Diego to ensure compliance with the City of San Diego Historical Resources Guidelines and oversight of survey and identification methods and resource evaluations.
Sweetwater Reservoir, Water Main Replacement, San Diego County, CA.
Cultural Resources Principal Investigator. ESA was retained by Sweetwater Authority to prepare an IS/MND for the replacement of a 36-inch pipeline leading from Sweetwater Dam. Sweetwater Dam was originally constructed in the late 19`" century and was subject to upgrades in 1917. ESA conducted a Phase 1 Cultural Resources Assessment including archival research, pedestrian, survey, historical research, Native American outreach, and the preparation of a technical report documenting archaeological and historic -architectural resources that might be impacted by the project. The study concluded that features that would be altered by the project that were contributing elements to the historic dam would need to be replaced in kind. Monica directed the team of researchers which conducted this work, assisted in evaluating project impacts to the dam, and facilitated in the development of appropriate mitigation.
California Department of Water Resources, Perris Dam Mitigation Area, Riverside County, CA. Cultural Resources Senior Reviewer. ESA prepared a Phase I cultural resources survey report for the project which includes a creation/restoration program within the Western Riverside County Regional Conservation Authority mitigation area with the purpose of creating/restoring riparian habitat that is biologically equivalent or superior to that which is being impacted as a result of the Perris Dam Remediation Program being carried out at Lake Perris. The study concluded that the area is sensitive for archaeological resources and additional work was recommended. Monica served as the Senior Reviewer for the Phase I cultural resources survey report.
Bureau of Land Management, Lakeside and Ridgecrest Abandoned Mine Lands Archaeological Inventory, San Diego and Kern Counties, CA. Cultural Resources Principal Investigator. ESA has been retained to provide cultural resources services to the Bureau of Land Management (BLM) in connection with the Abandoned Mine Lands program. The BLM proposes to conduct remediation of physical safety hazards associated with Abandoned Mine Lands. Remediation would consist of backfilling or closing off mine shafts, adits, and prospects. ESA prepared archaeological inventory reports documenting the abandoned mines, in compliance with Section 106 of the NHPA.
r ESA
Michael Vader
Senior Associate
EDUCATION
Michael is cultural resources specialist with experience working on survey, data BA, Physical
recovery, and monitoring projects. Michael has experience with project Anthropology, University
management, has led crews on multiple surveys and excavations, and is familiar of California,
with environmental compliance documents. He has worked on a variety of energy Santa Barbara
and water infrastructure projects throughout California, including projects in M.A., Applied
Riverside, San Diego, Imperial, San Bernardino, Los Angeles, Orange, Santa Archaeology (In
Barbara, San Luis Obispo, Kern, Fresno, Madera, and Inyo Counties, as well as in Progress), California
Clark County Nevada. Michael regularly works as part of a team, coordinating State University San
Bernardino
with field staff and agency leads.
13 YEARS OF
Relevant Experience
EXPERIENCE
San Diego Gas & Electric's Tie Line (TL) 6975 San Marcos to Escondido 69 kV
PROFESSIONAL
Project, San Diego County, CA. Archaeologist. San Diego Gas and Electric
AFFILIATIONS
Company (SDG&E) retained ESA to prepare an Initial Study/Mitigated Negative Society for California
Declaration. SDG&E proposes to install new overhead single -circuit electric Archaeology (SCA)
power line structures, to rebuild existing structures from single circuit to double Society forAmerican
circuit, and to reconduct and re -energize existing conductors. Michael prepared Archaeology (SAA)
the assisted with the Assembly Bill 52 consultation and prepared the cultural Pacific Coast
resources and tribal cultural resources ISM ND sections for the project.
Archaeological Society
(PCAS)
Bonsall High School Project, Bonsall, San Diego County, CA. Archaeologist. ESA
SPECIALIZED
was retained by the Bonsall Unified School District to conduct a Phase I cultural
EXPERIENCE
resources assessment for the Bonsall High School Project in support of an Analysis of faunal
Environmental Impact Report. The project would include the construction of a remains including fish
new high school that would accommodate 1,500 students in grades 9-12 and 50- and shellfish species
60 district staff. Michael led the survey and prepared the Cultural Resources Archaeological
Assessment Report for the project.
Monitoring
Paleontological
Pacific Beach Vector Habitat Remediation Project, San Diego,, CA.
Monitoring
Archaeologist. The City of San Diego retained ESA to prepare an ISMND for the Pacific Beach Vector Habitat Remediation Project as part of the County of San Environmental
Compliance Monitoring
Diego Vector Habitat Remediation Program. The City is proposing this area for mitigation under the County Department of Environmental Health Vector Habitat Human os
bioarchaeology osteology
Remediation Program because it is a known mosquito breeding habitat. The purpose of the Project is to decrease favorable habitat for mosquitos, improve the water quality in the Kendall Frost Mission Bay Marsh Reserve, and to create tidal marsh, transitional zone and upland habitat by improving the Noyes Street storm drain outfall which drains and discharges into the Reserve. Michael led the cultural resources survey and prepared the Phase I cultural resources assessment report in support of the ISMND.
Coast Highway Corridor Study Project, Oceanside, CA. Archaeologist. ESA was retained by the City of Oceanside to prepare an EIR for the Coast Highway
Michael Vader
Corridor Project. The project would modify an approximate 3.5-mile-long segment of the Coast Highway corridor that runs through the City of Oceanside to encourage redevelopment and revitalization of the area. Proposed modifications include lane conversions, street improvements, intersection roundabouts, and increased parking and bicycle facilities, as well as an amendment to the Zoning Ordinance to create a Coast Highway Incentive Overlay District. Michael conducted the survey and prepared the Phase I cultural resources assessment report in support of the EIR.
Sorrento Valley Channel Restoration Project, San Diego, CA. Archaeologist.
ESA has been retained by the City of San Diego to prepare an EIR for the Sorrento/Los Penasquitos Restoration Program. The Project consists of the restoration of the historic coastal salt marsh habitat within the Los Penasquitos Lagoon to be completed in two phases. Michael assisted with the cultural resources survey and prepared the Phase I cultural resources assessment in support of the EIR.
El Money Valley Mining and Reclamation Project, San Diego County, CA.
Archaeologist. El Monte Nature Preserve, LLC retained ESA to conduct an updated Phase I cultural resources survey in support of the El Monte Valley Mining and Reclamation Project. The project includes the extraction of 15-million tons of surface mineral over a 15-year period in the El Monte Valley on land that is zoned for extractive use, and the reclamation and restoration of the project area to open space with an open water pond. Michael led the updated survey, prepared the technical memorandum presenting the results of the survey, and assisted in Extended Phase I testing of archaeological site CA-SDI-13592.
Loma Alta Slough Vector Habitat remediation Project, Oceanside, CA.
Archaeologist. The City of Oceanside retained ESA to prepare an ISMND for the Loma Alta Slough Vector Habitat Remediation Project as part of the County of San Diego Vector Habitat Remediation Program. The project includes the initial phase of planning to mitigate mosquito breeding habitat within Loma Alta Slough. In support of the ISMND, ESA prepared a Phase I cultural resources assessment of the project area. Michael conducted the survey and prepared the Phase I report for the cultural resources assessment.
Richard A Reynolds Desalination Plant Phase 2 Expansion -Solar Project MND, San Diego, CA. Archaeologist. ESA will be preparing an EIR for a PV solar facility to be co -located with the Richard A. Reynolds Desalination Plant. The purpose of the proposed project is to construct solar panel arrays within the bounds of the desalination facilities to provide enough electricity to power the Phase II expansion of the plant. Michael conducted the cultural resources survey and prepared a Phase 1 Cultural Resources Study for the project.
Richard A. Reynolds Desalination Plant Phase 2 Expansion - Cultural Resources, San Diego, CA. Archaeologist. ESA was contracted by the Sweetwater Authority to perform a cultural resources study for the Phase 2 Expansion at the Richard A. Reynolds Desalination Plant. The expansion would increase the desalinated potable water production at the desalination plant from its current 5 million gallons per day (mgd) capacity to 10 mgd. Michael conducted the cultural resources survey, coordinated with the BOR archaeologist, and prepared the cultural resources study for the expansion.
/_1»>I►IQPAV4=3
Native American Outreach
Santa Gertrudis Creek Trail Phase II Undercrossing Project Cultural Resources Assessment
ESA I D201901440.00
January 2022
PUBLIC VERSION
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
December 8, 2020
Native American Heritage Commission
1550 Harbor Boulevard, Suite 100
West Sacramento, CA 95691
FAX- 916-373-5471
Subject: Sacred Lands File search request for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (D201601440.00)
To whom it may concern:
Environmental Science Associates (ESA) has been retained by the City Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA). The Project would design and construct a bicycle/multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. As depicted in the attached map, the Project area is located in the City of Temecula within Riverside County, within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
In an effort to provide an adequate appraisal of all potential effects to cultural resources that may result from the proposed Project, ESA is requesting that a records search be conducted for sacred lands or traditional cultural properties that may exist within the Project area.
Thank you for your time and cooperation regarding this matter. To expedite the delivery of search results, please fax them to 619.719.4201, or email them to [email protected]. Please contact me at 619.241.9238 or at [email protected] if you have any questions.
Sincerely,
Michael Vader
Cultural Resources
• ,- a ., • Project Location
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Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Figure 1
Records Search
NATIVE AMERICAN HERITAGE COMMISSION
11 December 28, 2020
Michael Vader
ESA
CHAIRPERSON Via Email to: [email protected]
Laura Miranda
Luiseno
VICE CHAIRPERSON
Re: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments Reginald Pagaling
to the California Environmental Quality Act (CEQA) (Chapter 532, Statutes of 2014), Public Chumash
Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project,
SECRETARY
Riverside County
Merri Lopez -Keifer
Luiseno
Dear Mr. Vader:
PARLIAMENTARIAN
Russell Attebery
Pursuant to Public Resources Code section 21080.3.1 (c), attached is a consultation list of tribes Karuk
that are traditionally and culturally affiliated with the geographic area of the above -listed project. Please note that the intent of the AB 52 amendments to CEQA is to avoid and/or
COMMISSIONER
mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) ("Public Marshall McKay
agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.") Wintun
Public Resources Code sections 21080.3.1 and 21084.3(c) require CEQA lead agencies to
COMMISSIONER
consult with California Native American tribes that have requested notice from such agencies William Mungary
of proposed projects in the geographic area that are traditionally and culturally affiliated with Paiute/White Mountain
Apache
the tribes on projects for which a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on or after July 1, 2015. Specifically, Public Resources Code section 21080.3.1 (d) provides:
COMMISSIONER
Julie Tumamait-
Stenslie
Within 14 days of determining that an application for a project is complete or a decision by a Chumash
public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated
COMMISSIONER
California Native American tribes that have requested notice, which shall be accomplished by [Vacant]
means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the
COMMISSIONER
California Native American tribe has 30 days to request consultation pursuant to this section. [Vacant]
The AB 52 amendments to CEQA law does not preclude initiating consultation with the tribes
EXECUTIVE SECRETARY
that are culturally and traditionally affiliated within your jurisdiction prior to receiving requests for Christina Snider
notification of projects in the tribe's areas of traditional and cultural affiliation. The Native Porno
American Heritage Commission (NAHC) recommends, but does not require, early consultation as a best practice to ensure that lead agencies receive sufficient information about cultural resources in a project area to avoid damaging effects to tribal cultural resources.
NAHC HEADQUARTERS
1550 Harbor Boulevard The NAHC also recommends, but does not require that agencies should also include with their Suite 100
notification letters, information regarding any cultural resources assessment that has been West Sacramento,
completed on the area of potential effect (APE), such as:
California 95691
(916) 373-3710
[email protected]
1. The results of any record search that may have been conducted at an Information Center of NAHC.ca.gov
the California Historical Resources Information System (CHRIS), including, but not limited to:
• A listing of any and all known cultural resources that have already been recorded on or adjacent to the APE, such as known archaeological sites;
• Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate, or high probability that unrecorded cultural resources are located in the APE; and
• If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present.
2. The results of any archaeological inventory survey that was conducted, including:
• Any report that may contain site forms, site significance, and suggested mitigation measures.
All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code section 6254.10.
3. The result of any Sacred Lands File (SLF) check conducted through the Native American Heritage Commission was positive. Please contact the Pechanga Band of Luiseno Indians on the attached list for more information.
4. Any ethnographic studies conducted for any area including all or part of the APE; and
5. Any geotechnical reports regarding all or part of the APE.
Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource.
This information will aid tribes in determining whether to request formal consultation. In the event that they do, having the information beforehand will help to facilitate the consultation process.
If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our consultation list remains current.
If you have any questions, please contact me at my email address: [email protected].
Sincerely,
axr� A-zt�
Andrew Green
Cultural Resources Analyst
Attachment
Agua Caliente Band of Cahuilla
Indians
Patricia Garcia -Plotkin, Director
5401 Dinah Shore Drive
Palm Springs, CA, 92264
Phone: (760) 699 - 6907
Fax: (760) 699-6924
[email protected]
Native American Heritage Commission
Tribal Consultation List
Riverside County
12/28/2020
La Jolla Band of Luiseno
Indians
Fred Nelson, Chairperson
Cahuilla 22000 Highway 76
Pauma Valley, CA, 92061
Phone: (760) 742 - 3771
Agua Caliente Band of Cahuilla
Indians
Jeff Grubbe, Chairperson
5401 Dinah Shore Drive Cahuilla
Palm Springs, CA, 92264
Phone: (760) 699 - 6800
Fax: (760) 699-6919
Campo Band of Diegueno
Mission Indians
Ralph Goff, Chairperson
36190 Church Road, Suite 1
Campo, CA, 91906
Phone: (619) 478 - 9046
Fax: (619) 478-5818
[email protected]
Ewiiaapaayp Band of Kumeyaay
Indians
Michael Garcia, Vice Chairperson
4054 Willows Road
Alpine, CA, 91901
Phone: (619) 445 - 6315
Fax: (619) 445-9126
[email protected]
Ewiiaapaayp Band of Kumeyaay
Indians
Robert Pinto, Chairperson
4054 Willows Road
Alpine, CA, 91901
Phone: (619) 445 - 6315
Fax: (619) 445-9126
[email protected]
La Posta Band of Diegueno
Mission Indians
Javaughn Miller, Tribal
Administrator
8 Crestwood Road
Boulevard, CA, 91905
Phone: (619) 478 - 2113
Fax: (619) 478-2125
[email protected]
Luiseno
Diegueno
La Posta Band of Diegueno
Mission Indians
Gwendolyn Parada, Chairperson
Diegueno 8 Crestwood Road Diegueno
Boulevard, CA, 91905
Phone: (619) 478 - 2113
Fax: (619) 478-2125
[email protected]
Manzanita Band of Kumeyaay
Nation
Angela Elliott Santos, Chairperson
Diegueno P.O. Box 1302 Diegueno
Boulevard, CA, 91905
Phone: (619) 766 - 4930
Fax: (619) 766-4957
Mesa Grande Band of Diegueno
Mission Indians
Michael Linton, Chairperson
Diegueno P.O Box 270 Diegueno
Santa Ysabel, CA, 92070
Phone: (760) 782 - 3818
Fax: (760) 782-9092
[email protected]
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code.
This list is only applicable for consultation with Native American tribes under Public Resources Code Sections 21080.3.1 for the proposed Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project, Riverside County.
PRO]-2020- 12/28/2020 09:59 AM 1 of 2
006662
Pala Band of Mission Indians
Shasta Gaughen, Tribal Historic
Preservation Officer
PMB 50, 35008 Pala Temecula
Rd.
Pala, CA, 92059
Phone: (760) 891 - 3515
Fax: (760) 742-3189
[email protected]
Native American Heritage Commission
Tribal Consultation List
Riverside County
12/28/2020
Rincon Band of Luiseno Indians
Cheryl Madrigal, Tribal Historic
Preservation Officer
Cupeno One Government Center Lane Luiseno
Luiseno Valley Center, CA, 92082
Phone: (760) 297 - 2635
[email protected]
Pauma Band of Luiseno Indians
Temet Aguilar, Chairperson
P.O. Box 369 Luiseno
Pauma Valley, CA, 92061
Phone: (760) 742 - 1289
Fax: (760) 742-3422
[email protected]
Pechanga Band of Luiseno
Indians
Mark Macarro, Chairperson
P.O. Box 1477 Luiseno
Temecula, CA, 92593
Phone: (951) 770 - 6000
Fax: (951) 695-1778
[email protected]
Quechan Tribe of the Fort Yuma
Reservation
Jill McCormick, Historic
Preservation Officer
P.O. Box 1899 Quechan
Yuma, AZ, 85366
Phone: (760) 572 - 2423
historicpreservation@quechantrib
e.com
Rincon Band of Luiseno Indians
Bo Mazzetti, Chairperson
One Government Center Lane Luiseno
Valley Center, CA, 92082
Phone: (760) 749 - 1051
Fax: (760) 749-5144
[email protected]
San Luis Rey Band of Mission
Indians
San Luis Rey, Tribal Council
1889 Sunset Drive
Vista, CA, 92081
Phone: (760) 724 - 8505
Fax: (760) 724-2172
[email protected]
Santa Rosa Band of Cahuilla
Indians
Lovina Redner, Tribal Chair
P.O. Box 391820
Anza, CA, 92539
Phone: (951) 659 - 2700
Fax: (951) 659-2228
[email protected]
Soboba Band of Luiseno
Indians
Scott Cozart, Chairperson
P. O. Box 487
San Jacinto, CA, 92583
Phone: (951) 654 - 2765
Fax: (951) 654-4198
[email protected]
Sycuan Band of the Kumeyaay
Nation
Cody Martinez, Chairperson
1 Kwaaypaay Court
El Cajon, CA, 92019
Phone: (619) 445 - 2613
Fax: (619) 445-1927
[email protected]
Luiseno
Cahuilla
Cahuilla
Luiseno
Kumeyaay
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code.
This list is only applicable for consultation with Native American tribes under Public Resources Code Sections 21080.3.1 for the proposed Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project, Riverside County.
PRO]-2020- 12/28/2020 09:59 AM 2 of 2
006662
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Angela Elliott Santos, Chairperson
Manzanita Band of Kumeyaay Nation
P.O. Box 1302
Boulevard, CA 91905
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Santos:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Bo Mazzetti, Chairperson
Rincon Band of Luiseno Indians
One Government Center Lane
Valley Center, CA 92082
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Mazzetti:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Cheryl Madrigal, Tribal Historic Preservation Officer
Rincon Band of Luiseno Indians
One Government Center Lane
Valley Center, CA 92082
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Tribal Historic Preservation Officer Madrigal:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Cody Martinez, Chairperson
Sycuan Band of the Kumeyaay Nation
1 Kwaaypaay Court
El Cajon, CA 92019
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Martinez:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Fred Nelson, Chairperson
La Jolla Band of Luiseno Indians
22000 Highway 76
Pauma Valley, CA, 92061
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Nelson:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Gwendolyn Parada, Chairperson
La Posta Band of Diegueno Mission Indians
8 Crestwood Road
Boulevard, CA 91905
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Parada:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Javaughn Miller, Tribal Administrator
La Posta Band of Diegueno Mission Indians
8 Crestwood Road
Boulevard, CA 91905
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Tribal Administrator Miller:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Jeff Grubbe, Chairperson
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, CA 92264
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Grubbe:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Jill McCormick, Historic Preservation Officer
Quechan Tribe of the Fort Yuma Reservation
P.O. Box 1899
Yuma, AZ 85366
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Historic Preservation Officer McCormick:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Lovina Redner, Tribal Chair
Santa Rosa Band of Cahuilla Indians
P.O. Box 391820
Anza, CA 92539
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Tribal Chair Redner:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Mark Macarro, Chairperson
Pechanga Band of Luiseno Indians
P.O. Box 1477
Temecula, CA 92593
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Macarro:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Michael Garcia, Vice Chairperson
Ewiiaapaayp Band of Kumeyaay Indians
4054 Willows Road
Alpine CA, 91901
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Vice Chairperson Garcia:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Michael Linton, Chairperson
Mesa Grande Band of Diegueno Mission Indians
P.O Box 270
Santa Ysabel, CA 92070
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Linton:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Patricia Garcia -Plotkin, Director
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, CA 92264
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Director Garcia -Plotkin:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Ralph Goff, Chairperson
Campo Band of Diegueno Mission Indians
36190 Church Road, Suite 1
Campo, CA 91906
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Goff:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Robert Pinto, Chairperson
Ewiiaapaayp Band of Kumeyaay Indians
4054 Willows Road
Alpine, CA 91901
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Pinto:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Tribal Council
San Luis Rey Band of Mission Indians
1889 Sunset Drive
Vista, CA 92081
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Tribal Council:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Scott Cozart, Chairperson
Soboba Band of Luiseno Indians
P. O. Box 487
San Jacinto, CA 92583
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Cozart:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Shasta Gaughen, Tribal Historic Preservation Officer
Pala Band of Mission Indians
PMB 50, 35008 Pala Temecula Road
Pala, CA 92059
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Tribal Historic Preservation Officer Gaughen:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
ESA 626 Wilshire Boulevard www.esassoc.com
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
January 15, 2021
Temet Aguilar, Chairperson
Pauma Band of Luiseno Indians
P.O. Box 369
Pauma Valley, CA 92061
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Aguilar:
Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106.
The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle.
A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive.
In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project.
Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at [email protected].
Sincerely,
Michael Vader
Cultural Resources Specialist
Michael Vader
From: Gonzalez Romero, Arysa (TRBL)
Sent: Tuesday, February 2, 2021 4:14 PM
To: Michael Vader
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road project Greetings,
A records check of the Tribal Historic preservation office's cultural registry revealed that this project is not located within the Tribe's Traditional Use Area. Therefore, we defer to the other tribes in the area. This letter shall conclude our consultation efforts.
Thank you,
Arysa Gonzalez Romero
Historie Preservation Technician
Agua Caliente Band of Cahuilla Indians
Tribal Historic Preservation Office
Main (760)-883-1327 1 Cell (760)-831-2484
Rincon Band of Luiseno Indians
CULTURAL RESOURCES DEPARTMENT
One Government Center Lane I Valley Center I CA 92082
(760) 749-1051 1 Fax: (760) 749-8901 1 rincon-nsn.gov
January 20, 2021
Sent only via email to: [email protected]
ESA
Michael Vader
626 Wilshire Boulevard, Suite 1100
Los Angeles, CA 90017
Re: Santa Gertrudis Bicycle/Trial Undercrossing at Margarita Road Project Dear Mr. Vader,
This letter is written on behalf of the Rincon Band of Luiseno Indians ("Rincon Band" or "Band"), a federally recognized Indian Tribe and sovereign government. We have received your notification regarding the above referenced project and we thank you for the opportunity to provide information pertaining to cultural resources. The identified location is within the Territory of the Luiseno people, and is also within Rincon's specific area of Historic interest.
Embedded in the Luiseno territory are Rincon's history, culture and identity. We do not have knowledge of cultural resources within the proposed project area. However, this does not mean that none exist. We recommend that an archaeological record search be conducted and ask that a copy of the results be provided to the Rincon Band.
If you have additional questions or concerns, please do not hesitate to contact our office at your convenience at (760) 297-2635 or via electronic mail at [email protected]. We look forward to working together to protect and preserve our cultural assets.
Sincerely,
Cheryl Madrigal
Tribal Historic Preservation Officer
Cultural Resources Manager
Bo Mazzetti Tishmall Turner Laurie E. Gonzalez John Constantino Joseph Linton Chairman Vice Chair Council Member Council Member Council Member
Michael Vader
From: Quechan Historic Preservation Officer
Sent: Wednesday, January 27, 2021 2:40 PM
To: Michael Vader
Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project This email is to inform you that we have no comments on this project. We defer to the more local Tribes and support their decisions on the project.
