08-0819_ENVIRONMENTAL CONSTRUCTION INC_Contract CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CITY" and ENVIRONMENTAL CONSTRUCTION. INC. hereinafter
referred to as "CONTRACTOR."
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the
Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion
Affidavit,the Designation of Sub-Contractors,the Contract which is prepared for execution by the
CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard
Specifications for Public Works Construction "Green Book", 2006 Edition, including all
Supplements,Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance
policies and certificates,and any supplemental written agreements amending or extending the scope
of the work originally contemplated that may be required to complete the work in a substantial and
acceptable manner.
SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor,material, equipment,
transportation,and supplies necessary to perform and complete in good and workmanlike manner the
construction of LOS RIOS PARK AND PARKING LOT IMPROVEMENTS in strict conformity
with the Plans, Specifications and all other contract documents,which documents are on file at the
Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California.
THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum
adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the
manner set forth in the Specifications.
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees
to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed
that it would be impractical and extremely difficult to fix the actual amount of damages, and loss
sustained by CITY, should CONTRACTOR fail to complete the work in the specified time;
therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty,
One Thousand Dollars($1,000)per calendar day for each day delayed;provided that extensions of
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time with waiver of liquidated damages, may be granted as provided in the Specifications.
FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR
agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of
all labor and material used under this contract,as required by the laws of the State of California,on
forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent
(100%)of the amount of this contract and shall be conditioned on full and complete performance of
the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1)
year after completion and acceptance. The Labor and Material Bond shall be for an amount of one
hundred percent(100%)of the amount of this contract and shall be conditioned upon full payment of
all Labor and Material entering into or incidental to the work covered by this contract.
CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications.
CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal
services of any attorney representing the CITY in any action brought to enforce or interpret the
obligations of this agreement, and such sums shall be made a part of any judgment in such action
against CONTRACTOR if such action is determined in favor of said CITY. The required
Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay
attorney's fees incurred by CITY in enforcing this agreement.
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of
the State of California, copies of the prevailing rate of per diem wages, as determined by the
Director of the State Department of Industrial Relations,are on file in the Office of the City Clerk,
32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a
part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him,shall pay not
less than the foregoing specified prevailing rates of wages to all workmen employed in the execution
of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability
and property damage insurance naming the CITY and its elected and appointed officials as a named
insured, which such policies shall be of an amount not less than Two Million Dollars combined
single limit. Insurance certificates shall be for a minimum period of one year.
CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage,
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including owned, hired, and non-owned vehicles in the following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/not limited to contractual period;
$2,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
The insurance policies shall bear an endorsement or shall have an attached rider providing that in the
event of expiration of proposed cancellation of such policies for any reason whatsoever,the CITY
shall be notified by registered mail,return receipt requested,giving a sufficient time before the date
thereof to comply with the applicable law or statute but in no event less than 30 days before
expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate
establishing that the required level of insurance has been satisfied.
CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or nature
which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be
imposed upon them or any of them for injury to or death of persons,damage to property as a result
of,or arising out of,or in any manner connected with the performance of the obligations under this
contract.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of
the State of California. It is stipulated and agreed that all provisions of law applicable to public
contracts are a part of this contract to the same extent as though set forth herein and shall be
complied with by CONTRACTOR. These include,but are not limited to,the stipulation that eight
(8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit
Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by
CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such
workman is required or permitted to work more than eight(8)hours in violation of the provisions of
Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as
permitted by law.
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IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY,
pursuant to City Council action, and by CONTRACTOR on the date set before the name of each.
City of San Juan Capj-sVjno
Dated: By:
Joe So ayor
By:
tractor
�yq��ay
License No.
// Classification
AT
PonahLan, ty le
APPROVED AS TO FORM:
Omar Sando 1, City ttomey
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JMw9
32400 PASEO ADElANTO � �A A MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 ILC�� SAM ALLEVATO
(949)493-1177 UfIAIAAAIII THOMAS W.HRI7IAR
(949)493.1053 FAX IfiAIIISAU 1961 MARK NIELSEN
www.sanjuancapistrano.org 1776 JOE SOTO
• • DR.LONDRES USO
TRANSMITTAL
TO:
Environmental Construction, Inc.
21550 Oxnard Street, Suite 1050
Woodland Hills, CA 91367
DATE: September 12, 2008
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
RE: Contract— Los Rios Park and Parking Lot Improvement Project
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please contact
me at (949) 443-6309.
If you have questions concerning the agreement, please contact Khoon Tan, Associate
Engineer (949) 443-6353.
An original agreement is enclosed for your records.
Cc: Khoon Tan, Associate Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
�I Printed on 100°o reryded paper
BOND NO. : 8215-31-93
PREMIUM: $27,732.00
EXECUTED IN TRIPLICATE
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that ENVIRONMENTAL CONSTRUCTION,INC.
as Principal (hereinafter
called "Contractor"), and VIGILANT INSURANCE COMPANY
as Surety(hereinafter called"Surety"),are held and
firmly bound unto the San Juan Capistrano Community Redevelopment Agency, as Obligee
*
(hereinafter called "Agency), in the amount of TWO MILLION NINE HUNDRED FIFTY—THREE THOUSAND
Dollars($ 2,953,842-30 ),for payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors and assigns,jointly and severally, fairly by these
presents. *EIGHT HUNDRED FORTY—TWO AND 30/100
WHEREAS, Contractor has, by written agreement dated
entered into a (describe agreement):
LOS RIOS PARK AND PARKING LOT IMPROVEMENT PROJECT (CIP 465)
which contract is, by reference, made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall
promptly and faithfully perform said agreement, then this obligation shall be null and void;
otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to
require that a demand be made first against the Principal in the event of default.
