,600.0 $ 8,609.0 $ 7,40000 5 7,400.0 10,00' 10,000.0 6,350.00 8,350,0 9,620,00 9,620.0 1406 14,ODO0 8,288.00 8,288:0 ....... ............... -----.. .---------- - -._...... - I -. ............... ............ .... ........ 39 Landscape Planting for 32141 Via Alicia LS 1� S 19,250. $ 19,250. $ 10,500.0 $ 10,5000 $ 10700,0 $ 10,700 Or $ 920001 $ 9200.0 1200 12,11W.01 10,350,6 10,360.0 11.,96060 11,950.0 2000 200000 io,3040P 10,304.0( --- -- 46 Landscape Planting for 32131 Via Alicia LS 1. $ 8,260.0c $ B,250 fl $ 5,300.0 --------- -$ _. 5,300.0( $4 5,400 9D-.$ 5,400.0( $ 4,600 6{1 $ 4.600 0 -__-- 7,5 ---_ _7600.0( _ J_5-20 - - V 5,2000( - 6,980 63 5 980. 850 8,500.0( 5,152.0 5,152.0 .€.---- {"-- ... i ----- - ----- 200.0 11700-OE_---:..,... 11.700.0 - 18500 18,500........ 1D,0$tlAIQ 10,000, 41 -Landscape Planting for 2.. Paseo De Juanita............. ......_.___ ___......._ LS 11--3 _ 17,5000( $ 17,500 $ 10,200 0 $ -.10.200 0 $- 10,5D0 0 $ 30,800.0 $ 9,000 DO S 9:000-0 120 12,0000( --___ 10,20b _ -__'1 Q_ _---..Y. _.v, ....._....__ _,.......................... ........ p g - + $ 11,200. $ 9,600,0 S 9,600. 12,500 12,500.0 10,800 90,800.0 12480.0. 12.480.0 18500 18,500.0 10,752.03 10,752Or - 42 Landscape Planting for 25861 Paseo De Juanita LS 1 $ 17 500 $ 17,500, $ 10,809 D $ 16,8000 $ 11 200 pp .................. ......_......... ----------. ........ .„ - -- ----- ------- 43 Landscape Planting for 25832 Cade Ricardo LS' 1, $ 3,125.01 S 3,125 O --$ 3 000 D, $ 3,DOO D $ 3,000.00: $ 3,000.0r $ 2,600,0 $ 2,600.0r 5,300 5,300.0( 2.950 2,950.0( 3,38000 3,3&0,0( 3200 3,200 M 2912 DO 2,912-0 44 Landscape Planting for 25822CalteRicar4o LS' 1,. $ 6,500.00 S 6,500.0 S 5,1000 $ 5,100.0 $ 5,200.00 $ 5,200.0 $ 4,500.011, S 4,5¢0. 7,200,��� ..,,_ .... - 0 5,04D.0 p 7,20©0 5;080 fl 5 OBD.tl 5,850 0b 5.850.0 710 7,000.0 5,040.8 _.... - _ -- ..... ........ ..... ..............------------- ----- 45 Landscape Planting For 25802 Calle Ricardo LS 17,875.06 $ 7,875.05 600.0 6 6tlD 0 5,700,00 5.7000( $ 4,900 Cl� 4,9000( 7,60) 7,600.0( 5,53) 6,530.W 6,370.0) 6 370.0 8101 8,100.0( 6,488.0) 5488.0 46 ; Landscape Planting.for 25782 Calte Ricardo _. LS 1� $ 7,'E25.D0 3 7,125,0 $ 4,660-06 $ 4 SDD D $ 4,706 DD $ 4,700.0 $ 4 oD0¢Cj $ 8066 D 7,00.......... 7,000. 4560 - 4,506.0 5,200.0 5,200,0( 7309 7,300.0. 4,480.0 4,480.0 :..:..............-- ................................................. ................._-...__W ._.._ ____„�n_------ ............... ..._ ...... ......--- - ........- _..........--- 47 Hydraseed tTR 16148) SF 66,03E $ 1-DD $ 66 00011 $ D_1C $ 6600.0 $ 0.10 S 6,600.0 $ 0 3D $ 18,840-0 0, 6,600-0 0-q 6,6000( O 1 7,320,0 0 N 6 BOD 0 0 6,600. 48 Straw Waddle Erasion Protection LF 1 65 2 3,465.0' 3 300-0 --- [ $ 3,195 0 $ 4 QO $ 6606,1 2. 4,298.0 2$ 4,125. 4,950,0 {- , - - ---..._................... ..._....-. .ill,.__. [_.------- $ 2-OD $ -_3,300.0 $ 2.00. $ -3,3006 $ 23q.___ 49 Comply&Implement Construction Permits LS 1 $ 10,000.00 $ 10,090,0 S 25,600.00 $ 25,60O.Or $ 38,900.00 $ 36,000.0 S 2,600.30 $ 2,600,0 27,000 27,000,0 5,500 5,5013.0 11,644.0 11,644.0 2500 25,000,or 22.409-00 22,400,0 _........ _� �__..�,.,. .,.,. .... ..,�...__.... -- -- ..>.......,..... .... ............ .............. ................. ..._...- -......._ --- ........._ - - ............... ......... ........... ......... i i.. 50 4"AC over 6"CMB Pavement 5F'. 4,10 $ 15,02 $ 61,890,0 $ 4.10,, $ 16,61CYN $ 6.00 $ 24,601)A $ 6.55 $ 26,856.0 f 24,600,0 6,2 25,420.01 6.613 27,183.0 1 24,600,1 6 24,600,0 ................... ............... .------i- _........... ................ .............. ............ ......... ......... ......... ....... ...... ...........-------------- I --....... .... .... ........ ............ 51 6'Temporary Chain Link Fence F� � 1,660 5.00 8 250.¢ 5 2 6D 4 125.0 2.00 3 300.0 4OD 6 600,6 ® 13 200,¢ 6. 9 240.0 14$50.0 11 550,9 11 16 35 D p ry L $ $ $ $ 5 ,. $ $ 9 7 � tl .[.[ .......... ........ '__._.. .............. .._ ..,.,.., .,......_., ......... ......_ ..._.___ ___......_ .._-_ ...._..__. 52 PCC VGutter LF 232 $ 2-Oq $ 464 Or S 2900 $ 6,7280,1 $ 5400 $ 12,528 Or 3200 $ 7,4240( 55 11,600-0 67 15,54401 66 13,926-065 15,000,6 34 7,886. .. ........ .......... ................. ......... ........ ............. -.... ....... ....... .. --- .................................................. . ......... .... 53 Geotechnical Testing&Slope Monitoring LS 1, $ 25.ODO.O $ 25,001)Ot 49,000.00 $ 4%00G.N 105,000.DO S 105,000,0 $ 16,060.00 $ 10,000.0 215,000 215,640.0 115,000 115,000.4 61,757 6P 61,757-6 50606 50,060,0 132,770,00 132770 0 . .... V ........ . ------ ----- ------� $ 5,100.0 1,70 1,700,0 1,975.00 1,975,0 1,425110 1425.0 250 �� 2,500,0-- 2,162-00 2,162,0 54 18"x.18"Storm Drain Inlet EA $ 2 5100 $ 1 700 00 $ 1,700 0 $ 1 300 0 $ 4,300 S 5 100 Of# [ ............ ........................................ ... __...... ..._,. {.... . ..,.,.. ....,. ..... _;.... ........ ...... ....... .......... ............. .....€...... ......... ........... li........._ ...............-_- ___. _ j _--_ 55 - ... $ 5,8000 220d 22,000.0 11,50 11,500. 7.549.00 7.540.0 1506 1,800,0 6,496.00 6,49&0 90 Calendar Day Landscape Maintenance Period for Private Property LS 1� S 1,800.00 S 1,800.0 $ 8 000 Oti 5 B4OOO.tl $ 5,800,0 $ 5,6100. $ 5,800,00 . .. ---- --------- _._. !,.......--- .._._....--- ----- - _.. ............... . .................................................... . .�.___ __--- ...... .._....,.... i I II . 55 365 Calendar Day Landscape Maintenance Period for Riparian Improvements LS 1l] ...... ....-----$ 4,8000 $ 4.800.0C $ 16,200.00 $ 15,200.6 $ 25,0¢0-DL $ 25,000,05 26,006.0 $ 25,00¢.0 42,60© 42,600.0 25r0OO 25,000.0 32,760.00 32,760.0 10000 10,000.0 28,224,00 28,224,0 ,.......... .... .,._ __..,,. _.. . -,---.---,..,__ , ...__._.... ., -,. ...... ... .... ._. -- __.__.... ...... . ....... 57 Rack Plunge Pool Per Pian Details LA: 2 5 3 300 72,6000,1 1,90000 41,60D 0 S 1 400OC30 800 O 840 OC S 18,4800( 3=0 66,0000 2 250 0 49 560.0 61 13442.0 $0 17 660.0 2 6$3.0 63,426.O _ ..... ........ ......:_._. .. € --_____ _______ ____-- _---_- -_- _ 10,200-D 155 15,510.0 SDDOO fi 6,0000 58 Select Dative Soil Material CY 1 DO $ 25-00 $ 25,090,9 $ 4 W $ 4,601 O S 5 6 $ 5,6p0,o $ 7 4 $ 7,450.0( 25 25,060.6 1D. Total Sid Price $3,800,654, ......... ....... ......... ........_,,, __,....., ... __. ______ $2,094,645.25 $2,169,821.66 $2,529,636.13 2,439,971.50 2,775,372.66 2,934,728.80 3,447,386.00 3,487,944.00 Christ Jaltl From: Joe Mankawich Sent: Tuesday, August 07, 2012 3:46 PM To: Christy Jakl Subject: FW; Supplementary Agenda Report - Item D13 (Sun Ranch Drainage Improvement Project) Attachments: 12-0807_CC_Dl3_Supplementary.pdf FYI JOE MANKAWICH ASSOCIATE ENGINEER CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 487-43]3 From: Joe Mankawich Sent: Tuesday, August 07, 2012 1:30 PM To 'TIM@MCKENNAGC.COM'; 'BIDS@SCCITANKS.COM'; 'RZWICK@SUKUT.COM'; 'ROXANA.GALVEZ@BEADOR.COM'; 'PFLEMING@FLEMINGENVIRONMENTAL.COM'; 'RAVI.LAD @BEADOR.COM'; 'KEITH @SOCALGRADI NG.CO M'; 'JIM.ROADBUILDERSINC@VERIZON.NET; 'INFO@ALCONCOLORADO.COM' Subject: FW. Supplementary Agenda Report- Item D13 (Sun Ranch Drainage Improvement Project) Good Afternoon, City Council Award Item for the Su Ranch Drainage Improvement Project (CIP11503). Kind Regards, JOE MANKAWICH ASSOCIATE ENGINEER CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)487-4313 From: Maria Morris Sent: Tuesday, August 07, 2012 12:39 PM Cc. !SJC-Executive Staff; Omar Sandoval; Christy Jakl; Manny Ruelas; Joe Mankawich Subject. Supplementary Agenda Report- Item D13 (Sun Ranch Drainage Improvement Project) Good afternoon, oon, Attached is a upplelne lt2ry Agenda Report for item DI 3 (Sun ranch Drainage Improvement Project). Have a greeafternoon!! The City Council has been blind-copied. Maria Morris City Clerk City of Sart Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, 92675 (949) 443-6309 (949) 493-1053 - Fax z 81712012 D13 .\i 3961 1776 LL-�� Pte^ City of San Juan Capistrano Agonptecor ort TO: Karen P. Brust, Cit M na FROM: James G. Ro�nterim Df Public Works Prepared bey J e Mankawich, Associate Engine k DATE: August 7, 2012 SUBJECT: Consideration of Award of Construction Contract — Sun Ranch Drainage Improvement Project (CNP 11503) (City Council Fiscal Years 2012-2013 and 201.3-2014 Additional Priorities) RECOMMENDATION: By motion, acknowledge the receipt of all bids and award the contract for the Sun Ranch Drainage Improvement Project to the lowest responsible bidder. EXECUTIVE SUMMARY: On June 26, 2012, the City Clerk released the Notice Inviting Bids for the project. Bids are due to be opened on July 30, 2012. If the bids are without question, staff will present the results of the bid and a recommendation to the City Council via a Supplemental Report at its August 7, 2012, meeting. DISCUSSION/ANALYSIS: As a result of a Settlement Agreement entered into on December 15, 2010, between Martin E. and Marion E. Scalzo Family Trust (SFT) and the City of San Juan Capistrano (City), the City has agreed to improve the existing earthen drainage located west of Del Obispo, between the SFT and Sun Ranch properties. The agreement also stipulates that the final design be in accordance with the draft conceptual plans, prepared by Hall & Foreman, Inc. in 2007. In order to comply with the executed Settlement Agreement, this project is required to be completed by June 30, 2013. FISCAL IMPACT: The estimated cost to construct the Sun Ranch Drainage Improvement Project (CIP 11503) is $2,884,250 which has been included, with an additional 12% contingency, in the Fiscal Year 2012-2013 Capital Improvement Program for a total construction cost of $3.23 million. Staff will return to City Council with a final budget recommendation based upon the actual bids, which will be presented at the August 7, 2012, meeting, City Council Agenda Report August 7, 2012 Page 2 of 3 ENVIRONMENTAL IMPACT: This project has been evaluated by the City's Environmental Administrator in accordance with Section 21080(c) of the California Environmental Quality Act (CEQA). At its June 19, 2012, meeting, City Council adopted a resolution approving a Mitigated Negative Declaration for the project. Due to the fact the project is located within an existing natural drainage, the City is required to acquire the following agency approvals: ■ Approval of a Section 1000 Streambed Alteration Agreement by the California Department of Fish and Game (CDFG). Approval of a Section 404 Permit by the United States Army Corps of Engineers (USACOE). Approval of a Section 401 Water Quality Certification by the California Regional Water Quality Control Board (CRWQCB). Staff received the CDFG approval on March 21, 2012, and is working closely with the USACOE and CRWQCB to receive its certifications prior to commencing work in September 2012. The City cannot commence construction without these certifications being in place. On July 17, 2012, Staff met with representatives of these agencies and received final clarifications on the proposed improvements. Staff has modified the design of some of the streambed retention facilities to meet agency recommendations and has sent these by addendum to the participating contractors. See Attachment 1 for the revised plans. These plans have been designed to meet the requirements as set out in the Settlement Agreement with the Scalzo Family Trust. The agency representatives also request that the City provide a preservation mechanism to insure that the required stream bed mitigation remains in place and is properly maintained. The City Attorney is currently reviewing this request. PRIOR CITY COUNCIL REVIEW: ® On May 17, 2011, the City Council approved the design contract with Hall & Foreman, Inc. for the design of the project. • On June 19, 2012, the City Council approved the Plans, Specifications and Estimates for the project. They also adopted a resolution approving a Mitigated Negative Declaration for the project. COMM ISSION/COMMITTEEIBOARD REVIEW AND RECOMMENDATIONS: Staff presented this project to the Utilities Commission at its July 17, 2012, meeting. There were no comments by the Commission. Staff had previously brought this project before the Planning Commission on April 10, 2012. At that meeting, the Planning Commission recommended that the City Council adopt a Mitigated Negative Declaration for the project. City Council Agenda Report August 7, 2012 Page 3 of 3 Staff also held a Stakeholder Scoping Meeting for this project on March 13, 2012. The meeting was noticed to all residents within 500 feet of the project. Staff presented the project and took comments and questions from the 10 residents that attended the meeting. NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(8), Notification Procedures, a public meeting notice has been mailed to all property owners (as listed on the Orange County Real Property Tax Assessment rolls) within five-hundred (500) feet of the project. Hall & Foreman, Inc. Keeton Krietzer Consulting ATTACHMENT(S): Attachment 1 — Revised Plans ATTACHMENT 1 REVISED PLANS Due to the size of the Sun Ranch Drainage Improvement Project (CIP 11503) Plans, a copy has been provided to the City Council for review. In addition, a copy of the attachment is available for public review at the City Clerk's Office located at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. SAN JUAN CAP9S't"RANO,C �,- SAMALLEVATO (949)493-1171 n[, s+r,tII GR4EJRkFRFS ; anjruxrrza rz:9rr tart.rrr � sau,ru LARRY <rs R( 4 }lt33a OtM�e ,EFV� J014N TAY]DR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN ,JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, August 7, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Construction Contract — Sun Ranch Drainage Improvement Project (CIP 11503) (City Council Fiscal Years 2012-2013 and 2013-2014 Additional Priorities)" — Item No. D13. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, August 6, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano,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: cit clerk sanjuanca istrano.or Maria Morris, CMC City Clerk cc: Hall & Foreman, Inc., Keeton Krietzer Consulting St`o,fawl Capsfi"{nv. P C:.§ervif eT Me Ls:3a'a �0 Enhd ,Fl (he PF nir 6/1912012 AGENDA REPORT 12a TO: Karen P. Brust, City Ma A d FROM: James G. Ross, Interim Public Works Director SUBJECT: Consideration of Approval of a Mitigated Negative Declaration (MND) and Plans and Specifications for the Sun Ranch Drainage Improvement Project (CIP 11503) (Hall & Foreman, Inc.) RECOMMENDATION: By motion, 1. Adopt a Resolution approving a Mitigated Negative Declaration for the Sun Ranch Drainage Improvement Project, and; 2. Approve the Plans and Specifications for the Sun Ranch Drainage Improvements Project (CIP 11503) prepared by Hall & Foreman, Inc., and; 3. Direct the City Clerk to advertise the project for competitive bids. SITUATION: Summar, Recommendation: y and Rec, „._ As a result of a settlement agreement entered into on December 15, 2010, between Martin E. and Marion E. Scalzo Family Trust (SFT) and the City of San Juan Capistrano (City), the City has agreed to improve the existing earthen drainage located west of Del Obispo, between the SFT and Sun Ranch properties. The agreement also stipulates that the final design be in accordance with the draft conceptual plans, prepared by Hall & Foreman, Inc, in 2007. In order to comply with the executed Settlement Agreement, this project is required to be completed by June 30, 2013. Please see Attachment 6 for proposed project timeline. Based on the fact that Hall & Foreman, Inc. was the preliminary design engineer and has extensive familiarity with the project, and because time was of the essence, staff recommended, and City Council approved, the design contract with that firm on May 17, 2011. Hall & Foreman, Inc. has completed the Plans, Specifications and contract documents for the Sun Ranch Drainage Improvement Project (CIP 11503). The City is proposing the construction of approximately 1,500 linear feet of buried 48-inch diameter reinforced concrete pipe (RCP) storm drain pipeline along a natural drainage course adjacent to Agenda Report June 19, 2012 Page 2 Tract 6742 in San Juan Capistrano. The proposed pipeline will accommodate peak storm water flows. Site work will also include modifying the surface grade elevations along a dedicated easement, which varies in width from 30 feet to 40 feet, in order to control low flow surface drainage. Up to 12 feet of fill will be placed over existing grades, however, most of the grade modifications will be on the order of five feet or less. The modified drainage channel will be delineated with low retaining walls, backfilled level until the grade blends into the ascending topography on either side of the easement. The easement will be planted with native flora. A 10-foot wide maintenance access road is also planned within the easement, with the alignment centered above the buried storm drain pipeline, with a total length of approximately 1,350 feet. The proposed drainage improvements are shown in Attachment 1. Implementation of the proposed project will achieve the following intended specific objectives, which have been identified by the City of San Juan Capistrano: • Comply with the provisions of a court-ordered Settlement Agreement requiring the construction of public storm water drainage improvements within the existing drainage channel between Sun Ranch and the Scalzo Family Trust