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Quechan Indian Tribe
Historic Preservation Officer
P.O. Box 1899
Yuma, AZ 85366-1899
Office: 760-572-2423
Cell: 928-261-0254
E-mail: [email protected]
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1 Appendix E
Energy Calculations
ESA
Onroad
Unmitigated Fuel Conversion - Construction
Total CO2 Fuel Factor
MT/yr Type KGCOZ/gal Gallons
source:
CaIEEMOd
Demolition
7.84 diesel
10.21 768
Grading
5.23 diesel
10.21 512
Building Construction
45.42 diesel
10.21 4,449
Architectural Coating
2.56 diesel
10.21 250
Total Off -Road Diesel 5,980
source: EMFAC2017
Hauling Vendor Worker
Demolition 2 1
Grading 1 0
Building Construction 5 4
Architectural Coating 1
3 5 6
Total On -Road Diesel 8
Total On -Road Gasoline 6
Total Diesel 5,987.57
Total Gasoline 6.00
Construction Energy Analysis
Construction Water Energy Estimates
Construction Water Use per
Total Construction Water Use
Total Electricity Demand from
Source
Acres
Days of Water Use
Day (Mgal)
(Mgal)
Water Demand (MWh)
Project Site
0.17 0.00051
10 0.005
0.1 Electricity Intensity ac or or
Electricity Intensity Factor To
Electricity Intensity Factor To
Electricity Intensity Factor To
Wastewater Treatment
CalEEMod Water Electricity Factors
Supply (kWh/Mgal)
Treat (kWh/Mgal)
Distribute (kWh/Mgal)
(kWh/Mgal)
9727
111
1272
1911
Sources and Assumptions:
-Electricity Intensity Factors - California Emissions Estimator Model (CalEEMod). -Estimated construction water use assumed to be generally equivalent to landscape irrigation, based on a factor of 20.94 gallons per year per square foot of landscaped area within the Los Angeles area (Mediterranean climate), which assumes high water demand landscaping materials and an irrigation system efficiency of 85%.
Factor is therefore (20.94 GAL/SF/year) x (43,560 SF/acre) / (365 days/year) / (0.85) = 2,940 gallons/acre/day, rounded up to 3,000 gallons/acre/day. (U.S. Department of Energy, Energy Efficiency & Renewable Energy, Federal Energy Management Program. "Guidelines for Estimating Unmetered Landscaping Water Use." July 2010. Page 12, Table 4 - Annual Irrigation Factor— Landscaped Areas with High Water Requirements).
Appendix F
Foundation Report for Retaining
Walls
ESA
Earth Mechanics, Inc.
Geotechnical & Earthquake Engineering
January 20, 2021
EMI Project No. 20-130
EXP
451 East Vanderbilt Way, Suite 375
San Bernardino, CA 92408
Attention: Mr. Gabriel Rodriguez, PE
Subject: Foundation Report for Retaining Walls
Santa Gertrudis Creek Phase II, Temecula, California
City Project No. PW19-04
Dear Mr. Rodriguez:
The existing multiuse trail along Santa Gertrudis Creek crosses Margarita Road at grade over the existing bridge. The subject project proposes to extend the existing trail under the existing Margarita Road Undercrossing to provide a continuous and safe passage under Margarita Road.
This re -configuration will require two retaining walls and this foundation report presents the findings, conclusions and recommendations for the design and construction of these walls.
Please submit this report to City of Temecula, and any other participating agencies for their review. Responses to their review comments, as well as your comments, will be incorporated into a revised report.
We appreciate the opportunity to provide geotechnical services for this project. If you have any questions, please do not hesitate to contact us.
Sincerely,
EARTH MECHANICS, INC.
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Prathapan Ragavan
Staff Engineer
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(Alahesh) A. Thurairajah, GE 3123
Senior Engineer
17800 Newhope Street, Suite B, Fountain Valley, CA 92708 . Tel: (714) 751-3826 . Fax: (714) 751-3928
FOUNDATION REPORT FOR RETAINING WALLS
SANTA GERTRUDIS CREEK PHASE II, TEMECULA, CALIFORNIA
CITY PROJECT NO. PW19-04
Prepared for:
EXP
451 East Vanderbilt Way, Suite 375
San Bernardino, CA 92408
Prepared by:
Earth Mechanics, Inc.
17800 Newhope Street, Suite B
Fountain Valley, California 92708
EMI Project No. 20-130
January 20, 2021
Earth Mechanics, Inc.
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TABLE OF CONTENTS
Section Page
1.0 SCOPE OF WORK............................................................................................................1
2.0 PROJECT DESCRIPTION..............................................................................................1
3.0 FIELD INVESTIGATION AND TESTING PROGRAM ............................................. 3
3.1 Available Subsurface Information................................................................................... 3
3.2 Supplemental Field Investigation..................................................................................... 3
3.3 Laboratory Testing Program............................................................................................ 5
4.0 SUBSURFACE CONDITIONS........................................................................................ 6
4.1 Soil Stratigraphy............................................................................................................... 6
4.2 Groundwater.....................................................................................................................7
5.0 SITE -SEISMICITY AND ANALYSES........................................................................... 8
5.1 Seismic Design................................................................................................................. 8
5.2 Liquefaction Potential and Seismically -Induced Settlement ........................................... 8
5.3 Seismic Slope Instability.................................................................................................. 8
5.4 Ground Rupture................................................................................................................ 8
6.0 SCOUR EVALUATION................................................................................................... 9
7.0 CORROSION EVALUATION......................................................................................... 9
8.0 GEOTECHNICAL RECOMMENDATIONS............................................................... 10 8.1
Ground Anchor Wall...................................................................................................... 10 8.1.1
Lateral Earth Pressures........................................................................................................10
8.1.2 Unbonded Length................................................................................................................ 12 8.1.3
Bonded Length....................................................................................................................12
8.1.4 Bearing Capacity and Wall Friction.................................................................................... 12 8.2
Caltrans Standard Plans Type-5 Wall............................................................................ 13 8.2.1
Bearing Capacity and Settlement........................................................................................13
8.2.2 Overexcavation Recommendations..................................................................................... 13 8.2.3
Lateral Resistance...............................................................................................................14
8.3 Global Stability.............................................................................................................. 14 9.0
CONSTRUCTION CONSIDERATIONS..................................................................... 15 9.1
Earthwork....................................................................................................................... 15 9.2
Temporary Excavation................................................................................................... 15 9.3
Groundwater Control...................................................................................................... 15 9.4
Ground Anchor Wall Construction................................................................................ 16 9.5
Monitoring Existing Bridge Abutment During Construction ........................................ 17 9.6
Type-5 Retaining Wall Backfill and Drainage............................................................... 17 9.7
Review of Construction Plans........................................................................................ 17 9.8
Geotechnical Observation and Testing.......................................................................... 17 10.0
LIMITATIONS................................................................................................................ 19 11.0
REFERENCES.................................................................................................................20 Earth Mechanics, Inc.
TABLES
Page
Table 1. Relevant Retaining Walls Data......................................................................................... 1 Table 2. Soil Exploration Information............................................................................................ 3 Table 3. Explanation of Laboratory Tests Performed..................................................................... 5 Table 4. Idealized Soil Profile and Strength Parameters................................................................ 6 Table 5. Key Parameters for Determining PGA............................................................................. 8 Table 6. Soil Corrosion Test Results.............................................................................................. 9 Table 7. Bearing Capacity and Wall Friction, Ground Anchor Wall ........................................... 12 Table 8. Pertinent Design Data, Type-5 Wall............................................................................... 13 Table 9. Minimum Overexcavation Depth, Type-5 Wall............................................................. 13 FIGURES
Page
Figure1. Site Location Map........................................................................................................... 2 Figure 2. Boring Location Map...................................................................................................... 4 Figure 3. Lateral Earth Pressures Against Ground Anchor Wall .................................................. 11
APPENDICES
Appendix A. Log -of -Test -Boring Sheets
Appendix B. Laboratory Test Results
Earth Mechanics, Inc.
Gegtecnnicai 6 Earinquake Enp,nee-9
1.0 SCOPE OF WORK
This Foundation Report presents the findings and conclusions of a geotechnical study conducted by Earth Mechanics, Inc. (EMI) for the retaining walls proposed for the Santa Gertrudis Creek Phase II project. The purpose of the geotechnical study was to obtain information on subsurface soils and conditions, and develop design and construction recommendations to assist EXP in preparing the project Plans, Specifications, and Estimates (PS&E) for the project.
The geotechnical services provided for this project included the following tasks:
• Collection and review of existing geotechnical information; • Geotechnical field exploration including drilling and logging of exploratory borings; • Laboratory testing of selected subsurface soil samples; • Engineering analysis to develop geotechnical design and construction recommendations; and • Preparation of this report presenting our findings, conclusions, and recommendations.
2.0 PROJECT DESCRIPTION
The City of Temecula (City) proposes to eliminate the existing at -grade street crossing of the existing multi -use trail at Margarita Road and Santa Gertrudis Creek. The reconfigured trail will pass under the existing Margarita Road Undercrossing (UC). Two retaining walls (RWs) are needed to accommodate this reconfiguration: a Type-5 wall is proposed on the channel slope and will be used to retain the new trail; a ground anchor wall (GAW) is proposed below the existing Margarita Road UC and is used to retain the abutment end slope. The project location is shown in Figure 1 and the relevant wall information is presented in Table 1. Majority of the GAW designed height is 10'-10", tapering down to 6'-4" at both ends. The GAW retained height is about 1'4" to 2'-10" shorter than the wall height.
Table 1. Relevant Retaining Walls Data
Type
Length (feet)
Height (feet)
Type-5
568
6 to 10
GAW
170
6'-4" to 10'-10"
Notes:
(1) GAW = Ground Anchor Wall
(2) Type-5 is a Caltrans Standard Plans Retaining Wall
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Geotechnical and Earthquake Engineering
SITE LOCATION MAP
Project No. 20-130 1 Date: Dec 2020 Figure 1
3 3.0 FIELD INVESTIGATION AND TESTING PROGRAM
3.1 Available Subsurface Information
A draft geotechnical report has been prepared by Diaz Yourman & Associates (DYA, 2005) for the "Old Project" described in the RFP issued by the City. The DYA report contained three soil borings and the boring depths ranged from 11.5 to 38.5 feet. This boring data is drafted in a Log - of -Test -Borings (LOTB) format and included in Appendix A.
3.2 Supplemental Field Investigation
On November 5 and 6, 2020, EMI conducted a geotechnical field investigation consisting of five hollow -stem auger borings. The approximate locations of the borings are shown in Figure 2. Soil exploration information is summarized in Table 2 and the LOTB sheets are included in Appendix A.
Table 2. Soil Exploration Information
Approx.
Approx.
Approx.
Boring
Boring
Northing
Easting
Approx.
Approx.
Ground
Bottom
Groundwater
No.
Type
(feet)
(feet)
Station
Station Line
Offset
Surface
of Hole
El. During
(feet)
El.
El.
Drilling (feet)
(feet)
(feet)
B-1
HSA
2138563.2
6286385.5
10+21
"A" Line
4.6 Rt
+1070.0
+1028.5
NE
B-2
HSA
2138650.1
6286463.9
11+38
24.2 Rt
+1072.0
+1030.5
+1032.0
B-3
HSA
2138721.8
6286541.7
12+42
42.7 Rt
+1077.0
+1025.5
+1031.0
B-4
HSA
2138856.3
6286632.6
14+04
33.9 Rt
+1075.0
+1043.5
NE
B-5
HSA
1 2138970.2
1 6286693.8
1 15+33
8.7 Rt
1 +1071.0
+1019.5
+1031.6
Notes: HSA = Hollow -Stem Auger, NE = Not Encountered, "A" Line = Multi -use Trail Centerline.
The borings were drilled using a track -mounted drill rig equipped with 8-inch diameter hollow - stem auger. Subsurface soils and conditions were logged and samples of soils were collected for laboratory testing. Bulk samples were collected from selected borings. Smaller disturbed and relatively undisturbed soil samples were collected from soil borings generally at 2.5 or 5-foot intervals using the Standard Penetration Test (SPT) sampler or the Modified California Drive (MCD) sampler. The SPT sampler is unlined and has an inside diameter of 1.4 inches and the MCD sampler is lined with a series of 1-inch tall brass rings with an inside diameter of 2.4 inches.
Blowcounts from the SPT and MCD samplers were recorded during the exploration. The samplers were driven using a 140-lb hammer falling 30 inches down a total depth of 18 inches or until refusal, whichever occurs first. The drill rig was equipped with an auto -trip safety hammer with a rated efficiency of 81 % (hammer efficiency provided by the drilling contractor). The blowcounts for the last 12 inches or less of penetration were recorded and are shown on the LOTB sheets included in Appendix A.
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3.3 Laboratory Testing Program
Selected soil samples were tested to determine soil classification and physical and engineering properties. A list of tests performed, the corresponding test methods, and purpose of testing is presented in Table 3.
The laboratory soil tests were conducted in general accordance with California Test (CT) methods or American Society for Testing and Materials (ASTM) standards. The test results are presented in Appendix B. The locations where tests were performed are shown on the LOTB sheets included in Appendix A. Laboratory test results extracted from the DYA report (2005) are also included in Appendix B.
Table 3. Explanation of Laboratory Tests Performed
Type of Test
Applicable Test
Method
Purpose
Dry Density
ASTM D 2937
Estimate in -situ soil density
Moisture Content
ASTM D 2216
Estimate in -situ soil moisture content
Sand Equivalent
CT 217
Estimate relative proportions of clay -like material in soil Direct Shear
ASTM D 3080
Estimate soil strength parameters
Soil pH
CT 532/643
Determine soil corrosion potential
Minimum Resistivity
CT 532/643
Sulfate Content
CT 417
Chloride Content
CT 422
Earth Mechanics, Inc.
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6 4.0 SUBSURFACE CONDITIONS
4.1 Soil Stratigraphy
The site is underlain predominately by sandy soils: an upper sand layer consisting of clayey sand and silty sand, and a lower sand layer consisting of clayey sand, silty sand and poorly -graded sand. A lean clay layer was encountered below the lower sand layer in one of the deeper soil boring; this lean clay layer may or may not be continuous across the project site. It should be noted that the above soil description is general and is intended to describe the subsurface in very broad terms. The soil description above should not be constructed to mean that the subsurface profile is uniform and that soil is homogeneous within the project area. Details on stratigraphy at each borehole location are provided on the LOTB sheets presented in Appendix A.
An idealized soil profile and design strength parameters for geotechnical analyses and foundation design were developed using the subsurface information obtained from the recent borings. The shear strength parameters were estimated using laboratory test data and correlations with field blowcounts (Lam and Martin, 1986). The lean clay layer below the lower sand layer was omitted from the idealized soil profile because this soil layer was encountered only in one boring at a relatively deep depth that will not impact foundation design.
Table 4. Idealized Soil Profile and Strength Parameters Range of
Total
Approximate
Measured
Friction
Unit
Elevation
Predominant Soil Type
SPT
Angle
Cohesion (psf)
Weight
(feet)
Blowcount
(degrees)
(pc
(Blows/ft)
Exist. Ground
9 to 28
Surface to
Clayey Sand & Silty Sand
31 125
120
+1055
Average = 17
+1055 to +1027
Clayey Sand, Silty Sand
13 to 36
34 100
120
& Poorly Graded Sand
Average =21
It should be noted that the idealized soil profile and shear strength parameters in Table 4 were developed primarily for the design of retaining wall foundations addressed in this report. Direct application of the same idealized profile and shear strength parameters for other structural and non-structural elements in design and construction not specifically addressed in details in this report are likely to be invalid. This is because selecting an idealized profile and shear strength parameters, to some extent, is influenced by the preferred design methodologies associated with wall foundations. The same is true for the laboratory test results: the type and distribution of testing were tailored to wall foundation design. Selective usage of one or multiple sets of test results for other structural and non-structural elements in design and construction not specifically addressed in details in this report will likely provide an erroneous interpretation of onsite soil properties. For design and construction elements not specifically addressed herein, we recommend supplemental field exploration and laboratory tests be performed to establish suitable and representative geotechnical design data for the specific design element.
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4.2 Groundwater
Groundwater was encountered near elevations +1,032 feet (approximately 45 feet below the approach to Abutment 1 of the Margarita Road UC) during field investigation in November 2020. However, the site is located immediately adjacent to the Santa Gertrudis Creek and groundwater depth will be very sensitive to the groundwater conditions inside and outside the creek.
Groundwater depth affects liquefaction assessment and foundation design. Caltrans Geotechnical Manual on Liquefaction Evaluation (Caltrans, 2020b) advises to use groundwater depth measured during field investigation (for final design), and caution the use of a shallower groundwater depth unless "there is clear evidence for seasonal or long-term fluctuations". Based on the above data, a design groundwater table was placed at an elevation of +1,032 feet for geotechnical analysis and foundation design.
In addition to the groundwater conditions inside and outside the creek, it should be noted that the groundwater elevation is subject to seasonal rainfall fluctuation and runoff amount, local irrigation practices, extraction and recharge of local and regional aquifers, and other manmade conditions. Therefore, the groundwater elevation during construction can be different from the design groundwater elevation provided above.
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8 5.0 SITE -SEISMICITY AND ANALYSES
5.1 Seismic Design
The design Peak Ground Acceleration (PGA) for the project site was determined using the Caltrans ARS Online V3.0.2 (2020a) following the procedures described in Caltrans Seismic Design Criteria Version 2.0 (SDC 2.0) (2019b) and October 2019 Interim Revisions to SDC 2.0 (2019a), and the small -strain shear wave velocity for the upper 100 feet (Vs30). This Vs30 was estimated from the information presented in the LOTB sheets included in Appendix A and the SPT correlations provided in the Methodology for Developing Design Response Spectrum for Use in Seismic Design Recommendations (Caltrans, 2012a). The key parameters for determining the design PGA are listed in Table 5. The calculated design magnitude (M) is 6.88 and the PGA is 0.55g.
Table 5. Key Parameters for Determining PGA
Site Coordinates
Latitude = 33.533075 degrees
Longitude =-117.152799 degrees
Shear Wave Velocity, Vs30
951 feet/sec (290 m/sec)
5.2 Liquefaction Potential and Seismically -Induced Settlement The liquefaction analysis was performed using the site -specific soil borings and the design groundwater elevations provided in Section 4.2. The liquefaction potential of saturated, coarse - grained materials below the design groundwater table was evaluated using the SPT data with the procedures outlined by Youd et al. (2001). Results of the analysis indicate that localized liquefiable layers were encountered in Borings B-3 and B-5 between elevations +1,032 and +1,027 feet (about 45 to 50 feet below the approach to Abutment 1 of the Margarita Road UC).
The resulting liquefaction induced settlement was estimated using the SPT blowcounts recorded in borings with the empirical method outlined by Tokimatsu and Seed (1987). Based on the calculation, a liquefaction -induced settlement of about an inch was obtained at the wall location.
At this magnitude, the worst -case scenario is some tilting of the wall may occur and no collapse is anticipated.
5.3 Seismic Slope Instability
Since shallow liquefaction will not occur, lateral spreading is not considered a design issue.
Results of the pseudo -static slope stability analysis are presented in Sections 8.3.
5.4 Ground Rupture
No major faults traverse through the project site. The California Division of Mines and Geology has not identified Alquist-Priolo Fault Zones through the site. Therefore, the risk of ground surface rupture and related hazards at the project site are expected to be low. According to Caltrans Memo To Designers 20-10 (Caltrans, 2013), since the project site does not fall within an Alquist-Priolo Earthquakes Fault Zone or within 1,000 feet of an unzoned fault that is Holocene or younger in age, further fault studies will not be needed.
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6.0 SCOUR EVALUATION
The proposed retaining walls do not cross a channel or basin that conveys water. The channel slope adjacent to the trail at the Type-5 wall location will be concrete lined and the GAW is set- back away from the creek and separated by the new trail; therefore, scour potential is not considered a wall foundation design issue.
7.0 CORROSION EVALUATION
Representative soil samples were tested to determine corrosivity including minimum resistivity, pH, soluble sulfate content, and soluble chloride content. Four soil samples were tested for corrosivity and the results are summarized in Table 6.
Table 6. Soil Corrosion Test Results
Boring
Sample
Sample
Minimum
Chloride
Sulfate
No.
No.
Depth
USCS Soil Type
Resistivity
pH
Content
Content
(feet)
(ohm-em)
(ppm)
(ppm)
B-1
B-0
0-5
Clayey Sand (SC)
2,800
8.4 259
248
B-1
S-5
15 Sandy Lean Clay (CL)
990
8.2 382
537
B-3
B-0
0-5
Clayey Sand (SC)
1,200
8.5 347
143
B-4
S-2
7.5 Silty Sand (SM)
1 2,400
1 8.7
1 299
1 288
According to Caltrans Corrosion Guidelines V3.0 (Caltrans, 2018c), soils are considered corrosive if the pH is 5.5 or less, or chloride concentration is 500 parts per million (ppm) or greater, or sulfate concentration is 1,500 ppm or greater. Based on the above corrosion test results and the Caltrans criteria, the on -site soils are classified to be non -corrosive to concrete and bare metals.
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10 8.0 GEOTECHNICAL RECOMMENDATIONS
As mentioned in Section 2.0, a ground anchor wall will be constructed to retain the Abutment-1 end slope of the existing Margarita Road Undercrossing. A Type-5 wall is also proposed to retain the trail above the channel slope of the Santa Gertrudis Creek.
8.1 Ground Anchor Wall
Design of the ground anchor wall and the design lateral earth pressures should follow Caltrans Memo To Designers (MTD) 5-12 (Caltrans, 2012b). A ground anchor is comprised of an unbonded length and a bonded length. The unbonded length (or "free length") of the anchor is that portion which is not grouted; while the bonded length is that portion which is grouted to provide the pull-out resistance through friction between the soil -and -concrete interface.
Recommendations for the ground anchor wall are provided below.
8.1.1 Lateral Earth Pressures
The static earth pressure in Figure 3 includes a load factor equal to 1.5 per MTD 5-12 (Caltrans, 2012b). Load factor of 1.0 was included in the incremental seismic earth pressure shown in Figure 3. Existing abutment piles surcharge is included in Figure 3 and was determined using the method described in MTD 5-12 (Caltrans, 2012b). The total lateral pile demand (PA) should be calculated by the wall designers using the soil parameters provided below.
If abutment walls are free to move laterally at the top, a static active lateral earth pressure of 36 psf per foot of depth is recommended for a free draining, level and compacted backfill. If lateral movement at the top of abutment walls is restrained, the lateral earth pressure for a free draining, level and compacted backfill should follow Section 5.5.5.11 of the Caltrans Bridge Design Specification (Caltrans, 2004). For this condition, we recommend a coefficient of active lateral earth pressure of 0.3, a coefficient of at -rest lateral earth pressure of 0.47, and a soil unit weight of 120 pcf.
A uniform lateral pressure due to traffic loading, equivalent to a vertical pressure produced by at least 2 feet of earth with a soil unit weight of 120 pcf, should be added to the above lateral earth pressure. Therefore, for abutment walls that are free to move laterally at the top, the recommended uniform lateral earth pressure is 72 psf; for abutment walls where lateral movement at the top of the abutment walls is restrained, the recommended uniform lateral earth pressure is 113 psf.
For abutment walls that are free to move laterally at the top, the seismic incremental earth pressure should be modeled as a triangle with an equivalent fluid pressure of 25 pcf. For abutment walls where lateral movement at the top of the abutment walls is restrained, the seismic incremental earth pressure should be modeled as a triangle with an equivalent fluid pressure of 35 pcf.
According to the wall designer, the existing abutment wall can translate horizontally due to temperature changes. When the abutment wall moves, the existing piles supporting the abutment will also move and will exert pressure on the soil in front, and eventually this pressure will propagate onto the GAW.
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FINISH[
GRADE
(BRIDGE)
ABUTMENT
PA
------------
EXISTING
PILE
------ �'� T,
GROUND
ANCHORS
ROADWAY
(a)
Static Earth
Pressure
(psf)
(a-1) (a-2)
Wall with Multiple Wall with Single
Levels of Anchors Level of Anchors
3H1 3H1
Pa
3(�
in
2 3Hn+1
------ ----- --------------------
�UNBONDED
LENGTH BONDED
LENGTH 43 H 2
1 a= H_3H1_1 3Hn+1
(For Multiple
Levels of Anchors)
pa = 65H
H15 3H for Single
Level of Anchors
(b)
Abutment Piles
Horizontal Load
Surcharge
(psf)
2c
(c)
Incremental
Seismic Earth
Pressure
(psf)
37H2
APa = H
c = Distance between anchored wall and abutment pile (feet) PA = Total Lateral Pile Demand: Static plus Traffic surcharge and incremental Seismic lateral load demand when applicable (pound per unit length); Geotechnical parameters to determine PA are presented in Section 8.1.
Earth Mechanics, Inc. SANTA GERTRUDIS CREEK TRAIL Lateral Earth Pressures Against Ground Anchor Wall
Geotechnical and Earthquake Engineering
Project No. 20-130 Date: December 2020 Figure 3
12 The wall designer estimates that the existing abutment can move as much as 1 inch. We estimate a pile -head shear force of 40 kips per pile for an inch of pile -top deflection, and linear interpolation can be used to determine the pile -head shear forces for movements between zero and 1 inch. The above pile -head shear force, expressed as a surcharge pressure, can be distributed in the same manner as shown in Figure 3b and for this case only, PA is the above described pile -head shear force.