BE IT FURTHER RESOLVED, that:
I. As a part of the obligation secured hereby, and in addition to the face amount
specified, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
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2. Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or modification of the contract documents or of the work to be
performed thereunder,shall in any way affect its obligations or this bond,and it does hereby waive
notice of any such change,extension of time, alteration, or modification of the contract documents
or of work to be performed there under.
Executed this 27th day of AUGUST 2008 at
RIVERSIDE California.
PRINCIPAL ENVIRONMENTAL CONSTRUCTION, INC.
(1�6TARIZAT16N AND SEAL)
FARID SOROUDI
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
SURETY VIGILANT INSURANCE COMPANY
(NOTARIZATION AND SEAL)
SHAWN BLUME, ATTORNEY-IN-FACT
Premium Included
25
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
n - - - - - - - ---------------
State
- - - - - -State of California
County of LDS ANGELES
OnaZ8 before me, BEVERLY PARRS. NDTARY PuR is
Date Here Insert Name and Title of the Officer
personally appeared FARID SOROUDI
Name(s)of Signers)
who proved to me on the basis of satisfactory evidence to
be the persorl(e)•'whose namqWis/are-subscribed to the
within instrument and acknowledged to me that
hekpekNey.executed the same in his/Aer4heir•authorized
capacity(iee�and that by his4er4Meir signature(s)-on the
Comosisys9t11MN instrument the persons)-or the entity upon behalf of
y tib which the person(s)-acted, executed the instrument.
Los
ham
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESSand and official s al.
r
Signature
Place Notary Seal Ahove Signatur Notary Pudic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General _
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Assatlabon•9350 De Soto Ave.,P.O.aoz 2402•Chats,,dr1h,CA 913132402•w NanonalNotaryorg Item#5907 Reorder:Call Toll-Free 1.600,616-6627
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On I 227 16 g before me, R. CISNEROS "NOTARY PUBLIC"
(Here insert name and line of the officer)
personally appeared SHAWN BLUNE
who proved to me on the basis of satisfactory evidence to be the personlaj whose nameJ,s'Jislare•subscribed to
the within instrument and acknowledged to me that helshefthey executed the same in his/herkheir authorized
capacityfies3, and that by his/hapWilsirsignature.W on the instrument the person(sT or the entity upon behalf of
which the person(,)acted,executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal. R, GISNERQS 9
- - C0MM. #1796916 a
Q '-`�" NOTAJvF IC-CALIFORNIA N
RIVERSIDE COUNTY
Signatures ofNolery Public (Notary Seal) My Comm.Expires June 7,2012
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknnorledgnem completed In Co1jrtnur must comm, nrbiage exaa4, as
DESCRIPTION OF THE ATTACHED DOCUMENT appears abore in the notary section or a separate acktanrledgment form must be
properly completed and attached a that documentThe only exception is if a
document is to be recorded outride of California.In Stich Insanes,any dtern ume
(Title or description of attached document) acknonkdgment n erbiage as may be printed on such a document so long w the
verbiage does nor require the notmy to do something Char is ilkgal for a notary in
California(it. certifying the amhori-ed capacity of the signer). Phrase check the
(Tule ordescription of attached docunum continued) document mrefuilyfwproper notarial n•ording aM mach thtrform If required.
Number of Pages_ Document Date - state and County infinnudion must be the sate and County wine the document
signer(s)personally appeared her=the notary public for acknowledgment.
• Date of noteriralion must be the dale that the sivau(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The rotary public must print his or her name u it appears within his or her
commission followed by a comms and then your tide(notary public).
- Print the name(s)of document signers)who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect lams(i.e.
❑ Individual(s) lalsheldney;is hus)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording
❑ Corporate Officer • The notary seal impression most be clear and phobgaphically reproducible.
Impression must not cover lest or lines.If sed impression smudges,re-steal if a
(Tine) sufficient arcs permits,otherwise complete a different aknowledgmrnt form.
Cl Partner(s) - Sigrm um or the notary public must much the signature on file with the office of
❑ Attome in-Fact the county clerk.
Y' O Additional information is net required but mord help to enure this
❑ Trustee(s) acknowledgment is not misused or attached to a differed document.
❑ Other 4 Indicate tide or type of attached document,number of poems and date.
O Indicate she capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-973-9865 www NuaryClusses.com
BOND NO. : 8215-31-93
PREMIUM: INCLUDED IN PERF.BO
EXECUTED IN TRIPLICATE
LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS: that
WHEREAS, the San Juan Capistrano Community Redevelopment Agency, a municipal
corporation of Orange County, California, has awarded to ENVIRONMENTAL CONSTRUCTION,IC.
License No. , hereinafter designated as "Principal", a contract for
LOS RIOS PARK AND PARKING LOT IMPROVEMENT PROJECT ; and
WHEREAS,said Principal is required to furnish a bond in connection with the said contract
providing that if said Principal,or any of his or its sub-contractors,shall fail to pay for any materials,
provisions,provender or other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind, the surety or this
bond will pay the same.
NOW, THEREFORE, we ENVIRONMENTAL CONSTRUCTION, INC.