property. • Construct a drainage channel that will serve the surrounding drainage area and provide effective storm water management consistent with the goals, policies and recommendations of the City's "Master Plan of Drainage." • Construct a drainage channel that will comply with the City's public facility design standards while incorporating natural features. • Maintain the channel alignment within the existing 40 foot wide drainage easement and minimize encroachment into adjoining properties. Create wetland area to mitigate the removal of areas of existing wetland consistent with U.S. Army Corps of Engineers (USACOE) and California Department of Fish and Game-required permits. Public Works and Utilities staff has thoroughly reviewed the documents and find that they meet City specifications and requirements for Public Works construction. Staff therefore recommends City Council approval of the Plans and Specifications for the Sun Ranch Drainage Improvement Project and direction to the City Clerk to publicly advertise the project for bid. Mitigated N.2 ative Declaratipra. This project has been evaluated by the City's Environmental Administrator in accordance with Section 21080(c) of the California Environmental Quality Act (CEQA). On February 3, 2012, the Environmental Administrator determined that with the implementation of mitigation measures, this project will not have a significant effect on Agenda Report ,lune 19, 2012 Page 3 the environment. As a result of that determination, the City issued a Mitigated Negative Declaration. The Mitigated Negative Declaration (MND) includes mitigation measures to address the project's potential air quality, water quality, noise, and cultural resource impacts. The Draft Mitigated Negative Declaration for the proposed project was made available for public review and comment pursuant to the CEQA Guidelines, Section 15073 for a period of 30 days, commencing on February 3, 2012, and ending on March 5, 2012 (Attachment 3). The City received no comments during this review period. Staff recommends adoption of the resolution approving the Mitigated Negative Declaration for this project. Agency Permits: Because the project is located within an existing natural drainage, the City is required to acquire the following agency approvals: ■ Approval of a Section 1500 Streambed Alteration Agreement by the California Department of Fish and Game (CDFG). ■ Approval of a Section 404 Permit by the United States Army Corps of Engineers (USACOE). ® Approval of a Section 401 Water Quality Certification by the California Regional Water Quality Control Board (CRWCQB). Due the time sensitive nature of the project, staff set up on site meetings with USACOE and CRWQCB representatives in August 2011. The meetings were successful in revealing to the agencies the environmentally changed nature of the drainage. The drainage had lost most of its natural value as native flora and fauna had been replaced by non-native invasive species. Applications to each of the agencies were submitted in early February. Since that time the City's biological/agency permit consultant,Glen ukos and Associates has been in close communication with the resource agencies. Staff received California Fish and Game approval on March 21, 2012 and is working closely with the USACOE and CRWQCB to receive their certifications prior to commencing work in August. (Attachment 5). COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Staff will present this project to the Utilities Commission at their June 19, 2012, meeting. Staff will forward any Commission comments to City Council as a supplement to this report. Agenda Report June 19, 2012 Page 4 FINANCIAL CONSIDERATIONS. Hall & Foreman, Inc. has prepared the attached Engineer's Estimate for the Project. The estimated cost to construct the Sun Ranch Drainage Improvement Project (CIP 11503) is $2,884,250 which has been included, with an additional 12% contingency, in the proposed Fiscal Year 2012-2013 Capital Improvement Program. Staff will return to City Council with a final budget recommendation upon opening bids for the project in July 2012. NOTIFICATIONS: Pursuant to Title 9, Land Use Code, Section 9-2.302(g), Notification Procedures, a public meeting notice has been mailed to all property owners (as listed on the Orange County Real Property Tax Assessment rolls) within five-hundred (500) feet of the project. Hall & Foreman, Inc. Keeton Krietzer Consulting RECOMMENDATION: By motion, 1. Adopt a Resolution approving a Mitigated Negative Declaration for the Sun Ranch Drainage Improvement Project, and; 2. Approve the Plans and Specifications for the Sun Ranch Drainage Improvement Project (CIP 11503) prepared by Hall & Foreman, Inc., and; 3. Direct the City Clerk to advertise the project for competitive bids. Res ectfully submitted mitted ...�..,a '� Pr�p�-ed- J es G. ss i,,, Joe II�I4nkawich ` imerim Public Works Director xA sociate Engineer � Attachments: 1. Plans and Specifications'f 2. Engineer's Estimate 3. Notice of Determination 4. Resolution 5. Agency Leiters 6. Project Timeline 7. Project Location ATTACHMENT I PLANS AND SPECIFICATIONS Due to the size of the Sun Ranch Drainage Improvement Project (CIP 11503) Plans and Specifications, a copy has been provided to the City Council for review. In addition, a copy of the attachment is available for public review at the City Clerk's Office located at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. ATTACHMENT 1 Printed on:June 13,2012 at 5:23 PM Sun Ranch Drainage Preliminary Estimate HFI Project Number:110182 Description: ITEM No, IT.EM 93711MATED QUANTITY ........... Mob ization Im LS 1 $ 40,000.00 0,000.00 1.__......... .... ...25,00006-i_... .................. 2 .TemBy-pass Strom Drain System LS25,000,00 .. ......... ............ 3 Project survey LS -10 29,900.06 .. .......... . ............ .......... 4 'Prepare and Implement SWPPF LS 15,00000 75,00600 .......... 5 Clearing 8,Grubbing LS 1 I $ 55,00000 55400.00 ................... ................... ........... .......... 6 Civerexcavation .............. CY V oiao $ 2300 851000.00 ............ 7 IS'i Perforated Subdrain LF $7,500.00 ........... ........ ..... Import Fill C,( I 54,200 $ 1500 813,00000 .......... L. ............. 9 18 x 3,RCB Culvert LF 116 $ 50000 5d,000 00 ............... ..................I -- — ..- — I-- — -- - 10 ISO Box Culvert Transition LS t 18,000.00 18.00000 ... ........- i Inlet Structure,L.-21%with Local Depression EA 1 $ 10,000.00 10,00000 .. ....................... ............ . ............ 12 Reinforced Concrete SO Flips Collar FA 1 6 s 11 1,200 00 7,200.00 .................... 13 148"RCP Storm Drain(2000 0)Thick Wall pipe LF 1,590 s 206.00 300,000.00 .—A- 14 36"RCP Storm Drain(2000 0)Thick Wall Pipe LF 50 I $ 175,00 8,750.00 ........... 16 30"ROP Storm Drain(2000 D) LF 10 $ S0000 3,00000 ........................ 18 124:ROP Storm Drain(WO 0)Thick Wall Pipe LF 2FX 150.00 37,500.00 ............ . ...................... .......... It 8"PVC Sch,10(Non Perforated Pipe) LF 300 16 iGrouted pip Rap SF 200 s 40 00 9,006.00 ................ ................... 19 ROC,k Rock SfaWizer EA 1,20000 36,00000 ................... .. ............. . ......... .......... 20 Storm Drain,Function Structure EA 7 $ V00.00 55,000.00 ................... 21 Low Flow SD Junction Structure EA 2 1 $ 12,000.00 24000,00 .......... .......... _J................. 22 136'CSP Type V Riser Inlet EA S $ 4,000.00 12,000.00 ..A............ 23 DG Access road with Terra Cell Reinforcement SF 14,000 $ 8.00 112,000.00 .24 'Masonry SneartiRetaining Wall(Scalzo Property) Lr 1 1,400 $ 55901 9100640 25 i6'Hi Chain Link Fence LF E 1,800 45,000,00 .. ........ . ...................... 26 4 H Chalon Link Fence LF j 1,500 1 s 20.00 3p 000.00 ................. 27 l6 x 4'Chain Link Walk Gale EA 12 $ 860.00 10,200,W 28 Graded Channel improvementsI I LF 1300 S 1500 ........... . ............ 29 Landscape planting for Drainage Channel ........... .. .......... 26,000 $ 3 00 78 00000 30 !Private Property Landscape lmprovoments SF 10,000 $ 3.00 31 yydrosaed ........... SF 8000 5 200 le,000.00 ..........- ....................... 32 --iStraw Waddle Erosion Protection LF9,206 s 1.00 i ........... ... ....................... 1,200.00 33 Comply&Implement ConsfiuctionPermits LS j $ 3,006.60 3,009.00 Subtotal 4,250 Contingency(12%) .. .................. .. ................ 338,750 Project Total 3 223,000 . ...................... ......... ..................... . ............. ATTACHMENT 2 above far use b Gaunt Clerk-Recorder's Office on! NOTICE F DETERMINATION From: Community Development Department 32400 Paseo Adelanto San Juan Capistrano,California 92675 TO: FROM: Orange County Clerk-Recorder City of San Juan Capistrano PO Box 238 Environmental Administrator Santa Ana, California 92702 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Filing of Notice of Determination in compliance with Public Resources Code, Sections 21108 and 21152. SCH No.: 2012021007 Lead Agency: City of San Juan Capistrano Project Mgr,: Joe Mankawich, Associate Engineer; (949)487-4313 Project Title: Capital Improvement Project (CIP) 11503, Sun Ranch Drainage Improvements Applicant: City of San Juan Capistrano; Public Works department Address: 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Location: The project site is generally located southwesterly portion of the City of San Juan Capistrano, west of Del Obispo Street and extending approximately 1,700 feet in length from a location east of the Cook Reservoir to Del Obispo Street, Description: Construction of the Sun Ranch Drainage Improvements, which consist of installing approximately 1,500 linear feet of buried 48-inch diameter reinforced concrete pipe (RCP) storm drain pipeline along a natural drainage course along the southwesterly side of Tract 6742 in San Juan Capistrano. The pipeline will accommodate peak storm water flows. Site work also includes modifying the surface grade elevations along a dedicated easement, which varies is width from 30 feet to 40 feet, in order to control low flow surface drainage. This is to advise that the City Council of the City of San Juan Capistrano, as Lead Agency, approved the above described project on Tuesday, June 19, 2012 and determined that: 1• The project will not have a significant effect on the environment because the mitigation measures adopted as part of the project approval reduce all project impacts below a level of significance. 2. A Mitigated Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were adopted and are reflected in the approved Mitigation Monitoring Reporting Program (MMRP), 4, A Statement of Overriding Consideration was not required and therefore, was not adopted. 5. Findings were made pursuant to CEQA. ATTACHMENT 3 Notice of Determination (NOD) City of San Juan Capistrano CIP 11503- Sun Ranch Draina e lm rovements a e Furthermore, this certifies that the Mitigated (Negative Declaration with comments and responses and the record of project approval is available to the general public for review in the Development Services Department, 32400 Paseo Adelanto, San .Juan Capistrano, California. Wiljam A. Ramsey, AICD Assistant Director, Development Services Department Environmental Administrator RESOLUTION NO. 12-06-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE SUN RANCH DRAINAGE IMPROVEMENT PROJECT (CIP 11503) WHEREAS, the Public Works Department has prepared plans for the Sun Ranch Drainage Improvement Project(CNP 11503) and such installation is consistent with the recommended water facilities improvements contained in the City Council-adopted Storm Drain Master Plan (SDMP) and, WHEREAS,the proposed projects have been processed pursuant to Section 9-2.337, Public Improvement Plans and Outside Agency Development Review of the Land Use Code; and, WHEREAS, the City of San Juan Capistrano Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines-, has determined that the project qualifies for issuance of a Mitigated Negative Declaration (MND), has issued a Negative Declaration pursuant to Section 15070 of those guidelines and has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines. The City has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970) and all recommended mitigation measures have been incorporated herein; and, WHEREAS, Draft Mitigated Negative Declaration for the City of San Juan Capistrano Sun Ranch Drainage Improvement Project CIP(11503).was made available for public review and comment pursuant to the CEQA Guidelines (Section 15073)for a period of 30 days, commencing on February 3, 2012, and ending on March 5, 2012; and during this review period, the City received no comment letters. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby makes the following findings based on substantial evidence in the record with respect to compliance with the provisions of the California Environmental Quality Act: 1. Pursuant to California Environmental Quality Act (CEQA) Guidelines (Section 15074), the Initial Study/Mitigated Negative Declaration (IS/MND) considers all potentially significant environmental effects of the proposed project and is complete and fully complies with all requirements of CEQA and the Guidelines and, 2. While the project could result in potentially significant air quality impacts as a result of construction-related emissions, proposed air quality mitigation measures to address PM10 (particulate matter less than 10 microns) and PM2.5(fine particulate matter less than 2.5 microns) will reduce such impacts to a level of insignificance. ATTACHMENT 4 3. A biological survey of the subject property was conducted by Glenn Lukos Associates (GLA) in order to document the biological resources that occupy the site and the species of plants and animals that are supported in that habitat on the site. The survey found that the project could result in potentially significant biological impacts as a result of construction related activities. However, the proposed biological resource mitigation measures which manage the construction time period and require Resource Agency permitting will reduce such impacts to 'a level of insignificance. 4. The project could result in potentially significant cultural and paleontological resources impacts as a result of construction related activities and ground disturbance. However, the proposed cultural resource mitigation measures which provide for archeological and paleontological monitoring will reduce such impacts to a level of insignificance. 5. The project could result in potentially significant geological and soils impacts as a result of construction-related activities. However, the proposed mitigation measures which require implementation of geological/soils analysis recommendations will reduce such impacts to a level of insignificance. 6. The project could result in potentially significant hazards and hazardous materials impacts as a result of construction-related activities. However, the proposed mitigation measures requiring testing and removal of any contaminated soils encountered during construction will reduce such impacts to a level of insignificance. 7. The project could result in potentially significant water quality impacts as a result of construction-related activities. However,the proposed mitigation measures requiring preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) and sediment/erosion control will reduce such impacts to a level of insignificance. 8. The project could result in potentially significant short-term construction noise impacts. However, the proposed mitigation measures restricting construction hours, managing the location of staging area, and managing equipment noise will reduce such impacts to a level of insignificance. 9. The project could result in potentially significant traffic impacts. However, the proposed mitigation measures requiring preparation and implementation of a Traffic Control Plan and Construction Management Plan will reduce such impacts to a level of insignificance. NOW, THEREFORE, BE IT FURTHER RESOLVE©, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to General Plan consistency: 2 1. The proposed project is consistent with the policies and objectives of the General Plan, specifically, the Public Services Element because the proposed drain improvements will ensure that the City maintains the ability to provide the required flood control to the community. 2. The proposed project is consistent with the City Council adopted Storm Drain Master Plan which identifies the improvement of the existing facilities (Project ) to provide necessary higher levels of storm drain service to existing and proposed developments located in the surrounding area. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve a Mitigated Negative Declaration subject to the mitigation measures established by Exhibit A, Mitigation Monitoring Reporting Program (MMRP) attached hereto and incorporated. PASSED, APPROVED AND ADOPTED this 19th day of June 2012. LARRY KRAMER, MAYOR ATTEST: MARIA MORRIS, CITY CLERK 3 EXHIBIT A Mitigation Monitoring and Reporting Program Son Ranch Drainage Vmprovement Project(C!P 11503) San Juan Capistrano, CA __:JM�et� df Timing ofSCIMM No. Miti ation Measure/Standard Condition Vn implementation Responsibilit ...... Traffic and Circulation Project plans shall require the contractor to prepare a Traffic Control Plan and Construction Management Plan, which shall be submitted to the City Engineer for review and approval. The Traffic Control and Construction Management Plan shall specify: Traffic control, including the use of flagmen, for any street • closure, detour, or other disruption to traffic conditions caused by the introduction of construction vehicles. Routes that construction vehicles will utilize for hauiing dirt and/or the delivery of construction materials (i.e., lumber, tiles, piping, windows, etc.)to access the site,traffic control Prior to City Issuance of the 16.16-1 and detours,and proposed construction phasing plan for the Plan Check Notice to Proceed to the Engineering Division project. Contractor • Parking needs and parking areas for construction-related equipment and workm' an support. • Hours during which transport activities can occur and methods to mitigate construction-related impacts to adjacent streets. The Traffic Control and Construction Management Plan shall comply with the standards established in the current California Manual on Uniform Traffic Control Devices (MUTCD) as well as Cit of San,Tuan Capistrano requirements. The contractor shall be required to keep all haul routes clean and free of debris, including but not limited to gravel and dirt as a 16.16-2 result of its operations. The contractor shall clean adjacent During Grading and Site Superintendent/ streets, as directed by the City Engineer(or representative of the Monitoring Public Works Construction City Engineer)of any material that mConstruction ay have been spilled,tracked Inspector or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 8:30 a.m. and 11:30 a.m.only, Monday through Friday, 16.16-3 unless otherwise approved by the City Engineer. Hauling or . During Grading and Contractor transport may be permitted/required during the nighttime hours, Monitoring Public Works Construction Construction Inspector weekends or on Federal holidays, at the discretion of the City I Engineer. 16,16-4 Haul trucks entering or exiting public streets shall at all times yield During Grading and Contractor to public traffic. Monitoring Construction If hauling operations cause, any damage to existing pavement, M 1616-5 street,curb andlor gutker along the haul route,the contractor shall I During Grading and Public Works Construction X be fully responsible for repairs, which shall be completed to the Monitoring Construction Inspector X satisfaction of the Cit Engineer. _W Mitigation Monitoring and Reporting Program Sun Ranch Drainage Improvement Project(CIP 11503) Page 1 EXHIBIT A Metho�of Timing of SC/MM No. Miti ation Measure/Standard Condition VerificImplementation Responsibility All construction-related parking and staging of vehicles shall be 16.16-6 kept out of the adjacent public roadways and parking lots and Monitoring Plancheck and During Contractor/ shall occur on-site. Grading and Construction Engineering Division Air Quality The contractor shall implement the following measures as applicable and/or appropriate to reduce fugitive dust/particular emissions as determined necessary by the City's Grading Inspector. Apply soil stabilizers or moisten inactive areas. Prepare a high wind dust control plan. • Address previously disturbed areas if subsequent Public Works Department 16.3-1 construction is delayed. Field MonitoringDuring Grading and Construction Public Works Construction • Water exposed surfaces as needed to avoid visible dust Inspector leaving the construction site(typically 3 times per day). Cover all stock piles with tarps at the end of each day or as needed. Provide water spray during loading and unloading of, earthen materials. • Minimize in-out traffic from construction zone The contractor shall implement the fallowing measures as applicable and/or appropriate to reduce exhaust emissions from construction equipment as determined necessary by the City's Grading Inspector, 16.3-2 Field Monitoring during Grading and Public Works department • Use well-tuned off-road construction equipment. g Construction Public Works Construction • Establish a preference for contractors using upgraded Inspector (Tier 3 or better)heavy equipment. Enforce 5-minute idling limits for bath on-road trucks and off-road equipment. Noise The contractor shall comply with the City's Noise Ordinance ----T- provisions. Specifically, noise sources associated with construction, repairs, remodeling, or the grading of any real 16.12-1 property, shall be exempt from the provisions of the City's During Grading and Engineering Division noise code if conducted from 7:00 a.m. to 6:00 m. on Field Monitoring Public Works Construction Monday through Friday, or from 8:30 a,m. to 4:3€3 p.m. an Construction Inspector Saturday. Construction is prohibited at any time on Sunday or a Federal holida . The construction supervisor shall periodically inspect and assure that all equipment will use available noise suppression 16.122 devices and properly maintained mufflers. Construction noise During Grading and Construction Site Supervisor will be reduced by using quiet or"new technology" ,equi mentFielding Monitoring p Construction Public Works department particularly the quieting of exhaust noises by use of improved mufflers where feasible. All internal combustion engines used Mitigation Monitoring and Reporting Program Sun Ranch Drainage Improvement Project(C1P 19603) Page 2 EXHIBIT A Method of Timing of SC/MM No. Mitigation Measure/Standard Condition Verification Implementation Responsibility at the Project site will be equipped with the type of muffler recommended by the be manufacturer. In addition, ail equipment will be maintained in good mechanical condition so; as to minimize noise created by faulty or poorly maintained engine,drive-train and other components. During all site preparation, grading and construction, 16A2-3 contractors shall minimize the staging of construction Field Mng and Construction Site During Grading Supervisor equipment and unnecessary idling of equipment in the vicinityonitoring I of residential land uses. Construction Engineering Division The equipment staging area will be situated so as to provide 16.12-4 the greatest distance separation between construction-related Plan Check/ During Grading and Construction Site Supervisor noise sources and noise-sensitive receptors nearest the Field Monitoring Construction Engineering Division Project site during all Project construction. Temporary walls, barriers, and/or enclosures will be erected around stationary construction equipment when such equipment will be operated for an extended period of time that substantially exceeds the City's noise ordinance standards and j 16.12-5 where the City determines that noise sensitive receptors may During Grading and Construction Site Supervisor be substantially affected. Noise barriers and enclosures will Field Monitoring Construction Engineering Division consist of absorptive material in order to prevent impacts upon other land uses clue to noise reflection. In addition, complete enclosure structures will close or secure any openings where pipes,hoses or cables penetrate the enclosure structure. Notification will be given to residences within 300 feet of planned construction activities thirty (30) days prior to commencement of site construction activity, and will include a 16.12-6 brief description of the project, the overall duration of the Property Owner Prior to Commencement of various construction stages, noise.abatement measures that Notification Grading Construction Engineering Division will taken,and the name and phone number of the construction site supervisor or his designee to report any violation of a noise or mitigation standard. Public Health and Safety The construction supervisor shall provide an orientation to all on-site construction personnel on the identification of potential equipment leaks or spills. Construction activities shall be halted by any construction personnel if they observe any indication of hazardous materials contamination and a qualified Prior to Commencement of 16.8-1 professional shall be retained to conduct an investigation and Orientation Grading Construction(Pre- Engineering Division recommend the appropriate response to protect human health grade meeting) and the environment as well as identify the agency with oversight responsibility. Any contaminated soils that may be encountered shall be remediated in compliance with applicable California environmental regulations. Soils that will be exported from the site shall be sampled prior 16.8-2 to export or disposal. If after appropriate sampling it is During Grading and determined that the soil is contaminated, ft shall be properly Monitoringt Construction Engineering Division dip aped in accordance with current regulatory requirements Mitigation Monitoring and Reporting Program Sun Ranch Drainage Improvement Project(CIP 11503) Page 3 EXHIBIT A, Method of Tinning of SC/MM N�the Mitigation Measure[Standard Condition Verification Implementation Res onsibilit of contaminated soil. In addition, any imported soils required for backfill of the overexcavated areas shall also be tested at the borrow site to ensure that the imported soils is free of contamination. Only soils meeting current regulatory standards shall be used as fill. Drainage and H drolo y The City of San Juan Capistrano shall obtain coverage under the General Construction Activity Storm Water Permit(General Construction Permit) issued by the State Water Resources Control Board {SWRCB). The City must file a notice of intent (Npl)with the SWRCB. The project contractor will be required to prepare a stormwater pollution prevention plan (SWPPP) and submit the plan for review and approval by the City of San Juan Capistrano. At a minimum, the SWPPP shall include a 169-1 description of construction materials, practices, and equipment Prior to Commencement of storage and maintenance; a list of pollutants likely to contact Plan Check Grading and Construction Utilities Department stormwater; site-specific erosion and sedimentation control practices; a list of provisions to eliminate or reduce discharge of materials to stormwater; 8MPs, and an inspection and monitoring program. Implementation of the SWPPP shall begin i with the commencement of construction and continue though the completion of the project. After construction is completed, the City of San Juan Capistrano can and should submit a notice of termination to the SWRCB, The project contractor shall submit an erosion and sedimentation control plan to the City of San Juan Capistrano for review and approval. All work shall incorporate all applicable BMPs for the construction industry, including BMP's. for dust, erosion and water quality. The measures should include,but are not limited to,the following: On sloped properties, the downhill end of the construction area must be protected with silt fencing (such as sandbags, filter fabric, silt curtains, etc.) and hay bales oriented parallel to the contours of the slope(at a constant 16.9-2 elevation)to prevent erosion into the street, gutters, storm Ptan Check Prior to Commencement of drains. Grading and Construction Utilities Department In accordance with an approved erosion control plan, the project contractor shall implement mechanical and vegetative measures to reduce erosion and sedimentation, including appropriate seasonal maintenance. All graded areas should be temporarily protected from erosion by seeding with fast growing Y species as determined appropriate. Minimize the removal of natural vegetation or ground [[ cover from the site in order to minimize the potential for I erosion and sedimentation problems. Maximize the Mitigation Monitoring and Reporting Program Sun Ranch Drainage Improvement Project(CIP 99503) Page 4 EXHIBIT A Method of Timing of �:S�CIMMo. Mitigation Measure/Standard Condition Verification Im lementation Responsibility replanting of the area with native vegetation as soon as . possible. Instal[ filter materials acceptable to the City of San Juan Capistrano at the storm drain inlets nearest to the project site prior to the start of the wet weather season (October 15); site dewatering activities; street washing activities;, and saw cutting asphalt or concrete in order to retain any debris flowing into the storm drain system, Filter materials should be maintained and/or replaced as necessary to ensure effectiveness and prevent street flooding. Ensure that concretelgranite supply trucks or concrete/piaster finishing operations do not discharge r wash water into water courses, street gutters, or storm II drains. Direct and locate tool and equipment cleaning so that wash water does not discharge into the street, gutters, or storm drains II Create a contained and covered area on the site for storage of bags of cement, paints, flammables, oils,ff fertilizers, pesticides, or any other materials used on the 1 project site that have the potential for being discharged to the storm drain system by the wind or in the event of a material spill. No hazardous waste material should be stored on-site. Gather all construction debris on a regular basis and place them in a dumpster or other container which is emptied or removed on a weekly basis (or other interval approved by the City of San Juan Capistrano). When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to stormwater pollution, Remove all dirt, gravel, refuse, and green waste from the sidewalk, street pavement, and storm drain system adjoining the project site. During wet weather, avoid driving vehicles off paved areas and other outdoor work. As appropriate, broom sweep the street pavement adjoining the project site on a daily basis. Caked-on mud or dirt should be scraped from these areas before sweeping. At the end of each workday, the entire site must be cleaned and secured against potential erosion, dumping, or discharge to the street, gutter, and/or storm drains. Ail erosion and sedimentation control measures implemented during construction activities, as well as construction site and materials management shall be in strict accordance with the control standards listed in the latest edition of the Erosion and Sediment Control Field Manual published by the RWQB, Mitigation Monitoring and Reporting Program Sun Ranch Drainage Improvement Project(CIP 19503) Page 5 EXHIBIT A L�S�CfM�MNo. ��Mffigation Measure/Standard Condition Method of Timing of Verification Implementation Responsibili All erosion and sedimentation control measures shall be monitored regularly by the City of San Juan Capistrano. If measures are insufficient to control sedimentation and erosion then the City shall develop and require the implementation of� [ additional and more effective measures immediate) . 11 Biological Resources Construction activities associated with the implementation of the project that require removal of potential nesting habitat shall be conducted outside of the breeding season (i.e., 16.4-1 February 1 through August 31). If this is not possible,the City Curing Grading and Qualified Biologist/ will retain a qualified biologist who shall conduct a nesting bird Monitoring Development Services survey(s)prior to removing trees, shrubs, and tall herbaceous Construction Department vegetation in order to prevent any violations of the Migratory Bird Treatv Act MBTA . Prior to the issuance of a grading permit, the City of San Juan Capistrano shall obtain the necessary authorizations from the ! regulatory agencies for potentially significant impacts to I 164-2 jurisdictional waters. Authorizations include a Section 404 Approved Regulatory Prior to Issuance of Grading Development Services Nationwide Permit from the ACOE, Section 1602 Streambed Permit Permit Department Alteration Agreement from CDFG, and a Section 401 Water Quality CertificationNVaste Discharge Requirement from the California Regional Water Quality Control Board. The City shall mitigate temporary impacts to areas under ACOE, RWQCB, and CDFG jurisdiction at a ratio of 1.3:1 through the enhancement and restoration of on-site [ jurisdictional waters to their original and/or higher-quality functioning values. Enhancement and restoration shall occur through the on-site revegetation of areas,which are subject to temporary impacts and will be subject to approval by the appropriate regulatory agencies. The compensatory mitigation will not be a mitigation bank or in-lieu fee program. Rather,the' environmental preferable compensatory mitigation will be provided through on-site mitigation. The proposed 0.70-acre mitigation site will be restored on-site within the realigned 16.4-3 channel. The proposed mitigation for temporary disturbance is Approved Regulatory Prior to the Issuance of Development Services itemized below. Permit Grading Permit Department All vegetation located within the limits of the dedicated easement and nearby area will be removed. Over- excavation below the pipeline alignment will include the complete removal of young alluvial wash deposits that lie approximately eight to 12 feet below grade along the bottom of the drainage course. Following excavation and fill operations necessary to mitigate soft soil conditions, the proposed 48-inch diameter RCP will be constructed/installed. I:-Howing installation of the storm drain, the realigned Mitigation Monitoring and Reporting Program Sun Ranch Drainage Improvement project(CIP 79503) Page 6 rEXHIBIT A Method of Timing of SC IMM No. Mitigation Measure/Standard Condition Verification Implementation Res onsibiti drainage channel will be reconstructed and