03-1202_BRONGO CONSTRUCTION, INC._Agreementm
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AGREEMENT
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HIS AGREEMENT is made and entered into this day of
, 2003, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and Brongo Construction, Inc., (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to repair the Seaview Estates Slide; and
WHEREAS, Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as
set forth in Exhibit "A" (Geotechnical Recommendations) and Exhibit "B" (Contractor's
Proposal) attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later 180 calendar days after the
effective date of this Agreement.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall be a lump sum
totaling Thirty -Eight Thousand Six Hundred ($38,600), as set forth in Exhibit "B,"
attached and incorporated herein by reference.
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3.2 Payment.
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Included within the compensation are all the Consultant's ordinary office and
overhead expenses incurred by it, its agents and employees, including meetings with
the City representatives and incidental costs to perform the stipulated services.
Submittals shall be in accordance with Consultant's proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
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Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
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Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
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14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
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14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
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Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Public Works Director
To Consultant: Brongo Construction, Inc
32332 Camino Capistrano # 205
San Juan Capistrano, CA
92675
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
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Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS').
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. ity Attorney
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Brongo 06n. t ction, Inc.
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EXHIBIT "A"
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GEOTECHNICAL RECOMMENDATIONS
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Lawson & Associates
Geotechnical Consulting, Inc.
SEp 16 2003
September 10, 2003
03
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Ms. Amy Amirani
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject. Geotechnical Distress Evaluation, Slope Failure Along the Fire Access Road Between
Paseo Activo and Paseo Peregrino, City of San Juan Capistrano, California
Introduction
h accordance with your request, Lawson & Associates Geotechnical Consulting, Inc. (LGC) has performed
a subsurface geotechnical investigation regarding the slope failure along a portion of the fire access road
between Paseo Activo and Paseo Peregrino in the city of San Juan Capistrano, California. We have prepared
this report to present our findings, conclusions, and recommendations regarding the subject slope failure.
Investigation
Our investigation included review of the available geotechnical data pertinent to the area of the subject slope
failure, geologic mapping of the limits of the failure, and excavation and logging of one exploratory
excavation within the slide mass. The exploratory trench was excavated to determine the general
characteristics and vertical extent of the failed mass and the geologic characteristics of the underlying
material. The location of our exploratory excavation and the limits of the slope failure are depicted on the
Geologic Map (Figure 1). The trench log is attached to this report.
Findings
The results of our field mapping and subsurface investigation indicate the slide mass initiated approximately
4 to 5 feet north of the adjacent access road, extends approximately 40 feet horizontally down the slope and
is approximately 20 feet wide. The material found to comprise the main slide mass consisted of 3 to 5 feet of
moist to very moist material that had been highly deformed. This material consisted of three layers with
varying proportions of silty clay, clayey silt, and clay. The uppermost material consisted of a thin 1 -foot
layer of silty clay to clayey silt, which was found to be light brown, soft to slightly stiff, and dry to moist.
This was underlain by approximately 2.5 feet of highly deformed material consisting of blocks of gray silty
clay to clayey silt and dark brown clay. These blocks were surrounded by a matrix of light brown silty clay
to clayey silt, which was moist to very moist. This was in -tum underlain by 1.5 feet of highly fractured clay
to silty clay that was light gray, moist, and had yellow limonite filled fractures. Roots and rootlets were
found throughout the mass and in many places these had black clayey films surrounding them. The slide
materials were more saturated near the head of the slide with the greatest saturation near the southeastern
side. The material appeared to become drier towards the toe of the slide. Capistrano Formation bedrock
underlies the failed mass and consisted of jointed, gray and orange mottled, clayey silt to silty clay, which
was moist, and medium stiff.
1020 Calle Cordillera • Suite 101 • San Clemente, CA 92673 • (949) 369-6141 • Fax (949) 369-6142
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The failure appears to be a shallow surficial failure, apparently of saturated fill soils, along the base of the fill
soils and above the native Capistrano Formation bedrock. Our review of the available geotechnical maps for
the site indicates the location of the subject failure approximately coincides with a similar -sized failure
depicted on a reviewed geologic map dated 1978, prior to site development. The as -built maps reviewed do
not indicate whether or not the previously mapped failure was addressed during site grading.