8.1.2 Unbonded Length
The unbonded length should fall outside the critical failure plane. This failure plane extends from the bottom of the wall clockwise at an angle of 44 degrees measured from the vertical. The unbonded length should be the largest of the following: (1) a minimum distance of H/5 (H is the wall height), or (2) 5 feet behind the above critical failure surface, or (3) a minimum distance of 5 feet behind the abutment piles, or (4) a minimum distance of 15 feet.
8.1.3 Bonded Length
As shown in Section 11.9.4.2 of the AASHTO LRFD Bridge Design Specifications (AASHTO, 2017), the nominal anchor pullout resistance is determined by multiplying the bonded surface area by an ultimate unit bond stress. The factored pullout resistance is computed by multiplying the nominal anchor pullout resistance by a resistance factor presented in AASHTO Table 11.5.7- 1 [Modified in Caltrans amendments to AASHTO 2017 (2019c)]. Based on the information provided in AASHTO (2017), an ultimate unit bond stress of 30 psi is recommended for pressure grouted anchors. The contractor is responsible for determining the bonded length of the ground anchors; however, the bonded length of the anchors should not be less than 15 feet. Additionally, a minimum overburden of 15 feet over the center of the anchor bond zone is required per AASHTO (2017).
8.1.4 Bearing Capacity and Wall Friction
Bearing capacity of the wall base was calculated using a minimum embedment depth and wall width of 1.83 feet and 1.5 feet, respectively. The calculated bearing capacity values and recommended wall/soil coefficient of friction values are presented in Table 7. It should be noted that the frictional coefficients are applicable only when the shotcrete is in full contact with the soil; these frictional coefficients are not applicable for shotcrete in full contact with drainage panels.
Table 7. Bearing Capacity and Wall Friction, Ground Anchor Wall Service
Permissible
Strength
Factored Gross
Extreme Event
Permanent
Condition
Temporary
Condition
Factored
Net Contact
Nominal Bearing
Gross Nominal
Coefficient of
Coefficient of
Stress
Resistance
Bearing Stress
Friction Between
Friction Between
(Settlement)
= 0.45
=1.00
Shotcrete and Soil
Shotcrete and Soil
ks
ks
ks
Behind the Wall
Behind the Wall
2.0 2.6
5.7 0.3
0.35 Earth Mechanics, Inc.
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13 8.2 Caltrans Standard Plans Type-5 Wall
The pertinent foundation design data for the Type-5 wall are presented in Table 8.
Table 8. Pertinent Design Data, Type-5 Wall
Wall
Backfill
Ground
Height
Fall Length
Bottom of Footing
Sloe
Condition
(feet)
(feet)
Elevation (feet)
Condition
in Front of
Wall
6 48
+1064.50, +1062.67
Level
(Case 1)
1.5H:1V
Sloping
Down
8 24
+1060.60
10 120
+1058.47
8 48
+1058.47
6 120
+1058.47
8 48
+1058.47
10 72
+1059.40
8 48
+1060.60
6 40
+1063.78
8.2.1 Bearing Capacity and Settlement
The foundation bearing stresses for Strength Limit State, Extreme Event Limit State, and Service Limit State are presented in the Caltrans Standard Plans (Caltrans, 2018b) Sheet 1334A for Type-5 (Case 1) walls. Settlement and soil bearing capacity calculations were performed using the minimum overexcavation depth presented in the next section. Based on the analysis, the Caltrans Standard Plans (Caltrans, 2018b) design is suitable for this retaining wall.
8.2.2 Overexcavation Recommendations
Based on the subsurface information collected from the recent site -specific soil borings, overexcavation recommendations are given in Table 9.
Table 9. Minimum Overexcavation Depth, Type-5 Wall
Wall Design Height (ft)
Minimum Overexcavation Depth
Below Footing Bottom (ft)
6 1.0
8 1.5
10 2.0
The horizontal limits of the overexcavation should begin 1 foot from the edge of the footing bottom, and extending downward at a 45-degree imaginary plane until the plane intersects the recommended minimum overexcavation depth. If the 45-degree imaginary plane intersects any Earth Mechanics, Inc.
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14 temporary shoring, then this imaginary plane will continue downward along the shoring until the plane intersects the recommended minimum overexcavation depth. Caltrans Structure Backfill should be used for backfilling with a minimum relative compaction of 95% of maximum density as determined by Caltrans Test Method 216. The overexcavation bottom should be proof rolled prior to backfilling. Further, the overexcavation bottom should be inspected by a qualified geotechnical engineer or technician to confirm the presence of an unyielding and competent subgrade.
8.2.3 Lateral Resistance
Resistance to lateral loads may be developed by a combination of friction at the base of the retaining wall footing and passive earth pressure acting on the vertical face of the wall and wall footing. Since overexcavation and replacement with compacted Caltrans Structure Backfill were recommended for the footing, we recommend a frictional coefficient of 0.5 and an equivalent passive fluid pressure of 165 pcf. Resistance factors conforming to Section 11 of the California Amendments to AASHTO LRFD (Caltrans, 2019c) should be applied to the frictional and passive resistances.
The recommended soil passive resistance (as well as the soil bearing capacity) requires a minimum footing embedment of 3 feet measured from the nearest lowest adjacent grade to the footing bottom for footings constructed on a flat ground. For footings constructed on slopes, the minimum footing embedment is 3 feet measured from the nearest lowest adjacent grade to the footing bottom and the minimum horizontal offset is 4 feet measured at the top of footing to the slope face.
8.3 Global Stability
Global stability analyses were conducted for both static and pseudo -static conditions. The analysis was performed using the computer program SLIDE 2018 (Rocscience, 2018). The following cross -sections were analyzed: (1) at the maximum design height for the Type-5 wall, (2) at the maximum design height for the GAW, and (3) for a potential sliding surface passing below both the GAW and Type-5 wall.
The static condition included a 2-foot soil surcharge to represent traffic loading. In accordance with Caltrans guidelines (2014), stability analysis for the seismic condition was performed using the pseudo -static approach with a seismic coefficient of 0.183, which is equal to one-third the peak horizontal acceleration of 0.559.
According to the results of the analyses, the proposed walls meet the minimum required factor - of -safety for deep-seated failure of 1.5 for the static condition and 1.1 for the pseudo -static condition per Caltrans guidelines (2014).
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15 9.0 CONSTRUCTION CONSIDERATIONS
9.1 Earthwork
Earthwork should be performed in accordance with Section 19 of the Caltrans Standard Specifications (2018a). Appropriate measures should be taken to prevent damage to adjacent existing structures and utilities.
All overexcavations should be observed by qualified geotechnical personnel to verify that firm and unyielding bottoms are exposed. Overexcavated areas should be cleaned of loose soils and debris and should be observed to be firm and unyielding before receiving fill.
Qualified geotechnical personnel should monitor earthwork operations on a full-time basis. Any compacted fill placed in association with the construction of the retaining walls should be observed, monitored, and tested by qualified geotechnical personnel during construction. Field and laboratory tests should be conducted in accordance with California Test methods or ASTM Standards.
9.2 Temporary Excavation
Design of temporary construction slopes and shoring is the contractor's responsibility during construction. Heavy construction equipment should not be used immediately adjacent to shoring due to large lateral pressures induced by such equipment unless the shoring is designed to accommodate resulting pressures. Excavated soil or construction materials should not be stockpiled adjacent to shoring or open excavations. Stockpiled soil and construction materials should be set back a distance at least equal to the height of the excavation. It should be noted that it is the responsibility of the contractor to oversee the safety of the workers in the field during construction. The contractor shall conform to all applicable occupational safety and health standards, rules, regulations, and orders established by the State of California. If a trench shoring design and safety plan is required, the geotechnical consultant should review the plan to confirm that recommendations presented in this report have been applied to the design.
The contractor is responsible for evaluating the ease/difficulty of installing and extracting structural elements for temporary shoring walls in contact with the ground.
9.3 Groundwater Control
Groundwater was encountered near elevations +1,032 feet (approximately 45 feet below the approach to Abutment 1 of the Margarita Road UC) during field investigation in November 2020. It should also be noted that groundwater encountered during construction may be higher or lower than the elevation encountered during the recent field investigation because the site is immediately adjacent to the Santa Gertrudis Creek. Groundwater elevation can also vary due to seasonal rainfall fluctuation and runoff amount, local irrigation practices, extraction and recharge of local and regional aquifers, and other man-made conditions. Groundwater encountered during footing construction should be controlled in accordance with Section 19-3.03B(5) of the Caltrans Standard Specifications (2018a). Any seepage or groundwater removed from an excavation should be tested and disposed of in compliance with all applicable local, state and federal requirements.
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16 It shall be made the contractor's responsibility to control subsurface and surface water. The contractor should dewater the site as necessary, if groundwater is encountered. Contractor should also be cognizant that any dewatering activities could induce ground subsidence which affects adjacent surface and subsurface structures and utilities. Water should not be allowed to stand in any excavations. If excavations become flooded, at -least the bottom 8 inches of soil should be removed and replaced, and re -compacted to a minimum 90 percent relative compaction.
Additional removals may be required at the discretion of the resident engineer or geotechnical personnel.
9.4 Ground Anchor Wall Construction
To maintain stability of the existing abutment foundation, the ground anchor wall should be constructed in segments (slot cuts) to minimize the length of temporary excavations. EMI recommends that the maximum length of ground anchor wall, constructed at any given time, not exceed one -fifth of the length of the existing abutment foundation. It is likely, even with the provision of slot -cutting, that caving or sloughing will occur in these sandy soils during excavation. The contractor should expect a short stand up time at the exposed excavated face.
Running of the coarse -grained materials can be controlled using soil stabilizing methods such as chemical grouting. The conditions described above should be considered by the contractor when bidding and selecting equipment and methods for construction.
We also recommend that a monitoring program be implemented during construction to monitor movement of the abutment. If the measured movement is 1/4 inch or more, construction should be stopped immediately and measures to mitigate the movement should be implemented. A monitoring plan and a mitigation plan should be prepared by the contractor and submitted to the Resident Engineer for review.
"Wall Zones" are defined as segments of a wall that have different subsurface stratigraphy. Wall Zones are used in Stability Test, and stability tests for temporary excavations during wall construction should be performed in accordance with Section 19-3.011)(2) of the Caltrans Standard Specification (Caltrans, 2018a). Based on the information collected from the exploratory boreholes and the length of the proposed walls, one wall zone is recommended for the proposed ground anchor wall. Also, at -least two stability tests should be performed in the field during the wall excavations. Locations of the stability tests should be reviewed by the Resident Engineer or qualified geotechnical personnel prior to the start of the test excavations.
Ground anchors should be constructed and proof -tested in the field in accordance with Caltrans procedures and specifications. Diameter of the drilled hole for anchor installation is typically 6 to 8 inches. The angle of inclination of the anchors should be 10 to 15 degrees to facilitate tendon installation and grouting. Ground anchors should not be spaced closer than five diameters of the bonded zone or 5 feet, whichever is greater.
Controlling surface water and groundwater is important for minimizing the amount of water entering the soils and accumulating behind the back of the walls. EMI recommends constructing a gutter or v-ditch at the top and behind the wall and guiding surface water to approved drainage devices.
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17 A subdrainage system should be installed behind the proposed walls in conjunction with the wall construction. Prefabricated geocomposite drains ("drainage board") connected to gravel galleries or slotted pipes or weepholes should be placed behind the proposed wall. Backdrain pipes or weepholes should outlet water to approved surface drainage collection devices.
9.5 Monitoring Existing Bridge Abutment During Construction We recommend that a monitoring program be implemented during construction to monitor movement of the existing Abutment 1 of the Margarita Road UC. A minimum of three "markers" should be installed on the face of abutment. Movements of these markers will be monitored by surveyors using equipment that has an accuracy of at least 0.01-foot. If the measured vertical or horizontal movement is 1/4 inch or more, construction should be stopped immediately and measures to mitigate the movement should be implemented. A monitoring plan and a mitigation plan should be prepared by the contractor and submitted to the Resident Engineer for review.
9.6 Type-5 Retaining Wall Backfill and Drainage
Caltrans Structure Backfill should be used as backfill material behind the Type-5 retaining wall.
Backfill should be compacted in accordance with Section 19-5 of the Caltrans Standard Specifications (2018a). Backfill should be placed in loose lifts not exceeding 8 inches in thickness, moisture -conditioned to near optimum moisture content, and compacted to at least 95 percent relative compaction. The relative compaction should be based on the maximum density determined by California Test Method 216. Jetting or flooding to compact backfill is not recommended. Heavy compaction equipment, such as vibratory rollers, dozers, or loaders, should not be used adjacent to the walls in order to avoid damaging the wall due to large lateral earth pressures.
Backdrains should be installed behind the wall to relieve hydrostatic pressure. Backdrains should be constructed in accordance with Bridge Detail 3-1 on Sheet 130-3 per Caltrans Standard Plans (2018b) or the geocomposite drain alternative per Section 6 of the Caltrans Bridge Design Details (1992).
9.7 Review of Construction Plans
Recommendations contained herein are based on the preliminary Structure Plans and design information provided by the wall designers. Recommendations presented in this report may require modification or additional recommendations may be necessary based on the final design.
9.8 Geotechnical Observation and Testing
Qualified geotechnical personnel should perform inspections and testing during the following stages of construction:
• Grading operations, including temporary and permanent excavations. • Ground anchor installation and testing.
• Placement of structure backfill behind retaining wall. • Backdrain installation at retaining wall.
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18 • Preparation of foundation subgrades.
• Shoring installation, if necessary.
• Footing excavations.
• Removal or installation of support of buried utilities or structures. • When any unusual subsurface conditions are encountered.
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19 10.0 LIMITATIONS
This report is intended for use by EXP and the City of Temecula for the Santa Gertrudis Creek Phase -II project. This report is based on the project as described herein and the information obtained from the exploratory borings at the approximate locations shown in Figure 2 and LOTB sheets. The findings and recommendations contained in this report are based on the results of the field investigation, laboratory tests, and engineering analyses. Also, soils and subsurface conditions encountered in the exploratory borings are presumed to be representative of the project site; however, subsurface conditions and characteristics of soils between exploratory borings can vary. Findings reflect an interpretation of the direct evidence obtained.
Recommendations presented herein are based on the assumption that an appropriate level of quality control and quality assurance (inspections and tests) will be provided during construction.
EMI has no responsibility for errors and incompleteness of available design drawings and assumptions made by EMI due to these errors and incomplete information. EMI should be notified of any pertinent changes in the project plans or if subsurface conditions are found to vary from those described herein. Modifications to the project plans or variations in subsurface conditions may require re-evaluation of the recommendations contained in this report.
The data, opinions, and recommendations contained in this report are applicable to the specific design element(s) and location(s) which is (are) the subject of this report. They have no applicability to any other design elements or to any other locations, and any and all subsequent users accept any and all liability resulting from any use or reuse of the data, opinions, and recommendations without the prior written consent of EMI.
EMI has no responsibility for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the construction, for the acts or omissions of the CONTRACTOR, or any other person performing any of the construction, or for the failure of any worker to carry out the construction in accordance with the Final Construction Drawings and Specifications.
Services performed by EMI have been conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended.
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20 11.0 REFERENCES
American Association of State Highway and Transportation Officials (AASHTO), 2017, AASHTO LRFD Bridge Design Specification, 8th Edition. Washington, DC: AASHTO.
American Society for Testing and Materials (ASTM), 2017, Annual Book of Standards. Soil and Rock; Vol. 04.08.
California Department of Transportation (Caltrans), California Test Methods, various dates. 2020a, ARS Online Web Tool V3.0.2, https://arsonline.dot.ca.gov/ . 2020b, Geotechnical Manual — Liquefaction Evaluation, January. 2019a, October 2019 Interim Revisions to Seismic Design Criteria Version 2.0, October. 2019b, Seismic Design Criteria, Version 2.0, April.
2019c, California Amendments to AASHTO LRFD Bridge Design Specifications — Eighth Edition, April.
2018a, Standard Specifications.
2018b, Standard Plans.
2018c, Corrosion Guidelines, Version 3.0, July.
2014, Geotechnical Manual — Embankments, December.
2013, Memo To Designers 20-10, January.
2012a, Methodology for Developing Design Response Spectrum for Use in Seismic Design Recommendations, November.
2012b, Memo To Designers 5-12, July.
2004, Bridge Design Specifications, August.
1992, Bridge Design Details, Section 6, November.
Diaz Yourman & Associates (DYA), 2005, Draft Report-Geotechnical Investigation Margarita Road Bike Trail Undercrossing, Temecula, California, Project No. 2005-003, May 31.
Lam, I.P., and Martin, G.R., 1986, Seismic Design of Highway Bridge Foundations, Volume 2, Design Procedures and Guidelines, FHWA Report No. FHWA/RD-86/102.
Rocscience, 2018, Slide 2018, 2D Limit Equilibrium Slope Stability Program, Toronto, Canada.
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21 Tokimatsu, A.M., and Seed, H.B., 1987, Evaluation of Settlements in Sands Due to Earthquake Shaking, ASCE Journal of Geotechnical Engineering, Vol. 113, No. 8, August.
Youd, T.L. et al., 2001, Liquefaction Resistance of Soils: Summary Report from the 1996 NCEER and 1998 NCEER/NSF Workshops on Evaluation of Liquefaction Resistance of Soils, Journal of Geotechnical and Geoenvironmental Engineering, ASCE, Vol. 127, No. 10, October.
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APPENDIX A
LOG -OF -TEST -BORINGS SHEETS
NOTES:
(1) This LOTB sheet (Boring Record) was prepared
in accordance with Caltrans Soil and Rock Logging,
Classification and Presentation Manual (2010).
(2) 1.4'' samples were taken using a Standard Penetration Sampler and
2.4" samples were taken using a California Modified Sampler. (3) An automatic trip hammer system consisting of a
hammer weight of 140 Ibs falling a distance of 30''
drop was used to advance samplers.
(4) For Soil Legend, see 9 and e of the Caltrans Standard Plans. 1080
1070 El. +
1060
�1050
1 040
a
w
w
19016110
1020
• •
•••
B-1
OM UW
OM UW
Terminated at El. +1028.5 ft
Drilled on 11/5/2020
Hammer Energy Ratio (ERi=81%
Groundwater not encountered
UNDERGROUND SERVICE ALERT
CALL TOLL FREE
1-800-422-4133
TWO WORKING DAYS BEFORE YOU DIG
COABIRd6710N &-val D4l
1a*_t_
Dots Completed
0 SANTA GERTRUDIS
CREEK
l
BEGIN + 00
�p �P
Type-5 LINE ''A'' Cw
o Ground Anchor Wall
11+00 L,2+00 13+00 x� 14+00 1
1 r B-2
B-5B-1 ® NSTA 1+8
TTA 10+00 12.00 RA 13+99.53
12.0RT 1+29.53 B-4
�31/V1I111111111111
x�0 �
7 Aspphalt concrete iz4 ); Aggregate base
CLAYEY SAND (SC); dark grayish brown to
dark olive brown; moist; trace coarse to
fine GRAVEL; max. 1 in. dia.; mostly fine
to coarse SAND; little low plasticity
fines.
Medium dense.
Dark grayish brown; some medium
plasticity fines.
Fine to medium SAND.
Max 3/8 in. dia.
SANDY lean CLAY CL ; very stiff, dark
grayish brown to dark olive brown; moist;
some fine to coarse SAND; mostly medium
plasticity fines.
Poorly -graded SAND with SILT SP-SM ;
dense; dark grayish brown; moist; trace
fine GRAVEL; max. 1/4 in. dia.; mostly
fine to coarse SAND; few nonplastic fines.
Medium dense; li ht rayish brown.
Lean CLAY CL ; stiff; dark gray; moist;
few fine SAND; mostly medium plasticity
fines; PP=1.0 tsf.
SILTY SAND SM ; medium dense; dark gray;
moist; mostly fine SAND; little
nonplastic fines.
Very dense; olive gray to olive brown;
fine to medium SAND.
Hole ID
Alignment Name
Station and Offset
B-1
''A'' Line
10+21 4.6 Rt
B-2
''A'' Line
11+38 24.2 Rt
B-3
''A'' Line
12+42 42.7 Rt
REWSM ACCD I DATE BENCH MWK
All coordinates are based on
the California State Plane
Coordinate SystemNAD-83
California zone VI epock
2017.5 North 28°57'23.8"
East 31,286.305'
PI A AI
B-2
Asphalt Concrete z4 ; Aggregate Base
(- 5 ).
O UW
SILTY SAND SM ; olive brown; moist;
trace fine GRAVEL; 1/4 in. dia.;
O UW
max.
mostly fine to coarse SAND; little
nonplastic fines.
Very dense; olive brown to light brown;
M
O
encountered Poorly -graded SAND with SILT
(SP-SM) at top of the sampler.
Dense.
O UW
CLAYEY SAND (SC); dense; olive brown to
light brown; moist; mostly fine to medium
SAND; little low plasticity fines.
Medium dense; dark gray to dark grayish
brown; fine SAND; some medium plasticity
OM UW
fines.
Dense; dark grayish brown; fine to medium
SAND.
Poorly -graded SAND SP ; medium dense;
IVJL TT Lin
rown; moist; mostly fine to G
6/2020 2 2.4 OM UW
SANDg trace nonplastic fines.
medium SAND.
Terminated at EI. +1030.5 ftND SM ; dense; grayish brown; Drilled on 11/6/2020 ostly fine SAND; little
Hammer Energy Ratio (ERi=81%ic fines.
raded SAND SP ; dense; light
light brown; moist; mostly fine
um SAND; trace non lastic fines.
Lean CLAY CL ° very stiff; grayish
brown; moist; little fine SAND; mostly
medium plasticity fines.
,LTS1!dill
SGCE .SEAL: __ 0-ow By 1
NgfC wecked y
Vp FESSPRAOAVAN DGBTCRAIRAJF ILwWdK Plana Repaed Under Rpeniaien Of - �V XE 020
E.G. 9-3 - 21 t Dote
s `�OF CPIVV�
R.C.E. No.
B-3
y
El. +1077.0 ft173-11
CR As halt Concrete z6 ; Aggregate Base
(=' ).
111.4 M UW CLAYEY SAND SC dark olive brown;
322.4 DS O UW moist; mostly fine to medium SAND; some
medium plasticity fines.
F241_1 A.,2. SILTY SAND SM medium dense; dark
grayish brown' moist; mostly fine to
312.4 OM UW medium SAND; some nonplastic fines.
Dark brown; trace fine GRAVEL; max.
1/4 in. dia.; fine to coarse SAND.
141.4 OM CLAYEY SAND SC ; dense; dark brown to
O OO dark grayish brown; moist; mostly fine to
5 .4 2DS UW medium SAND; some low plasticity fines.
Medium dense; dark olive brown.
Dark grayish brown to reddish gray= trace
221.4 fine GRAVEL; max. 3/8 in. dia.; medium
plasticity fines
79F 2.4 OM UW Dense; dark grayish brown to dark olive
brown; low to medium plasticity fines.
Medium dense.
241.4 Poorly -graded SAND SP ; dense; light
brown; moist; mostly fine to medium SAND;
+1031 ft 2 2.4 M UW trace nonplastic fines.
020 O O Light brown to yellowish brown; trace
fine GRAVEL; max. 1/4 in. dia.; fine to
2 1.4 coarse SAND.
Poorly -graded SAND with SILT SP-SM ;
_Terminated at El. +1025.5 ft medium dense; light brown; wet; trace Drilled on 11/6/2020 fine GRAVEL; max. 1/4 in. dia.; mostly Hammer Energy Ratio (ERi=81%) fine to coarse SAND; few nonplastic fines.
Poorly -graded SAND SP ; medium dense;
olive brown; wet; trace fine GRAVEL; max.
1/4 in. dia.; mostly fine to coarse SAND;
trace nonplastic fines.
RECOMMENDED BY D47E_
ACCEPTED BY 047E.-
PAMCK 7VAK PE
00MO IP OF PUBLC WOM 00MEER
R.C.E. Ab. 44223
C/TY OF TEMEC(1LA
1080
1070
1060
1050
1040
1030
1020
1010
1000
P64f9--M
B111WIA SAND SAFETY
APPROVED
DEPARTMENT OF PUBLIC WORKS
ONLY
DMwin9 N0.
SANTA GERTRUDIS CREEK TRAIL
MARGARITA RD UNDER -CROSSING
LOG OF TEST BORING 1 OF 3 ShwL_af
NOTES:
(1) This LOTB sheet (Boring Record) was prepared
in accordance with Caltrans Soil and Rock Logging,
Classification and Presentation Manual (2010).