redirected where necessary to within the dedicated easement width. A minimum of one-foot of alluvial soil salvaged from, remedial grading will be placed over the entire 0,70-acre° mitigation site. • The channel will be.constructed with riprap check dams to control the transport of sediment within the nature channel. Native plant material will improve the water quality and reduce sediment transport along the mitigation site. j • The realigned drainage channel will be restored with 0.70 II acre of native riparian plant species, resulting in a net [ increase in wetlands, and associated increase for hydrologic,biogeochemical,and.habitat functions. • The mitigation site is designed to function as wetlands and riparian habitat providing such functions as short-term. storage of surface water, dynamic storage of surface water,groundwater recharge, nutrient cycling, retention of particulates, removal of imported elements and compounds, and some provision of habitat for waterfowl, shorebirds,passerines,and songbirds. The compensatory mitigation project will provide the required compensation for unavoidable temporary disturbance to 0.56 acre of aquatic resources resulting from a temporary disturbance to ACOS, RWQCB, and CDFG jurisdiction on-site. Approximately 0.49 acre of temporarily disturbed wetlands will be restored at a 1.3:1 ratio, for a total of 0.70 acre of restored ri avian habitat. Cultural/Scientific Resources Prior to issuance of a grading permit, the applicant Cfty's contractor shall submit to the Development Services 16,5-1 Department evidence that a qualified archaeologist has been Prior to issuance of Grading Development Services retained to monitor site clearing, grading, and excavation Plan Check Department-Preservation activities, statin the name, Permit Planner 9 qualifications, and contact information for the archaeologist. The project construction plans and specifications shall include a provision that a qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Orange County)shall be retained by the City's contractor and shall be present at pre-construction meetings to advise.construction Prior to issuance of Grading 16.5-2 contractors about the sensitive nature of cultural monitoring Plancheck permit Development Services requirements.A qualified monitor(defined as an indfvidua!with, Meeting/Field Monitoring Prior to Commencement of Department-preservation a bachelors degree in anthropology with archaeological Grading/During Construction Planner monitoring experience), supervised by the qualified archaeologist, shall observe on- and off-site construction activities that result in radia . and/or excavatio on or below Mitigation Monitoring and Reporting Program Sun Ranch Drainage Improvement Project(CIP 11503) Page 7 EXHIBIT A Method of Timing of- SC/MM No. Mitigation Measure/Standard Condition Verification Implementation Responsibility the original ground surface. Should non human cultural resources be discovered, the monitor shaft have the power to temporarily halt or divert construction activities within the vicinity of the discovery until the qualified archaeologist can determine if the resources are significant and, if significant, until recovered by the archaeolo ist. Prier to issuance of a grading permit, a qualified paleontologist (defined as a paleontologist on the List of Certified Paleontologists for Orange County)shall be retained by the City's 16.6-3 contractor and shall be present at pre construction meetings to Meeting/Field Monitoring Curing Grading,Trenching,or Development Services advise construction contractors about the potential occurrence of Excavation Department paleontological resources located on and/or in the vicinity of the pro'ect site,as well as monitoringrequirements. The project construction plans and specifications shall include a provision that a qualified monitor(defined as an individual with a bachelor's degree in paleontology and monitoring experience), supervised by the qualified paleontologist, shall be on-site during construction activities that result in the grading and/or excavating f of current surface material to monitor for paleontological! resources. Should paleontological resources be discovered, the 16.5-4 monitor shall have the authority to temporarily halt or divert PiaChDuring Grading,Trenching or Development Services construction activities in the vicinity until the qualified n Check Excavation Department paleontologist can determine if the resources are significant, Significant paleontological resources shall be recovered by the qualified paleontologist. Fossils recovered from the field or by processing will be prepared, identified, and along with the accompanying field notes, maps, and photographs accessioned into the collections of a designated accredited (permanent)museum, In the event that human remains are discovered, construction activities shall be hatted or diverted until the provisions of §7050.5 of the Health and Safety Code and §5097.98 of the Public Resources Code have been implemented. No further disturbance shall occur until the County Coroner has made a determination of origin and dispositfon pursuant to §5097.98. 16.5-6 [ The County Coroner must be notified of the find immediately. During Grading,Trenching, or Development Services 1J If the remains are determined to be prehistoric,the Coroner will Monitoring Department-Preservation notify the Native AmericExcavation an Heritage Commission, which will � Planner determine and notify a Most Likely Descendant (MLC}), With the permission of the landowner or his/her authorized representative,the MLD may inspect the site of the discovery, The MLD shall complete the inspection within 48 hours of notification by the NAHC. Soils and Geology The earthwork recommendations presented in Chapter $.0 of 16.6-1 the Final Geotechnical Study Report prepared by Converse Plan Check 7GPra1dirnt;,rs8ufldingPemJ, oo Isuance of any Consultants (October 2€}11) shall be incorporated into the Engineering Division Mitigation Monitoring and Reporting Program Sun Ranch Drainage Improvement Project(CIP 91503) Page 8 EXHIBIT A Method of Timing of SC/MM No. Mlttgation Measure/Standard Condition Verification Implementation n-s onsibilit project design and reflected in final plans and specifications prepared for the proposed project. These earthwork recommendations shall include those addressing: (1) over-[ excavation/removal/ (2) engineered fill; (3) soil shrinkage; (4)]f expansive soil; (5) pipeline excavations; (6) pipeline subgrade; (7) pipe bedding and shading; (8) trench backfill; (9)imported fill materials;and(10)groundwater considerations. The design recommendations presented in Chapter 9.0 of the Final Geotechnical Study Report prepared by Converse Consultants (October 2011) shall be incorporated into the project design and reflected in final plans and specifications prepared for the proposed project. These design 16.6-2 recommendations shall include those addressing: (1) soil Plan Check Prior to issuance of any parameters for pipe design(2)bearing pressure for anchor and Grading or Building Permit Engineering Division thrust blocks; (3) modulus of soil reaching (E'); (4) shallow foundations; (5)earth pressures for retaining structures; (6)soil corrosivity; (7) flexible pavement design; and (8) surface drainage. Mitigation Monitoring and Reporting Program Sun Ranch Drainage Improvement Project(CIP 11503) Page 9 California Regional Water Quality Control Board San Diego Region over ue2 50 Years Serving San Diego,Orange,and Riverside Countios .Matthew Rodriquez tYaaipiont of the 2094 Fnvirnremental.'ward for Outstanding Achievement fraru U.S.F,lyh Secretary for Edmund G. Brawn Jr. Environmental Protection 9174 Sky Park Court,Suits 100,San Diego,California 92123-4353 Governor (558)467-2952-Fax (858)571-6972 I�t#p:!/vvww.wa tcrhoards.ca.gov/sandiego March 14, 2012 In reply refer to: Mr. William Ramsey 777848: dbradford San Juan Capistrano City 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject; Completeness review for Sun Ranch Drainage Easement Improvements Project, 1.2C-013 Dear Mr. Ramsey: The California Regional Water Quality Control Board, San Diego Region (San Diego Water Board), received your application for Water Quality Certification for sun Ranch Drainage Easement Irnprayenwnts Project on February 15, 2012 and it was assigned file number 12Cm413. Farther information to clarify, amplify, correct, or otherwise supplement the complete application may be requested following receipt of this notification. Pursuant to 23 CCR 3866 our application has been deemed: ®COMPLETE v INCOMPLETE for the following reasons: 0 Full, technically-accurate description, Including the purpose and final goal of the entire activity [23 CCR § 3856(b)]. m The project application does not fully analyze and discuss project alternatives considered to avoid and minimize adverse impacts to waters. Based upon information provided in the application and supplemental application package, the proposed project is necessary to accommodate increased flows associated with the "proposed future residential development". To avoid'piecemealing, all components of the overall project shall be evaluated together_ It remains unknown how the flows from the entire project, including the proposed future residential development, will be treated. Basin Plan water quality standards require post construction BMPs treat all flows prior to discharge into receiving waters, Furthermore, receiving waters cannot be used as a conveyance or treatment system for pollutants (see 40 Code of Federal Regulations 131.10a). Please provide justification for the project design and need to bypass the natural stream by conveying peak stormwater flows in a 48 California Environmental Protection Agency ATTACHMENT 5 Sun Ranch Drainage Easement - 2 - March 14, 2012 401 Permit, 12C-013 inch culvert. Include a discussion of alternatives considered and why they were eliminated as options. s The application does not include adequate design drawings, maps, and other technical drawings. Construction drawings and Mitigation Plans should include representative cross-sectional views_ Pre-construction drawings (grading plans) and post-construction drawings (as--built plans) should be the same size and alignment (spatial) as authorized grading plans (i.e., grading plans and as-built plans should overlay such that structures, boundaries, etc. align). Both plan view and cross-sectional view maps should be provided. Grading plans and as-built plans should overlay such that structures, boundaries, etc. align. Show all proposed fills, structures, and for limits of work within and adjacent to potential waters of the U.S./State, including wetlands. Clearly annotate all fills, structures, and for limits of work as either permanent or temporary. U Complete project description [23 CCR § 3856(h)(1-8)]. LJ Identification of the federal license/permit (i.e., agency, type, NWP number, file number) [23 CCR § 3856(c)]. L-1 Copies of federal application, notification, agency-applicant correspondence, or signed statement that none is applicable [23 CCR § 3856(d)]. Ll Copies of any final or (if not final) draft federal, state, or local licenses, permits, or agreements concerning the project (i.e., Fish and Game Streambed Alteration Agreement). If none are available, a list of those being sought [23 CCR§ 3856(e)j. n A draft or final CEQA document [23 CCR § 3856(f)]. Elate: Per the Permit Streamlining Act, final CEQA documentation cannot be required for a complete application; however, per CEQA, a final document must be reviewed before taking an action. ■ Provide a copy of the final CEOA document once complete. Ll The correct deposit [23 CCR § 3856(g)]. While a deposit of$944.00 is required for an application to be considered complete, the entire fee must be paid prior to the San Diego Water Board taking a certification action. Calff®rnia,Environmental Protection Agency Sun Ranch Drainage Easement -3 - March 14, 2012 401 Permit, 12C-013 Note: At this time, leased on your application, your total application fee is $1 766.00. You have paid $3,014.09. You still owe $12,740.91. Pease see attached fee chart for additional information. Once the information requested above has been received, the San Diego Water Board will notify you within 30 days that the application is complete or request further information to clarify, amplify, correct, or otherwise supplement the submitted information. While not necessary to consider an application Complete, the following supplemental information is also needed before the San Diego Water Board can consider taking an action on the application. Please provide: 1. Remaining project fees. 2. Justification for the project design and need to bypass the natural stream by conveying high-flows in a 48 inch culvert. Include a discussion of alternatives considered and why they were eliminated as options. 3. Detailed technical drawings and locations of proposed site elements such as; rip-rap check dams, retaining wails, road(s), culverts and pipe connections, stream elevations and contours, plant types and location, etc. 4_ A characterization of the historical and proposed surface and subsurface flog regirnes including indirect impacts that may result from activities adjacent to or upslope from waters that affect how it functions. 5. Storm Water Pollution Prevention Plan (SWPPP) for the project. 8. Describe the method used to remove groundwater and/or divert surface water if necessary to implement the proposed project. Please attach a diagram with the description. 7. Details on how the wetland mitigation sites will be maintained, managed and protected from future loss and degradation through the use of buffers, legal mechanisms, and other forms of physical protection. 8. A copy of the final CEOA document once complete. California EnvironmenW P�-otecti®n Agency Sun Ranch Drainage Easement -4 - March 14, 2012 401 Permit, 12C-013 In the.subject line of any response, please include the requested "in reply refer to:" information located in the heading of this letter. For questions pertaining to the subject matter, please contact Darren Bradford at (858) 637-7137 or DBradford@waterboards.ca.gov. Respectfully, taff info&use [7-- Tech File I o, 12C-M WDO F 900000242 CHIARA CLEMENTE Reg. Measure 0 38349 Senior Environmental Scientist Place 0 777848 Party ID 39740 502375 cc: (via email) Ms. Lesley Lokovic Glenn Lukos Associates lfokovic@wetlandpermifting.com Mr. Jason Lambert U.S. Army Corps of Engineers Regulatory Branch Jason.p.lambertQusace.army.mil Mr. Kevin Hupf California Department of Fish and Game South Coast Region Habitat Conservation Planning—North khu pf@dfg.ca.gov California Environmental Protection Agency ............... tilt&Bxcavatfan�Discharges. 3944 base fee plus Size of tha discharge area expressed in hundredths n£sues{0.61 pischarge Area Acres x $o acre;436 square(W)roundd ed up. $40% To Ron"Fsderal,WaferB'lper fee call➢v) !90 bass fee pl) RYtscftwp.AreaA Dredging Discharges(exceptSend Mining-see(v)belowp plus pDredge g44 base fee dge Dredge volume expressed in Cubic Yards. Volume e p x$Dre $o . Categories(i l 7flh€onFaileratWafers(perfaseaGly) $94.4tta fee plus Dredge. 66)will be Volume CY x$0:15x 2 $tt charged an . - additional &H Fee - ..:.. - .;amcsu t of ,which Channel and Shoreline Discharges.Discharge length shall be reported $944 base fee Pius is Included in Linear Feet Includes linear discharges to drainage features and. ^'Discharge Length Feet x 1589 $14,811 in the total shorelines,e.g..bank stabilization,revetment,and channe0zation - -X,14 below. projects. $14,811 (Note),The fee for channel and shordine linear discharges will be f,94q.'bat a feta;plus assessed under the"Fill and Excavation'or"Channel and Shoretne Discharge Arca Aeras x so schedules,whichever results in the higher fee. $4U59 (iif) $944 base fee plus Oftharge Length Feet x $o $8.44 x 2. To Non-Federal Waters(per fee cat.!v) .. . $044 baise tee pius flffid ger Area Aires x $0 S40W x 2 W...: Discharges lir fills'fesleral,(eg."lslataef°j 1Natars. (iv) 17 achar8es te'watars or JX,.r ns of weiatl7adias n#k+egtrlwdas',*R efs O.W6 tltatYs stefi,inawittg waters deierinkietl to W rsrilaied'pursuant to the findings of Solid waste AgetyN.tuthern (County Or pis Dfir8heers ;�29 S Ct.1375 Datrble tttervrfsf!app#icabte tai reaorabtln ptj9Gfs, cltatwl! cl3arged thettGXn lfai.fee, azv- a. Send Mining Dredging Discharges. (v) Aggregate extactlon to marine waters where the source material is free of $1,778 Flat fee Check if kppficable $o pollutants and the dredging operation witl not violate any Basin pian PrQvielorrs. Low Impact Discharges. _ Projects may be classified as few impact discharges if they meet the - foAowing infer}a' ... 1 The discharge affects less than(a)0.1 acre,(b)20011pear feet and(c) - 25 cubic yards. 2.Denionsirate that the discharger: - .. (a)has taken all practicable measures to avoid impacts, -... (by for unavoidable temporary impacts the discharger will restore waters and vegetation to pre-project conditions as quickly as practicable, (c)for unavoidable permanent impacts the discharger will ensure that Uwe is no net loss of wetland,riparian area,or headwater functions, (vi) including onsite habitat,habitat connectivity,floodwater retention.and $944 Fiat fee. Check if App€icabie $0 Pollutant removal. 