Minor cracking was noted within the access roadway itself, above the area of slope failure. This may be an
indication of additional movement occurring in the area above the location of the current failure.
It was noted that an irrigation line runs along the road just above the slide with a sprinkler head located
approximately midway along the top of the slide. In addition utility mark -out revealed that a water main and
sewer line run the length of the road.
Conclusions
The failure was found to localized and shallow, likely the result of saturated soil conditions. It does not
appear to related to or an indication of a deep-seated failure, however, deeper excavation was not performed
to address this possibility as part of the subject investigation. It was not determined whether the subject
failure was a reactivation of the previous failure in this same location, or if the same conditions that
contributed to the previous failure contributed to the subject failure.
The failure was likely triggered as a result of concentrated groundwater seepage at this location. A possible
contributor may be a leak in one or more of the wet utilities located above the failure, or irrigation water
from the residences above.
The excess moisture in the failure area and the loss of material has reduced the stability of the adjacent soils
and improvements. The cracks observed in the roadway above the failure may be an indication of a
forthcoming failure or at least settlement of the subgrade materials due to a loss of lateral support in the area
of the failure.
Recommendations
Our recommendations consist of two broad areas, control of water infiltrating the soils adjacent to the
roadway and reconstruction of the failed areas of the slope
The source of excess water infiltration into the soils below the roadway should be found and corrected, if
possible. This should include leakage tests of the utility lines underneath the road and of the irrigation lines
on either side of the roadway. Additionally, irrigation water from the residences above, leaks within the pool
above the subject area, or improper drainage of the pool in the direction of the failure should be investigated
as possible contributors to the saturated soil conditions observed. Any leakage or other source of water
should be stopped to insure that the slope does not continue to fail or fail in other areas. In addition the
amount of irrigation water applied to the slopes should be checked and decreased to the least amount
allowable for healthy plant growth.
Our recommendation for the area of slope distress is to remove all affected material and replace with
compacted engineered fill (Figure 2). All loose or otherwise deleterious soil material shall be removed until
competent material is found. A key shall be excavated at the toe of the landslide with the base tilted into
Project No. 031066-01 Page 2 September 10, 2003
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slope at a minimum of 2 percent. The bottom and sides of the excavation shall be benched into competent
material. The excavation should be filled with suitable fill material in 6- to 8 -inch lifts, moisture conditioned
or dried back to approximately 2 percent above optimum moisture conditions, and compacted to a minimum
of 90 percent of maximum relative compaction. Soils used for fill should be free of organics, large rocks, or
other deleterious material. Once the slope is reconstructed the area should be covered in jute netting and
reseeded.
Based on the actual conditions encountered during grading, installation of a subdrain system may be required
to divert subsurface water away the subject area to a slope face outlet. A geologist should be onsite during
site regrading to determine the need for subdrainage to observe the key excavation and to provide appropriate
recommendations for its construction (if deemed necessary) based on the actual conditions observed.
The recommendations given above should be considered as a design that we have observed to be successful
at similar sites rather than a calculated solution. Implementing the recommendations above will not eliminate
all erosion or the potential for future failures, but should maintain the functionality of the improvements and
reduce the potential of future slope failures. We recommend that this repair be implemented as soon as
possible.
Limitations
Our services were performed using the degree of care and skill ordinarily exercised, under similar
circumstances, by reputable engineers and geologists practicing in this or similar localities. No other
warranty, expressed or implied, is made as to the conclusions and professional advice included in this report.
The samples taken and submitted for laboratory testing, the observations made and the in-situ field testing
performed are believed representative of the entire project; however, soil and geologic conditions revealed
by excavation may be different than our preliminary findings. If this occurs, the changed conditions must be
evaluated by the project soils engineer and geologist and desiga(s) adjusted as required or alternate design(s)
recommended.