,
Principal, and VIGILANT INSURANCE COMPANY , as surety, are
held firmly bound unto the San Juan Capistrano Community Redevelopment Agency, a municipal
corporation, in the penal sum of TWO MILLION NINE HUNDRED FIFTY-THREE DOLLARS
($ 2.953.842.3) lawful money of the United States of America, for payment of which sum well
and truly to be made we bind ourselves,our heirs,executors,administrators and successors,jointly
and severally, firmly by these presents. *THOUSAND EIGHT HUNDRED FORTY-TWO AND 30/100
THE CONDITION OF THIS OBLIGATION is such that,if said Principal,his or its heirs,
executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any
materials,provisions,provender,or teams,or other supplies or equipment used in,upon,for or about
the performance of the work contracted to be done, or for any work or labor done thereon of any
kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor
as required by the provisions of Title 1,Division 5,Chapter 3 of the Government Code of California
as amended,that the surety shall pay for the same in an amount not exceeding the sum specified in
this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by
the court. This bond shall inure to the benefit of any and all persons, companies and corporations
entitled to file claims under said act,so as to give a right of action to them or their assigns in any suit
brought upon this bond.
26
FURTHER,the said surety,for value received,hereby stipulates and agrees that no change,
extension of time, alteration or modification of the contract documents or of the work to be
performed thereunder shall in any way affect its obligation on this bond and it does hereby waive
notice of any such change,extension of time,alteration or modification of the contract documents or
of work to be performed thereunder.
As a part of the obligation secured thereby, and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees,incurred by Agency in successfully enforcing such obligation,all to be taxed as costs
and included in any judgment rendered.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of
which shall for all purposes be deemed an original thereof,have been duly executed by the Principal
and surety herein named on the 27 th day of AUGUST ,200 B .The name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
ENVIRONMENTAL CONSTRUCTION,INC.
PRINCIPAL
By:
FARID SOROUDI
VIGILANT INSURANCE COMPANY
SURETY
APPROVED AS TO FORM: SHAWN BLUME, ATTORNEY—IN—FACT
Omar Sandoval, Agency Attorney
27
f
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LOS ANGELES
On ' before me, BEVERLY PARKS. NOTARY PUBLIC
Dale Here Insert Name and Title of the Officer
personally appeared FARID SOROUDI
Name(s)of Signers)
who proved to me on the basis of satisfactory evidence to
be the persof7Kwhose name(sris/ere�subscribed to the
within instrument and acknowledged to me that
he/she/" executed the same in hisAmmAhek authorized
it101Mf capacity(ia, and that by hisAwOheir signature(&)-on the
fMllrywwc C in 0" S instrument the person(e)-or the entity upon behalf of
611111101011L Awls-2stolt which the person{&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS ind and official sea .
Signature
Place Notary Seal Above Signature of ary Pudic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual ❑ Individual
C7 Corporate Officer—Title(s): ❑Corporate Off icer—Title(s):
C7 Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General
• Attorney in Fact ❑Attorney in Fact
• Trustee Top of thumb here El Trustee Top of thumb here
O Guardian or Conservator ❑Guardian or Conservator
C7 Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association,9350 De Soto Am.,P.O.Box 2402•chahlaorth,CA 9131&2402•w NafionalNOWryorg Item x5907 Reorder Call Tdl-Free 1-800.076-6827
r ti
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On 2"l 0 before me, R. CISNEROS "NOTARY PUBLIC"
(Hem insert mama mail title of the officer)
personally appeared SHAWN BLUME
who proved to me on the basis of satisfactory evidence to be the personA whose nameWis/ar&subscribed to
the within instrument and acknowledged to me that he/shetthcy executed the same in his/ItetMi6r authorized
capacityfies),and that by his/herl heirsignaturejaj on the instrument the pefsoi or the entity upon behalf of
which the person(d)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.
. CISNEROS
WI ES my hand and official seal. MM. #1796916 a
Q%.:OTARY PUBLIC-CALIFORNIA rn
ERSIDE COUNTY
m.Expires June 7,2012 l
Signature of Notary Public (Notary Scary
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any ackno rleagm ent completed In Caq( to must contain verbiage exacdy as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in Lire noa0•section or a separate aeknmuledgmear farm must be
properly completed and marked to that documem, The cern• exception a If a
document is to be recorded marine of Cali f mina.In each raumees,anv ahernmrve
(Title or description of attached document) acknarkdgment verbiage as may be printed an such a doeveem so long air the
rerbage does tat require the Wormy to do something par Is illegal for a uatmy in
Calijomto(i.e. nriJying the awluorixd capacity of the signer). Pkase check the
(Title or description of attached document continued) donumem caref ellyfor proper rararial trordag and attach thisfarm j/reganed.
Number of Pages_ Document Date • State and County information mew be the State and Cou ly where the document
signer(s)personally appeared before the notary public for acknwdedgnttnt
• Dos of notarization mew be the date that the signegs)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public a= print his or her name a it appears within his or her
commission followed by a comma and nen your title(rotary public).
• Print the name(s)of document signer(s)who personally appear at the time of
notarization.
L
CITY CLAIMED BY THE SIGNER a Indicate the correct singular or plural lams by massing off incorrect forms(i.e.
Individual(s) helsheAheyr is awe)or circling the coned forms.Failure a correctly indicate[his
Corporate Officer information may lead to rejection of document recording.
• The notary, seal impression mew be clew and photographically reproducible.
Impression must not cover Wil tar lines. If seal impression smudges,reseal if a
(Title) sufficient area permits,otherwise complete a different acknowledguuenl Aorto.
Partner(s) • Signature of the teary public must match the signature on file with the once of
Aflome in-Fact the county clerk.
y- O Additional information is not required bat could help a mum this
Trustee(s) acknowledgment is nor misused or roweled to a different document.
Other d Indicate tide cr type of Watched document,number of pages cad dare.
fi Indicate the capacity claimed by tie signer. If the claimed capacity is a
corporme officer,indicate the this(i.e.CEO,CFO,Secretary).