3.The discharge wilt not: (a)directly or indirectly destabilize a teed of a receiving water, _ (b)conailcuto to significant cumulative effects, (c)cause pWlution.canSaminatiun,or nuisance, (d)adversely affect candidate,threatened,or endangered species. (e)degrade water quality or beneficial uses. (f)be loxic:or (g)include"hazardous"or"designated"material. 4.Discharge is io waterbody regulated as`waters of the United Slates". Restoration Projects. Projects undertaken(Or the sale purpose of restoring or enhancing the (ull) beneficial uses of water.This schedule does not apply to projects required under a regulatory mandate or to projects that include a non-res€orative $944 Flat tea Check it Applleahie h.:-+"'..Y,....:. SO component,eg.,land development,properly protection.orflood - management.. General Orders. Projects which are required to submit notification of aprogased discharge (viii) to the State andfor Regional Board pursuant to a generat water quality $114 Etat tae Check ii App certification perrrtiuing discharges authorized by a federal general permit €;ca15Er. $0 or€!cense.(e g a U.S,Army Corps of Engineers nationwide{permit). Applies ONLY 4 general water quality certification was prevrousEy grantedON. TEA "A ti a Amended Orders. Amendments of WOR`s or water quafity certifications previously Issued for one-time discharges not subject to annual billings. Fees charged as - - $0 follows; (a)Minor project changes,not requiring technical analysis and Involvir'g-1 No fee required only minimal processing time. $0 (b) Changes to projects eligible for Hat fees(fee categories—11 -41. Appropriate flat fee above)where technical analysis is needed to assure continuing eligibillly for flat fee and that beneficial uses are stili protec€ed. $0 (c) Project changes not involving art increased discharge amount,but requiring some technical analysis to assure that beneficial uses are$tyli protected and that odg€nal conditions are still valid,or need to be modified $944 fiat tee S0 (d) Project changes involving an Increased discharge amount and Addittons!fee assessed per requiring some technical analysis to assure that beneficial uses are still Increased amount at protected and that original conditions are still valid,or need to be discharges)per this dredge modified. 9 and fill fee schedule[Section $0 2280(a)(3J(plus$944 base tee) (e) Major project changes requiring an essentially new analysis and re- New fee assessed per this issuance of WOR s or water quality certificafion, dredge and fill fee schedule $0 iffmiSecticxt 2209 a 3 m n a s ngie pro ec€inductor multiple discharges w thin a single dredge and fill category,the fee far that category shall be assessedd based on th(as applicable]of the multiple discharges. When a single pmjact includes discharges that are assessed under multiple fee categories,the tunder each app€€ca6fe fen category;however a$9A4 base fee,ii required,shah be charged onlyonce- Feesshallbebasedonthelargestdirepo,ori wasda discharge or Clean Water Ac€(CVVA)section A01 water quality cert ficalion application,or as reducer!by the applicant withoutn, If water quafity certifica€um is Issued tit canjundiorl with wasPe discharge requirements(WDRs)or is issued for a discharge regulated undOR Tee as delved from this dredge and fill fee schedule shall tie paid in advance during the application for water quality certification,and shalln, S(b) Discharges requiring water quality certification and regulated under a federal permit or license other Ulan a US Amey Corps of Engineers GWR section,404 permit or a Federal Energy Regulatory Commission license shall be assessed a fee determined from the table in CCR 23,Section 2200(a). 2"Excavation'refers to moving sediment or soil in shallow waters or under no-Hour ecmditions where impacts to beneficial uses are bast described by the area of discharge, it typically Is done for purposes other than navigation. Example includes trenching far utility fines,other earthwodt preliminary to construction,and removing sediment to increase channel capacity. 3 "Dredging"ganaraity refers to removing sediment in deeper water to increase depth. The impacts to beneficial uses are best described by the volume of the dischargeand typically occur to facilitate navigation, For fee purposes it also induides aggregate extraction within stream channats where€he'substrate is composed of course sediment(o.g_,gravel)sled is reshaped by normal winter flows ie,g.,point bars),where natural flood disturbance precludes estabiishmen(of significant riparian vegetation,and where extraction timing,location and volume will not cause changes in channel structure(except as required by regulatory agencies for habitat improvement)or impair the abil€fy of the channel to support beneficial uses, F State of California--The Natural Resources Aaencv EDMUND$,BROWN JR Govemor DEPARTMENT OF FISH AND GAME CHARLTON 14.BONHAM,Director . South Coast Region 3883 Ruffin Road San Diego, CA 92123 (858)457-4201 www.dfg.ca.gov March 21, 2012 Mr. William Ramsey City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Complete Notification of Lake or Strearnbed Alteration Notification No. 1600-2012-0028-R5; SUN RANCH DRAINAGE EASEMENT IMPROVEMENTS PROJECT Dear Mr. Ramsey: On February 15, 2012, the Department of Fish and Game (Department) received your Notification of Lake or Strearnbed Alteration (Notification). On February 23, 2012 your Notification was deemed complete. The Department is required to submit a draft Lake or Streambed Alteration Agreement (Agreement) to you within 60 calendar days from the date the Notification is complete, if the Department determines that an Agreement is required for the project. An Agreement will be required if the Department determines that your project could substantially adversely affect an existing fish or wildlife resource. Therefore, the Department has until April 23, 2012 to issue you a draft Agreement or inform you that an Agreement is not required. Please be advised that you may not proceed with any work until the Department executes an Agreement, informs you that an Agreement its not needed, or does not provide you with a draft Agreement within 60 days of the date your notification was deemed complete. If you have any questions regarding this matter, please me at 856-467-4231 or Sincerely, . � Alio Maril n Flubarty Seni r Environmental Scientist ec: Lesley Lokovic, Glenn Lukos Associates Conserving C"afifo as s Wildffe,since 1870 California Natural Resources AencGavemor DEPARTMENT OF FISH AND GAME c�,a�tra����r.����� ,Director South Coast Region 3883 Ruffin Road San Diego, California 92123 (858)467-4201 www.dfg.ca.gov April 26, 2012 Mr. William Ramsey City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Notification of Lake or Strearnbed Alteration No. 1600-2012-0026-R5 Sun Ranch Drainage Easement Improvements Project impacting an unnamed channel, tributary to San Juan Creek Dear Mr, Ramsey: As the Department of Fish and Game (Department) explained in a previous letter to you dated March 21, 2012, the Department had until April 23, 2012 to submit a draft Lake or Streambed Alteration Agreement (Agreement) to you or inform you that an Agreement is not required. The Department did not meet that date. As a result, by law, you may now complete the project described in your notification without an Agreement. Please note that pursuant to Fish and Game Code section 1602(a)(4)(D), if you proceed with this project, it must be the same as described and conducted in the same manner as specified in the notification and any modifications to that notification received by the Department in writing prior to April 23, 2012. This includes completing the project within the proposed term and seasonal work period and implementing all avoidance and mitigation measures to protect fish and wildlife resources specified in the notification. If the term proposed in your notification has expired, you will need to re-notify the Department before you may begin your project. Beginning or completing a project that differs in any way from the one described in the notification may constitute a violation of Fish and Game Code section 1602. Also note that while you are entitled to complete the project without an Agreement, you are still responsible for complying with other applicable local, state, and federal laws. These include, but are not limited to, the state and federal Endangered Species Acts and Fish and Game Code sections 5650 (water pollution) and 5901 (fish passage), Finally, if you decide to proceed with your project without an Agreement, you must have a copy of this letter and your notification with all attachments available at all times at the work site. If you have any questions regarding this matter, please contact me at(858) 467-4223 or khupf@dfg.ca.gov. Sincerely, Kevin Hupf Environmental Scientist ec: Lesley Lokovic, Glenn Lukos Associates Conserving California's Wifd-Cife,Since 1870 GLENN LUKOS ASSOCIATE Regulatory Services !L May 8, 201.2 Mr. Darren Bradford San Diego Regional Water Quality Control Board 9174 Sky Park Court Suite 100 San Diego, California 92123 SUBJECT: Sun Ranch Drainage Easement Improvements Project, an approximately 3-Acre Project Located in the City of San Juan Capistrano, Orange County, California: Request for Additional Information to Deem.Regional Water Quality Control Board File Number 1.2C-013 Complete. Dear Mr. Bradford: On March 14, 2012, the San Diego Regional Water Quality Control Board (Regional Board) forwarded Glenn Lukos Associates (GLA) a letter indicating that our application for a Section 401 Water Quality Certification for the Sun Ranch Drainage Easement Improvements Project, (Project) located in the City of San Juan Capistrano, Orange County, California was incomplete and that you require additional information in order to deem the application complete. As a result, GLA, in accordance with the City of San Juan Capistrano (.City), is providing the Regional Board with the requested information as outlined below. Pursuant to 23 CCR 3856, our application has been deemed INCOMPLETE for the following reasons: L Full, technically accurate description, including the purpose and final goal of the entire activity[23 CCR 3856(b)].- The 856(b)].The project application does not fully analyze and discuss project alternatives considered to avoid and minimize adverse impacts to waters. Based upon information provided in the application and supplemental application package, the proposed project is necessary to accommodate increased flows associated with the 'proposed future residential development". To avoid piecemealing, all components of the overall project shall be evaluated together. It remains unknown how the flows from the entire project, including 29 Orchard Lake Forest California 92630-8300 Telephone: (949) 837-0404 Facsimile: (949) 8375834 Mr. Darren Bradford San Diego Regional Water Quality Control Board May 8, 2012 Page 2 the proposed future residential development, will be treated. Basin Plan water quality standards require post construction BMPs treat all flows prior to discharge into receiving waters. Furthermore, receiving waters cannot be used as a conveyance or treatment system for pollutants (see 40 Code of Federal Regulations 131.10a). Please provide justification for the project design and need to bypass the natural stream by conveying peak stormwater flows in a 48-inch culvert .Include a discussion of alternatives considered and why they were eliminated as options. ® The application does not include adequate design drawing"maps, and other technical drawings. Construction drawings and Mitigation Plans should include representative cross-sectional views. Pre-construction drawings (grading plans) and post-construction drawings (as-built plans) should be the same size and alignment (spatial) as authorizes grading plans (i.e., grading plans and as-built plans should overlay such that structures, boundaries, etc. align). Both plan view and cross-sectional view maps should be provided. Grading plans and as-built plans should overlay such that structures, boundaries, etc. align. Show all proposed fdls, structures, and/or limits of work within and adjacent to potential waters of the U S/State, including wetlands. Clearly annotate all fills, structures, and/or limits'of work as either permanent or temporary. 2. A draft or final CEQA document[23 CCR 385601. Note: Per the Permit Streamlining Act, final CEQA documentation cannot be required for a complete application; however,per CEQA, a final document must be reviewed before taking an action. ® Provide a copy of the final CEOA document once complete. RLgj est 1: 1. Full, technically accurate description, including the purpose and final goal of the entire activity 123 CCR 3856(b)]: ® Zhe project application does not fully analyze and discuss project alternatives considered to avoid and minimize adverse impacts to waters. Based upon information provided in the application and supplemental application package, the proposed project is necessary to accommodate increased flows associated with the `proposed future residential development". To avoid piecemealing, all components of the overall project shall be evaluated together, It remains unknown how the flows from the entire project; including the proposedfuture residential development, will be treated Basin Plan water quality standards require post construction BMPs treat all flows prior to discharge into Mr. Darren Bradford San Diego Regional Water Quality Control Board May 8, 2012 Page 3 receiving waters. Furthermore, receiving waters cannot be used as a conveyance or treatment system for pollutants (see 40 Code of Federal Regulations 13 LI Da). Please provide justification for the project design and need to bypass the natural stream by conveying peak storm water flows in a 48-inch culvert. Include a discussion of alternatives considered and why they were eliminated as options. The application does not include adequate design drawing"maps, and other technical drawings. Construction drawings and Mitigation Plans should include representative cross-sectional views. Pre-construction drawings (grading plans) and post-construction drawings (as-built plans) should be the same size and alignment (spatial) as authorizes grading plans (i.e., grading plans and as-built plans should overlay such that structures, boundaries, etc. align). Both plan view and cross-sectional view maps should be provided. Grading plans and as-built plans should overlay such that structures, boundaries, etc. align. Show all proposed fills, structures, and/or limits of work within and adjacent to potential waters of the U.S./State, including wetlands. Clearly annotate all f lls, structures, andlor limits of work as either permanent or temporary. Response 1: Per a state-mandated court order to the City, the proposed Project must be completed in its entirety by 2013. The proposed Project consists of the installation of approximately 1,500 linear feet of buried 48-inch diameter reinforced concrete pipe (RCP) storm drain pipeline along a highly disturbed and degraded natural drainage course adjacent to Tract 6742 (Sun Ranch community) in the City of San Juan Capistrano. The proposed Project also includes the extension of the City's existing 8-foot-wide by 3-foot-high reinforced concrete box (RCB) drainage facility located within Del Obispo Street. The proposed high-flow pipeline will accommodate existing peals storm flows, as well as increased flows associated with proposed future residential development. Project implementation includes drainage/flood control improvements that have been designed in accordance with the City's Drainage Master Plan intended to accommodate surface runoff resulting from storm flows and eliminate the potential for flooding in the Project area. An additional pipe connection will be provided to intercept existing storm drain improvements along the easement, and provide for future connection to Tract 16146 (Belladonna Estates). Proposed surface flows will continue to be retained at present dry season levels. Urban water and natural seep flows will provide natural irrigation to the enhanced and restored drainage channel. Check dams in the mitigated stream will slow flows during light rain events and will provide water:for naturalizing of the native plantings. Storm flows from the existing Sun Ranch community and the proposed Belladonna development, located adjacent to the proposed Project, Mr. Darren Bradford San Diego Regional Nater Quality Control Board May 8, 2012 Page 4 will be piped directly into and contained within the proposed 48 inch storm drain, thereby eliminating soil and bank erosion during high-flow storm events. The Project in effect will restore the existing canyon to a more natural flow regime similar to what existed prior to the development of the Sun Ranch community in the 1970's. Project implementation will require the removal of existing vegetation, primarily invasives but also some California natives, within and along the easement edges to allow excavation and fill operations to be performed in order to bury a proposed 48-inch diameter reinforced concrete pipe. Improvements within the easement will also include the construction of an all weather access road along the upper banks along the south edge of the easement, establishment of a restored drainage channel that will be vegetated with native wetland and riparian habitat, and additional native landscaping and fencing along the upper banks. Following installation of the storm drain, the existing natural drainage channel will be reconstructed, enhanced, and restored to provide increased aquatic functions for low-flow storm events and nuisance flows. As noted, the entire reach, which currently supports a predominance of non-native species (especially Arundo)., will be replanted with native riparian vegetation, resulting in a net increase in wetlands, an associated increase for the hydrologic, bio- geochemical, and habitat functions. 