This report is issued with the understanding that it is the responsibility of the owner, or of his/her
representative, to ensure that the information and recommendations contained herein are brought to the
attention of the architect and/or project engineer and incorporated into the plans, and the necessary steps are
taken to see that the contractor and/or subcontractor properly implements the recommendations in the field.
The contractor and/or subcontractor should notify the owner if they consider any of the recommendations
presented herein to be unsafe.
The findings of this report are valid as of the present date. However, changes in the conditions of a property
can and do occur with the passage of time, whether they be due to natural processes or the works of man on
this or adjacent properties. Therefore, the findings, conclusions, and recommendations presented in this
report can be relied upon only if LGC has the opportunity to observe the subsurface conditions during
grading and construction of the project, in order to confirm that our preliminary findings are representative
for the site.
In addition, changes in applicable or appropriate standards may occur, whether they result from legislation or
the broadening of knowledge. Accordingly, the findings of this report may be invalidated wholly or partially
by changes outside our control. Therefore, this report is subject to review and modification, and should not
be relied upon after a period of 3 years.
Project No. 031066-01 Page 3 September 10, 2003
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If you should have any questions, please do not hesitate to contact this office.
Sincerely,
LAWSON& ASSOCIATES GEOTECHNICAL CONSULTING, INC.
Timothy Lawson, CEG 1821, GE 2626
Principal Engineer/Geologist
DAK/KBC/TJJJsec
Attachments: Figure 1 -Geologic Map
Figure 2 — Surficial Slope Failure Repair Deta
Trench Log
Distribution: (2) Addressee
Project No. 031066-01 Page 4 ce .q t In Inn2
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Approximateii QIS Approximate Location of Recent Stope Failure
Af Existing FIU Material
I QS Landstide Recognized Prior to Grading In 1978
TsTC Topsolt On Top of Bedrock (Capistrano Formation)
LGC Geologic i
AREA
AFFECTED BY,
LANDSLIDE,
AREA TO BE
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DESIGN
GRADE
MATERIAL f frr�l.
f f y f
AFFTiCTEDB1'
REPLACE SLIDE ! ! _
WITH
COMPACTED !f r•yl,4�r'r
FILL r r .
!
r ray
�KEY'177:TED
INTOSLOPE
MATERIAL DESIGN
AFFECTED BY GRADE
SLIDE
f y T
BENCHES
NOTES 1TY17cAId
1. REMOVE LOW DENSITY SOIL/SLIDEDEBRIS-UNTIL
COMPETENT MATERIAL IS REACHED,
2. EXCAVATE KEY (SIZE TO BE DETERMINED BY
GEOTECHNICAL CONSULTANT) AT TOE OF SLOPE OR
LOWEST POINT OF LANDSLIDE WITH THE BASE TILTING
INTO SLOPE AT 2 %
3--. BOTTOM AND SIDES OF EXCAVATION MUST BE
BENCHED INTO COMPETENT MATERIAL WITH STEPS
BETWEEN BENCHES NO MORE THAN 4' IN HEIGHT
4. PLACE BACKFILL IN 6" TO 8" LIFTS AND COMPACT TO
A MINIMUM OF 90% RELATIVE COMPACTION
5. TRIM AND BLEND" INTO UNFAILED PORTIONS OF THE
SLOPE
6. TRACKWALK OR COMPACT FINAL SLOPE SURFACE
WITH SUITABLE EQUIPEMENT, COVER WITH NTE
NETTING, AND RESEED
T GEOTECHNICAL INSPECTION SHOULD BE PERFORMED
AFTER EXCAVATION OF KEY AND PERIODICALLY
DURING BACKFILL OPERATIONS.