(2) 1.4'' samples were taken using a Standard Penetration Sampler and
2.4" samples were taken using a California Modified Sampler. (3) An automatic trip hammer system consisting of a
hammer weight of 140 Ibs falling a distance of 30''
drop was used to advance samplers.
(4) For Soil Legend, see 9 and e of the Caltrans Standard Plans. 1080
1070
1060
1050
z
1 040
LU
LU
1030
1020
1010
1000
UNDERGROUND SERVICE ALERT
CALL TOLL FREE
1-800-422-4133
*4V0 WORKING DAYS BEFORE YOU DIG
CONSIRLKIIOW RECOIV VAI
1n*_tor
Dots Completed
0 SANTA GERTRUDIS
CREEK
l
BEGIN + 00
�p �P
Type-5 LINE ''A'' Cw
o Ground Anchor Wall
11+00 L,2+00 13+00 x� 14+00 1
1 B-2
B-5B-1 ® NSTA 1+8
TTA 10+00 12.00 RA 13+99.53
12.0RT 1+29.53 B-4
�31/V1I111111111111
x�0 �
7 zw B-4
+1075.0 ft 8
SE CLAYEY SAND SC dark olive brown;
moist; trace fine to coarse GRAVEL; max.
422 4 M UW 1 in. dia.; mostly fine to coarse SAND;
111.4 some low plasticity fines.
Medium dense; dark grayish brown; max
CR
22 2.4 O Max in. dia.
M UW Max. 3/8 in. dia.; fine to medium SAND;
low to medium plasticity fines.
191.4 Low plasticity fines.
40 2.4 O UW Dense; dark grayish brown to dark olive
brown; little fine to coarse SAND.
1g1.4 Medium dense; dark gray brown.
OM UW Poorly -graded SAND SP ; dense; light
qray; moist; mstly fine to medium SAND;
Terminated at El. +1043.5 ft trace nonplasotic fines.
Drilled on 11 /5/2020
Hammer Energy Ratio (ERi=81%)
Groundwater not encountered
Hole ID
Alignment Name
Station and Offset
B-4
''A'' Line
14+04 33.9 Rt
B-5
''A'' Line
15+33 8.7 Rt
REWSM AOCD D47E BENCH MW SGCE SEAL:
N1�2mH
All coordinates are based on v� gfc
the California State Plane
Coordinate SystemNAD-83 V N0. LE 3123 A
California zone VI epock • EXP. -3- 21 t e
2017.5 North 28°57'23.8" W1td rf oar
East 31,286.305'
1 = 30'
zw
B-5
El. +1071.0 ft
As halt Concrete =3 ; A re ate Base =6
8 SILTY SAND SM ; olive; moist; trace fine
1 1.4
,'.,
to coarse GRAVEL; max. 1 in. dia.; mostly
fine to medium SAND; some nonplastic fines.
3 2.4
DS O UW=SAND,
D (SC); medium dense; dark
1 1.4
; moist; trace fine GRAVEL;
3 2.4
O UW
n. dia.; mostly fine to coarse
3 1.4
e low plasticityfines.
SILTY SAND SM medium dense; dark olive
brown; moist; trace fine GRAVEL; max.
6 2.4
:' O UW
1/4 in. dia.; mostly fine to coarse SAND;
little nonplastic fines.
2 1.4
M
O
CLAYEY SAND (SC); medium dense; dark
olive brown; moist; trace fine GRAVEL;
max. 1/4 in. dia.; mostly fine to coarse
5 2.4
O UW
SAND; little low plasticity fines.
Dense; dark grayish brown to dark olive
2 1.4
brown; some medium plasticity fines.
Little low plasticity fines.
31.6 ft
Ver dense; some medium plasticityfines.
/5/2020 3 2.4
';
SILTY SAND SM ; medium dense; dark
grayish brown; moist; mostly fine to
medium SAND; little nonplastic fines.
=2-
Ver dense° olive ra to ra ish brown.
Poorly -graded SAND SP ° dense; gray to
O UW
fight gray; moist; mostly fine SAND;
trace nonplastic fines.
No recovery.
Medium dense; light brown; fine to medium
Terminated at El. +1019.5 ft
SAND.
- Drilled on 11/5/2020
Lean CLAY CL ° very stiff; olive brown;
Hammer Energy Ratio (ERi=81%)
moist; little fine SAND; mostly medium
plasticity fines; PP=2.5 tsf.
Hard; olive brown to dark olive brown;
few fine SAND; PP=4.5 tsf.
y
1080
1070
1060
1 050 m
r
m
1 040 0
z
1030v
1020
1010
1000
PROFILE P64f9--04
ill= 1 o B111WIA SAND SAFETY
REVIEWED FOR COMPL6INCE WITH
TNLE 24 DIS48LED ACCESSIBILITY ONLY
APPROVED BY
0-ow of Dram AN ( ecAed By CITY OF TEMEC(lLA DEPARTMENT OF PUBLIC WORKS Oro.1� P.RAGAVAN P.RAGAVAN A.THURAIRAJAH RECOMMENDED BY AIIE'
Plana Prepared Under Sdp rVsi n Of
ACCEPTED BYPA� P�4 P.E D47E. SANTA GERTRUDIS CREEK TRAIL Dote DREPWOFPt6X etlRKS�a7yD xap e MARGARITA RD UNDER -CROSSING R.C.E. Ab. 44223 ,,,, R.C.E. No. LOG OF TEST BORING 2 OF 3 SnewL of
Nee
CONSISTENCY CLASSIFICATION
LEGEND FOR EARTH MATERIALS (USCS)
TYPE OF BORINGS
IN -SITU. LAB & FIELD
LEGEND OF BORING OPERATIONS
FOR SOILS
According to the Standard
(ASTM D-1586)
BASED ON ASIM 02487. 02488
T�^:1PooR�
RA-L NATENIAL L�35AxD -GRADED
L�.IS/+ID (sv7
®cur (GL d a7 ;,; wfLL ORAOEo,ntm
(Sw)
(ML m Mx) S ONUNO (SM)
i
® PENETMRAARO,IE
TANY
Ro wnSH
E=mONC CONE
ENEmOMEIER
TEST DESIGNATIONS
O Atlmbng Gmb
Calepx PtlM
C CnsdMoxm
Dv t Shen1Mmbwo
axw
5arqNaeDfl.11SPT®SILT
S et ;0; (Vr0
*E=
and/m COBBLESAND
�BORMO(DRY)
r
;o-PEAT
o _*v'`nN lev!e Ua.,K1am Rasar ,®MATTER�_.,NSErpmaion
enun(500 n )L-GRADED
Naex
N'S M1r
sa0-4
wnN]0
04PenetrationTesl
vmY Looa__
CULT SKID (SC)
L (Gx)®.IE
SI
Nu zooM'.
M1m Na
inaS-10ryRHmdDmae
5-e
AVEL (GP) pGODGNEU55ROCK®
1539
CORE egNNC
�
' H.^ 91?S� P A e
IC
or -So
Dmae
9-IS
wllSLi-L
(�) BSfdMF11tMY
otrcu
61.1 PmeNpnetm
a1MVuy19 Fi"7NyY a -do- • •,
, J
>50
vrY Denas
10-JO
>�
VMY �I
HaN Sl
ffo�x yEx owes,
�qc�n [.::7rAE
OCRAVEL (CC)OCK
H L IUBE
�a SP
BC �a EWiwlmt
O
u 1751W
5xOya�i ncanlarmsde motors Tinge (Eva)
Brhq Oax I Ilan nklM sae (N� DM TM BeM.q
SeNe ma xYardnetm�eb
O xytramele,
Band sale 0-bd ONE RIEBMNON m#Ia OX rfnuMCRA m4r
NOR. 11 O MRaalan or eorU malerida we eaxd m RNa nspalion O SeatD.N..
SAME
m N,a
ana are canlVmea a ,maaea xiU IPvaatmY last r ft as naeaamy uC UncmfinM Compeaian
a-.lui e
x mwrama Nu Ka Nmgm1 - n
- --- - - -- - - - -- -- -- -.�� SANTA GERTRUOIS CREEK
A Jw ap
---------________ / LOL 'A' LIN�_MIT�USE TRAIL
------------------------� _--------- -------- - 5xa ,--�----- - - - - - - - - - - - - - - - - - - - - - - - ,p0 I 121+00 13+00 / 141 00 xn5, 11•w•E 15• -
16-00
F
SCALE: 1" = 80 it
/y `f 0 40 80ft
110
c
1100
109
It _ _ .. c. ...
_
1090
J
J
_ o
V)
+
o B- 1 -
}
108
.._. _ .. _o _.. ....._................. ..... .... ..
.._ oz m .. .. ..................... .... ....... EL. 1078 t-© Inch .... ..... 1080 Doi
`,
t= SILTY SAND ISM), olive brown, moist, loose,
m B - 2
,, g - 3 20 2. 129 13 fine-grained sand, +race fine gravel, micaceous Z
Z
O
EL. 1070 t © Inch EL. 1071 t © Inch ...................... .... ...
O
1070
1 07
..
-ASPHALT- 4 Inches . . - - 14 I. 2 medlLm dense, no gravel - - ASPHALT - 4 Inches _
I 2. I II 9 SILTY GRAVEL with SAND IDM), oflve brown, moist, dense, fine to 14 2. I II IB SILTY GRAVEL with SAND (GM), brown, moist, dense, fine to co0rse ravel, floe- To coarse- rolned band, Base - 6 Inches 1-
~
coarse gravel, fine- to coarse-aralned sand, BASE - 6 Inch 5 2. 3 II Iq IS 2. 2 II 13 32 2. 2 : 127 I SILTY SAND fSMI, olive brown, mist, loose, floe- to coarse-g olned a
a
SILTY SAND (SM)I olive brown, moist, loose, fine- To coarse-grolned sand, micaceous
> 1 06
1 sand, trace fine gravel, micaceous .... ......... 18 I. 4 ".' - - - - 21 2. 3 `' 11 14 - - 24 2. 3 II IS CLAYEY SAND (SC), olive brown, moist, loose, fine- to 1 060 >
I fine-grained sand, medhm dense dlum- rolned sand micaceous LL7
LL7
Terminated at El. 1058.5CMYEY SAND (SC), dark fray, moist, mediun dense, fine-gro 2 5 II IS Terminated at E1. 10591 ILTY SAND (SM), olive brown, moist, loose, floe -to coarse-gr s 0 Drilled on 4/8/05
Ined sand
Drilled on 4/8/05
w
W 105
- - 24 I. 6 -floe- to coarse-grainedsand -
1050
R[ w - , o Ive rows, mo st,
45 2. 71 113 7 medium dense, fine- to coarse -grained sand 104
38 I. 8 -pale olive, dense . _
1040
Terminated at El. 1039.5 ft
Drilled on 4/8/05
103..NOTES
... ........... ........ ...... .......................... 1030
2.4-Inch samples were taken using a California
split -barrel sampler with an Inside diameter (I.D.) of
2.4-Inch and an outside diameter (O.D.1 of 3-inch
1020
102
10-00 11-00 12,00 13+00 14.00 15{00 16-00
PROFILE
STATIONING ALONG 'A" LINE VERTICAL 1" = 20 it
HORIZONTAL 1" = 50 It
CONSTRUCTION RECORD
CoreaM
DATE
BY
REASONS
—
DATE
Designed By Drewn By Checked By
I BENCH MARK SDDt0l'*"'
SCALE
,e 1(Ia J. LEB S. P. wBgRARATNI
w0.M (1wND WNimr '�'
Mwwm er'u.�wa,alwaiN,eixllD.aanaw xoaontal PreDarad Under Supervision Of RECOMMENDED BY. �` DATE://•�'
CREG 1 �PL ENGINEER
CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS
Drawing No.
ROAD UNDERCROSSING, PW04-13
LOG OF TEST BORINGS
APions
�� k .'�V!�Date I I/06/06
v'mruENwRAwaMnxDAS Sxawx Q R.C.E. No. 2374 e,P,,,, 9/30/07 a!UNDERGROUND
RR -
`MARGARITA
ACCEPTED BY: - DATE: L�Z^S
MLLNUGNfS. DIRECTOR DF PUBLk wtlflNS, CITY ExGixfffl—
NCE No Coebil Exviree: JUNE So.
15 SERVICE ALERTa,a.aw1
sheetfAPPROVED
LD/NGANO SAFETY
CALL
_. - _. -
�OMPL6INCE Wl(H
1-800-422-4/33
4BLE0 ACCESS/BILIIY ONLY
Y•
*4V0 WORKING DAYS BEFORE YOU DIG
CONSIRIDCDOV RECORD
Qg1E
BY
RENSIONS
ACCO
DATE
BENCH MW
SGCE
&A-W
SEAL: __
pRDFESSIpNg
� �y
Dml9ned By
Drawn By
Checked by
RECOMMENDED BY DI7E•
C/TY OF TEMECULA DEPARIM£NI' OF PUBLIC WORKS
Drawing No.
conrrwcror
All
coordinates are based on
PRAGAVAN
RRAGAVAN
A.THURAIRAJAH
the
Inspector
California State Plane
SystemNAD-83
zone VI epock
North 28°57'23.8"
V ND. LE 3a3
. EXP. 9-30-2021 ;
ACCEPTED BY,, DglE.'
PAMCK THOWS PE
PLOW Mtl11"/""°�''�''
-
Rlets PhIpaed Under Rp rjgron Of
Dat
a
SANTA GERTRUDIS CREEK TRAIL
MARGARITA RD UNDER -CROSSING
Coordinate
California
2017.5
NHww
Doe. CompNted
0.�<
R.C.E.ONa
East
ShwL—o
31286.305'rfOr
-
A,,,
R.C.E. ND.
LOG OF TEST BORING 3 OF 3
APPENDIX B
LABORATORY SOIL TEST RESULTS
TABLE B-1 SUMMARY OF LABORATORY TEST RESULTS
Project No. : 20-130 Project Name : EXP, Santa Gertudis Creek Phase II, Temecula Soil Soil -
Moisture Atterberg Soil- Soil -Soluble Moisture
Identification Total Unit Grain Size Sand Soil -
Sample Sample Content Pocket Torvane Limits Minimum Sulfate Free Boring No . (group symbol) Weight Distribution Equivalent pH No. Depth ASTM Penetrometer Shear ASTM Resistivity Content Chloride ASTM D2216 ASTM D2937 GR:SA:FI (CT-217) D4318 CT-643 CT-643 CT-417 Content D2488/D2487 CT-422
(pcf) (tsf) (tsf) M (LL/PL/PI) (ohm -cm) (ppm) (ppm)
B-1
B-0
0 Sc
21 2800
8.4 248
259
B-1
D-2
7.5 Sc
11.5 138.8
B-1
D-4
12.5 Sc
10.8 131.0
B-1
S-5
15 CL
13.6 990
8.2 537
382
B-1
D-6
20 SP-SM
5.5 121.6
B-1
D-8
30 CL
35.1 111.7
B-1
D-10
40 SM
16.0 136.4
B-2
D-1
5 SM
5.7 135.0
B-2
D-3
10 Sc
7.4 131.9
B-2
S-4
15 Sc
21.1 B-2
D-5
20 Sc
11.5 139.2
B-2
D-7
30 SP
3.6 103.0
B-2
D-9
40 CL
27.4 120.5
B-3
B-0
0 Sc
1200
8.5 143
347
B-3
D-2
7.5 SM
13.3 136.4
B-3
D-4
15 Sc
13.2 136.5
B-3
S-5
20 Sc
12.9 B-3
D-6
25 Sc
10.5 136.7
B-3
D-8
35 SP
2.6 104.3
B-3
D-10
45 SP-SM
10.7 128.6
B-4
B-0
0 Sc
15 B-4
D-1
5 Sc
9.0 140.7
B-4
S-2
7.5 SM
2400
8.7 288
299
B-4
D-3
10 Sc
10.7 135.6
B-4
D-5
20 Sc
9.3 138.1
B-4
D-7
30 SP
4.2 107.5
B-5
D-2
7.5 SM
12.5 133.6
B-5
D-4
12.5 Sc
13.4 137.2
B-5
D-6
20 Sc
12.8 131.3
B-5
S-7
25 SM
11.6 B-5
D-8
30 SM
10.8 129.7
B-5
D-12
50 CL
20.8 129.1
3.0 2.5
w
y 2.0
c
.N
y 1.5
y
N
t 1.0
N
0.5 0.0
0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5
Normal Stress (ksf)
Iiltimaty • C) ChPar Tvnv lnundate� Ondishirhed Peak
--
---
---
---
--
3.5 3.0
2.5 N
-S 2.0
N
N
N
1.5 m
m
r
N
1.0 0.5
---
---
---
---
0.0 0.00 0.05 0.10 0.15 0.20 0.25 0.30 0.35 0.40 0.45 0.50 Horizontal Deformation (inch)
Boring No. : B-1
Strength Intercept (C)
1.15 (kst)
Peak
0.23 (kst)
Ultimate
Sample No. D-4
54.87 (kPa)
11.20 (kPa)
Depth (fttm) : 12.5 0.00
Friction Angle
22.49 Degree
28.25 Degree
Description : Dark olive gray, CLAYEY SAND (SC) Shear Rate (inch/minute) : 0.02 SYMBOL
MOISTURE
CONTENT (%)
DRY DENSITY
VOID
RATIO
NORMAL STRESS
PEAK STRESS
ULTIMATE STRESS
(pef)
(kN/m)
(kst)
(kPa)
(kst)
(kPa)
(kst)
(kPa)
24.99 103.76
16.33 0.62
1.00 47.88
1.67 79.86
0.78 37.35
1977.
109.31
17.20 0.54
2.00 95.76
1.81 86.76
1.30 62.05
24.44 103.06
16.22 0.64
4.00 191.52
2.86 136.75
2.39 114.34
EXP, Santa Gertudis Creek Phase 11, Temecula
Earth Mechanics, Inc.
Geotechnicaland Earthquake Engineering
DIRECT SHEAR TEST (ASTM D-
Project No.: 20-130 Date : 3080) Figure No.
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.........................
Boring No. : B-3
Strength Intercept (C) :
0.36 (ksf)
0.06 (ksf)
I I I
and Earthquake Engineering
DIRECTGeotechnical
SHEAR TEST
• 1 1:1
' ..II
1. Peak
Ultimate
Sample No. : D-2
17.24 (kPa)
2.87 (kra)
Depth (fum) : 7.5 0.00
Friction Angle
37.40 Degree
31.40 Degree
Description :Very dark brown, SILTY SAND (SM) Shear Rate (inch/minute): 0.02 SYMBOL
MOISTURE
CONTENT (%)
DRY DENSITY
VOID
RATIO
NORMAL STRESS
PEAK STRESS
ULTIMATE STRESS
(pcf)
(kN/m3)
(ksf)
(kPa)
(ksf)
(kPa)
(ksf)
(kPa)
0 16.92
113.88
17.92 0.48
0.50 23.94
0.73 35.05
0.37 17.81
17.51 112.02
17.63 0.50
1.00 47.88
1.14 54.58
0.66 31.60
3.5 3.0
c;=, 2.5
N
C
2.0 Le
f� 1.5
m
m
U) 1.0
0.5 0.0
2.0 2.5
3.0 3.5
0.0 0.5 1.0 1.5
4.0 4.5
Normal Stress (ksf)
Ultimate : O Shear Type: Inundate( undisturbed Peak
EXP, Santa Gertudis Creek Phase 11, Temecula
Earth Mechanics, Inc.
Geotechnicaland Earthquake Engineering
DIRECT SHEAR TEST �ASTM D-
Project No.20-130
:
Date:
3080) Figure No.
3.5 3.0
2.5 N
Y_
'9 2.0
N
N
N
�
1.5 m
m
r
1.0 0.0
0.00 0.05 0.10 0.15 0.20 0.25 0.30 0.35 0.40 0.45 0.50
Horizontal Deformation (inch)
Boring No. : 8-3
Strength Intercept (C)
1.10 (kst)
Peak
0.30 (kst)
Ultimate
Sample No. : D-6
52.57 (kPa)
14.36 (kPa)
Depth (rum) : 25.0 0.00
Friction Angle
27.25 Degree
31.68 Degree
Description :Dark olive gray, CLAYEY SAND (SC) Shear Rate (i°cwnuo°te) : 0.02 SYMBOL
MOISTURE
CONTENT (%)
DRY DENSITY
VOID
RATIO
NORMAL STRESS
PEAK STRESS
ULTIMATE STRESS
(pet)
(kN/m3)
(kst)
(kPa)
(kst)
(kPa)
(kst)
(kPa)
�
15.98 119.95
18.88 0.41
1.00 47.88
1.34 64.35
0.83 39.64
16.56 118.38
18.63 0.42
2.00 95.76
2.53 121.23
1.67 79.86
A
16.25 115.83
18.23 0.46
4.00 191.52
3.02 144.79
2.72 130.43
5.5 5.0
- - -
---
Depth (ft/m) : 30.0 0.00 Friction Angle 39.41 Degree 32.71 Degree Description :Light olive brown, Poorly graded SAND (SP) Shear Rate (inch/minute) : 0.02
MOISTURE DRY DENSITY VOID NORMAL STRESS PEAK STRESS ULTIMATE STRESS SYMBOL CONTENT (%) (pct) (kN/m3) RATIO (ksf) (kPa) (ksf) (kPa) (ksf) (kPa) 0 21.82 89.06 14.02 0.89 1.50 71.82 1.28 61.48 1.16 55.73
21.94 88.88 13.99 0.90 3.00 143.64 2.57 122.96 1.90 90.78 A 20.01 94.99 14.95 0.77 6.00 287.28 4.99 239.02 4.01 191.90
2.0 1.5 -
w
N
/
N
I/
y 1.0
y /I/
L I/
d
0.5 /I
/I
0.0 '
2.0 2.5
0.0 0.5 1.0 1.5
Normal Stress (ksf)
Ultimate : O Shear Type: Inundate( Undisturbed Peak
EXP, Santa Gertudis Creek Phase 11, Temecula
Earth Mechanics, Inc.
Gwtechnical and Earthquake Engineering
DIRECT SHEAR TEST (ASTM D-
Project No.20-130
:
Date:
3080) Figure No.
2.0 1.5
N
Y_
C
.N
1.0 rn
m
m
t
0.5 0.0
Z0 0.05 0.10 0.15 0.20 0.25 0.30 0.35 0.40 0.45 0.50
Horizontal Deformation (inch)
Boring No. : 8-5
Strength Intercept (C)
0.46 (kst)
Peak
0.00 (kst)
Ultimate
Sample No. : D-2
21.83 (kPa)
0.00 (kPa)
Depth (rvm) : 7.5 0.00
Friction Angle
29.35 Degree
33.40 Degree
Description :Dark olive brown, SILTY SAND (SM) Shear Rate (i°cmnuo°te) : 0.02 SYMBOL
MOISTURE
CONTENT (%)
DRY DENSITY
VOID
RATIO
NORMAL STRESS
PEAK STRESS
ULTIMATE STRESS
(pet)
(kN/m3)
(kst)
(kPa)
(kst)
(kPa)
(kst)
(kPa)
�
17.73 110.50
17.39 0.53
0.50 23.94
0.53 25.28
0.25 12.07
2063.
107.43
16.91 0.57
1.00 47.88
1.33 63.78
0.62 29.88
A
16.84 104.65
16.47 0.61
2.00 95.76
1.48 70.67
1.36 64.93
APPENDIX B - LABORATORY TESTING
Diaz•Yourman & Associates selected soil samples to be tested and the tests to be performed on the selected samples. Laboratory testing was performed by Hushmand & Associates. Laboratory data are summarized on the boring logs in Appendix A and presented on Plates B1 through B6.
We have reviewed and concur with the test results and accept full responsibility for their use in our analysis. A summary of the geotechnical laboratory testing is presented in Table 131. Corrosion potential test results are summarized in Table B2.
Table 131 - LABORATORY TESTING SUMMARY
TEST NAME
PROCEDURE
PURPOSE
LOCATION
Percent Passing the No. 200 Sieve
ASTM D1140-92
Classification, index properties
; Boring Logs
Moisture Content, Dry Density
ASTM D2216-92
Classification, index properties
Boring Logs
Grain -Size Distribution
ASTM D422-63
Classification, index properties
Plate B1
Atterberg Limits
ASTM D-4318-93
Expansion potential,
classification, t idex properties
Plate B2
Direct Shear
ASTM D3080-90
— Shear strength
Plates B3 & B4
Compaction
ASTM DI557-91
—�—Earthwork
Plates B5
Resistance (R-) Value
ASTM L1284�'-69
CTM 301
Pavement thickness design
Plates B6
pH
CTM 532
Corrosion ~;otential
Table B2
Resistivity
CTM 532
Corrosion potential
Table B2
Soluble Sulfates
� CTM 417-B
_ Ccrrask-)n potential
Table B2
Soluble Chlorides
422
Corrosion potential
Table B2
_..__.._.__CTM
Notes:
ASTM = American 'ociety for Testing and Materials
CTM = Caltrans Test Method
UBC = Uniform Buiidfl-ng Code
Table B2 - CORROSION POTENTIAL TEST RESULTS
Boring No.