'rhe channel will be restored and enhanced to improve aquatic functions, which will increase the removal of storm.water runoff pollutants from surface flows prior to their discharge into San Juan Creek. Implementation of the proposed project will achieve the following intended specific objectives, established by the City. a Comply with the provisions of a court-ordered Settlement Agreement requiring the construction of public stormwater drainage improvements within•the existing drainage channel between Sun Ranch and the Scalzo Family Trust property. m Construct a drainage channel that will comply with the City's public facility design standards while incorporating natural features. Maintain the channel alignment within the existing 40-foot wide and 30-foot wide drainage easements and minimize encroachment into adjoining properties. a Restore and enhance the hydrologic, bio-geochemical, and habitat functions of the currently degraded channel. Mr. Darren Bradford San Diego Regional Water Quality Control Board May S, 2012 Page 5 Create wetland area(s) to mitigate for the removal of degraded areas of existing wetland as required by Corps and CDFG required permits A copy of Project Alternatives and justification for the Project design is attached as Exhibit 1 a. A copy of the City's court-ordered Settlement Agreement is attached as Exhibit 1 b. Cross-sectional view maps, plan view maps, and maps depicting Project impacts within Corps/Regional Board jurisdiction are attached as Exhibit 2. Re nest 2• 2. A draft or final CEQA document 1[23 CCR 3856(f]. Note: Per the Permit Streamlining Act, final CEQA documentation cannot be required for a complete application; however,per CEQA, a final document must be reviewed before taking an action. Response 2: A copy of final CEQA documentation will be provided to Regional Board staff once it is complete. A copy of the Project's Draft Initial Study and Mitigated Negative Declaration is attached as Exhibit 3. Mr. Darren Bradford San.Diego Regional Water Quality Control Board May 8, 2012 Page 6 SUPPLEMENTAL INFORMATION While not necessary to consider an application complete, the following supplemental information is also needed before the Regional Board can consider taking an action on the application. In order to expedite issuance of 401 Certification, GLA, in accordance with the City, is providing the Regional Board with the supplemental information as outlined below, 1. Remaining project fees 2. Justification,far the project design and need to bypass the natural stream by conveying high flows in a 48 inch culvert. Include a discussion ofalternatives considered, and why they were eliminated as options. 3. Detailed technical drawings and locations afproposed site elements such as; rip-rap check dams, retaining walls, road(s), culverts and pipe connections, stream elevations and contours,plant types and location, etc. 4. A characterization of the historical and proposed surface and subsurface flow regimes including indirect impacts that may result from activities adjacent to or upslape,from waters that affect how it functions. S. Storm Water Pollution Prevention Plan (SWPP)for the project. 6. Describe method used to remove groundwater andlor divert surface water if necessary to implement the proposed project. Please attach a diagram with the description. 7. Details on how the wetland mitigation sites will be maintained, managed, and protected from future loss and degradation through the use of buffers, legal mechanisms, and other forms ofphysical protection. 8. A copy of the final CEQA document once complete. Supplemental Information Re nest 1 1. Remaining project fees Supplemental Information Res owe 1 As part of GLA's Section 401 Water Quality Certification Notification package, which was submitted to Regional Board staff on February 14, 2012 (and received on February 15, 2012), the applicant provided cheek number 3011442, totaling $3,014.09, which included the 401 application fee deposit and Project fees based on discharge size under"Fill and Excavation" charges. A copy of check number 3011442 is provided as Exhibit 4. According to the Dredge and Fee Calculator, the fee for channel and linear charges should be assessed under the "Fill and Excavation" or "Channel and Shoreline" schedules, whichever Mr. Darren Bradford San Diego Regional Water Quality Control Board May 8,2012 Page 7 results in the higher fee. As a result, the total application fee is $15,755.00 and not $3,014.09 as originally calculated. Therefore, the remaining fees, totaling; $12,740.91 will be forwarded to the Regional Board via overnight mail prior to the issuance of certification. Supplemental Information Reguest 2• 2. Justification for the project design and need to bypass the natural stream by conveying high flows in a 48 inch culvert. Include a discussion ofalternatives considered, and why they were eliminated as options. Supplemental Information Res onse 2: See Response 1 to Request 1, as noted above. Per a state-mandated court order to the City, the proposed Project must be completed in its entirety by 2013. As such, the City is providing the Regional Board with a discussion at Project alternatives and justification for the proposed Project design in order to expedite the issuance of 401 Certification. A copy of Project alternatives and justification for the Project design is attached as Exhibit Ia. A copy of the City's court-ordered Settlement Agreement is attached as Exhibit 1 b. Cross-sectional view maps,plan view maps, and maps depicting Project impacts within Corps/Regional Board jurisdiction are attached as Exhibit 2. Supplemental Information Re gest 3: 3. Detailed technical drawings and locations ofproposed site elements such as; rip-rap check dams, retaining walls, road(s), culverts and pipe connections, stream elevations and contours,plana types and location, etc. S�plemental Information,Res og nse 3 See Response 1 to Request 1, as noted above. Project Plans are attached as Exhibit 2. Supplemental Information Re nest 4: 4. A characterization of the historical and proposed surface and subsurface flow regimes including-indirect impacts that may result frorn activities adjacent to or upslope from waters that affect how it,functions. Mr. Darren Bradford San Diego Regional Water Quality Control Board May 8, 2012 Page 8 Supplemental Information Response 4: The proposed project Iies within the reaches of what is a naturally defined pre-historic surface and subsurface drainage course. The project site is located on the Pastern flank of the San Joaquin Hills, above southerly draining Capistrano Valley. Sediments deposited here consist of older alluvial river terrace deposits, overlying the sedimentary bedrock of the Capistrano Formation. Relatively shallow accumulations of younger alluvial wash deposits consisting of mostly clayey soils are present within the natural drainage and canyon extending from the southeast facing hills to Capistrano Valley below. The young alluvial clayey soils in the project area are generally saturated and relatively soft. Seepage and groundwater is encountered at depths of 3 to 8 feet below the ground surface. Flowing surface water is also observed along the natural drainage. The historical groundwater level and surface flows along the project vary depending on seasonal precipitation and storm water discharges from the neighboring Sun Ranch residential development, which was constructed in the late 1970's. During heavy storms significant erosion of the canyon can occur, causing soil and plant materials to be deposited downstream to San.Tuan Creek. Proposed surface flows will continue to be retained at present dry season levels. Urban water and natural seep flows will provide natural irrigation to the enhanced and restored drainage channel. Check dams in the mitigated stream will slow flows during light rain events and will provide water for naturalizing of the native plantings. Storm flows from the existing Sun Ranch community and the proposed Belladonna development, located adjacent to the proposed Project, will be piped directly into and contained within the proposed 48 inch storm drain, thereby eliminating soil and bank erosion during high-:flow storm events. The Project in effect will restore the existing canyon to a more natural flow regime similar to what existed prior to the development of the Sun Ranch community in the 1970's. Supplemental Information Request 5: 5. Storm Water Pollution Prevention Plan (SWPP)far the project. Sud lt� emental Information Response 5: The project contractor is required to prepare a stormwater pollution prevention plan (SWPPP) and submit the plan for review and approval by the City. At a minimum, the SWPPP will include a description of construction materials, practices, and equipment storage and maintenance; a list of pollutants likely to contact stormwater; site-specific erosion and sedimentation control practices; a list of provisions to eliminate or reduce discharge of materials to stormwater; BMPs, and an inspection and monitoring program. Implementation of the Mr. Darren Bradford San Diego Regional Water Quality Control Board May 8, 2012 Page 9 S WPPP will begin with the commencement of construction and continue though the completion of the project. Once the SWPPP is complete, we will provide a copy to Regional Board staff Sup plementalInformation Re oast 6: d. Describe method used to remove groundwater and/or divert surface water if necessary to implement the proposed project: Please attach a diagram with the description. Supplemental Information Response 6• The water diversion plan, as designed, will consist of the construction of a temporary gravel dam within the channel to allow the dry weather flows to accumulate and be pumped around the work area. The dry weather flow was estimated at 25 to 50 gallons per minute (gpm). This flow will provide for drain down of the basin at 30-minute intervals. A graphic depicting the water diversion.plan is attached as Exhibit 5. Supplemental Information Ike oast 7: 7. Details on how the wetland mitigation sites will be maintained managed and protected from future loss and degradation through the use of buffers, legal mechanisms, and other .farms of physical protection. Supplemental Information„Response 7. A copy of the Project's Conceptual Habitat Mitigation and Monitoring Plan which outlines the details of how the wetland mitigation site will be maintained, managed, and protected is attached as Exhibit 6. Supplemental„Information Request 8• 8. A copy of the final CEQA document once complete. Supplemental Information Response 8: See Response 2 to Request 2, as noted above. A copy of final CEQA documentation will be provided to Regional Board staff once it is complete. A copy of the Project's Draft Initial Study and Mitigated Negative Declaration is attached as Exhibit 3. January 6, 2012 Mr. Jason Lambert U.S. Array Corps Of Engineers Regulatory Division P.O. Box 532711 Los Angeles, California 90053-2325 SUBJECT: Nationwide Permit Number 27 and 43 Pre-Construction Notification Associated with the Sun Ranch Drainage Easement Improvements Project, a 16-Acre Property Located in the City of San Juan Capistrano, Orange County, California. Dear Mr. Lambert: On behalf of our client, The City of San Juan Capistrano (The City), Glenn Lukos Associates (GLA) is submitting the enclosed Section 404 Pre-Construction Notification for unavoidable temporary impacts to U.S. Army Corps of Engineers (Corps)jurisdiction associated with the Sun Ranch Drainage Improvements Project(Project) located in the City of San Juan Capistrano, Orange County, California(Exhibit 1: Regional Map and Exhibit 2: Vicinity Map). The Project, as proposed, will result in the temporary disturbance to 0.51 acre of Corps jurisdiction of which 0.49 acre consists of jurisdictional wetlands. A total of 1,569 linear feet of streambed will be temporarily disturbed. No permanent impacts will be associated with the Project, as the entire reach of the drainage will be restored. I. APPLICANT/AGENT INFORMATION APPLICANT: AGENT: The City of San Juan Capistrano Glenn Lukos Associates 32400 Paseo Adelanto 29 Orchard San Juan Capistrano, California 92675 Lake Forest, California 92630 Contact: William Ramsey Contact: Tony Bomkamp Phone (949)443-6334 Phone(949) 837-0404, Ext. 41 FAX(949) 661-5451 FAX: (949) 837.5834 Mr. Jason Lambert U.S. Army Corps Of Engineers January 6,2012 Page 2 II. PROJECT LOCATION The Sun Ranch Drainage Easement Improvements Project(Project) is located at 33.495726° north latitude and—117.678661°west longitude within Section 11, Township 8 South, and Range 8 West. The Project is bounded by existing residential development to the north,Del Obispo Street to the south, and existing residential development to the east and west within the City of San Tuan Capistrano, Orange County, California. The Project Site comprises 16 acres and does not contain any blue-line drainages as depicted on the U.S. Geological Survey (USGS) topographic map Dana Point, California [dated 1968 and photorevised in 1975] [Exhibit 1, Regional Map; Exhibit 2, Vicinity Map; Exhibit 3, Aerial Photograph]. III. PROJECT DESCRIPTION/PURPOSE The proposed.Project consists of the installation of approximately 1,500 linear feet of buried 48- inch diameter reinforced concrete pipe (RCP) storm drain pipeline along a highly disturbed and degraded natural drainage course adjacent to Tract 6742 in San Juan Capistrano. The proposed project also includes the extension of the City's existing 8-foot-wide by 3-foort-high reinforced concrete box (RCB) drainage facility located within Del Obispo Street. The proposed high-flow pipeline will accommodate existing peals storm flows, as well as increased flows associated with proposed future residential development. Project implementation includes drainage/flood control improvements that have been designed in accordance with the City's Drainage Master Plan intended to accommodate surface runoff resulting from storm flows and eliminate the potential for flooding in the Project area. An additional pipe connection will be provided to intercept existing storm drain improvements along the easement, and provide for future connection to Tract 16146 (Belladonna Estates). Project implementation will require removal of the existing vegetation within and along the easement edges to allow excavation and fill operations to be performed in order to bury the proposed 48-inch diameter reinforced concrete pipe. The improvements within the easement will also include construction of an all weather access road along the south edge of the easement, establishment of restored drainage channel that will be vegetated with native wetland and riparian habitat, and additional landscaping, and fencing. Following installation of the storm drain, the existing natural drainage channel will be reconstructed to provide increased aquatic functions for low-flow storm events and nuisance flows. As noted, the entire reach, which currently supports a predominance of non-native species, will be replanted with native riparian vegetation, resulting in a net increase in wetlands, and associated increase for the hydrologic, biogeochemical, and habitat functions. The channel Mr. Jason Lambert U.S. Army Corps Of Engineers January 6, 2012 Page 3 will be restored and enhanced to improve aquatic functions, which will increase the removal of storm water runoff pollutants from surface flows prior to their discharge into San Juan Creek. Implementation of the proposed project will achieve the following intended specific objectives, which have been identified by the City of San.Juan Capistrano. Comply with the provisions of a court-ordered Settlement Agreement requiring the construction of public stormwater drainage improvements within the existing drainage channel between Sun Ranch and the Scalzo Family Trust property. ° Construct a restored drainage channel that will serve the surrounding drainage area and provide effective storrnwater management consistent with the goals, policies and recommendations of the City's"Master Plan of Drainage." Construct a drainage channel that will comply with the City's public facility design standards while incorporating natural features. ° Maintain the channel alignment within the existing 40 foot wide drainage easement and minimize encroachment into adjoining properties. ° Restore and enhance the hydrologic, biogeochemical, and habitat functions of the currently degraded channel. The proposed site plan is attached as Exhibit 3. IV. EXISTING CONDITIONS The Project area includes the existing degraded drainage channel that enters the Project site at its northeastern boundary and extends along the eastern boundary of Sun Ranch/Tract 16146 for approximately 1,569 linear feet before exiting the southeast corner of the Project Site at an underground storm drain inlet. The Project Site is located within a largely developed area of residential neighborhoods to the north, east, and west, and Del Obispo Street to the south. The Sun Ranch Property to the west of the drainage channel consists of disturbed open space/rural development and is currently a mosaic of upland ruderal vegetation intermixed with escaped ornamental species. The drainage channel supports stands of highly disturbed wetland/riparian vegetation intermixed with ornamental and upland vegetation. Mr. Jason Lambert U.S. Army Corps Of Engineers January 6, 2012 Page 4 Corps jurisdiction associated with the subject drainage channel totals 0.51 acre of Waters of the United States, of which 0.49 acre consists of jurisdictional wetlands. A total of 1,569 linear feet of streambed is present. The drainage channel is an intrastate waterway, tributary to the Pacific Ocean.. This intermittent drainage channel carries base flow from high groundwater as well as storm water runoff and nuisance flows.from surrounding residential development before exiting the property at a storm drain inlet at the southeast corner of the Project site. Flows leaving the property are carried by storm drains before ultimately discharging into San Juan Creek. The Corps retains jurisdiction of this drainage course because its final destination (i.e. the Pacific Ocean) is a Traditionally Navigable Water(TNW). 