Securely attach this document to the signed document
on CAPA v12.10.071100-873-9865 vMw NmrayClm;sssxxsm
C Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
01-RJBB
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,
and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint ROSEMARY CISNEROS,SHAWN BLUME,SUSAN C
MONTEON,MICHAEL D STONG of RIVERSIDE,CALIFORNIA"'
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their
behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in
the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said
bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed
and attested these presents and affixed their corporate seals on this 7th day of October,2004
Edward J k Secretary T.W.Cavanaugh,Vice President (11
STATE OF NEW JERSEY
ss.
County of Somerset
On this 7th day of October,2004 before me,a Notary Public of New Jersey,personally came Edward J. Reilly,to me known to be Assistant
Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed
the foregoing Power of Attorney,and the said Edward J. Reilly,being by me duly sworn,did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals
affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he
signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with T.W.Cavanaugh,and knows him to
be Vice President of said Companies;and that the signature of T.W.Cavanaugh,subscribed to said Power of Attorney is in the genuine handwriting of T.W.
Cavanaugh,and was thereto subscribed by authority of saitl By-Laws and in deponent's presence.
KATHERINE KALBACHER
NOTARY PUBLIC OF NEW JERSEY
a
on XPI rS Jul ���Commission Expiry July 8,-009
CERTIFICATION
Notary Public
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY.and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behax of the Company may and shall be executed in the name and on behalf of the Company,either by the
Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their
respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:
Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company
may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact
for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of
attorney or certificate bearing such facsimile signature or facsimile seal shah be valid and bending upon the Company and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or
undertaking to which It is attached'
I.Edward J.Reilly,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the
"Companies")do hereby cenify that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(i) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of
Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin
Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and
(ii) the foregoing Power of Attorney is true,correct and In full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this 0�/ 7-1 1(9 T-
*
♦
Ir and J.Reilly,AssiVant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY
US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY
Telephone (908)903-3493 Fax (908)903-3656 e-mail: surety&hubb.com
Form 15-10-0225 D-U (Ed.10-02) CONSENT
BOND NO. : 8215-31-93
PREMIUM: $27,732.00
EXECUTED IN TRIPLICATE
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that ENVIRONMENTAL CONSTRUCTION,INC.
_ as Principal (hereinafter
called "Contractor"), and VIGILANT INSURANCE COMPANY
as Surety(hereinafter called"Surety"),are held and
firmly bound unto the San Juan Capistrano Community Redevelopment Agency, as Obligee
*
(hereinafter called "Agency), in the amount of TWO MILLION NINE HUNDRED FIFTY-THREE THOUSAND
Dollars($ 2,953,842-30 ), for payment whereof Contractor and Surety bind themselves,
their heirs. executors, administrators, successors and assigns,jointly and severally, fairly by these
presents. *EIGHT HUNDRED FORTY-TWO AND 30/100
WHEREAS, Contractor has, by written agreement dated
entered into a (describe agreement):
LOS RIOS PARK AND PARKING LOT IMPROVEMENT PROSECT (CIP 465)
which contract is, by reference, made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall
promptly and faithfully perform said agreement, then this obligation shall be null and void;
otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to
require that a demand be made first against the Principal in the event of default.
BE IT FURTHER RESOLVED, that:
I. As a part of the obligation secured hereby, and in addition to the face amount
specified, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
24
2. Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or modification of the contract documents or of the work to be
performed thereunder,shall in any way affect its obligations or this bond,and it does hereby waive
notice of any such change,extension of time, alteration, or modification of the contract documents
or of work to be performed there under.
Executed this 27th day of AUGUST 2008 at
RIVERSIDE California.
PRINCIPAL ENVIRONMENTAL CONSTRUCTION, INC.
(N ARIZATIO AND SEAL)
FARID SOROUDI
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
SURETY VIGILANT INSURANCE COMPANY
(NOTARIZATION AND SEAL)
SHAWN BLUME, ATTORNEY—IN—FACT
Premium Included
25
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LOS ANGELES
On before me, BEVERLY PARS, NOTARY PAIBI.Ic
Date Here Insert Name and Title of the Officer
personally appeared FARAD SOROUDI
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persop(<whose namo(s`)'is/are-subscribed to the
within instrument and acknowledged to me that
he/sheAhey executed the same in his/h@FAkeir authorized
KCWLMW:iaW
capacityNes)-and that by his/perftheir signature(s}on the
11110M�1 instrument the persort(e)• or the entity upon behalf of
NewryCdvww j which the persort(e)-acted, executed the instrument.
Cm*
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m hand and of'' ial se I.
Place Notary Seal Above Signature Signature 1 olery Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General
:-
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Nnlary Association-9350 De Soto Ave.,P.O.Sox2402-Chaunetrttl,CA 91313-2402,w NationalNoferyorg Item#5907 Reorder:Call Tol-Fall-tIDPB166B27
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
OnZ'l 0 before me, R. CISNEROS "NOTARY PUBLIC"
(Here insert name and title of the officer)
personally appeared SHAWN BLUME
who proved to me on the basis of satisfactory evidence to be the personA whose nameWis/are-subscribed to
the within instrument and acknowledged to me that he/shehhey executed the same in his/herkheir authorized
capacityfi*,and that by his/he;4heii-signaturef aj on the instrument the personW,, or the entity upon behalf of
which the person(al 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. R. CISNEROS
COMM. #1796916 n
ti
NOTARY PUBLIC-CALIFORNIA T
L RIVERSIDE COUNTY
Signature Notary Public (Notary Seal) My Comm.Expires June 7,20'12
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknorledgntent completed in Callfarnia mwr contain verbiage exacth, as
DESCRIPTION OF THE ATTACHED DOCUMENT appears abore in dere notary section or a separate ack i npiedliment form nnasr be
properly completed and anached to that docmmem. 77c only exception is If a
danmtent Is to be recorded outside rnfCaliforaia.In such tmtances•am-ahernaem
(Title or description of attached document) acknowledgment trrbiage as ntay be primed on such a document so long as the
rerbiage does ami regdre fie notary to do somedtit Ann is illegal for a notary in
Cablinnk ft.e. cenfying tine amlmri_ed copachy of the signer). Please cluck the
(Title or description of attached document continued) document corefillyforproper notarial wording and attach thisfarm if required
Number of Pages_ Document Date • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Dote of notarization must be the date that the signer(s)personally appeared which
most also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your tide(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the canner singular In plum] forms by erring our incorrect frons(i.c.