8-..3ft-LR BURRITO TYPE S.UBDRAIN TO BE PLACED AT
GEOTECHNICAL CONSULTANTS DISCRETION
NOT TO SCALE
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EXHIBIT "B"
CONTRACTOR'S PROPOSAL
10
I*
FF20M : BIRONGO CONSTRUCTION INC • PHONE NO. : 949 4430620 • Nov. 04 2003 12:31PM P2
IWO
s _
November 4, 2003
City of San Juan Capistrano
Mr. lack Galaviz
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Ph: (949) 443-6364
Fax (949)493-1053
Re Revised, Slope Repair — Below Fire Access Road Near Paseo Peregrino, S J.C.
We hereby submit the following items of work and estimate based on a site visit and a
geotechnical report prepared by Lawson & Associates dated September 10, 2003.
proposed Items of Work
1. Clear and grub slope vegetation within an area approximately 30'x 50'. Dispose of
debris.
2 Import soil as needed to complete project.
3 Excavate key, bench, fill and compact to rebuild slope - by utilizing generated soil (by
benching) and imported soil. Excavated soil will temporarily be stockpiled above on
fire access road. Excavation depths limited to no deeper than six feet below existing
elevations of failed slope surface.
4 Trim slope face, and compact face of rebuilt slope by track -walking with D5 dozer.
5. Surface finish rebuilt slope to within plus or minus 5/10 of proposed elevations and tie-
nt to existing perimeter contours.
6. During Construction, and if required due to inclement weather, provide and install
erosion control slope protection (and site protection in general), such as visqueen
plastic and sandbags.
Option
I Provide equipment, labor and material to install a back -drain w/ rock/fabric and 4"
perforated pipe as directed by geotechnical consultant at a unit price of $45.00 per
lineal foot (and 4" outlet pipe at a unit price of S 15.00 per lineal foot).
2. If required to excavate deeper than six feet below existing elevations, Brongo
Construction will excavate, stockpile as necessary, and re -compact at a unit price
of 513.25 / cubic yard Note: This additional work, if required, is limited to no
deeper than twelve feet below existing grade
3. Following construction of slope, and prior to de -mobilization, if requested provide
and install jute netting per a square foot unit cost Unitprice =.45 cents /square
foot
PH (949; 4.40-062? • FAX (9450 4..3,062^ Cn....1-o :33 . Sart Jcaa Cnpstraco • CA 32670
FROM
BRONGO CONSTRUCTION INC
• PHONE NO. : 949 4430620
No,. 04 2003 12:32PM P3
Note:. Not responsible for removal depths greater than six feet deep, obtaining
easement right -a -way, damage to existing irrigation linea, plant replacement, new
irrigation or jute net installment or landscaping of any kind, permits, bond fees, soil
testing, surveying, supply of water, shoring of any kind, engineering, erosion control,
drying of any existing over -optimum soil, removal or disposal of any kind of buried or
hidden debris, damages done to incorrectly marked or unmarked utilities, acts of God or
damage done by others, Also, not responsible for delay in completion of project due to
inclement weather.
The above work is to be done in a workmanlike manner. A payment/progress payment
schedule will be arranged prior to start of work. The undersigned agrees to pay a
service charge of 1.5% per month on the unpaid balance for all charges not paid within ten
(10) clays of the invoice. Price based on one move -on Additional recommendations will
be done on a time and material basis.
Thirty (30) days from date of this proposal, it will become void if not accepted and a
signed copy returned to Brongo Construction Inc, office. Prices are subject to change at
that time and will need to be resubmitted.
This contract will prevail and take precedence when made an integral part of another
contract. In the event that this agreement is placed with an attorney to enforce its
provisions, the prevailing party shall be entitled to reasonable attorney's fees and costs
We propose hereby to furnish material and labor complete - in accordance with the above
specifications for the sum of thirty-eight thousand six hundred dollars ($38,600.00).
Respectfully submitted,
David J. )Burchell
Estimator
Schedule — Start Monday, November 10, 2003 and complete by December 5, 2003
Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the work as specified.
Date of Acceptance Authorized Signature
DJHBCl/03/City0fS .J C.-W.JackGalavlz.(Revised I IA-03)SlopeRepair-PirenccessRoadNewPaseo?aegrino.doe