1. Description of Waters of the United States The drainage channel exhibits intermittent flows, which enters the project site from its northeastern boundary and flows in a southeasterly direction for approximately 1,569 linear feet before exiting the property via an underground culvert at the southeast corner of the property. The channel is a natural drainage incised with a bottom consisting of sand and cobble with alternating reaches of disturbed native and nonnative vegetation.. The ordinary high water mark (OHWM) ranges from 5 to 37 feet in width and is indicated by the presence of sediment deposits in the streambed, and litter and debris along margins of the channel. Only a small portion of the upper reaches of the drainage channel lack three-parameter wetland characteristics, while the majority of the channel exhibits wetland hydrology, vegetation, and soils. Vegetation outside of the boundaries of Corps jurisdiction associated with the adjacent slopes and upper terraces along the entire length of the drainage channel largely consist of mostly non-native upland species such as Italian thistle (Carduus pycnocephalus, UPL), black mustard (Brassica nigra, UPL), castor bean (Ricinus communis, FACU), wild radish(Raphnus sativus, UPL), silver dollar gum eucalyptus (Eucalyptus polyanthemos, UPL), Brazillian pepper tree (Schinus terebinthifolius, UPL), and Mexican fan.palm(Washingtonia rohusta, FAC). Upper Reach The first 132-foot reach of the drainage channel exhibits an OHWM ranging from five to seven feet in width that is largely unvegetated, and accounts for 0.02 acre of Corps waters. The banks are dominated by thickets of non-native giant reed (Arundo donax, FACW) throughout, and also include sparse stands of Mexican fan palm (Washingtonia rohusta, FAC) and Italian thistle ' It is GLA's professional opinion that FAC is a more accurate designation for this species,as it is currently not listed in Reed and therefore considered an"upland"species. Mr. Jason Lambert U.S. Army Corps Of Engineers January 6, 2012 Page S (Carduus pycnocephalus, UPL). Although giant reed dominates the banks, this portion of the channel is largely unvegetated and the banks lack wetland hydrology and hydric soils. Middle Reach Moving downstream, the middle portion of the drainage channel ranges from 6 to 37 feet in width and supports a mosaic of plant species that exhibit wetland indicator statuses ranging from upland (UPL) to obligate (OBL), although.plants with a wetland indicator status of FAC or wetter are predominant. Locally dominant species include arroyo willow(Salix lasiolepis, FACW), spearmint(Mentha spicata, OBL), southern cattail (Typha domingensis, OBL), bristly ox tongue (Picris echioides, FAC), rabbitsfoot grass (Polypogon monspeliensis,FACW), wild celery (Apium graveolens, FACW), alkali bulrush(Scirpus maritimus, 013L), ,seaside heliotrope (Heliotropium curassivicum, FAC), giant reed (Arundo donax, FACW), and Mexican fan palm (Washingtonia robusta, FAC). Ruderal and ornamental species located within and adjacent to the drainage channel include bougainvillea(Bougainvillea spectabilis, NI), castor bean(Ricinus communis, FACU), and tree of heaven (Ailanthus altissima, FACU). Approximately one-fourth of the way downstream, the middle reach of the channel transitions into an area dominated by wetland and riparian habitat, as evidenced by arroyo willow and giant reed. A large overstory of Mexican fax palms occur less than half way downstream and is intermixed with an understory of wild celery, cattails, and arroyo willow. Approximately two- thirds of the way downstream, a 100 foot-long stand of giant reed is intermixed with small patches of arroyo willow before the vegetation transitions into a mosaic of herbaceous wetland and non-wetland vegetation associated with the lower reaches of the Drainage Channel. Hydric soils were indicated by a variety of indicators including redox dark surface, and sulf dic odor. Wetland hydrology was indicated by standing water and saturation in the upper 12 inches. Lower Reach The lower reach of the Drainage Channel exhibits an OHWM that ranges from five to seven feet in width and supports an herbaceous non-native understory with alternating areas of wetland and upland vegetation including wild celery (Apium graveolens, FACW), wild radish (Raphnus ,sativus, UPL), southern cattail(Typha domingensis, OBL), alkali bulrush (Scirpus maritimus, OBL), and rabbits foot grass (Polypogon monspeliensis, FACW). Upland areas adjacent to the open channel are dominated by Italian thistle(Carduus pycnocephalus, UPL) and intermixed with black mustard(Brassica nigra, UPI,), occasional silver dollar gum eucalyptus (Eucalyptus polyanthemos, UPL), and tree of heaven (Ailanthus altissima, FACU). Hydric soils were indicated by a variety of indicators including redox dark surface, and sulfidic odor. Wetland hydrology was indicated by standing water and saturation in the upper 12 inches. Mr. Jason Lambert U.S. Army Corps Of Engineers January 6, 2012 Page 6 The limits of Corps jurisdiction are depicted on Exhibit 4. A copy of the Project's jurisdictional delineation report, verified by the Corps,is attached as Appendix A. V. IMPACT ANALYSIS The Project, as proposed, will result in the temporary disturbance to 0.51. acre of Corps jurisdiction, of which 0.49 acre consists of jurisdictional wetlands. A total of 1,569 linear feet of streambed will be temporarily disturbed. No permanent impacts will be associated with the Project, as the entire reach of the drainage will be restored. A graphic depicting temporary impacts to Corps jurisdiction is attached as Exhibit 5. VI. AVOIDANCE/MINIMIZATION OF LOSSES TO JURISDICTIONAL WATERS Corps jurisdiction associated with the Project totals 0.51 acre, of which 0.49 acre consists of jurisdictional wetlands. A total of 1,569 linear feet of strearnbed is present. The Project, as proposed, will result in the temporary disturbance to 0.51 acre of Corps jurisdiction, of which 0.49 acre consists of jurisdictional wetlands. A total of 1,5691inear feet of streambed will be temporarily disturbed. No permanent impacts will be associated with the Project, as the entire reach of the drainage will be restored. During the planning process, the City analyzed the potential to preserve all or portions of the subject drainage channel within the Project site. However, preservation of the on site drainage feature would result in the inability to improve the existing storm drain system, which would make the Project infeasible. Additionally, the subject area as it currently exists, is highly disturbed, consisting of dense areas of giant reed along with a variety of other non-native invasive species. Onsite jurisdictional waters will be improved and enhanced as a result of the Project. Mr. Jason Lambert U.S. Army Corps Of Engineers January 6, 2012 Page 7 Implementation of the proposed Project will comply with the provisions of a court-ordered Settlement Agreement requiring the construction of public stormwater drainage improvements within the existing drainage easement between. Sun Ranch and the Scalzo Family Trust property. The Project is limited to 1,569 linear feet of soft bottom with earthen banks between the previously improved concrete lined channel to the east and the existing storm drain triple-box to the west. As a result, the City has no other option for safely conveying the regional storm flows other than within this existing easement. Therefore, there is no practicable way to avoid temporary impacts to the jurisdictional waters due to the characteristics of the Project site and associated hydrological conditions. VII. PROPOSED MITIGATION The Project, as proposed, will result in the temporary disturbance to 0.51 acre of Corps jurisdiction, of which 0.49 acre consists of jurisdictional wetlands. A total of 1,569 linear feet of streambed will be temporarily disturbed. No permanent impacts will be associated with the Project, as the entire reach of the drainage will be restored. As mentioned earlier,the subject drainage channel is highly disturbed, supporting dense thickets of non-native invasive vegetation. During the initial phase of construction, the City is proposing to remove all non-native/invasive vegetation within and immediately adjacent to the subject drainage channel. Following installation of the storm drain, the City proposes to restore and enhance all temporary impacts on site through the restoration and enhancement of 0.70 acre of native wetland/riparian habitat on site. The post-Project condition will provide significantly higher aquatic functions such that restoration at a 1.3:1 ratio will result in 1) no net-loss of wetlands (in fact a net increase) and 2) a net increase in the hydrologic, biogeochemical, and habitat functions. It is important to note, when considered in terms of `native"habitat, the actual replacement ratio is xx:l due to the high percentage of non-native vegetation currently associated with the site. "VIII. THREATENED AND ENDANGERED SPECIES GLA prepared a biology report for the Project area dated August 22, 2011. An updated biology report was prepared on December 19, 2011. No state or federal threatened or endangered plant or wildlife species were identified on site. Plant,Species Mr. Jason Lambert U.S. Army Corps Of Engineers January 6, 2012 Page 8 During the biological surveys conducted by GLA, no endangered or threatened plant species were observed within the Project area. Therefore, no impacts to endangered or threatened plant species are associated with the Project. A copy of the updated general biology report for the Project is enclosed as Appendix C. Wildli e Species During the biological surveys conducted by GLA, no endangered or threatened wildlife species were observed within the Project area. Therefore, no impacts to endangered or threatened wildlife species are associated with the Project. A copy of the updated general biology report for the Project is enclosed as Appendix C. IX. CULTURAL RESOURCES On August 29, 2011, BCR Consulting (BCR) conducted an archaeological field survey for the Project area. In addition, BCR conducted a records search of the Project area, and on October 18, 2011, BCR prepared a Cultural Resources Assessment documenting the findings and recommendations of the subsequent field survey and records search. As a result, no cultural or historical resources were observed within the Project area. Although no cultural or historical resources are present on site,BCR indicated that the nearest previously recorded cultural resource is a large prehistoric camp located approximately 200 feet north of the Project area. Due to the proximity of the prehistoric camp to the Project site, BCR has recommended cultural resource monitoring during Project activities. A copy of BCR's cultural resource report is attached as Appendix C. X. REGIONAL WATER QUALITY CONTROL BOARW SECTION 401 AUTHORIZATION FOR IMPACTS The proposed Project will temporarily disturb 0.51 acre of Corps/Regional Board jurisdiction, of which 0.49 acre consists of jurisdictional wetlands. The City is concurrently submitting a Section 401 Water Quality Certification Notification package to the Regional Board requesting a Section 401 Water Quality Certification. The Regional Board contact is expected to be Chad Loflen. Mr. Loflen may be contacted at (858)467-2727 and at cloflen@waterboards.ca.gov. A copy of the Regional Board Section 401 Water Quality Certification Notification package is attached as Exhibit 6. Mr.Jason Lambert U.S. Army Corps Of Engineers January 6, 2012 Page 9 XI. STATE APPLICATION The Project, as proposed, would temporarily disturb 0.56 acre of CDFG jurisdiction, of which 0.54 acre consists of vegetated riparian habitat. The City is concurrently submitting a Section 1602 Streambed Alteration Notification package to the CDFG requesting a Section 1602 Streambed Alteration Agreement, The CDFG contact is expected to be Marilyn Fluharty. Ms. Fluharty may be reached at(858)467-4231 via telephone or mlluhar� .ca.�via electronic mail. A copy of the CDFG Section 1602 Streambed Alteration Notification Package is attached as Exhibit 7. The following items are enclosed: (1) Jurisdictional Delineation Report(Appendix A Contained on Attached Compact Disk); (2) General Biological Report(Appendix B Contained on Attached Compact Disk); and (3) Cultural Resources Assessment Report(Appendix C Contained on Attached Compact Disk). Mr. Jason Lambert U.S. Army Corps Of Engineers January 6, 2012 Page 10 If you have any questions regarding this application, please contact me at(949) 837-0404, Extension 44. Sincerely, GLENN LUKOS ASSOCIATES, INC. Lesley Lokovic Regulatory Specialist s: 0814-11 b.4041tr.doc cc: Keeton Kreitzer, Keeton Kreitzer Consulting William Ramsey, The City of San.Tuan Capistrano Joe Mankawich, The City of San Juan Capistrano David Stuetzel, Hall &Foreman Inc. SUN RANCH DRAINAGE IMPROVEMENTS CIP 11503 CONSTRUCTION SCHEDULE: Approve Plans and Specs — June 2012 Receive Agency Certifications — July 2012 Did and Award —,July 2012 Notice to Proceed — August 2012 Clear and Grub — Aug/September 2012 Construct Pipeline — Sept/Oct 2012 Construct Access Road & Stream — Nov 2012 Plant -December 2012 Attachment 6 �r 4y CL ''y H dIl •••pgiii'III[ �' �'' i` a , IV Le p Y t +5d z x ■rte tx _ _. O li HWO JO IY ti n P Ers O 32400 PA SES ADE AriaTO MEMBERS,Or THE CITY C UNVL SAN JUAN COaPISTRA NO,CA 97675 TO (9�Z9)93-1175 :, LAURA_RrESf- (949)492-if�7 � r � F¢ras t utuartaYe C Est6E USa ft g LARRY KRAFR Wwvw Lyonj wn eqpharana vfg, 1776 L3CFRCFC REEVE JOHN TAYLOR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, June 19, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of Approval of a Mitigated Negative Declaration (MND) and Plans and Specifications for the Sinn Ranch Drainage Improvement Project (CIP 11503) (Hall & Foreman, Inc.)" — Item No. 12a. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 18, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk _,sanjuancapistrano.orp, Maria Morris, CMC City Clerk cc: Hall & Foreman, Inc.; Keeton Kreitzer 6/19/2012 RECEIVED 12a Mr. Joe Mankawich t 12 JUN 18 an 9 59 City of San Juan Capistrano CITY CLERK 32400 Paseo Adelanto SAN JUAN CAPISTRANO San Juan.Capistrano, CA 92£75 SUBJECT: Sun Ranch Drainage Easement Improvements (CIP 11503) Dear Mr. Mankawich: My wife and I live at near the western end of the Sun.Ranch drainage channel. I had hoped to attend the June 19`x' City Council meeting to voice some concerns with the proposed easement improvements related to this project, however I will be out of town. We respectfully request that the comments contained herein be entered into the public record for consideration during the meeting and prior to approval of the project. We, and our neighbors at ; are concerned about potential damage to our slopes and the landscaping and structures supported there during construction. Our concerns are based on a review of the February 10, 2012 geotechnical report titled Final Geotechnical Stud3�Report, Proposed Sun Ranch Drainage Improvements, San .loran Capistrano, California. The geotechnical study and stability analysis performed indicates that remedial grading will require maximum vertical excavation of 10 feet below current drainage channel bottom grade. This analysis is based on minimal test borings and test pits (2 of each) located at the eastern end of the drainage channel near Del Obispo Street. Our concern is that this assumption may be optimistic and deeper remedial excavation may be required. Deeper vertical excavation may require additional horizontal grading and impact the hillsides of our properties more than is currently anticipated by your department. We have invested many years of labor and significant expense to improve our hillside slopes and yards, and we are concerned that the construction activities as planned could jeopardize the stability of our property and damage our hillsides. We suggest the City consider clearing the invasive Arundo that currently chokes the channel so that engineers can more thoroughly inspect the entire channel and, if warranted, perform additional borings/test pits. Also, prior to construction activities, we would appreciate survey monuments be installed and surveyed on our hillsides, and :monitored during construction for vertical and horizontal control. The City and project contractors should have an alternative work plan in place that considers the possibility of changed conditions and the need for deeper excavations, shoring or permanent structures, and safe excavating procedures to maintain stable slope conditions. We also request that the City have full time inspection of excavations during construction and that no excavations exceed the currently planned depth of 10 feet without appropriate evaluation and design by the project engineers. If excavation into our hillsides is required, we request the City consider the necessity for shoring during construction and/or permanent structures be constructed at the base of the slopes to stabilize there and minimize the potential for any slope failure. Thank you for your consideration. Res eetfully, Scott Kurtz San .Tuan Capistrano California 92675 cc: San Shoucair, Assistant Public Works Director Doug & Jackie Price, San Juan Capistrano, CA 92675 6/19/2012 12a ZWN HAN %,orl UKAINAE0i'tE IMPRO 5 r-w,: S. z r yg it F i WON Lu W � � zr ! � '.! -rte * • s " � . s s - s��Ya�f�fs� - b ✓�Srr���? f'E 5` j r 3� s�z�t��� 3 KS �£ ��€ P PROJECT OBJECTIVES Comply with the provisions of a court-ordered Settlement Agreement requiring the construction of public storm water drainage improvements within the existing drainage channel between Sun Ranch and the Scab® Family Trust property. ® Construct a drainage channel that will serve the surrounding drainage area and provide effective storm water management consistent with the goals, policies and recommendations of the City's "Baster Plan of Drainage." Construct a drainage channel that will comply with the City's public facility design standards while incorporating natural features. Maintain the channel alignment within the existing 40 foot wide drainage easement and minimize encroachment into adjoining properties. Create wetland area to mitigate the removal of areas of existing wetland consistent with U.S. Army Corps of Engineers (USAC®E) and California Department of Fish and Game- required permits. RL)"ATA S HEE ESTIMATED COST OF THE PROJECT. $3.22 Million CONSTRUCTION SCHEDULE: Approve Plans- June 2012 Bid and Award - July/August 2012 Secure Agency Permits - August 2012 Notice to Proceed --August 2012 Gear & Grub- sept 2012 Construct Pipeline - Sept/Oct 2012 Construct Road & Stream Nov 2012 Plant - December 2012 l 4y s, y; v > r \ bis uw t Nov\ `nK 1f � 3 E ' a4 CO Legend MRAiNAGE C4,Yfps_Mon-WetlandWaf@'YS p WKM in Feet E- 4A a! 43 'Pit Location H IV r" Y 7: a di3.4®2�83 r � ' k 4 a -2 VA Y€l CT�#6 It His SUN CHMANAGE Sae PW FAA*3 Noposed Cham,44 lempar^ary Impacts i inchµ1W feet 5. i i � < 9 f � J $$ 34 3 Y �f MIDDLE REACH FAN PALMS 1 t Z 2. y T vZ{ o- ttx 't f S §� LOWER REACH EUCALYPTUS AND VOLUNTEER ORNAMENTALS gg d f r y 4 V :. _ l s t s: s + 3r� P""LAN LOWER REACH U.NMIUC7,10, Nam, mat Si w� - "' h'•.fix,'>p U.a.`\`�,f ;X.✓" viy[ 'Sf 9ELBt.. yt x» .'A ,.. 96L "« G.b..�. .F r" /}� 'r`• �" J .'� -n< — ,ew .,s.� x.,m. llf1.G9la S71 r $8192 PAW,PO r A, w `-:. �• :'�'" .€ -'�� k'(ksVll CITY 4W SAN I AN€ At I �-It r".€a - �:, .. 514w�rc€Fc`rniui ,uor . �r Ci€RA Ian,.PI AN 5t.i r. 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K1j. d SUN RANCH DP_kMA43E EASMAENT 4 a t Christy JAI From: Christy Jakl Sent: Friday,June 22, 2012 4:11 PM To: Joe Mankawich Cc: Jim Ross; Lindsey Mannan Subject: Sun Ranch Drainage Reso Attachments: 12-06-19-0&pdf Hi Jae, For your records, attached is the executed Sun Ranch Drainage resolution. Thanks! UwisN J,-ikl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 32400 PASEO a�4�s�'LAN O MEMBERS OF THE CITY COUNCIL ,'SAN_UAN C.��'BSTRA8 O.CA 9267 i '' i (949)493-1171 SAM i1LLEVRTC3 (949)493-1053 FAx ® � ]'I E9♦"m no IAURA FREESE E4T9BLIS E� � LARRY pCRAME R www.san,,Fuancapistruna.org 1776 DEREK REEVE JOHN TAYLOR TRANSMITTAL TO: Spiess Construction Co., Inc. 1110 N. Clark Avenue, Suite 210 Santa Maria, CA 93455 ]ATE: August 20, 2012 FROM: Christy Jaki, Deputy City Clerk (949) 443-6310 MSE: Construction Contract — Sun Ranch Drainage Improvement Project (C IP 11503) 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 the agreements. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Joe Mankawich, Associate Engineer at (949) 487-4313. Enclosed is an original agreement for your records. Cc: Joe Mankawich, Associate Engineer San Juan a _strana: PreserWrig the Past to Enhance the Future Pnnh:dr��9Cf]%reryrksdpa��e _ Christz JAI From: Christy Jak Sent: Friday, August 17, 20712 9:05 AM To: Joe Mankawich Subject: Spiess Construction Hey .doe, Happy Friday! Please have Spiess Construction provided all require insurance documentation and bonds for their recently approved contract. Once received we'll release the agreement. Let me know if you have any questions. Kindest Regards, Christi JAI Deputy City Clerk City of San .Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 1 Christy JAI From: Christy Jakl Sent: Monday, August 20, 2012 11;43 AM To: Joe Mankawich Subject: Spiess Construction Contract Attachments: 2012 Spiess Construction -.Sun Ranch.pdf Hi Jae, For your records, attached is the executed Spiess Construction Contract. Thanks! Christi RAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 j (949) 493-1053 fax 2 Today's ®ate: Transmittal Routing (Check All That Apply) City Attorney ❑ City Manager ❑ City Clerk CONTRACT TRANSMITTAL COUNCIL. MEETING ®ATE (it applicable): I �� Project Manager's Last Name: { y t�/1�, �G Phone Extension: CIP No. (if any): APPROVING AUTHORITY: (Check One) Mayor CRA Chair City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded —only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Name(s) street City _ St dip I OTHER INSTRUCTIONS: $tw g V4 yl • Q__"tW' i 061 , Form Date:01-2004 D - 7 AFFIDAVIT OF PUBLICA'T`ION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange j I am a citizen of the United States and a resident of the County aforesaid; I am over the age of 1&iD776ii iN6l1TIN#Bins 61DBI IIiA1NCf1 DTtA1.... eighteen years, and not a party to or interested in iit>s#avaxi�lNr�aiia+asoa) NaGce is hereby gwen that sealer!bids far Sun Ranch the above entitled matter. I am the principal clerk t7rainage tinprovarrtenY GIP Na 1%081.wjtf Jj reaeived at the CG.14Id.of itie City C. of the City ai San Juan Capistrano ; aornra until2JjWm tf►1 Pdaursd�y,earl 26 20#$ of the Capistrano Valley News, a newspaper atwhtah#�m�t�e� be ope,�edand readoa� f set of paper Crsntre4 P e a newspaper oaeuments will 6cravailabie that has been adjudged to ba f Amon Junp 2s 21Qiz and maybs',nspeotad w,troutar�e rat the Public 1NorCs;Dapartment,;C�ty of Sari uan Capistratra- 'no 32404 Paseo Adelpnto San Juan- 'YPMCt apo general circulation by the Superior Court of the s2s75 t teafrorne sets�f said contrast p ,ments wtlf b� svaEable o be mewed onllne,�fter 760 pn or June,28, ?ZOf2 Caples of Plars and Spdiea#�orrs_ma be— 'Our-County of Orange, State of California,on June 7, al7ased tram coastal Blue Gore,33031 Calle Pe ecto,.San 1uan Ga istrano CA y2&75 (9.0.ect to oe teakauercom For mora Information please con= 19 84, Case No. A-122949 in and for the City of w � Aseoc:aYe En�rneer at tsps)4a7_Please, ©axed June 26 20f2 - San Juan Capistrano, County of Orange, State of ismnana Mprris ` JNARIA fuloRlls olr ria CITY OF$F4N JUAN CAPIS7RANa; California; that the notice, of which the annexed ofAN+aoUNrY cAtnRNIA:... Fu Ns Ca Istreno aIle News lJ5 1 :2 2-.:9 4 is a true printed copy,has been published in each regular and entire issue of said newspaper and . not in any supplement thereof on the following dates, to wit: July S, 19,2012 "I certify (or declare) under the penalty of perjury under the taws of the State of California CIO that the foregoing is true and correct": ZZ� Executed at Santa Ana,Orange County, California,on r\,) Date: July 19,2012 y .»0 Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORMA, ) ) ss. County of Orange } I am a citizen of the United States and a resident of the County aforesaid; I am over the age of NorrcR Mwrvreaa Bros SUNNA cr€rfle�mr�4ao eighteen years, and not a party to or interested in rwr;ou;E �Not3ce i� 'bteby gtveh that sealed ids lar: 1,n an the above entitled matter. I am the principal clerk btanago tmpravement els Na 1A503 wc!!be re��vea atthe office of the C€tv Clerk akthe C of San Juin' aptstrano, GalitomEa unit 2,D0 p on 1f uYsalaq,�€u1y 2EF,2op2'. of the Capistrano Valley News, a newspaper ak;whroht�me'3feywt!$e,oper�dantlreadaloud A set of paper Gonkraat poaumants wdl be avaitabie 6y 1;00 l that has been adjudged to be a newspaper of pm an Ju0e24 2012 art.play bsjnspeded wltho atlarg®, at'itf€e Pubt c lNorkk[Np partmM airy of San Juan;Gip i tra na 324="Pa5 o Adelanto San'':Juan Ga1SEstir 0 'CA general circulation by the Superior Court of the sz..s7� Electrarr€a saw of said cm hast Daauriients will 6e aVadaiiie to kie viewed online 8fter 1 UD pm an June,28 21112 Copies of I'IMS and 3peeifi%bbns Spay be pu County of Orange, State of California,on June 7, chases from coasts€ole carp �aogr cane P@rtecto son Juan Cflppiskrm€a CA 92615 (9A9}240 9911. www caastalfit€se com For more iriiormat€on,.please xan=: 1984, Case No. A-122949 in and for the City of tact Jae Ma uawiah Assoaiate Engit ear at(sas)as7 ma Crated June 2S 2p12 - San Juan Capistrano, County of Orange, State of lsrnaatia Martis MARIAM4ARlS CITYC!_EyK GiTY OF SAN JUAN CAPISTRANO California; that the notice, of which the annexed �R�Iv�aoou)rX cALIFDANIA PrtYr fish Caoiatrano Valley PJews Juiy 5 18 �n gG94421 '. is a true printed copy,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: July 5,19,2012 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing.is true and correct": Executed at Santa Ana,Orange County, California,on Date: July 19,2012 Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (71.4)796-2209 TO'd 70101 c5 -FIJ C WrICE 1K`lfMHG S71DS SU i1AliCH DPAIKAGE I11 P110FV'MeoY1"IqP 4>e5p3} Notice is f areby given that soaied bids for Sun Ranch Drainage improvement CIA No-11503 will received at the office of the Gi Clar s of the City n€San Juan Capistrano, California,untE!211 p.m.an Thu�sdaY Juh 25,281.2 at which time#hey wilt be opened and reae�aloud. A set of paper Contract Documents wit[be available by 1:00 prrt en June 28,2gt2 and maY be In.peoted without charge at the ubifc Marks Department,C ty of San Juan Capist€a- no, 32406 Paseo Adelanto, San Juart Capistrano, CA 92675, &ectronic sets of sa€c Contract Documents will be avaifable to be viewed online after 1:00 pm on June 28, 2012. Copf86 of Pians and Speoftotions may be pur- chased from Ccastal slue,Corp.,3W91 Calle Perfecto.San Juan Capistrano, CA. 82675, (949)240-9911, www.coastalblua.c% Par n4re information, please con- tact Joc Mankawich,Associate Engineer at(949)4874313, Dated:June 26,2012 Is/Maria Morris MARIA MORRIS,C €iK CITY OF SAN JUAN CAFI8TRANO ORANGE COUNTY,CALIFORNIA r ublisN Capistrano Wiley News JWY 6,19,21712 9491421 cDiSIElid AlNno-i 36NU 10 6S:80 ETOE-2 -Nnf TO"d _Ildlol C - _ AJ� _pUt'J � MOTICE 1NYT17NG MIS SINN AAMON DAAIAEAGE IMPROVEMENT(C:IP 11503) Notice is hereby given that sealed bids for,��nn Ranch Drainage Irnprnvernent CIP No.i1�03 wm be rece'. at the .Plica ci the Cly Cork of the City of San Juan Capistrano, California,until 2:00 p.m an Thoradar Juty 2452012 at which time they will be opened and read aloud. A set Of Paper Contract Documents will be available by 1:00 prn on June 28,2012 and maybe LIspeclpd witho;lt charge at the Public Work%Deparlmnt,City of San Juan Capistra- no, 82400 Paseo Adelanm, San Juan G 7istra CA 92675. Electronic sets of said Contract Documents will be available to be viewed online after i:00 pm on June 28, 2012. Copies of Plans and Specifications may be pur- chased frcm Coastal Blue,COTP.33M Calle Perfecto,San Juan Capistrano, CA. 92675, (9 9911, www.eoastalhlue_com. For more!Rotation,ptease con- tact Joe Mankawich,Associate Engineer at(949)487.4313. Dated.June 26,2012 lslMaria Morris MARIA MORRff.TF'1Y 6LE K_ CITY OF SAN JUAN CAPISTRAN€3 ORANGE COUNTY,CALft±ORNIA Publish:Capistrano Valley News July S.19,2012 9491421 TO'TQ•a EE92 966 t7TL 631ST E )dNn :ml9W�O L2:9T zToE-9E-r4nr NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHANGE TO ACCOUNT NO: 0041925000 FOR PUBLICATION ON: JULY 5, 2012 JULY 19, 2012 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — SUN RANCH DRAINAGE IMPROVEMENTS (CIP 11503) PROOF OF PUBLICATION: Please fax to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053 .r _.._ telephone (949) 493-1171 AUTHORIZED BY: Mari M gity ClerITN DATE; June 26, 2012 Date of Bid Opening - 07/26/2012 Date(s) notice published - 07/05/201 07/19/2012 ''�� Date affidavit received - Date notice posted in _ 07/05/2012 designated posting places NOTICE INVITING BIDS SUN RANCH DRAINAGE IMPROVEMENT CIP 11503 Notice is hereby given that sealed bids for San Ranch Drainage Improvement CIP No. 11503 will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2:00 p.m. on Thursday, July 26 2012 at which time they will be opened and read aloud. A set of paper Contract Documents will be available by 1:00 pm on June 28, 2012 and may be inspected without charge at the Public Works Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Electronic sets of said Contract Documents will be available to be viewed online after 1:00 pm on June 28, 2012. Copies of Plans and Specifications may be purchased from Coastal Blue, Corp., 33091 Calle Perfecto, San Juan) Capistrano, CA. 92675, (949)240-9911, www.coastalblue.com. For more inform doj' ase contact Joe Mankawich, Associate � p, Engineer at (949) 487-43'13. � V;� Dated: June 20, 2012 MARIA I 'O� w I CITY CLLAK CITY`=QSA ' JUAN CAPIST NO ORANGE COUNTY, CALLPORI IIA CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS FOR CONSTRUCTING SUN RANCH DRAINAGE IMPROVEMENTS CIP NO. 11503 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the construction of this project will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 pm on July 26, 2012 at which time they will be opened and read aloud in Council Chambers of the City of San Juan Capistrano. N-2 DESCRIPTION OF THE WORK: The work to be done consists of constructing approximately 1450 linear feet of 48" RCP storm drain piping and appurtances within a City of San Juan Capistrano 30 — 40' wide drainage easement located within the Sun Ranch Tract 6742, construction of approximately 130 linear feet of reinforced concrete box culvert within Del Obispo. The project improvements will include the removal of existing vegetation within and adjacent to the drainage easement and include the overexcavation and removal of 37,000 CY of unsuitable soil material. Replacement of unsuitable material shall be with competent soil material for use in excavation backfill, stabilization and fill within easement over-excavation areas of approximately 54,200 CY. Contour grading and construction of water quality bio-swale will be completed with installation of riparian and private property landscape materials. The work will include locating interfering utilities, excavating, backfilling, surface restoration, removing and replacing landscaping and irrigation systems, chain link fencing and masonry walls, connection to existing facilities, protection of existing drainage facilities, public notification, coordination with the County of Orange, Federal and Local Permitting Agencies and all other appurtenant work necessary to construct the storm drain lines. N-3 LOCATION OF THE WORK: The project site is located within the City of San Juan Capistrano, in public rights-of-way and easements, as specified. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within One Hundred Fifty (150) calendar days after the date specified in the Notice to Proceed. Liquidated damages will be assessed as set forth in the Agreement for failure to meet the specified completion date. N-5 AWARD OF CONTRACT: (a) The City will award the contract for this project to the lowest responsible bidder. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance in an amount of 100 percent of the contract price. N-6 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of San Juan Capistrano. N-7 BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of 60 calendar days after the date of Bid opening. N-8 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class "A" Contractor license at the time of submitting bids. Christi Jak[ From: Christy Jakl Sent: Tuesday,June 26, 2012 11:56 AM To: dward@ocregister.com Cc: Maria Morris Subject: Item for Publishing - City of SJC (Sun Ranch Bid) Attachments: 120726 Sun Ranch C P 11503 SHORT,doc Importance: High Good Morning, Attached is an item for publication from the City Clerk's office of the City of San Juan Capistrano. Included in the attachment is the Notice of Transmittal with appropriate publication dates and account number as well as the publication. Please fax a proof to my attention at (949) 493-1053 for review and approval. Kindest Regards, Uit-ist-� JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 ( (949) 493-1053 fax 1 Christy JAI From: Christy Jaki Sent: Tuesday, June 26, 2012 11:54 AM To: Joe Mankawich Subject: Sun Ranch Bid Notice Attachments: 12-0726 Sun Ranch Bid Notice.pdf Hi Joe, For your records, attached is the signed Sun Ranch Bid notice. Thanks! Christi JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 2