❑ Individual(s) hdslre/tMy is/we)or circling the co ec forms.Failure to correctly indicate this
information may lead to rejection of document recording;.
❑ Corporate Officer • The notary seal impression must be clew and photographically repmducNe.
Impression must not cover text or lines.If sed impression smudges,re-scal if a
(Title) suf iiciam arm permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact O Additional information is not required but could help to emcee this
❑ Trustee(s) acknowledgment is not misused or attached to a different doam¢nt.
❑ Other Zs Indicate title w type of attached document,number of pages and date.
4 Indicate the capacity claimed by the Signer.If the claimed capacity is a
corporate agar,indicate the title(i.c.CEO,CFO,Secretary)t
• Securely attach this document to the signed document
2008 Vemion CAPA v 12.10.07 800-873-9865 www.Nou yClosses.rom
BOND NO. : 8215-31-93
PREMIUM: INCLUDED IN PERF.BONC
EXECUTED IN TRIPLICATE
LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS: that
WHEREAS, the San Juan Capistrano Community Redevelopment Agency, a municipal
corporation of Orange County, California, has awarded to ENVIRONMENTAL CONSTRUCTION,IN C.
License No. , hereinafter designated as "Principal", a contract for
LOS RIOS PARK AND PARKING LOT IMPROVEMENT PROJECT ; and
WHEREAS,said Principal is required to furnish a bond in connection with the said contract
providing that if said Principal,or any of his or its sub-contractors,shall fail to pay for any materials,
provisions,provender or other supplies or teams used in, upon,for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind, the surety or this
bond will pay the same.
NOW, THEREFORE, we ENVIRONMENTAL CONSTRUCTION, INC.
Principal, and VIGILANT INSURANCE COMPANY , as surety, are
held firmly bound unto the San Juan Capistrano Community Redevelopment Agency,a municipal
*
corporation,in the penal sum of TWO MILLION NINE HUNDRED FIFTY-THREE DOLLARS
($ 2.953 842.3) lawful money of the United States of America,for payment of which sum well
and truly to be made we bind ourselves,our heirs,executors,administrators and successors,jointly
and severally, firmly by these presents. *THOUSAND EIGHT HUNDRED FORTY-TWO AND 30/100
THE CONDITION OF THIS OBLIGATION is such that,if said Principal,his or its heirs,
executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any
materials,provisions,provender,or teams,or other supplies or equipment used in,upon,for or about
the performance of the work contracted to be done, or for any work or labor done thereon of any
kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor
as required by the provisions of Title 1,Division 5,Chapter 3 of the Government Code of California
as amended,that the surety shal I pay for the same in an amount not exceeding the sum specified in
this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by
the court. This bond shall inure to the benefit of any and all persons, companies and corporations
entitled to file claims under said act,so as to give a right of action to them or their assigns in any suit
brought upon this bond.
26
FURTHER,the said surety,for value received,hereby stipulates and agrees that no change,
extension of time, alteration or modification of the contract documents or of the work to be
performed thereunder shall in any way affect its obligation on this bond and it does hereby waive
notice of any such change,extension of time,alteration or modification of the contract documents or
of work to be performed thereunder.
As a part of the obligation secured thereby, and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees,incurred by Agency in successfully enforcing such obligation,all to be taxed as costs
and included in any judgment rendered.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of
which shall for all purposes be deemed an original thereof,have been duly executed by the Principal
and surety herein named on the 27th day of AUGUST ,200 8 . The name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
ENVIRONMENTAL CONSTRUCTION,INC.
PRINCIPAL
BY
/ARIDSOROUDI
VIGILANT INSURANCE COMPANY
SURETY
APPROVED AS TO FORM: ` SHAWN BLUME, ATTORNEY-IN-FACT
Omar Sandoval, Agency Attorney
27
CALIFORNIA ALL-PURPOSE_ _ _ _ _ _ _A_C_K_N_O_WL_E_D_G_M_E_N_T
State of California
County of LOS ANGELES
On before me, BEVERLY PARKS, NOTARY P[IBLIC
Date Here Insert Name and Title of the officer
personally appeared FARID SOROUDI
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persorA&)-whose nameKis/are-subscribed to the
within instrument and acknowledged to me that
hefoheAlieyr executed the same in his/heeitheir-authorized
l capacity(iesj; and that by his/keNMifeir signature("n the
GW N "1 iMMdt instrument the person(-s�or the entity upon behalf of
"�ICS which the persora(o acted, executed the instrument.