B1
Depth �f� et) —�
0 to 5
_..
pH
7.8 Water Soluble Sulfate Content (ppm)
ND
Water Soluble Chloride Content (pprn)
225
Minimum Resistivity/Moisture Content (ohms -cm)
3,800
Note: ND — Non Detsa;a
B-1
K:\datafls\PROJECTS\2005\2005-003\Report\10 Report.doc
Z_
W
w
0 a
E
U.S. Standard
Size
(in.)
►�
U.S.
Standard
Sieve
Numbers
>�
Hydrometer
Sieve
3 1 %2
%
%
4 8
16 30
50 100
200
100
I
I
I
II
I
I
90 I
I
I
I
I
I
I
I
I
I
I
80 I
I
I
I
I
I
I
70 I
I
I
I
I
x
I
I
I
I
I
I
w 60
w 50
I.
Z
w 40
I
r
(
w
a
30 I
20 I I I !
I I I
10 I I I
I I I I I
0 100 50 10 5 1''="''`' 0.5 0.1 0.05 0.01 0.005 0.001
GRAIN SI2,:,IN MILLIMETERS
Coarse Fine
Coarse
Medium
Fine
COBE�i �- S
SILT or CLAY
SAND
r� GRAVEL
Symbol
Source
Depth
j (feet)
Classification
Natural
M. C. (%)
Liquid
Limit (%)
Plasticity
Index (%)
%Passing
#200 Sieve
B- 1
12.0 SILTY SAND (SM)
14 39
❑
B- 1
22.0 ' SILTY SAND (SM)
15 37
0 B- 2
5.0 CLAYEY SAND (SC)
13 30
14 43
PARTICLE SIZE ANALYSIS PLATE
Temecula Margarita Road Undercrossing
Project No. 2005-003
U-LINE A -LINE
70 60
50 w
C 40
-
-
z
CH or
OH
30 --,
-I
CL
or OL
a
20 MH rOH
10 -
7 CL- M L ML or OL
4 0
0 16 20 40 60 60 100 120
LIQUID LIMIT
Laboratory Testing by: Husmand Associates, inc
..�. M 1__7
Symbol
source
(fees)
�
Classification
Natural
M. C. (%)
Liquid
Limit (%)
Plastic
Limit (%)
Plasticity
Index (%)
%Passing
#200 Sieve
O�V
B- 2
5.0 ' CLAYEY SAND (SC)
13 30
16 14
43 PLASTICITY CHART
PLATE
Temecula Margarita Road Undercrossing ��
Project No. 2005-003
HAIGeotechnicalHHMANDdEa011 Earthquake Engineers DIRECT SHEAR TEST {ASTM D3080}
Client: Diaz Yourman & Associates
Project Name: Temecula Margarita Rd. Undercrossing
Project Number: 2005-003
Boring No.: B - 1 Sample No.: 3 Depth: 12'
Sample Description: Dark Olive. Clavev Sand (SC)
Type of test: Consolidated, Saturated, Drained.
Rate of Displacement: 0.002 in/min.
6.0 5.5
5.0 4.5
w
4.0 3.5
N
N
°' 3.0
cn
2.5 s
cn
2.0 1.5
1.0 0.5
00 0 0.05 0.1 0.15 0.2
Displacement (in)
(8.0 ksf
(4.0 ksf)
(2.0 ksf)
ff*M
8 2
0L
0 HAI Project No.: 03-0417
Tested by: PM
Checked by: JT
Date: 04/13/05
PEAK
ULTIMATE
c
(ksf)
q
(degrees)
c
(ksf)
m
(degrees)
0.58 30.6
0.17 30.5
0,00000000
Ultimate
2 4 6
Normal Stress (ksf
8 B3 10
HAIH SHMAND A SSOCIA LES. INC. DIRECT SHEAR TEST
Geotechnica! and Earthquake Engineers
(ASTM D3080)
Client: Diaz Yourman & Associates
Project Name: Temecula Margarita Rd. Undercrossing
Project Number: 2005-003
Boring No.: B - 1 Sample No.: 5 Depth: 22'
Sample Description: Dark Olive, Clavev Sand (SC)
Type of test: Consolidated, Saturated, Drained.
Rate of Displacement: 0.002 in/min.
6.0 5.5
5.0 4.5
4.0 3.5
N
N
3.0 2.5
U)
2.0 1.5
1.0 0.5
00 0 0.05 0.1 0.15 0.2
Displacement (in)
(8.0 ksf)
(4,0 ksf)
(2.0 ksf)
10 8
IIIIIII M
0V
0 HAI Project No.: 03-0417
Tested by: PM
Checked by: JT
Date: 04/14/05
PEAK
ULTIMATE
c
(ksf)
P
(degrees)
c
(ksf)
(degrees)
0.77 30.1
0.08 31.8
Peak
/ Ultimate
oe
2 4 6
Normal Stress (ksf)
8 B4 10
HUSHMAND ASSOCIATES. INC.
H,,: -- -mil Geotechnical and Earthquake Engineers
Client : Diaz Yourman & Associates
Project Name: Temecula - Margarita Rd. Undercross
Project No.: 2005-003
Boring No.: B - 2
Sample No.: --- Depth: 0 - 5'
Soil Description: Dark Olive, Clayey Sand (SC)
140
135
130
125
o.
H
120
w
c�
CE
0 1!0
105
100
COMPACTION CURVE
(ASTM D1557)
HAI Project No.: 03-0417
Tested by: PM
Checked by: JT
Date: 4/17/2005
Procedure: A
Mold Size: 4 in
\
\ `
Gs = 2.70
\ \
Gs=2.60
Maximum Dry
i
\\
Density: 123.0 pcf
\ \
-w
\
\
Optimum Moisture
Content: 7.5%
0 5 10 15
MOISTURE CONTENT (%}
20 R - VALUE DATA SHEET
P.N. 2005-003
Temecula/Margarita
PROJECT NUMBER 32053 BORING NUMBER: B-3 @ 0'-5'
SAMPLE DESCRIPTION: _ Brown Clayey Sand
Item
a
SPECIMEN
b
c
Mold Number
1 2
3 Water added, Erams
50 30
38 Initial Test Water, Q
9.7 8.0
8.7 Compact Gage Pressure,psi
50 160
115
Exudation Pressure, psi
216
502
367
Height Sample, Inches
2.62 --
2.50 2.44
Gross Weight Mold, grams
3282
3308
3278
Tare Weight Mold, grams
_ 2083
2116
2118
Sample Wet Weight, grams
1199
1192
1160
Expansion, Inches x 10exp 1
25 19
Stability 2,000 ibs (160psi)
5 E5, /
125
37 / 77
43 / 96
Turns Displacement
3..�:'.
2.45 2.67
R-Value Uncorrected
18�
52 38
R-Value Corrected
1 - —
52 36
Dry Densit , j1:f
126.3
133.8
132.5
DESIGN CALCULATION DATA
Traffic Ind= x Assumed:
4.0 4.0
4.0 G.E. by Stabilily
I 0.83
0.49 0.66
G. E. by Expansion
0.07 0.83
0.63 Equilibrium R-Value
28 by
EXUDATION
Examined & Checked: 4
Qf ✓
`
/14/ 05
REMARKS:
Gf - 1.25
0.0 o Retained on the
3/4" sieve.
S t& en M Hinz 30659
The data above is based upon processing and testing samples as rece Ged from the field. Test procedures in accordance with latest revisions to Department of Transportation, State of California, Materials & Research Test Method No. 301.
LaBelle • Marvin B 6
Appendix G
Water Quality Management Plan
for Santa Gertrudis Creek
Phase II - Margarita Road
Undercrossing
ESA
City of Temecula
WATER QUALITY MANAGEMENT PLAN (WQMP)
PROJECT NAME & NUMBER:
Santa Gertrudis Creek Phase II — Margarita Road Under crossing PW19-04
PROJECT ADDRESS:
Margarita Road @ Santa Gertrudis Creek, Temecula
PREPARED BY:
Name Portia Gonzalez, P.E., EXP U.S. Services
Address 451 E. Vanderbilt Way Suite 375
San Bernardino, CA 92408
Phone (949) 257-5340
Email [email protected]
CIP PROJECT MANAGER:
Name William Becerra
DATE OF WQMP: December 10, 2020
'r 1989
:S • Nr.%V ONE„`
Water Quality Project Type:
❑ Maintenance
❑ Standard Development
❑ Priority Development
X Exempt Priority Development
WQMP
Preparer's Certification
Project Name: Santa Gertrudis Creek Phase II — Margarita Road Under crossing Project Number: PW19-04
PREPARER'S CERTIFICATION
I have read and understand that the City of Temecula has adopted minimum requirements for managing urban runoff, including stormwater, from capital improvement activities, as described in the BMP Design Manual. I certify that this WQMP has been completed to the best of my ability and accurately reflects the project being proposed and the applicable BMPs proposed to minimize the potentially negative impacts of this project's activities on water quality.
I hereby declare that the design is consistent with the requirements of the City of Temecula BMP Design Manual, which is a design manual for compliance with local City of Temecula Stormwater and Urban Runoff Management and Discharge Controls Ordinance (Chapter 8.28 et seq.) and regional MS4 Permit (California Regional Water Quality Control Board San Diego Region Order No. R9-2013-0001 as amended by R9-2015-0001 and R9-2015-0100) requirements for stormwater management; as well as the requirements of the City of Temecula Engineering and Construction Manual (Chapter 18) and the City of Temecula Erosion and Sediment Control Ordinance (Chapter 18.18 et seq.).
i'
12/10/20
Preparer's Signature Date:
Portia Gonzalez, P.E.
Print Name
EXP U.S. Services Inc.
Company
William Becerra
CIP Project Manager
STOP! Before continuing this form review Chapter 1.3 of the BMP Design Manual. If the project type is listed in Table 1-2, permanent stormwater requirements do not apply to your project. Write your exempt project category in the space provided below. Do not complete this WQMP.
Exempt Project category
Preparation Date: December 10, 2020 Template Date: April 15, 2020
WQMP
Step 1: Source Control BMP Checklist
Source Control BMPs
All development projects must implement source control BMPs 4.2.1 through 4.2.6 where applicable and feasible. See Chapter 4.2 and Appendix E of the City BMP Design Manual for information to implement source control BMPs shown in this checklist.
Answer each category below pursuant to the following:
• "Yes" means the project will implement the source control BMP as described in Chapter
4.2 and/or Appendix E of the City BMP Design Manual. Discussion / justification must be provided and show locations on the project plans. Select applicable Source Controls in the Source Control BMP summary on the following page. • "No" means the BMP is applicable to the project but it is not feasible to implement.
Discussion / justification must be provided.
• "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion / justification must be provided.
Source Control Requirement
Applied?
4.2.1 Prevention of Illicit Discharges into the MS4
❑ Yes
❑No
X N/A
Discussion / justification:
The project is not expected to generate any non-stormwater discharges in the post -project condition. The proposed project is to construct a multi -purpose trail under Santa Margarita Road on the existing Santa Gertrudis Creek concrete side slope.
4.2.2 Storm Drain Stenciling or Signage
❑Yes
❑No
X N/A
Discussion / justification:
The project is not proposing any new inlets. The Santa Margarita Road flows are contained in the roadway and directed to an existing catchbasin approximately 700' to the north.
4.2.3 Protect Outdoor Materials Storage Areas from Rainfall, ❑Yes
❑No
X N/A
Run -On, Runoff, and Wind Dispersal
Discussion / justification:
The project is not proposing any material storage areas.
4.2.4 Protect Materials Stored in Outdoor Work Areas from ❑Yes
❑ No
Rainfall, Run -On, Runoff, and Wind Dispersal
Discussion / justification:
The project is not proposing any outdoor work area in the post -project condition.
4.2.5 Protect Trash Storage Areas from Rainfall, Run -On, ❑Yes
❑No
X N/A
Runoff, and Wind Dispersal
Discussion / justification:
The project is not proposing any trash storage areas.
4.2.6 Additional BMPs Based on Potential Sources of Runoff ❑Yes
❑No
X N/A
Pollutants
Template Date: April 15, 2020 Preparation Date: December 10, 2020
W
WQM P
Discussion / justification. Clearly identify which sources of runoff pollutants are discussed:
There are no potential sources of runoff pollutants that have been identified within the project limits. The proposed trail is for non -motorized use and will be located on the Santa Gertrudis Creek concrete side slope.
Source Control BMP Summary
Select all source control BMPs identified for your project in sections 4.2.1 through 4.2.6 above in the column on the left below. Then select "yes" if the BMP has been implemented and shown on the project plans, "No" if the BMP has not been implemented, or "N/A" if the BMP is not applicable to your project.
❑ SC -A. On -site storm drain inlets
❑Yes
❑No
X N/A
❑ SC-B. Interior floor drains and elevator shaft sump
pumps
❑Yes
❑No
X N/A
❑ SC-C. Interior parking garages
❑Yes
❑No
X N/A
❑ SC-D1. Need for future indoor & structural pest control ❑Yes
El No
X N/A
❑ SC-D2. Landscape/outdoor pesticide use
❑Yes
❑No
X N/A
❑ SC-E. Pools, spas, ponds, fountains, and other water
features
❑Yes
El No
X N/A
❑ SC-F. Food service
❑Yes
❑No
X N/A
❑ SC-G. Refuse areas
❑Yes
El No
X N/A
❑ SC-H. Industrial processes
❑Yes
❑No
X N/A
❑ SC -I. Outdoor storage of equipment or materials
❑Yes
El No
X N/A
❑ SC-J. Vehicle and equipment cleaning
❑Yes
❑No
X N/A
❑ SC-K. Vehicle/equipment repair and maintenance
❑Yes
El No
X N/A
❑ SC-L. Fuel dispensing areas
❑Yes
❑No
X N/A
❑ SC-M. Loading docks
❑Yes
El No
X N/A
❑ SC-N. Fire sprinkler test water
❑Yes
❑No
X N/A
❑ SC-O. Miscellaneous drain or wash water
❑Yes
El No
X N/A
❑ SC-P. Plazas, sidewalks, and parking lots
❑Yes
❑No
X N/A
❑ SC-Q. Large trash generating facilities
❑Yes
El No
X N/A
❑ SC-R. Animal facilities
❑Yes
❑No
X N/A
❑ SC-S. Plant nurseries and garden centers
❑Yes
El No
X N/A
❑ SC-T. Automotive facilities
❑Yes
❑No
X N/A
Note: Show all source control measures applied above on the plan sheets.
Preparation Date: December 10, 2020 Template Date: April 15, 2020
WQMP
5 Step 2: Site Design BMP Checklist
Site Design BMPs
All development projects must implement site design BMPs SD -A through SD-H where applicable and feasible. See Chapter 4.3 and Appendix E of the City BMP Design Manual for information to implement site design BMPs shown in this checklist.
Answer each category below pursuant to the following:
• "Yes" means the project will implement the site design BMP as described in Chapter 4.3 and/or Appendix E of the City BMP Design Manual. Discussion / justification must be provided and show locations on the project plans.
• "No" means the BMP is applicable to the project but it is not feasible to implement.
Discussion / justification must be provided.
• "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project site has no existing natural areas to conserve). Discussion / justification must be provided.
Site Design Requirement
Applied?
4.3.1 Maintain Natural Drainage Pathways and Hydrologic X Yes
❑No
El N/A
Features
Discussion / justification:
The project maintains the existing drainage pattern toward the Santa Gertrudis Creek
4.3.2 Conserve Natural Areas, Soils, and Vegetation
X Yes
❑ No
❑ N/A
Discussion / justification:
The project will replace all vegetation to be removed during construction
4.3.3 Minimize Impervious Area
X Yes
❑No
El N/A
Discussion / justification:
The project minimizes the new impervious areas by constructing the trail on the channel's existing concrete side slopes
4.3.4 Minimize Soil Compaction
X Yes
❑No
El N/A
Discussion / justification:
The project minimizes soil compaction
4.3.5 Impervious Area Dispersion
❑Yes
❑No
X N/A
Discussion / justification:
Since the project area is located within the Santa Gertrudis Creek concrete side slope, the impervious area dispersion is the same as existing.
4.3.6 Runoff Collection
❑Yes
❑No
X N/A
Discussion / justification:
The project area drains directly to Santa Gertrudis Creek
4.3.7 Landscaping with Native or Drought Tolerant Species ❑Yes
❑No
Discussion / justification:
Landscaping is not part of the scope of this project
Template Date: April 15, 2020 Preparation Date: December 10, 2020
I
WQM P
4.3.8 Harvesting and Using Precipitation ❑Yes I ❑No X N/A Discussion / justification:
The project area directly drains to Santa Gertrudis Creek Step 3: Project type determination (Standard or Priority Development Project)
Is the project part of another Priority Development Project (PDP)? ❑ Yes X No If so, Standard and PDP requirements apply. Go to Step 3.1 and select "PDP" The project is (select one): ❑ New Development X Redevelopment' The total proposed newly created or replaced impervious area is: 7,241 ft2 The total existing (pre -project) impervious area is: 7,189 ft2 The total area disturbed by the project is: 8,712 ft2
If the total area disturbed by the project is 1 acre (43,560 sq. ft.) or more OR the project is part of a larger common plan of development disturbing 1 acre or more, a Waste Discharger Identification (WDID) number must be obtained from the State Water Resources Control Board.
Is the project in any of the following categories, a through f ?2 Yes
No
(a)
New development projects that create 10,000 square feet or more of impervious surfaces ❑
X
3(collectively over the entire project site). This includes commercial, industrial, residential, mixed -use, and public development projects on public or private land.
Yes
No
(b)
Redevelopment projects that create and/or replace 5,000 square feet or more of ❑
X
impervious surface (collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surfaces). This includes commercial, industrial, residential, mixed -use, and public development projects on public or private land.
Yes
No
(c)
New and redevelopment projects that create and/or replace 5,000 square feet or more of ❑
X
impervious surface (collectively over the entire project site), and support one or more of the following uses:
(i) Restaurants. This category is defined as a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812).
(ii) Hillside development projects. This category includes development on any natural slope that is twenty-five percent or greater.
(iii) Parking lots. This category is defined as a land area or facility for the temporary parking or storage of motor vehicles used personally, for business, or for commerce.
(iv) Streets, roads, highways, freeways, and driveways. This category is defined as any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles.
Redevelopment is defined as: The creation and/or replacement of impervious surface on an already developed site. Examples include the expansion of a building footprint, road widening, the addition to or replacement of a structure, and creation or addition of impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Redevelopment does not include routine maintenance activities, such as trenching and resurfacing associated with utility work; pavement grinding; resurfacing existing roadways; new sidewalks construction; pedestrian ramps; or bike lanes on existing roads; and routine replacement of damaged pavement, such as pothole repair.
Applicants should note that any development project that will create and/or replace 10,000 square feet or more of impervious surface (collectively over the entire project site) is considered a new development.
Preparation Date: December 10, 2020 Template Date: April 15, 2020
WQMP
Yes
No
(d)
New or redevelopment projects that create and/or replace 2,500 square feet or more of X
❑
impervious surface (collectively over the entire project site), and discharging directly to an Environmentally Sensitive Area (ESA). "Discharging directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).
Note: ESAs are areas that include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Board and San Diego Water Board; State Water Quality Protected Areas; water bodies designated with the RARE beneficial use by the State Water Board and San Diego Water Board; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees.
See BMP Design Manual Chapter 1.4.2 for additional guidance.
Yes
No
(e)
New development projects, or redevelopment projects that create and/or replace 5,000 ❑
X
square feet or more of impervious surface, that support one or more of the following uses:
(i) Automotive repair shops. This category is defined as a facility that is categorized in any one of the following SIC codes: 5013, 5014, 5541, 7532-7534, or 7536- 7539.
(ii) Retail gasoline outlets (RGOs). This category includes RGOs that meet the following criteria: (a) 5,000 square feet or more or (b) a projected Average Daily Traffic (ADT) of 100 or more vehicles per day.
Yes
No
(f)
New or redevelopment projects that result in the disturbance of one or more acres of land ❑
X
and are expected to generate pollutants post construction.
Note: See BMP Design Manual Chapter 1.4.2 for additional guidance.
Does the project meet the definition of one or more of the Priority Development Project categories (a) through (f) listed above?
❑ No — the project is not a Priority Development Project (Standard Project).
X Yes — the project is a Priority Development Project (PDP).
Further guidance may be found in Chapter 1 and Table 1-2 of the BMP Design Manual.
The following is for redevelopment PDPs only:
The area of existing (pre -project) impervious area at the project site is: 7,189 ft2 (A) The total proposed newly created or replaced impervious area is 7,241 ft2 (B) Percent impervious surface created or replaced (B/A)*100: 100 % The percent impervious surface created or replaced is (select one based on the above calculation):
❑ less than or equal to fifty percent (50%) — only newly created or replaced impervious areas are considered a PDP and subject to stormwater requirements OR
X greater than fifty percent (50%) — the entire project site is considered a PDP and subject to stormwater requirements
Template Date: April 15, 2020 Preparation Date: December 10, 2020
J:
WQM P
Step 3.1: Water Quality Management Plan requirements
Step
Answer
Progression
Is the project a Standard Project,
❑ Standard
Standard Project requirements apply, STOP,
Priority Development Project (PDP), or
Project
you have satisfied stormwater
exemption to PDP definitions?
requirements.
To answer this item, complete Step 3
❑ PDP
Standard and PDP requirements apply.
Project Type Determination Checklist,
Complete Exhibit A "PDP
and see PDP exemption information
below.
For further guidance, see Chapter 1.4
Requirements."
http://temeculaca.gov/wgmpa2
of the BMP Design Manual in its
entirety.
X PDP
Exemption
Go to Step 3.2 below.
Step 3.2: Exemption to PDP definitions
Is the project exempt from PDP definitions based on either of the following:
If so:
X Projects that are only new or retrofit paved sidewalks, bicycle Standard Project
lanes, or trails that meet the following criteria:
requirements apply, AND
(i) Designed and constructed to direct stormwater runoff to any additional requirements
adjacent vegetated areas, or other non -erodible permeable specific to the type of
areas; OR
ii Designed and constructed to be hydraulically disconnected rL City concurrence
from paved streets or roads ri.e., runoff from the new
with the exemption is
improvement does not drain directly onto paved streets or required. Provide
roads L OR
discussion and list any
(iii) Designed and constructed with permeable pavements or additional requirements
surfaces in accordance with City of Temecula Guidance on below in this form.
Green Infrastructure;
STOP, you have
satisfied stormwater
requirements.
❑ Projects that are only retrofitting or redeveloping existing paved Complete Exhibit A
alleys, streets or roads that are designed and constructed in "PDP Requirements."
accordance with the City of Temecula Guidance on Green
Select Green Streets
Infrastructure.
Exemptions where
applicable.
Discussion / justification, and additional requirements for exceptions to PDP definitions, if applicable:
Preparation Date: December 10, 2020 Template Date: April 15, 2020
Appendix H
Noise Calculations
ESA
Project: St. Gertrudis Creek Trail
Construction Noise Impact on Sensitive Receptors
Parameters
Construction Hours: 8 Daytime hours (7 am to 7 pm)
0 Evening hours (7 pm to 10 pm)
0 Nighttime hours (10 pm to 7 am)
Leq to L70 factor 3
Residential (West)
Construction Phase
Equipment Type
No. of
Equip.
Reference
Noise Level at
50ft, Lmax
Acoustical
Usage Factor
Distance
(ft)
Lmax
Leq
Estimated
Noise
Shielding,
dBA
Demolition
80 75
Concrete Saw
Rubber Tired Dozers
Tractor/Loader/Backhoe
1 1
2 90
82 84
20%
40%
40%
200
200
200
78 70
75 71
66 71
0 0
0 Grading
1 80
75 Concrete Saw
Rubber Tired Dozers
Tractor/Loader/Backhoe
1 1
2 90
82 84
20 %
40%
40%
200
200
200
78 70
75 71
66 71
0 0
0 Construction - Trail and Wall
76 72
Cranes
Forklift
Tractor/Loader/Backhoe
1 2
2 81
75 84
16%
10%
40%
200
200
200
69 66
75 61
56 71
0 0
0 Striping
66 63
Air Compressor
1 78
50 %
200
66 63
0 (Maximum Noise Level
Source for Ref. Noise Levels: FHWA RCNM, 2006
74.6 City of Temecula
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951) 694-6400 • Fax (951) 694-6477 • www.cityoftemecula.org April 12, 2022
Ms. Rosemarie M. Anderson
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Mitigated Negative Declaration (SCH# 2022020289) for the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road
Dear Ms. Anderson:
Enclosed is the Notice of Determination for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $2,598.00 for the County Administrative fee to enable the City to file the Notice of Determination for a Mitigated Negative Declaration. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee.