id 1&26111
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS,4ynhand and official
Signature
Place Notary Seal Above Signatu f Notary Public
OPTIONAL a
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association,9350 De Sora Ave.,P.O.Boz 2402•Chatswnnh,CA 91313-2402•w .NationalNotaryorg Itemr597 Reorder.CallTNI-Free1-800-876-6627
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIIVERSIDE
On o Z 1 t 4 before me, R. CISNEROS "NOTARY PUBLIC"
(Here insert came and title of the officer)
personally appeared SHAWN BLUNE
who proved to me on the basis of satisfactory evidence to be the personA whose nameW is/•ar.-subscribed to
the within instrument and acknowledged to me that he/shefthey executed the same in his/herMieir authorized
capacity(ies), and that by his/hoWsheir-signatureW on the instrument the personal, or the entity upon behalf of
which the persona acted,executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. �G '
WI SS my hand and official seal. SCISNEROSY
COMM. #1796916 a
/ ,� ' _ •,� Q 't
NOTARY PUBLIC-CALIFORNIARIVEy
CommExpiCOUNTY
res
June
Signture ofNoury Public (Notary Seal) My omm.Expires June72012
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Aro• acbmuledgmem completed in Calformo must contain verbiage exacdy as
DESCRIPTION OF THE ATTACHED DOCUMENT appears abore in flu notary section or a separate ackmmvkdgmem form most be
properly completed and attached to that document The otrly exception is f a
document is to be recorded outside of California.in such instancesany alternative
(Title or description ofatlached documenp acknorriedgment verbiage as may be printed on such a document so long ar the
verbiage does trot require she notary to do something stat U ilkgal far a notary in
Coliforms ll.e. cenfytng to awharced capacity of the signer). Pkasr check the
(Title or description of anecheddocument continued) document carejullyjorproper notarial warding and attach dtsforo frnpored.
Number of es PaB _ Document Date • stale and County information most be the State and County where the document
signer(s)personally appeared before the notary public fer acknowledgment.
• Date of notarization must be the data that the signals)personally appeared which
most also he the sane date the acknowledgment is completed.
(Additional information) • The notary public must prim his or her rare u it appears within his or her
commission followed by a comma and then your tide(rotary public).
• Prim the name(s)of document signets)who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural lams by crossing off incorrect farms(i.e.
❑ Individual(s) helshchhey-is law)m circling the correct forms.Failure to correctly indicate this
inflemation may lead to rejection of document recording.
❑ Corporate Officer • The rotary seal impression most be clew and photographically reproducible
Impression must not cover text or line.If sed impression smudges,re-seal if a
(Title) sufficient arca permits,otherwise complete a diffenem ackrawdedgment form.
❑ Partner(s) • Signature of the nary public must match the signature on ale with the office of
❑ Attome in-Fact the county clerk.
Y- 3 Additional information is sal required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other 8 Indicate tide or type of attacked docrmrent,number of page and date.
4 Indican the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretay).
• Securely roach this document to the signed document
2008 Version CAPA v 12.10.07 800-873-9865 www.NoaryClosses.com
C Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Sure/ ATTORNEY Pacific Indemnity Company Warren, NJ 07059
ONU®B
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,
and PACIFIC INDEMNITY COMPANY,a Wisconsin corporal ion,do each hereby constilute and appoint ROSEMARY CISNEROS,SHAWN BLUME,SUSAN C
MONTEON,MICHAEL D STONG of RIVERSIDE,CALIFORNIA—
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their
behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in
the course of business,and any Instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said
bonds w obligations.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed
and attested these presents and affixed their corporate seals on this 71h day of October,2004
Edward J.Reily,As ant Secretary T.W.Cavanaugh,Vice President
STATE OF NEW JERSEY
ss.
County of Somerset
On this 7th day of October,2004 before me,a Notary Public of New Jersey,personally came Edward J.Reilly,to me known to be Assistant
Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed
the foregoing Power of Attorney,and the said Edward J. Reilly,being by me duly sworn,did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals
affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of saki Companies; and that he
signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he's acquainted with T.W.Cavanaugh,and knows him to
be Vice President of said Companies;and that the signature of T.W.Cavanaugh,subscribed to said Power of Attorney is in the genuine handwriting of T.W.
Cavanaugh,and was thereto subscribed by authority of said By-Laws and in deponent's presence.
KATHERINE KALBACHER
NOTARY PUBLIC OF NEW JERSEY
i� Npl 9 No. 431668l
.ems.q9i a Commission Expiry July 8,2�
1� GB � S
�FRSEY a� CERTIFICATION Notary Public
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the
Chairman or the President or a Vice President or an Assistant Vice Presiders,jointly with the Secretary or an Assistant Secretary,under their
respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:
Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company
may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact
for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of
attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certifled by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or
undertaking to which it is attached."
I,Edward J.Reilly,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the
"Companies")do hereby certify that
() the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of
Columbia and are authorized by the U.S.Treaswy Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin
Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and
(iii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this
000 v
and J.Reilly,Assi ant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY
US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY
Telephone (908)903-3493 Fax (908)903-3656 e-mail: suretya&hubb.com
Form 15-10-0225 D-U (Ed.10-02) CONSENT
8/19/2008
AGENDA REPORT G 1 a
TO: Dave Adams, City Manager
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Award of Contract for The Los Rios Park and Parking Lot
Improvement Project and Approval of Personal Services Agreements for
Construction Support Services With Lawson & Associates Geotechnical
Consulting (LGC), PCR Services Corporation Associates (PCR), Moore
lacofano Goltsman, Inc. (MIG), David Volz Design (DVD), and Barbara Butler
Artist-Builder, Inc. (BBAB). (Environmental Construction, Inc.)(CIP No. 465)
City Council Priority No. 17A
RECOMMENDATION
By motion,
1. Award the contract for the Los Rios Park and Parking Lot Improvement Project (CIP
No.465)to the low responsible bidder, Environmental Construction, Inc., in the amount
of$2,930,592.80, and reject all other bids; and,
2. Approve Personal Service Agreements with Lawson & Associates Geotechnical
Consulting, PCR Services Corporation Associates, Moore lacofano Goltsmans, Inc.,
David Volz Design, and Barbara Butler Artist-Builder, Inc. for construction support
services in the total amount of$254,340.
SITUATION
A. Summary and Recommendation
Bids opened on June 17, 2008, for the Los Rios Park and Parking Lot Improvement
Project. Bids are valid until September 15, 2008, a period of ninety(90) days from
the opening date.
Staff is recommending that the City Council award the contract to the low
responsible bidder, Environmental Construction, Inc., in the amount of
$2,930,592.80, and approve the Personal Services Agreements with LGC, PCR,
MIG, DVD, and BBAB for construction support services in the combined,amount of
$254,340 as specifically provided below.
B. Background
On May 6, 2008, City Council approved the Plans and Specifications for the Los
Agenda Report August 19, 2008
Page 2
receive bids for construction. A total of twelve(12)bids were received with the three
lowest bids listed as follows:
Environmental Construction, Inc. $2,880,529.80
Metro Builders $2,995,618.26
Zusser Company, Inc. $3,059,505.30
R.M Electrical, CME Masonry, Fence Corp., SM Scott Michael, Golden State
Framers, and Mesa Roofing were listed as subcontractors for the low responsible
bidder, Environmental Construction, Inc.
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
On April 4, 2006, City Council approved the Los Rios Park Master Plan and directed staff
to prepare construction plans and specifications for the project. Over the last year, the
conceptual designs and detailed plans have been reviewed by the Design Review
Committee, Parks, Recreation & Equestrian Commission, Cultural Heritage Commission
and Planning Commission. On August 21, 2007, City Council reviewed the comments and
recommendations by City Commissions and Committees and directed staff to proceed with
development of project construction plans and specifications. On May 6, 2008, City Council
approved the Plans and Specifications for the project and directed staff to advertise and
received bids for construction.
FINANCIAL CONSIDERATIONS
A total of$3,535,000 is budgeted for construction in CIP account number 12-65300-4713-
465 for FY 2007-2008. Funding in this account is made up of the following:
• 2002 Resources Bond Act Per Capita Grant Program $ 220,000
• 2002 Resources Bond Act Roberti-Z'berg-Harris Block Grant $ 93,963
• Community Redevelopment Agency (CRA) $ 1,250,000
• Community Facility District (CFD) $ 1,000,000
• Parks & Recreation $ 971,037
In addition to Environmental Construction's base bid of $2,880,529.80, staff is
recommending the inclusion of bid alternates (or"add items") in the amount of$50,063 as
part of the project for a total contract amount of $2,930,592.80, as follows:
• Equestrian fencing $ 24,063
• Secondary irrigation system $ 26,000
Due to limited funding, the following bid alternates are deferred from construction at this
time. Component items may be added in the latter part of construction depending on
available contingency funds for this project:
Agenda Report August 19, 2008
Page 3
• Arbors ("C", "D", and "E")
• Landscape boulders ("R1", "R2", and "R3" boulders)
Staff is also recommending the following construction support services to complement staff
inspection and review of the project, and for the fabrication, delivery, installation, and
certification of a play structure in the total amount of$254,340 to be included as part of the
project:
• Geotechnical (LGC) $ 13,510
• Archeologist & Native American Monitor (PCR) $ 53,710
• ADA Inspector/Certification (MIG) $ 11,280
• Landscape / Civil / Electrical Consultants (DVD) $ 35,940
• Barbara Butler Artist-Builder, Inc. (BBAB) $ 139,900
Related development permit and other fees / charges in the total amount of$160,764 for
the construction of this project are as follows:
• Recycled Water Development Charges $ 12,870
• Domestic Water Development Charges $ 94,444
• Grading, Landscaping & Building Permit Fee $ 200
• Sewer Connection Fee $ 4,075
• Drainage Fee $ 4,175
• Project Administration / Construction Management / Inspection $ 45,000
In summary, a total funding of about $3,345,697 will be needed to construct the project.
Based on available project funds of about$3,454,000 (as of June 30, 2008), a contingency
fund of approximately $108,303 (about 3.8% of the base bid amount) is available to
address any unforeseen circumstance(s) that may arise during construction.
Future maintenance costs for the Los Rios Park and parking lot facilities will be assessed
after completion of the project.
NOTIFICATION
CAL-PAC Engineering Company, Inc.
Landmark Site Contractors
SMC Construction Company
Metro Builders & Engineers Group, Ltd.
C.S. Legacy Construction, Inc.
Pima Corporation
Zusser Company, Inc.
Agenda Report August 19, 2008
Page 4
Great West Contractors, Inc.
Park West Landscape, Inc.
Los Angeles Engineering, Inc..
Bluefin Construction, Inc.
Environmental Construction, Inc.
Lawson & Associates Geotechnical Consulting, Inc.
PCR Services Corporation
Moore lacofano Goltsman, Inc.
David Volz Design
Barbara Butler Artist-Builder, Inc
RECOMMENDATION
By motion,
1. Award the contract for the Los Rios Park and Parking Lot Improvement Project (CIP
465) to the low responsible bidder, Environmental Construction, Inc., in the amount of
$2,930,592.80, and reject all other bids; and,
2. Approve Personal Service Agreements with Lawson & Associates Geotechnical
Consulting, PCR Services Corporation Associates, Moore lacofano Goltsmans, Inc.,
David Volz Design, and Barbara Butler Artist-Builder, Inc. for construction support
services in the total amount of$254,400.