Please return a stamped copy of the Notice of Determination within five working days after the 30 day posting in the enclosed self-addressed stamped envelope.
Should you have any questions regarding this matter, please contact Luke Watson at (951) 694- 6444.
Sincerely,
Luke Watson
Director of Community Development
Enclosures: Check
Copies of this letter (3)
Self-addressed stamped envelopes (2)
City of Temecula
Community Development
Planning Division Notice of Determination
TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
SUBJECT: Filing of a Notice of Determination in compliance with the provisions of Section 21152 of the Public Resources Code
State Clearinghouse No.: 2022020289
Project Title: Mitigated Negative Declaration (SCH#2022020289) for Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road
Project Location: Santa Gertrudis Creek at Margarita Road, City of Temecula, County of Riverside
Project Description: The Proposed Project would construct a bicycle/multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing would improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The Proposed Project consists of a total of approximately 610 feet of a shared bicycle/trail undercrossing, which would begin where the existing grade of the Santa Gertrudis Creek Trail ramps begin to elevate to meet the grade of the overcrossing of Margarita Road at the east and west sides. The Project would include the removal of existing pavements and soils to bring the proposed Santa Gertrudis Creek Trail to five percent grade, utility improvements, and the construction of the Santa Gertrudis Creek Trail in a new location beneath Margarita Road.
Lead Agency: City of Temecula, County of Riverside
Contact Person: Luke Watson Telephone Number: (951) 694-6444 This is to advise you that the City Council of the has approved the above described project on April 12, 2022 and has made the following determinations regarding this project:
1. The project will not have a significant effect on the environment.
2. That a Mitigated Negative Declaration (MND) was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures were made a condition of the approval of the project.
4. A Mitigation Monitoring or Reporting Program/Measures was adopted for this project.
5. A Statement of Overriding Consideration was not adopted for this project.
6. Findings were made pursuant to the provisions of CEQA.
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@80114F18\@[email protected] RAFORMS\CEQA.DEM 3/30/22 klb
This is to certify that the Negative Declaration with comments, responses, and record of project approval is available to the General Public at the City of Temecula, 41000 Main Street, Temecula, California, 92590.
Signature:
Luke Watson
Director of Community Development
Date received for filing at the County Clerk and Recorders Office:
Date:
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@80114F18\@[email protected] R:\FORMS\CEQA.DEM 3/30/22 klb
f
`l
Ak
Q
The Heart or Scu[hern a, Iurni6
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
SANTA GERTRUDIS CREEK PHASE II - MARGARITA UNDER -CROSSING Infrastructure Project
Project Description: This project includes the design, environmental, and construction of the under -crossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along the Santa Gertrudis Creek at this location.
Benefit: The project provides a safe pedestrian and bicycle trail connection for the community.
Core Value: Transportation Mobility and Connectivity
Project Status: Project is anticipated to be completed in Fiscal Year 2021-22.
Department: Public Works - Account No. 210.265.999.732 / PW19-04 Level: I
Project Cost:
Prior Years
Actuals
2021-22
2020-21 Proposed 2022-23 2023-24 2024-25 2025-26
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
17,556
142,445 144,000
304,000
Construction
1,631,179
1,631,179
Construction Engineering
200,000
200,000
Design & Environmental
633,964
633,964
Land Acquisition
21,500
21,500
MSHCP
81,559
81,559
Total Expenditures
17,556
797,909 2,056,738
2,872,202
Source of Funds:
Measure S
Senate Bill 1
50,000
765,464 554,738
1,502,000
1,370,202
1,502,000
Total Funding
50,000
765,464 2,056,738 -
2,872,202
Future Operating & Maintenance Costs:
Total Operating Costs
Notes :
1. California Transportation Commission (CTC) adopted the 2019 Active Transportation Program Augmentation on January 30 - 31, 2019. 138
Item No. 19
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: April 12, 2022
SUBJECT: Approve the Minor Construction Services Agreement with American Ramp Company, Inc. for the construction of the Infill Mini Pump Track at Wolf Creek Park, PW21-05
PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Senior Civil Engineer
RECOMMENDATION: That the City Council:
1. Approve the Minor Construction Services Agreement with American Ramp Company, Inc. in the amount of $60,000, for construction of the Infill Mini Pump Track at Wolf Creek Park, PW21-05; and
2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15304, Class 4, Minor Alternations to Land, of the CEQA Guidelines.
BACKGROUND: As part of the Bike Lane and Trail Program — Infill Mini Pump Track infrastructure project, staff reviewed various pump track designs and evaluated existing City parks for implementation. With support from the Parks, Recreation and Community Services Subcommittee (July 27, 2021), the Community Services Commission (August 9, 2021), and the Temecula Community Services District (August 24, 2021), the City approved Wolf Creek Park as a location for a new mini pump track.
The project will consist of the construction of a new Mini Pump Track at Wolf Creek Park. It is thoughtfully designed to accommodate beginner and intermediate skill levels on a track layout which will differ in shape and feel from the pump tracks at Ronald Reagan Sports Park and Long Canyon Creek Park. The total area of the project footprint is approximately 6,900 square feet, which includes an asphalt riding surface of 2,700 square feet along a track length of 261 feet. The project will fill in an existing turf area which is bound by existing park sidewalks.
This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15304, Minor Alternations to Land, of the CEQA Guidelines. On February
10, 2022, the City filed the project's Notice of Exemption with the County of Riverside, County Clerk and Recorders Office, in compliance with the provisions of Section 21152 of the Public Resources Code.
The contract cost is $60,000 and allows for 15 working days (3 weeks) for construction.
FISCAL IMPACT: The Bike Lane and Trail Program — Infill Mini Pump Track is identified in the City's Capital Improvement Program Budget for Fiscal Years 2022-26, funded by Measure S. There are sufficient funds in the project account to cover the cost of the agreement.
ATTACHMENTS: 1. Agreement
2. Project Description
3. Project Location
AGREEMENT FOR MINOR CONSTRUCTION SERVICES BETWEEN
CITY OF TEMECULA AND AMERICAN RAMP COMPANY
INFILL MINI PUMP TRACK AT WOLF CREEK PARK, PW 21-05
THIS AGREEMENT is made and effective as of APRIL 12, 2022 between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), AMERICAN RAMP COMPANY, INC., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on APRIL 12, 2022 and shall remain and continue in effect until tasks described herein are completed, but in no event later than APRIL 12, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
2. SCOPE OF WORK
Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work.
The Work shall be completed on or before 15 workings days from the notice to proceed date.
Contractor shall not commence the Work until such time as directed in writing by the City.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the scope of work, payment rates and schedule of payment are null and void. This amount shall not exceed Sixty Thousand Dollars and Zero Cents ($60,000.00).
b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.
4. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
8. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide
proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html
9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.
10. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
11. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, and volunteers (hereinafter "indemnified parties") from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the indemnified parties may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the indemnified parties.
12. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: Two Million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The indemnified parties are to be covered as insured's, as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the indemnified parties. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the indemnified parties. Any insurance or self - insured maintained by the indemnified parties shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the indemnified parties.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.
13. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
14. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
15. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
16. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
17. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the Director of Public Works stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
21. CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by
mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Agreement hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any sub -contractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition od "claim" as individually defined herein.
22. INSPECTION
The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. Inspection of the work shall not relieve the Contractor of the obligation to fulfill all obligations under this Agreement.
23. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.
24. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
ATTN: City Manager
41000 Main Street
Temecula, CA 92590
To Contractor: American Ramp Company
ATTN: Josh Willis
601 McKinley Ave
Joplin, Missouri 64801
25. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
26. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
27. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
28. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
29. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
Prior to the commencement of the Work, Contractor shall provide the City with a Labor and Materials Bond in form of Exhibit C and a Performance Bond in the form of Exhibit D. Each bond should be in the amount of the cost of the Work as described in Paragraph 3. Exhibits C and D are attached hereto and incorporated herein by this reference as though set forth in full.
30. LABOR AND MATERIAL BONDS
Within ten (10) business days from the City Manager approval of this Agreement, Contractor shall provide the City with a Labor and Materials Bond to secure payment to any contractor, sub -contractor persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Agreement. The bond shall be in substantially the form attached as Exhibit C, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
31. PERFORMANCE BOND
Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City in Exhibit D. No payment will be made to Contractor until it has been received and approved by the City.
32. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non - substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination
33. REQUIREMENT TO MITIGATE THE SPREAD OF COVID-19.
The Contractor and all subcontractors for the Work shall comply with all applicable Federal, State, Riverside County, and City of Temecula statutes, regulations, orders, and ordinances. This requirement specifically includes, without limitation, compliance with the "Safety and Health Guidance COVID-19 Infection Prevention in Construction" issued by the California Department of Industrial Relations, Division of Occupational Safety and Health and Safety on July 20, 2020 and as may be amended from time to time by the Department, relating to mitigating the transmission of COVID-19 on the project site and mitigating the transmission of COVID-19 by employees or workers of Contractor and its subcontractors in their contacts with City employees and consultants. Prior to the pre -construction meeting, the Contractor shall submit to the City a "COVID-19 Mitigation Program" implementing these requirements and shall post the COVID-19 Mitigation Program on the project site in a manner designated by the City's Project Manager. The failure of employees or workers of the Contractor and all subcontractors on the Work to comply with these requirements shall be a default per Paragraph 10 of this Agreement. Contractor acknowledges that, in the event that the City Engineer suspends the Work as a result of such failure by Contractor or one of its subcontractors to comply with these requirements, City is not responsible for the delay, and the Contractor is not entitled to compensation for such delay. The Contractor shall also pay to the City the costs and expenses incurred by the City resulting from the failure of employees of the Contractor and all subcontractors on the Work to comply with these requirements including, but not limited to, the salaries and benefits for City employees who are unable to work, and workers compensation benefits and expenses. Delays in the Work resulting
from Contractor's or its subcontractor's failure to comply with these regulations shall not be considered an unforeseen event entitling Contractor to an extension of time or payment for delay. ift
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
Matt Rahn, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
American Ramp Company, Inc.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
Nathan Bemo, res' ent
By:
By:
Peter M. Thorson, City Attorney CONTRACTOR
American Ramp Company, Inc
Attn: Josh Willis
601 McKinley Ave
Joplin, MO 64801
PH:800-949-2024 x107
Email: josh americanram com an
City Purchasing Mgr.
Initials and Date:
3/22/2022
W
EXHIBIT "A"
SCOPE OF WORK
The Contractor shall construct a Mini Pump Track at the Wolf Creek Park (Park) located at 45850 Wolf Creek Dr. North, Temecula, CA 92592 with the approximate dimensions and configuration as shown in the attached Site Map and Design Plan. The riding surface will have a structural section comprised of a minimum 3" thick AC (Asphalt Concrete), on top of minimum 4" Class 2 aggregate base subgrade compacted to 95%. Existing native material excavated from the site will be used for slope landscape grading. The track shall be constructed towards the northwesterly corner of the Park, adjacent to gazebo structures, within a pre -graded pad excavated 3' below existing sidewalk grade and filled with Class 2 aggregate base subgrade. The track is generally bordered by sidewalk on all sides.
A formal SWPPP (Stormwater Pollution Protection Plan) is not required for this project. However, Contractor shall implement BMP's (Best Management Practices) for the purposes of ensuring pollutants and silts do not leave the site and that concentrated stormwater flows do not cause erosion during construction. This includes but is not limited to perimeter control, stabilized construction entrance, and controlling fluids from construction equipment. BMP's may include silt fence, gravel/sand bags, fiber roll, inlet protections, stock pile protections, and other measures as approved by the City.
The Contractor shall also be responsible for constructing an ADA compliant path of travel to the Mini Pump Track from the existing sidewalk directly adjacent project site. The ADA path of travel shall be constructed of either PCC (Portland Cement Concrete) or AC (Asphalt Concrete). If Contractor chooses PCC it shall be a minimum 4" thick 560-C-3250 PCC section on top of 95% compacted native or import material. PCC shall match color and finish of existing, adjacent sidewalk. If Contractor chooses AC it shall be a minimum of 3" AC, over minimum 4" of compacted Class 2 aggregate base, over 95% compacted native or import material. Contractor shall not be required to make any improvements to the existing sidewalk unless their operations damage the sidewalk, in which case they will replace any damaged sidewalk in kind.
Asphalt Concrete Pavement (A.C.) materials shall conform to Section 203-6, Asphalt Concrete, of the "Greenbook" and asphalt concrete shall be Type D PG-64-10 or as approved by the Engineer.
When asphalt pavement is to be placed directly on subgrade material, the uppermost 12" of subgrade material shall be scarified, moisture conditioned per Section 301-1.2, Preparation of Subgrade, of the "Greenbook" and compacted to achieve a minimum 95% relative compaction per ASTM D-1557.
Construction shall be in accordance with Section 302-5, Asphalt Concrete Pavement, of the 2018 "Greenbook", and this Contract
302-5.3 Prime Coat.
[Replace with the following]
A prime coat will not be required for this project.
302-5.5 Distribution and Spreading.
[Add the following]:
All final lifts shall be 1'/" thick unless otherwise approved by the Engineer. Where new asphalt pavement is being constructed adjacent to an overlay, the final lift of the new pavement and the overlay shall be placed concurrently.
A-1
Due to the nature of the project, it may be infeasible to place asphalt using a self-propelled spreading and finishing equipment. As approved by the Engineer, the contractor may place asphalt by hand or other means necessary to achieve the configuration shown on the plans.
Asphalt may be reheated in situ to blend asphalt into prior days installation and as needed to achieve the lines and grades shown on the plans. Asphalt delivered on a prior day but not installed shall not be incorporated into the work.
All paving machines, rollers and Automatic Screed Control equipment including size, number and type, and other asphalt placing equipment are subject to the approval of the Engineer. 302-5.6 Rolling
302-5.6.1 General
[Add the following]
Due to the nature of the project, in lieu of rolling, the contractor may compact asphalt by Plate Compactor, by hand, or by other means as approved by the Engineer. 302-5.6 2 Density and Smoothness
[Delete the first paragraph]
No deviations or depressions ("birdbaths") greater than 1/8 of an inch in six feet shall be accepted.
Portland Cement Concrete materials shall conform Section 303-5, Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways, of the Greenbook, and this Contract, and pursuant to the details shown on the latest edition of City Improvement Standard Drawings for sidewalk and curb Standard No. 401. Prior to pouring concrete for sidewalk, the existing subgrade material shall be moisture conditioned and compacted to achieve a minimum 95% relative compaction pursuant to ASTM D-1557.
The Contractor and City may mutually agree to make modifications to the configuration of the track to better fit field conditions, improve rideability, or address other issues. However, under no circumstances shall the total impervious area (including the ADA path of travel) exceed 5,000 square feet or the total cost of the contract exceed $60,000.00.
With the exception of materials or other items specifically identified to be provided by the City, the Contractor shall provide all labor, materials, tools, equipment, and all other items or manpower necessary to complete the work. All work shall be compliant with all relevant standards and applicable laws complete, in place, and ready for its intended use and purpose.
PREPARATORY WORK
In advance of construction, the Contractor agrees:
1. To provide dimensions of the pad to be graded.
2. To provide a drainage plan for the track.
In advance of construction, the City agrees:
1. To provide approximately 400 cubic yards Class 2 aggregate base material for Contractor's use in constructing the project (material data sheet attached).
2. To clear and grub turf, excavate the track pad 3' below existing grade, and fill with 400 cubic yards of Class 2 aggregate base described in Item 1 above. Excavated native material will be stockpiled for the Contractor to use for finish slope grading after paving is complete.
A-2
3. To provide a point of connection of the existing park drainage system to interior locations of the track per the drainage plan provided by the Contractor.
A-3
f Wolf Creek Park Infill Mini Pump Track (Site Map)
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Proposed)
Track
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A-4
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45850 Wulf Crttk Dr.
North
Temrcula, CA 9?592
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Legend:
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Pump TraON
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COnnecoons
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Access Palo
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_ Specification: 0
Total Area: 6,697 sq ft -,.If-
Alpha@ Surfice: 2,704 sq It
Green Area: 4,863 sq It Q E
a
Pump Track Length: 261 tl
Kid. Tract Length:0 It -
U
Safety line Length (Total): 155 ft
U
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DESIGN PLAN
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A-5
ALL AMERICAN ASPHALT
-- ALL AMERICAN AGGREGATES
400 E Sixth Street, P.O. BOX 2229, CORONA, CA 92675-2229 S rATE CONTRACTORS LICENSE 8267073•A
10/ 15/2021 Quote 4 : 6708917
City of Temecula
Re: Certificate of Compliance/Aggregate Base
Business Park Drive
Please accept this letter as our Certificate of Compliance for Aggregate Base in accordance with The Standard Specifications for Public Works Construction Section 200-
2.4; CMB Fine.
Sieve Size % Passine CMB Fine
1"
100
100
'/4"
95 90 - 100
%'
81 -
3/8"
69 55 - 75
#4
44 35 - 60
#8
34 #30
18 10 - 30
#200
6 2 - 9
R-Value
81 78 Min
S.E.
65 35 Min
Durability Index
47 35 Min
Maximum Density 127.3 PCF @ 8.5% Moisture
The Aggregate Base is 100% Recycled and will be shipped from our Corona Facility.
Should any further assistance be needed please call at any time.
Sincerely,
Robert S. Schwartz
Technical Services Manager
All American Asphalt
A-6
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
Material quantities in cost estimate is for estimating purposes only. Total fee shall be a cost not to exceed of $60,000.00 paid on a monthly basis based on the percentage of the project completed each month. A 5% retention will be held on each monthly progress payment. e-1
601 McKinley
Joplin, MO 64801
Local 417-206-6816
Fax 417-206-6888
[email protected]
WWW.AMERICAN RAM PCOM PANY.COM
Wolf Creek Park - Mini Pumptrack - Schedule of Values
Description: Mini Pumptrack Unit Qty
Drainage and Roughing SF 6,896
Base Grading (and compaction) SF 4,236
Fine Grading (sculpting and contouring compaction) SF 4,236 Asphalt Contouring, (shaping and compaction) SF 3,389
Description: Materials & Lodging
Unit
Qty
Asphalt
Tons
53 Aggregate Base Material
CY
400
Accommodations
Days
12 Description
Unit
Qty
Conceptual Design Package
EA
1 Machinery
Weeks
1 Construction Documents (internal Light Set Only)
EA
General Conditions
EA
Mobilization
Total $ 60,000
*Pipes need to be ready and stubbed out before our arrival. *Aggregate base material needs approved & delivered to site before arrival. *Aggregate base material quantities are estimates. City responsible for extra if needed. *Reflects discounted pricing particular to the Wolf Creek project only.
EXHIBIT "C"
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO.
LABOR AND MATERIALS BOND
for
INFILL MINI PUMP TRACK AT WOLF CREEK PARK
PROJECT NO. PW21-05
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS, the City of Temecula has awarded to:
American Ramp Company
ATTN: Josh Willis
601 McKinley Ave
Joplin, Missouri 64801
Hereinafter called "Contractor," a contract for the work described as follows:
INFILL MINI PUMP TRACK AT WOLF CREEK PARK, PROJECT NO. PW 21-05, hereinafter called "Contract," and
WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and
NAME AND ADDRESS OF SURETY
duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Section 9100 of the Civil Code, in the penal sum of sixty thousand dollars ($60,000.00) lawful money of the United States, said sum being not less than one hundred (100%) of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Section 13020 of the Unemployment Insurance Code, with respect to such work or labor, as required by Section 9550 et. seq. of the Civil Code, and provided that the claimant shall have compiled with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
C-1
As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20_
(Seal)
SURETY
PRINCIPAL
0 (Name) (Name)
(Title) (Title)
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
In
(Name)
(Title)
Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures c-2
EXHIBIT "D"
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO.
PERFORMANCE BOND
for
INFILL MINI PUMP TRACK AT WOLF CREEK PARK
PROJECT NO. PW21-05
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS, the City of Temecula, State of California, entered into a contract on this 16T" day of March 2022, hereinafter called "Contract," with:
American Ramp Company
ATTN: Josh Willis
601 McKinley Ave
Joplin, Missouri 64801
Hereinafter called "Principal," for the work described as follows:
INFILL MINI PUMP TRACK AT WOLF CREEK PARK, PROJECT NO. PW 21-05, and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract.
NOW, THEREFORE, WE, the Principal, and
NAME AND ADDRESS OF SURETY
duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula in the penal sum of sixty thousand dollars ($60,000.00), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees 95 incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20_
(Seal)
SURETY
la
PRINCIPAL
M
(Name) (Name)
(Title) (Title)
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
In
(Name)
(Title)
Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures WA
EXHIBIT "E"
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CAL/OSHA COVID-19 INFECTION PREVENTION IN CONSTRUCTION
for
INFILL MINI PUMP TRACK AT WOLF CREEK PARK
PROJECT NO. PW21-05
E-1
STAYS QF CALIFQpN1A
CSNA
➢{PARiMENT OF I N UUSTPIAL FEIAYlQNS
SAFETY AND HEALTH GUIDANCE
COVID-19 Infection Prevention in Construction
October 27, 2020
California employers are required to establish
and implement an Injury and Illness Prevention
Program (IIPP) to protect employees from all
worksite hazards, including infectious diseases.
This guidance does not impose any new legal
obligations. It contains information for construction
employers on ways to update their IIPPs to include
information on employee training and preventing
the spread of coronavirus (SARS-CoV-2), the virus
that causes COVID-19, at construction sites. This
is mandatory in most California workplaces since
COVID-19 is widespread in the community.
Train Employees on COVID-19
Provide training in a form that is readily
understandable by all employees on the following
topics:
• Information related to COVID-19 from the
Centers for Disease Control and Prevention
(CDC) — check for updates frequently —
including:
• What COVID-19 is and how it is spread.
• Preventing the spread of COVID-19 if you
are sick.
Symptoms of COVID-19 and when to
seek medical attention.
How an infected person can spread COVID-
19 to others even when they don't feel sick.
• California's COVID-19 Industry Guidance for
Construction.
• The importance of frequent hand -washing with
soap and water (or using hand sanitizer as a
last resort where employees cannot feasibly get
to a sink or hand -washing station), including:
Following CDC guidelines to scrub for at
least 20 seconds.
• When employees arrive at work and before
they leave work.
• Before and after eating or using the toilet.
• After close interaction with other persons.
After contacting shared surfaces,
equipment or tools.
• Before and after wearing masks or gloves.
• After blowing nose or sneezing.
NOTE: Hand sanitizers must have at least 60%
ethyl alcohol. They are less effective than hand -
washing in preventing the spread of COVID-19
but can be used as an interim measure if a hand -
washing station is not immediately available.
• Maintaining more than six feet of separation
with others and eliminating close contact with
others (see Physical Distancing information on
next page).
• Methods to avoid touching eyes, nose and
mouth.
• The mandatory use of cloth face coverings,
as required by the California Department of
Public Health (CDPH) guidelines, including:
Cloth face coverings are not personal
protective equipment (PPE) and do not
protect the person wearing the face
covering.
CDC has issued guidelines that everyone
should use cloth face coverings when
around other persons.
(Continued on next page)
Cloth face coverings can help protect
people near the wearer, but do not replace
the need for physical distancing and
frequent hand -washing.
Employees should wash or sanitize hands
before and after using or adjusting face
coverings.
Face coverings should be washed after
each shift and should be discarded if they
no longer cover the nose and mouth, have
stretched out or damaged ties or straps,
cannot stay on the face, or have holes or
tears.
The employer is responsible for providing
and ensuring employees use face covers at
work.
Coughing and sneezing etiquette, including
covering a cough or sneeze with a tissue or a
sleeve instead of a hand.
• Safely using cleaners and disinfectants,
which includes:
Carefully following label directions
The hazards of the cleaners and
disinfectants used at the worksite.
• Ventilation requirements.
• Wearing personal protective equipment
(such as gloves).
o Ensuring cleaners and disinfectants are
used in a manner that does not endanger
employees.
The importance of not coming to work if they
have symptoms of COVID-19 as described
by the CDC, such as a fever or chills, cough,
shortness of breath or difficulty breathing,
fatigue, muscle or body aches, headache, new
loss of taste or smell, sore throat, congestion
or runny nose, nausea, vomiting, or diarrhea
or if they live with or have had close contact
with someone who has been diagnosed with
COVID-19.
To seek medical attention if the symptoms
become severe, including persistent pain or
pressure in the chest, confusion, or bluish
lips or face. Updates and further details are
available on CDC's webpage.
Use repeated safety stand -downs or toolbox/
tailgates — while maintaining physical
distancing — to re-emphasize the training.
Designate a site -specific COVID-19 officer
at every job site to observe and ensure site
workers are implementing what they have been
trained to do.
Information on employer or government -
sponsored leave benefits the employee
may be entitled to receive that would make
it financially easier to stay at home. See
additional information on government
programs supporting sick leave and
workers' compensation for COVID-19,
including employees' sick leave rights under
the Families First Coronavirus Response
Act, and employees' rights to workers'
compensation benefits and presumption of the
work -relatedness of COVID-19 pursuant to the
Governor's Executive Order N-62-20 while
that Order is in effect. Some cities and counties
also require employers to provide sick leave
benefits to employees.
Increase Cleaning and
Disinfection
Establish and implement the following procedures
to help prevent the spread of COVID-19:
• Make hand -washing stations more readily
available and encourage their use.
Employers should change productivity
expectations to allow extra time for employees
to wash their hands thoroughly and frequently.
Establish procedures to routinely clean and
disinfect commonly touched surfaces and
objects (e.g., door handles, steering wheels,
touch screens, mobile equipment controls,
carts, shared power tools) throughout the
workday, including:
Using disinfectants that are EPA -approved
for use against the virus that causes
COVID- 19.
o Providing EPA -registered disposable wipes
for employees to wipe down commonly
used surfaces before and after use.
Following the manufacturer's instructions for
all cleaning and disinfection products (e.g.,
safety requirements, protective equipment,
proper dilution, contact time).
Following safe work practices such as
never mixing products together and using
adequate ventilation.
(Continued on next page)
Cleaning visibly dirty surfaces first before
disinfection. Disinfectants are less effective
if used on soiled surfaces.
Ensuring there are adequate supplies to
support cleaning and disinfection practices,
including cleaning products and tools
and chemical resistant gloves. Make sure
disinfectants are available to workers
throughout the worksite.
Cleaning and disinfecting vehicles between
shifts and between workers.
Increase Physical Distancing
When used with face covers, physical distancing,
also referred to as social distancing, is an infection
control measure that can stop or slow down the
spread of an infectious disease by limiting contact
between people. Use the following distancing
measures:
• Practice physical distancing at all times,
including during work, breaks and in vehicles.
• Plan for office staff to have the ability to work
from home.
• Stagger break and lunch times and spread
out where employees spend their breaks by
providing additional seating and shade areas.
• Limit crew size by staggering or increasing the
number of work shifts.
• Maintain separation of six feet or more during
work:
• Limit the number of employees gathered
at the start of a shift, in break areas or
during trainings and other meetings to allow
employees to spread out.
• Limit the number of personnel riding
construction passenger elevators at one
time.
• Ensure employees allow for at least 6 feet
of clearance between each other when
lining up for the lunch truck and restrooms.
• Hold meetings electronically rather than in
person whenever possible.
• Perform job interviews and orientations over
the phone or using video conferencing.
• Identify choke points where workers are
forced to stand together (e.g. hallways,
hoists, buses) and control them.
Provide additional seating and shade
structures.
If employees are dispatched from a hiring hall,
encourage the hiring hall to implement physical
distancing measures, such as using additional
locations for dispatch.
• Limit interaction with other contractors.
o Where possible, limit the number of trades
in the same area at the same time.
Maintain distance during interactions and
deliveries.
Encourage employees to avoid large gatherings
and practice physical distancing during non -
work hours.
• Create specific instructions for deliveries to
your worksites.
Establish a drop-off location and all the
procedures to be used at the drop-off point.
• Create signage to easily identify drop-off
points. Include contact information on the
signs to assist with questions leading up to
delivery and upon arrival.
• Create procedures to disinfect deliveries,
such as wiping down boxes and delivered
items.
• Provide alternative methods to reduce the
spread of infection when physical distancing
is not possible. Engineering controls such as
physical barriers between workers and face
coverings can help reduce community spread
of the virus.
In addition to physical distancing, provide
face coverings or ensure employees use their
own face coverings. Ensure they are used in
accordance with CDPH and CDC guidelines.
At this time, health experts do not
recommend the use of respirators by
the general public for protection against
COVID-1 9. However, employers must provide
them to workers in the construction industry
when needed to protect against other
respiratory hazards.
(Continued on next page)
Ensure Good Hygiene Practices
Ensure toilets and hand -washing facilities are
readily accessible to all employees at all times
Employers should adjust productivity expectations
to allow extra time for employees to thoroughly and
frequently wash their hands.
• Restrooms must be clean and sanitary.
• Hand -washing facilities must be located at or
near the restrooms.
• Soap or other suitable cleansing agent and
single -use towels must be provided.
• Additional hand -washing supplies should be
placed as close to work areas and break areas
as possible to allow for frequent hand -washing
• Encourage more frequent hand -washing.
• Encourage more thorough hand -washing.
Hands should be washed with soap and water
for at least 20 seconds.
• For delivery drivers, normally accessible
restrooms on routes (e.g., restaurants, coffee
shops) may be closed. Employers should
provide employees alternative restroom
locations and allow time for employees to use
them.
• If employees have limited access to hand -
washing or hand sanitizing, employees as a
last resort can use disposable gloves to limit
hand contact with potentially contaminated
surfaces. Employers should encourage
employees to change gloves frequently and
before touching their face, smoking, eating
or using the restroom. In addition, provide an
adequate supply of gloves and make them
readily available. Employees should wash
or sanitize hands as soon as possible after
removing gloves.
• Provide hand sanitizer throughout worksites
and to delivery drivers for times when access to
soap and water may be limited.
• If respirators and other PPE are worn to protect
against other hazards at work, hands should be
washed before putting on PPE and after taking
it off. Reusable PPE should be cleaned and
sanitized per manufacturers' instructions.
Implement Safe Work Practices
• Limit the sharing of tools as much as possible.
If tools must be shared try to group them to be
used by people who reside together or travel to
work together. Shared tools must be sanitized
between users.
• If fans or other means of ventilation are used
on the job, place them to avoid blowing air from
one worker or group of workers to another.
Encourage workers to drive to worksites or
parking areas by themselves. They should
avoid having passengers or carpooling together
unless they are already sheltering in place
together. If carpooling cannot be avoided riders
should sit as far apart as possible, wear face
coverings and wash hands after the trip.
• Discourage shaking hands.
• Discourage the sharing of food and water.
Provide single use bottles rather than using
shared water stations or dispensers.
What to do with Workers Who
Might Be Sick with COVID-19
• Immediately send employees with COVID-19
symptoms home or to medical care as needed.
• Actively encourage sick employees to stay
home.
• Ensure employees who received a COVID-19
diagnosis return to work only after meeting the
criteria in the CDPH Guidance on Returning
to Work or School Following COVID-19
Diagnosis.
• Ensure employees who return to work following
an illness promptly report any recurrence of
symptoms.
• Employees who are well but who have a
sick family member at home with COVID-19
should notify their supervisor and follow CDC -
recommended precautions.
(Continued on next page)
Encourage sick workers to stay home by
implementing work policies that do not penalize
workers for missing work because they have
been diagnosed with COVID-19. Consider paid
sick leave benefits to help prevent the spread
among workers who might otherwise work
out of economic necessity. Educate eligible
employees on other benefits they can access
if symptoms, illness or caring for an ill family
member prevents them from working.
The Families First Coronavirus Response
Act requires certain employers to provide
employees with paid sick leave or expanded
family and medical leave for specified reasons
related to COVID-19. Certain counties and
cities also require employers to provide sick
leave benefits to workers.
• If someone goes home because they are
sick, the area where the person worked and
the tools and equipment they used should be
disinfected prior to use by others.
Establish procedures to notify local health
officials upon learning that someone has a
COVID-19 infection. These officials will help
employers determine a course of action.
Employers can implement health screening
programs to ensure that employees showing
up to work are healthy. Employers may choose
to prohibit employees with a high temperature
(100.4 degrees F or higher) from entering the
worksite. Train employees on self -screening
before they come to work. If conducting
workplace screening, provide employees
performing screening with appropriate personal
protective equipment. In light of personal
protective equipment shortages, use gloves,
eye protection and a face covering. Have
screened employees wear a face covering
or cover their nose and mouth with cloth or
other material during screening. Use touchless
thermometers. Ensure screeners maximize
their distance from the employee being
screened.
(Continued on next page)
Additional COVID-19 Resources for Construction
• California Coronavirus (COVID-19) Response
• California Coronavirus (COVID-19) Response. COVID-19 Industry Guidance: Construction • California Division of Occupational Safety and Health. Cal/OSHA Interim Guidelines for General Industry on 2019 Novel Coronavirus Disease (COVID-19)
Cal/OSHA Injury and Illness Prevention Program
• Log 300 recordkeeping requirements
• Reporting Work -Connected Injuries - Section 342
• California Department of Public Health. Asthma -Safer Cleaning and Disinfecting • California Department of Public Health. Guidance for the Use of Face Coverings • California Department of Public Health. Guidance on Returning to Work or School Following COVID-19 Diagnosis
• California Labor and Workforce Development Agency. Coronavirus 2019 (COVID-19) Resources for Employers and Workers
• Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19) Centers for Disease Control and Prevention. What Construction Workers Need to Know about COVID-19
• Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): How It Spreads • Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): Interim Guidance for Businesses and Employers
• Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): Recommendation Regarding the Use of Cloth Face Coverings
Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): Steps to help prevent the spread of COVID-19 if you are sick
• Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): Symptoms • Centers for Disease Control and Prevention. Coronavirus Disease. Discontinuation of Isolation for Persons with COVID-19 Not in Healthcare Settings (Interim Guidance) • Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): Cleaning and Disinfecting Your Facility
• Federal OSHA: COVID-19
• Federal OSHA: COVID-19 - Control and Prevention/Construction Work • Federal OSHA: Protecting Workers Who Use Cleaning Chemicals • Los Angeles County: COVID-19: What you need to know about cloth face coverings • New York Times: How to Stop Touching Your Face
• Ohio Department of Health. COVID-19 Information for Businesses and Employers: Screening Employees for COVID-19
• The Center for Construction Research and Training (CPWR): COVID-19 Resources (English), (Spanish)
• U.S. Environmental Protection Agency: Disinfectants for Use Against SARS-CoV-2 (the virus that causes COVID-19)
• U.S. Department of Labor. Families First Coronavirus Response Act: Employee Paid Leave Rights
STATE OF CALIPCRNIA
OSHA
0"'"MENT OF INCUSTHIAL FELATICNS
Guidance Revision and Updates
July 20, 2020: Added information on the use of face coverings as reflected in the June 18, CDPH Face Covering Guidance. Also added information on the government -sponsored leave benefits and Governor's Executive Order N-62-20.
October 27, 2020: Updated criteria for when to return to work after a COVID-19 diagnosis, adding reference to CDPH Guidance on Returning to Work or School Following COVID-19 Diagnosis.
f
C (
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
BIKE LANE AND TRAIL PROGRAM - INFILL MINI PUMP TRACK
Infrastructure Project
Project Description: The City opened the Ronald Reagan Sports Park Pump Track in November of 2019. The Mini Pump track was also opened in December of 2020 at the same site. The projects have mostly positive post construction feedback and a consistently high use rate. In order to bring this type of usage to other locations in the City, staff is investigating existing park sites or other City owned properties where a mini pump track or bike skills area that is similar in cost and scale to the Mini Pump Track at RRSP.
Benefit: This project supports healthy and active lifestyles by promoting recreation programs, parks, trails, and facilities. In addition, this project satisfies the City's Core Values of A Sustainable City and Transportation Mobility and Connectivity.
Core Value: A Sustainable City
Project Status: Project is estimated to be complete by Fiscal Year 2021-22.
Department: Public Works - Account No. 210.265.999.761
Level: I
2022-23
Prior Years
2021-22 Baseline 2023-24 2024-25 2025-26 2026-27
Total Project
Project Cost:
Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Administration
30,000
30,000
Construction
270,000
270,000
Total Expenditures
300,000
300 000
Source of Funds:
Measure S 300,000 300,000
Total Funding; 300,000 300,000
Future Operating & Maintenance Costs:
Total Operating Costs
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Item No. 20
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: April 12, 2022
SUBJECT: Approve Agreement Pursuant to Government Code Section 66462.5 Between City of Temecula and Woodside 05S, LP and Wingsweep Corporation Regarding Acquisition of Property Interests in Connection with Nicolas Road/Calle Girasol Improvements
PREPARED BY: Anissa Sharp, Office Specialist II
Ron Moreno, Principal Civil Engineer
RECOMMENDATION: That the City Council take the following actions:
1. Adopt a resolution entitled:
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AGREEMENT PURSUANT TO
GOVERNMENT CODE SECTION 66462.5 BETWEEN
WOODSIDE 05S, LP AND WINGSWEEP CORPORATION AND
CITY OF TEMECULA FOR ACQUISITION OF CERTAIN
PROPERTY INTERESTS (CALLE GIRASOL/NICOLAS ROAD
CONNECTION)
2. Authorize the City Manager to execute all necessary documents and take all steps necessary to effectuate the purposes of the Agreement.
BACKGROUND: The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside.
The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer
Woodside 055, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or "Development Project").
To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D to said Third Amendment. Specifically, Condition 3.A. to Exhibit D contained a specific condition of approval requiring Developer to construct certain off -site public improvements in connection with the Nicolas Road and Calle Girasol Street Improvements (Project Numbers: LD20-1114, PW20- 14) ("Nicolas/Calle Girasol Street Improvements"). Construction of these Nicolas/Calle Girasol Street Improvements involves the acquisition of certain real property interests from four parcels that are neither owned by the Developer or City (hereby referenced as "Off -site Properties") described in the Exhibits to the attached Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S LP and Wingsweep Corporation and City of Temecula for Acquisition of Certain Property Interests (Calle Girasol/Nicolas Road Connection) ("Agreement").
The property interests required from the Off -site Properties include certain temporary construction easements, rights to construct certain improvements, permanent maintenance and access easements, and a conservation easement from four parcels in connection with the Nicolas/Calle Girasol Improvements.
Pursuant to Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on off -site property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived. Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property. The City and the Developer negotiated the terms of the attached Agreement Pursuant to Government Code Section 66462.5.
The Agreement includes the following terms:
• It outlines the steps the City will follow to acquire the Off -site Properties. Under the Agreement, the City has exclusive control of the acquisition of the Off -site Properties, and the sole and exclusive discretion to adopt a resolution of necessity to authorize the acquisition of said property interests by eminent domain. • It provides that the City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off -site Properties.
• It provides that the Developer is solely rsponsible for all costs relating to the acquisition of the Off -site Properties.
• It provides that Developer will deposit $80,000 with the City. The City will deposit said sum in a Separate Fund that will be used towards the acquisition costs.
Developer is required to maintain the balance in the Separate Fund at $20,000.
• It also provides that if Devleoper independently acquires any of the Off -site Properties by negotiated purchase after an eminent domain proceeding is filed by the City, Developer will immediately notify the City. In such case, City will take steps to abandon all or any unnecessary part of the proceeding. Developer is responsible for any and all costs relating to any such abandonment, including all costs, expenses, and/or damages related thereto, including but not limited to condemnee's recoverable costs and/or recoverable attorneys' fees under Code of Civil Procedure Seciton 1268.610 et seq.
Acquisition of the specified Off -site Properties are necessary to construct the Nicolas/Calle Girasol Improvements.
FISCAL IMPACT: Woodside 055, LP, a California Limited Partnership and Wingsweep Corporation, a California Corporation are responsible for all of the City's acquisition costs pursuant to that certain Agreement Pursuant to Government Code Section 66462.5.
ATTACHMENTS: 1. Resolution
2. Acquisition Agreement
RESOLUTION NO.2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AGREEMENT PURSUANT TO
GOVERNMENT CODE SECTION 66462.5 BETWEEN
WOODSIDE 05S, LP AND WINGSWEEP CORPORATION
AND CITY OF TEMECULA FOR ACQUISITION OF
CERTAIN PROPERTY INTERESTS (CALLE
GIRASOL/NICOLAS ROAD CONNECTION)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Findings.
A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California.
B. The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside.
The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation (collectively "Developer") are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or "Development Project").
C. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D to said Third Amendment. Specifically, Condition 3.A. to Exhibit D contained a specific condition of approval requiring Developer to construct certain off -site public improvements in connection with the Nicolas Road and Calle Girasol Street Improvements (Project Numbers: LD20-1114, PW20-14) ("Nicolas/Calle Girasol Street Improvements").
D. Satisfaction of the Nicolas/Calle Girasol Street Improvements involves the acquisition of certain real property interests from four parcels that are neither owned by the Developer or City (hereby referenced as "Off -site Properties") described in the Exhibits to the attached Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S, LP and Wingsweep Corporation and City of Temecula for Acquisition of Certain Property Interests
(Calle Girasol/Nicolas Road Connection) ("Agreement"). The property interests required from the Off -site Properties include certain temporary construction easements, rights to construct certain improvements, permanent maintenance and access easements, and a conservation easement in connection with the Nicolas/Calle Girasol Improvements.
E. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on off -site property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived. Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property.
The City and the Developers negotiated the terms of the attached Agreement pursuant to Government Code Section 66462.5.
F. Under the Agreement, City will follow the pre -acquisition steps for acquisition of the Off -site Properties. The Agreement provides that City has- exclusive control of the acquisition of the Off -site Properties, and the sole and exclusive discretion to adopt a resolution of necessity to authorize the acquisition of said property interests by eminent domain.
It also provides that the City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off -site Properties. It provides that the Developer is solely responsible for all costs relating to the acquisition of the Off -site Properties. It provides that Developer will deposit $80,000 with the City. The City will deposit said sum in a Separate Fund that will be used towards the acquisition costs. Developer is required to maintain the balance in the Separate Fund at $20,000.
It also provides that if Developer independently acquires any of the Off -site Properties by negotiated purchase after an eminent domain proceeding is filed by the City, Developer will immediately notify the City. In such case, City will take steps to abandon all or any unnecessary part of the proceeding. Developer is responsible for any and all costs relating to any such abandonment, including all costs, expenses, and/or damages related thereto, including but not limited to condemnee's recoverable costs and/or recoverable attorneys' fees under Code of Civil Procedure Section 1268.610 et seq.
Section 2. Approval of Agreement. The City hereby approves that Government Code Section 66462.5 Agreement Between Woodside 055, LP and Wingsweep Corporation and City of Temecula for Acquisition of Certain Property Interests (Calle Girasol/Nicolas Road Connection).
Section 3. City Manager Authority. The City Manager is authorized to execute all necessary documents and to take all steps necessary steps to effectuate the purposes of the Agreement.
Section 4. Certification. The City Clerk shall certify the adoption of this Resolution. 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of April, 2022.
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 121h day of April, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5
BETWEEN WOODSIDE 05S, LP AND WINGSWEEP CORPORATION
AND CITY OF TEMECULA FOR ACQUISITION OF CERTAIN REAL
PROPERTY INTERESTS
(CALLE GIRASOL/NICOLAS ROAD CONNECTION — NGO, NAVEJAR,
SINGH AND GARCIA PROPERTIES)
This Agreement Pursuant to Government Code Section 66462.5 BETWEEN WOODSIDE 05S, LP AND WINGSWEEP CORPORATION AND CITY OF TEMECULA FOR
ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS (CALLE GIRASOL/NICOLAS ROAD CONNECTION) (the "Agreement") is entered into between WOODSIDE 05S, LP, a California Limited Partnership, and WINGSWEEP CORPORATION, a California corporation (collectively hereinafter called "Developer"), on the one hand, and the CITY OF TEMECULA, a municipal corporation ("City"), on the other hand. This Agreement is effective on the date it is fully executed (the "Effective Date"). Developer and City are sometimes jointly referred to in this Agreement as the "Parties."
In consideration of the Recitals below, the mutual covenants set forth in this Agreement, and for the further consideration described in this Agreement, the Parties agree as follows:
1. Recitals. The Parties hereto acknowledge and agree that this Agreement is made with respect to the following facts and purposes that each agrees to be true and correct.
A. Developer is the successor to certain approved applications for development of a residential project ("Sommers Bend Project") on that certain real property of Developer known as Roripaugh Ranch Phase II and generally located adjacent to Butterfield Stage Road and Murrieta Hot Springs Road in the City of Temecula ("Subject Property" or "Phase II Property"); B. The Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) was initially approved by Ordinance of the City Council on December 17, 2002 and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057; and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer is the successor to certain of these approved applications for development and proposes to construct the Sommers Bend Project on the Subject Property.
C. To facilitate the orderly development of the Sommers Bend Project on the Subject Property, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D (New Attachment 5-A to Development Agreement) to the Third 11086.0203/2561643v1 -1-
Amendment to the Development Agreement. Specifically, Condition 3(A) to Exhibit D contains a specific condition of approval requiring Developer to construct certain public improvements in connection with Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection ("Nicolas Road Improvements"):
Description pf Public Improvement. Complete engineering design and construct full Nicolas Road improvements from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection.
... Owners of Phase II Property shall be required, on behalf of the City, to provide for all required engineering design, construction plans, CEQA analysis & processing, environmental mitigation measures, right-of-way acquisition, and to obtain all necessary Resource Agency and Riverside County Flood Control and Water Conservation District permits.
Resource Agency permits for the offsite portion of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection were not obtained with the Resource Agency permits for Roripaugh Ranch Phase II. Due to Resource Agency regulations, the offsite portion of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection should be combined with the permits for the Santa Gertrudis Creek Channel improvements downstream of the existing culverts at Butterfield Stage Road and processed and obtained as a single package.
D. The Santa Gertrudis Creek Channel Improvements project was redesigned to remove certain improvements from jurisdictional areas. Based on this, the Parties agree that it may not be necessary for Developer to obtain permits from the Resource Agencies in areas of the Santa Gertrudis Creek Channel Improvements project not within the jurisdiction of the Resource Agencies. Developer will obtain any necessary permits relating to the Nicolas Road Improvements and for any portions of the Santa Gertrudis Creek and Long Valley Wash channel improvements that may require said permits in accordance with applicable law and prior to construction of said improvements.
E. Satisfaction of the Nicolas Road Improvements involves real property that is neither owned by Developer or City (referred to below as "Off -site Property"). The Off -site Property that is required to satisfy condition 3(A) consists of certain real property more particularly described and depicted collectively on.Exhibit "One" through Exhibit "Four," which are attached hereto and incorporated herein by this reference.
F. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on off -site property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived. Pursuant to 11086.0203/2561643v1 -2�
said Section 66462.5, a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property.
G. Developer has requested that City acquire the Off -site Property pursuant to Government Code Section 66462.5.
H. Developer has provided credible evidence that Developer has made a good faith effort to acquire the Off -site Property but has been unable to do so by negotiated purchase.
I. City is authorized to acquire property by eminent domain for public use, namely for public street purposes and all uses necessary or convenient thereto, pursuant to Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 37353, 40401, and 40404, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law.
J. City must comply with the Relocation Assistance Act, Government Code Section 7260 et seq., and the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.), and their implementing regulations, in acquiring property for public improvements ("Public Land Acquisition Statutes").
K. To facilitate the satisfaction of the condition of approval, City and Developer now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off -site Property and to allocate responsibility between the respective Parties.
L. This Agreement is solely made in furtherance of the authority granted under Government Code Section 66462.5. The Parties recognize that City cannot exercise its power of eminent domain until the City has satisfied all legally required preconditions under the Public Land Acquisition Statutes, including the adoption of a Resolution of Necessity by the City Council in accordance with applicable law. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the Off -site Property that may be identified in this Agreement. In the event the City Council, in its sole discretion, adopts a Resolution of Necessity after the required public hearing authorizing the acquisition of the Off -site Property by eminent domain, and elects to commence an eminent domain proceeding, then City will cause the eminent domain proceeding for the acquisition of the Off -site Property (whether fee, leasehold, or otherwise) in and to the Off -site Property to be filed and expeditiously processed to completion by and through the use of City's power of eminent domain.
2. City Acquisition of Off -site Property.
A. Developer agrees that City will exercise exclusive control of the acquisition of the Off -site Property and, if necessary, any eminent domain proceeding filed to acquire the Off -site Property.
B. Subject to Developer's timely and continuous performance of all elements of this Agreement, City will proceed with the following steps in connection with the proposed acquisition of the Off -site Property:
11086.0203/2561643v1 ^3-
(1) City will obtain an appraisal of the Off -site Property in accordance with the requirements of Public Land Acquisition Statutes.
(2) City will, in good faith, negotiate with the current owners of the Off -site Property to attempt to acquire the Off -site Property without the necessity of eminent domain proceedings.
(3) If such negotiations prove unsuccessful, City Staff will schedule a hearing for the City Council to consider the adoption of a resolution of necessity for acquisition of the Off - Site Property in accordance with applicable law. The City Attorney's Office will file condemnation proceedings for the purpose of acquiring the Off -site Property by eminent domain i£ (1) the City Council, in its sole and exclusive discretion, determines that the City has complied with the Public Land Acquisition Statutes; (2) the City Council considers all of the facts presented at any hearing scheduled for the consideration of the adoption of a resolution of necessity; (3) the City Council, in its sole and exclusive discretion, makes the findings necessary for adoption of a resolution of necessity under the Eminent Domain Law; and (4) the City Council, in its sole and exclusive discretion, determines to adopt a resolution of necessity by the required votes. (4) If the City Council adopts a resolution of necessity, the City Attorney's office will file, on behalf of the City, an eminent domain proceeding promptly following the adoption of such resolution of necessity and will diligently prosecute such proceeding.
C. City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off - site Property.
D. Developer agrees that City will exercise exclusive control of the acquisition of the Off -site Property and, if necessary, any eminent domain proceeding filed to acquire the Off -site Property, including but not limited to, exclusive control regarding the selection of consultants, experts, litigation, and settlement.
E. Developer agrees that the City Attorney's Office and any experts or consultants retained on behalf of the City in connection with any such eminent domain proceeding do not represent Developer in any capacity and further that Developer is not a third -party beneficiary.
F. The Parties further agree that this Agreement can be terminated by the City if the court determines in any condemnation proceeding that the City does not have the right to take the Off -site Property by eminent domain in accordance with the Eminent Domain Law, or if the City determines, in its sole and exclusive discretion, not to adopt a resolution of necessity.
3. Developer Responsible for All Costs of Acquisition. Developer is solely responsible for all Off -site Property acquisition costs, which include, but are not limited to, the costs of title reports and/or litigation guarantees, appraisal costs, litigation expenses, costs for experts and consultants, court costs, attorneys' fees, deposits necessary to take immediate possession of the Off -site Property, deposits reflecting settlement of any suit filed by the City pursuant to a stipulation for entry of judgment and final order of condemnation or settlement agreement, compensation required by a jury verdict as to the value of said Off -site Property, payments for land and improvements on the land, severance damages, fixtures and equipment payments, payments for 11086.0203/2561643v1 -4-
loss of business goodwill, relocation benefits, precondemnation damages, relocation expenses, abandonment costs or damages, the Off -site Property owners' statutory costs and litigation expenses authorized by the Eminent Domain Law, Public Land Acquisition Statutes, and any and all fees, costs, and expenses arising from or related to any of the foregoing items, actions, and proceedings.
4. Limitations on City's Ability to Acquire Off -site Property; Time Waiver. The Parties hereto recognize that if the City Council, in its discretion, adopts a resolution of necessity and authorizes the filing of an eminent domain proceeding, the City may not be able to obtain title to the Off -site Property within the time set forth in Government Code Section 66462.5 and in recognition of this potential circumstance the Parties hereby waive the time requirements for action by City as set forth in Government Code Section 66462.5.
5. Deposit of Costs. Concurrently with the execution of this Agreement, Developer will deliver to City the sum of $80,000 (Eighty Thousand Dollars). City agrees to deposit said sum in a separate City account ("Separate Fund") and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement.
A. City will, on a monthly basis, or as often as City deems necessary, provide Developer with an accounting of disbursements from the Separate Fund established pursuant to this Section. In the event disbursements reduce the balance of the fund to $5,000 (Five Thousand Dollars) or less, Developer, within five (5) business days following a written request by City, will deliver to City such additional monies as are necessary to maintain the balance in the separate fund at $20,000.
B. Developer agrees to deliver to City, promptly upon demand by City, the entire amount City determines is required by the Eminent Domain Law ("Deposit Amount"), which amount City will deposit with the State Condemnation Fund under Code of Civil Procedure Section 1255.010 et seq. if City and Developer agree that City should seek prejudgment possession of the Off -Site Property. The Deposit Amount may be paid from the Separate Fund, subject to the terms of 5.A above. If during the course of the eminent domain proceeding, City's expert valuation witness or the court determines that the fair market value of the Off -site Property is higher than the Deposit Amount, Developer will deliver this additional amount to City for deposit in the Separate Fund upon five (5) business days following a written request by City or as ordered by any court of competent jurisdiction. City will promptly deposit this additional amount with the State Condemnation Fund or as ordered by the court.
C. If for any reason Developer fails to maintain the Separate Fund balance referenced in this Section, or fails to provide the monies as required herein, City may utilize and draw down all or any portion of the improvement security deposited with the City to ensure completion of the Nicholas Road Improvements to pay any of the costs and expenses referenced herein for acquisition of the Off -site Property. City will not commence any activity under or in furtherance of this Agreement until Developer provides City and City agrees with and approves a written acknowledgment from both the Developer and the person, firm, or entity who has provided the referenced security that: (i) City may make a demand on the security for the purposes described in this Agreement; (ii) the surety will promptly pay such monies to City upon City's demand; and (iii) the amount of the security deposit is adequate to fund both the anticipated physical 11086.0203/2561643v1 -$-
improvements under the Sommers Bend Project and the anticipated costs of acquisition pursuant to this Agreement.
D. When any eminent domain proceeding that was commenced pursuant to this Agreement is concluded, City will remit to Developer the balance of the Separate Fund within sixty (60) days after full payment of just compensation, costs, and all applicable litigation expenses have been made in connection with the acquisition of said Off -site Property. In addition, City will expeditiously withdraw any funds remaining on deposit with the State Condemnation Fund if the eminent domain proceeding is dismissed or abandoned.
6. Developer Acquisition of Property. If Developer should independently acquire all or any portion of the Off -site Property by negotiated purchase after an eminent domain proceeding is filed by City, Developer will immediately notify City of the acquisition. In such case, City will move to abandon all or any unnecessary part of the eminent domain proceeding relating to any portion of the Off -site Property acquired by Developer by negotiation when title to said property is vested in Developer. If a complete or partial abandonment is filed, Developer will bear any and all costs, expenses, and/or damages related thereto, including, but not limited to, any condemnee's recoverable costs and/or recoverable attorneys' fees pursuant to Code of Civil Procedure Section 1268.610 et seq.
7. Miscellaneous.
A. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one (1) business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice:
City: CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
Attention: City Manager
Copy to: RICHARDS, WATSON & GERSHON
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
Attention: Peter M. Thorson, City Attorney
Developer: WOODSIDE 055, LP
1250 Corona Pointe Court, Suite 500
Corona, CA 92879
Attention: Trent Heiner, Project Manager
and
11086.0203/2561643v1 -6-
WINGSWEEP CORPORATION
UNICOM Plaza, Suite 310
15535 San Fernando Mission Boulevard
Mission Hills, CA 91345
Attention: Joseph T. Gauthier, General Counsel
Copy to: ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
1900 Main Street, 5th Floor
Irvine, CA 92614
Attention: K. Erik Friess, Esq.
B. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere, or prohibit, or make more onerous or difficult the performance of the other party hereto under this Agreement.
C. Amendments. Any amendments to this Agreement will be effective only by a writing executed by the Parties to this Agreement.
D. Goyernin Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
E. Entire Agreement. This Agreement contains the entire agreement between the City and Developer regarding the subject matter of this Agreement.
F. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors, successors -in -interest, and assigns of the Parties hereto.
G. Counterparts. Facsimile and _Electronic Signatures. This Agreement may be executed in whole or in counterparts, which together will constitute the entire Agreement.
Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered.
H. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel. The Parties further acknowledge that, prior to executing this Agreement, 11086.0203/2561643v1 -7-
each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of said Agreement.
I. Attorneys' Fees.. If either of the Parties hereto incurs attorneys' fees in order to enforce, defend, or interpret any of the terms, provisions, or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration, or settlement will be entitled to recover reasonable attorneys' fees from the other party.
J. Severability. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid.
K. No Agency or Joint Venture. The terms and provisions of this Agreement will not cause the Parties hereto or any of each Parties' agents, consultants, contractors, or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers, or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge, or expense of the other party to this Agreement.
L. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement.
M. Remedies. No remedy or election hereunder will be deemed to be exclusive but will, wherever possible, be cumulative with all other remedies at or in equity.
N. Venue. Venue for any action arising directly or indirectly under this Agreement will be in the Superior Court of Riverside County, California. [SIGNATURES ON NEXT PAGE]
11086 0203/2561643v1 �&-
IN WITNESS WHEREOF, the Parties hereof have executed and entered into this Agreement as of the date set forth below.
Developer
WOODSIDE 05S, LP,
a California limited partnership
Dat
M.
Title: 6
K.r 71r'
WINGSWEEP CORPORATION,
a California limited partnership
Date:
Title:
DEVELOPER'S SIGNATURES MUST BE
NOTARIZED
CITY OF TEMECULA, a municipal
corporation
Date:
Maryann Edwards, Mayor
Attest:
Randi Johl, City Clerk
Approved as to form:
Peter M. Thorson, City Attorney
11086.0203/2561643v1 -9-
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of Riverside
On March 4, 2022
before me, Dena Upp a Notary Public
(insert name and title of the officer)
personally appeared Trent Heiner
who proved to me on the basis of satisfactory evidence to be the person() whose name(K is/ass subscribed to the within instrument and acknowledged to me that he/44e44ey executed the same in his/4&kW3eir authorized capacity4es), and that by his/her it signatureW 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.
PP
WITNESS my hand and official seal. DENA i- C
16my
Notary Puhlic • Califnmia
Riverside County ty
Commission # 2320322
1 Comm, Expires Jan 31, 2024
Signature 1 (Seal)
IN WITNESS WHEREOF, the Parties hereof have executed and entered into this Agreement as of the date set forth below.
Developer
WOODSIDE 05S, LP,
a California limited partnership
Date:
LIN
Title:
WINGSWEEP CORPORATION,
a California limited partnership
Date: March % 2022
By:
Corry S. Hong
Title: President & CEO
DEVELOPER'S SIGNATURES MUST BE
NOTARIZED
CITY OF TEMECULA, a municipal
corporation
Date:
HA
lann Edwards, Mayor
Attest:
Randi Johl, City Clerk
Approved as to form:
Peter M. Thorson, City Attorney
11086.020312561643v1 -9-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California J
County of Z10> A `� k�
On MtV&� -7, "w-'-Z before me,
Date
-5,
personally appeared
Z,
'9, %_ (frume�/C-
Here Insert Name and Title of the Officer
Ah-74
Name(�f, of Signer('
who proved to me on the basis of satisfactory evidence to be the person(La') whose name(sl is/afe subscribed to the within instrument and acknowledged to me that he/s4og4ey executed the same in hislilqe4the- authorized capacity(te4 and that by his/herfthem signature(s� on the instrument the person(*, or the entity upon behalf of which the person(% acted, executed the instrument.
R. T, CRUNELLE
` - Notary Public - California
<f�-
- €�- Los Angeles County
Commission k 2252811
My Comm. Expires Aug 5, 2022
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature,
OPTIONAL
Signature of Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
©2017 National Notary Association
Number of Pages:
Signer's Name: _
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
FORM OF EXHIBITS
EXHIBIT ONE — NGO/TRAN PROPERTY DOCUMENTS
Form of Grant of Temporary Construction Easement and Covenant for Construction of Permanent Improvements
Exhibit 1 — Description of Grantor's Property, Legal Description Exhibit A — Legal Description of Temporary Construction Easement Exhibit B — Depiction of Temporary Construction Easement Exhibit C — Description of Permanent Improvements to be Constructed within Temporary Construction Easement Portion
of Grantor's Property
Form of Conservation Easement
Exhibit A — Legal Description of Property
Exhibit B — Legal Description of Conservation Easement
Exhibit C — Depiction of Conservation Easement
Exhibit D — Mitigation Plan (to be attached at grant of easement from City to Preserve Manager)
Exhibit E — Title Report (to be attached at grant of easement from City to Preserve Manager)
Exhibit F — Current Natural Condition of the Easement Area (to be attached at grant of easement from City to Preserve
Manager)
Exhibit G — Cover Page of Long -Term Management Plan (to be attached at grant of easement from City to Preserve Manager)
EXHIBIT TWO — NAVEJAR PROPERTY DOCUMENTS
Form of Grant of Temporary Construction Easement and Covenant for Construction of Permanent Improvements
Exhibit 1— Description of Grantor's Property, Legal Description Exhibit A — Legal Description of Temporary Construction Easement Exhibit B — Depiction of Temporary Construction Easement Exhibit C — Description of Permanent Improvements to be Constructed within Temporary Construction Easement Portion
of Grantor's Property
EXHIBIT THREE— GARCIA PROPERTY DOCUMENTS
Form of Grant of Temporary Construction Easement and Covenant for Construction of Permanent Improvements
Exhibit 1 — Description of Grantor's Property, Legal Description Exhibit A — Legal Description of Temporary Construction Easement Exhibit B — Depiction of Temporary Construction Easement Form of Permanent Maintenance and Access Easement
Exhibit A — Legal Description of Permanent Maintenance Easement Exhibit B — Depiction of Permanent Maintenance Easement EXHIBIT FOUR — SINGH PROPERTY DOCUMENTS
Form of Grant of Temporary Construction Easement and Covenant for Construction of Permanent Improvements
Exhibit 1— Description of Grantor's Property, Legal Description Exhibit A — Legal Description of Temporary Construction Easement Exhibit B — Depiction of Temporary Construction Easement Exhibit C — Description of Permanent Improvements to be Constructed within Temporary Construction Easement Portion
of Grantor's Property
Form of Permanent Maintenance and Access Easement
Exhibit A — Legal Description of Permanent Maintenance Easement Exhibit B — Depiction of Permanent Maintenance Easement Form of Southern California Edison Easement
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EXHIBIT ONE
NGO/TRAN PROPERTY DOCUMENTS
FORM OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR
CONSTRUCTION OF PERMANENT IMPROVEMENTS
Recording requested by
and when recorded return to:
CITY OF TEMECULA
Attention: Randi Johl, Director of
Legislative Affairs, City Clerk
41000 Main Street
Post Office Box 9033
Temecula, California 92590-2764
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No. 957-090-022 [X] Portion
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).
GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
FOR CONSTRUCTION OF CERTAIN PERMANENT IMPROVEMENTS
This Grant of Temporary Construction Easement Agreement and Covenant for Construction of Permanent Improvements ("TCE Agreement and Covenant") is entered into as of , by and between Lam Ngo and Huyen Lam Tran, husband and wife as joint tenants (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("City").
RECITALS
WHEREAS, Grantor is the record fee owner of that certain real property located in the City of Temecula, County of Riverside, State of California identified as Riverside County Tax Assessor's Parcel Number 957-090-022 ("Grantor's Property") described more particularly in EXHIBIT 1 attached hereto and incorporated herein by this reference.
WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project").
WHEREAS, Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 83,324 square foot Temporary Construction Easement with a term of twelve (12) months on Grantor's Property to facilitate the City's construction of the Project, subject to the terms and conditions set forth herein.
-1-
WHEREAS, portions of Grantor's Property are located in the floodway and based on said location, it is necessary for the City to construct certain permanent improvements on Grantor's Property in connection with the Project, including but not limited to the installation of riprap slope - erosion protection, which are more particularly described below. Grantor acknowledges receipt of a copy of the proposed plans for the Project and desires to authorize the City to construct said permanent improvements on Grantor's Property.
NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree as follows:
1. Grant of Temporary Construction Easement. Grantor hereby grants to the City an approximate 83,324 square foot Temporary Construction Easement with a term of twelve (12) months ("Temporary Construction Easement") on Grantor's Property to facilitate the construction of the public street and related improvements in connection with the Project. The Temporary Construction Easement is described more particularly on EXHIBIT A labeled "Legal Description Temporary Construction Easement" and depicted on Exhibit B labeled "Depiction of Temporary Construction Easement — APN: 957-090-022, Ngo/Tran Property". EXHIBIT A and EXHIBIT B are attached to this TCE Agreement and Covenant are incorporated herein by this reference. 2 Commencement of Temporary Construction Easement. The term of the Temporary Construction Easement will commence thirty (30) calendar days after the date on which the City notifies Grantor in writing that it will commence its construction of the Project. The day that is the 30th calendar day after the date of said notice is the "Commencement Date" of the Temporary Construction Easement.
3. Scope of Temporary Construction Easement.
a. The Temporary Construction Easement is for the use by the City, its contractors, subcontractors, employees and agents (collectively, "City Designees") for said twelve (12) month period and the purpose and scope of this Temporary Construction Easement is to facilitate the City's construction of the Project, including, without limitation, use of the Temporary Construction Easement for construction staging purposes, storage of equipment and material in connection with the City's construction of the Project. b. City and City Designees also have the right to use the Temporary Construction Easement area to construct the permanent improvements described more particularly in Section 5 below within the area of the Temporary Construction Easement on Grantor's Property.
4. No Liens. The City agrees to keep the Temporary Construction Easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the Temporary Construction Easement in connection with the construction of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the Temporary Construction Easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor -2-
for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal.
5. Covenant Running with the Land — Covenant for Construction of Certain Permanent Improvements on Grantor's Property. Grantor hereby covenants and agrees that in consideration for payment of compensation from the City and for other good and valuable consideration, the City and the City Designees also have the right to construct certain permanent improvements on portions of the Temporary Construction Easement area, including, without limitation, riprap slope -erosion protection, described more particularly in EXHIBIT C, which is attached hereto and incorporated herein by this reference. Grantor agrees and acknowledges that City and City Designees will have no responsibility for maintenance of the permanent improvements described in EXHIBIT C hereto after the City's construction of the Project and that Grantor is solely responsible for all costs of maintenance of said permanent improvements. This covenant for construction of certain permanent improvements described on EXHIBIT C hereto in the area of the Temporary Construction Easement is a covenant running with the land and is binding upon Grantor, Grantor's heirs, executors, administrators, successors, and assigns and on any party that has an interest in Grantor's Property. Grantor consents to and acknowledges that the Covenant for Construction of Certain Permanent Improvements contained in this TCE Agreement and Covenant will be recorded in the Official Records of the County of Riverside, California.
6. Termination of City's Right to Use Temporary Construction Easement. The Temporary Construction Easement will expire on the earlier to occur of (a) twelve (12) months after the Commencement Date or (b) the date that the City records a Notice of Termination of the Temporary Construction Easement in the Official Records of the County. Upon the expiration of the Temporary Construction Easement, the City agrees to take such actions as the Grantor may reasonably request to evidence and give effect to the extinguishment of the City's use of the Temporary Construction Easement and the relinquishment of the City's rights and interests in the Temporary Construction Easement pursuant to this TCE Agreement and Covenant.
7. Insurance. Prior to entry on the area of the Temporary Construction Easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the Temporary Construction Easement by or activities of City's contractor pursuant to this TCE Agreement and Covenant. Such insurance will be maintained in force during the term of the Temporary Construction Easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors.
a. Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) General Liability Form No. CG 00 01 11 85 or 88.
-3-
(2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance: The contractor shall maintain limits no less than:
(1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. (4) Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000).
C. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers.
(2) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it.
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(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers.
(4) The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this TCE Agreement and Covenant shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy.
(7) Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity.
d. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City.
Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage: Contractor shall furnish City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by City. All endorsements are to be received and approved by the City before work commences. As an alternative to City's forms, the contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
f. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein. & City's Obligations on Termination of Term of Temporary Construction Easement.
The City agrees that, as of the termination date of the Temporary Construction Easement, the City will remove any construction equipment and materials stored in the area of the Temporary Construction Easement in connection with the Project. Further, the City will cause the City Designees to replace with material and like quality any hardscape, landscaping, and improvements located in the area of the Temporary Construction Easement that are damaged in connection with the City's use of the Temporary Construction Easement for the construction of the Project. Grantor -5-
acknowledges that the permanent improvements constructed in the area of the Temporary Construction Easement and described in EXHIBIT C will remain on Grantor's Property after the construction of the Project.
9. Maintenance of Permanent Improvements on Grantor's Property. Upon the expiration of the Temporary Construction Easement, Grantor shall, at Grantor's sole cost and expense, operate, maintain, repair and replace (as applicable) the permanent improvements constructed on Grantor's Property within the Temporary Construction Easement area described on EXHIBIT C hereto and all installations connected thereto, in good condition and repair and otherwise in compliance with all applicable laws. Grantor is not responsible for maintenance of any portion of the permanent public improvements constructed within the area comprising the conservation easement area.
10 Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice:
City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
Copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
Grantor: Lam Ngo and Huyen Lam Tran, husband and wife as joint tenants
13341 Wilson Street
Garden Grove, CA 92844
Telephone: 714-728-7856
Attention: Not Available
Email: Not Available
11. Miscellaneous Provisions.
a. Any amendments to this TCE Agreement and Covenant must be in writing and duly executed by both Grantor and the City.
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b. This TCE Agreement and Covenant will be construed and interpreted under, and governed and enforced according to the laws of the State of California.
C. This TCE Agreement and Covenant contains the entire agreement between the Grantor and the City regarding the Temporary Construction Easement and construction of certain permanent improvements within the Temporary Construction Easement portion of the Grantor's Property.
d. Except as otherwise provided herein, the provisions of this TCE Agreement and Covenant will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
e. This TCE Agreement and Covenant may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
f. Each party has reviewed this TCE Agreement and Covenant and each has had the opportunity to have its respective counsel and real estate advisors review and revise this TCE Agreement and Covenant and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this TCE Agreement and Covenant or any amendments or exhibits thereto.
g. If any part, term or provision of this TCE Agreement and Covenant is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this TCE Agreement and Covenant did not contain the particular part, term or provision held to be invalid.
[SIGNATURES TO FOLLOW]
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IN WITNESS WHEREOF, the Grantor and the City have entered into this TCE Agreement and Covenant as of the date set forth above.
Dated:
Dated:
Dated:
GRANTOR
LAM NGO AND HUYEN LAM TRAN,
husband and wife as joint tenants
Lam Ngo
Huyen Lam Tran
CITY OF TEMECULA,
a municipal corporation
By:
Aaron Adams, City Manager
ATTEST:
By:
Randi Johl,
City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson,
City Attorney
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On , before
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary:
10 (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On , before
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary:
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(Seal)
EXHIBIT 1
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
LEGAL DESCRIPTIO
THE LAND REFERkED TO HEREIN BELOW IS SITUATED IN THE CITY- Of '11MECULA, IN THE COUNTY OF RIVFRSTDF, STATE OF CALIFORNIA, AND IS FlFSCRIHFD AS 1`01.1_OWS= PARCEL 3 OF PARCEL MAP NO. 18022, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY [NAP ON FILE IN BOOK 112, PAGES 28 AND 29 OF PARCEL MAPS, RECORDS OF EJVERSIDE C'OLINTY. CALIFORNIA.
APN. 957-090-022-2
Exhibit 1
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EXHIBIT A
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
A P N: 95 7-09 0 -02 2
NGOff RAN PROPERTY
That portion of Parcel 3 of Parcel Map No. 1902Z in the City of Temecula. County of Riverspde' State Of CaliFornia_ as shown on the Map recorded in Boak 112, Pages 28 and 29 of Parcel Maps, in the Office of the County Recorder of said Riverside County, described as follows, BEGINNING at the southwesterly corner of said Parcel 3, said point being an the northerly Fight of Way line of Nicolas Road (55.00 foot half-%idth)-
Thence along the westerly line of sai-d Parcel 3 North G91013' West 167.45 feet; Thence leaving said line North 49`11'16' East 327.72 feet; Thence North 81"49'25' East 38.23 feet to the apnterly Jine of said Parcel 3; Thence along said easterly line South 08' 10'35" East 342.97 feet to the southerly line of Parcel 3; Thence along said southerly line South 81"36'16" West 311_31 feat to the POINT OF BEGINNING_
Containing 1.91 acres, or 83.324 $quaFe Feel. more or less This description was prepared
by me or unde r m y d irec6an,
r tyAL `-A,,O
date'
R_ Duquette. Fp 7566 �
OHN I
# ououerie
JY0.75
%T
Michael Baker Intemational
40810 County Center !hive, Rude 200
Temecula. CA 92591
EXHIBIT A
-I-
Septsfnber 2, 2020
JN 175051