Respectfully submitted: Prepared by:
Nasser Abbaszadeh, P.E. Khoon Tan, P.E.
Public Works Director Associate Engineer
Attachment(s): 1. Contract (Environmental Construction, Inc.)
2. Personal Services Agreements (LGC, PCR, MIG, DVD and BBAB)
3. Location Map
CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CITY" and ENVIRONMENTAL CONSTRUCTION INC, hereinafter
referred to as "CONTRACTOR."
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the
Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion
Affidavit,the Designation of Sub-Contractors,the Contract which is prepared for execution by the
CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard
Specifications for Public Works Construction "Green Book", 2006 Edition, including all
Supplements,Contract Bonds,Resolutions adopted by the CITY pertaining to the work, insurance
policies and certificates,and any supplemental written agreements amending or extending the scope
of the work originally contemplated that may be required to complete the work in a substantial and
acceptable manner.
SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor,material,equipment,
transportation,and supplies necessary to perform and complete in good and workmanlike manner the
construction of LOS RIOS PARK AND PARKING LOT IMPROVEMENTS in strict conformity
with the Plans, Specifications and all other contract documents,which documents are on file at the
Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California.
THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum
adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the
manner set forth in the Specifications.
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees
to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed
that it would be impractical and extremely difficult to fix the actual amount of damages, and loss
sustained by CITY, should CONTRACTOR fail to complete the work in the specified time;
therefore, CONTRACTOR shall pay CITY, as liquidated damages,not in the nature of a penalty,
One Thousand Dollars($1,000)per calendar day for each day delayed;provided that extensions of
C-1
ATTACHMENT
time with waiver of liquidated damages, may be granted as provided in the Specifications.
FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR
agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of
all labor and material used under this contract,as required by the laws of the State of California,on
forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent
(100%)of the amount of this contract and shall be conditioned on full and complete performance of
the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1)
year after completion and acceptance. The Labor and Material Bond shall be for an amount of one
hundred percent(100%)of the amount of this contract and shall be conditioned upon full payment of
all Labor and Material entering into or incidental to the work covered by this contract.
CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications.
CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal
services of any attorney representing the CITY in any action brought to enforce or interpret the
obligations of this agreement, and such sums shall be made a part of any judgment in such action
against CONTRACTOR if such action is determined in favor of said CITY. The required
Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay
attorney's fees incurred by CITY in enforcing this agreement.
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of
the State of California, copies of the prevailing rate of per diem wages, as determined by the
Director of the State Department of Industrial Relations,are on file in the Office of the City Clerk,
32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a
part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him,shall pay not
less than the foregoing specified prevailing rates of wages to all workmen employed in the execution
of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability
and property damage insurance naming the CITY and its elected and appointed officials as a named
insured, which such policies shall be of an amount not less than Two Million Dollars combined
single limit. Insurance certificates shall be for a minimum period of one year.
CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage,
C-2
including owned, hired, and non-owned vehicles in the following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/not limited to contractual period;
$2,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
The insurance policies shall bear an endorsement or shall have an attached rider providing that in the
event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY
shall be notified by registered mail,return receipt requested,giving a sufficient time before the date
thereof to comply with the applicable law or statute but in no event less than 30 days before
expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate
establishing that the required level of insurance has been satisfied.
CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or nature
which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be
imposed upon them or any of them for injury to or death of persons, damage to property as a result
of,or arising out of,or in any manner connected with the performance of the obligations under this
contract.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of
the State of California. It is stipulated and agreed that all provisions of law applicable to public
contracts are a part of this contract to the same extent as though set forth herein and shall be
complied with by CONTRACTOR. These include,but are not limited to,the stipulation that eight
(8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit
Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by
CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such
workman is required or permitted to work more than eight(8)hours in violation of the provisions of
Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as
permitted by law.
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IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY,
pursuant to City Council action, and by CONTRACTOR on the date set before the name of each.
City of San Juan Capistrano
Dated: By:
Joe Soto,Mayor
By:
tractor
License No.
g, Ci a-4-
Classification
ATTEST:
Margaret R Monahan, City Clerk
APPROVED AS TO FORM:
Omar Sandodh1, City ttorney
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ATTACHMENT 2
The Personal Service Agreements for the
following item are available for review at the
City Clerks office:
Lawson & Associate Geotechnical Consulting
PCR Services Corporation Associates
Moore lacofano Goltsman , Inc.
David Volz Design
Barbara Butler Artist-Builder
THE CITY OF
SAN JUAN CAPISTRANO
LOS RIOS PARK SITE
} p a
f�
&- LOS RIOS PARK
a AND PARKING LOT PROJECT
(CIP NO. 4651
0 3000 6000 9000 Feet
i
ATTACHMENT
8/19/2008
Gla
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 19th day
of August, 2008, by and between the City of San Juan Capistrano (hereinafter referred to
as the"City") and PCR Services Corporation (hereinafter referred to as the"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to conduct
Archeological and Native American monitoring services for the Los Rios Park&Parking Lot
Improvement Project located within the City's historic Los Rios District; 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 the City shall consist of those tasks as set
forth in Exhibit"A", attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall. commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to 15 days notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Fifty Three
Thousand Seven Hundred and Ten Dollars ($53,710) as set forth in Exhibit "A", attached
and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period as
determined by the City Engineer. The City will pay monthly progress payments based on
approved invoices in accordance with this Section.
1
Attachment 2
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City,the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
2
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.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City copies of work
as set forth in Exhibit"A". All reports submitted to the City shall be in reproducible format,
or in the format otherwise approved by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
3
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-Class
VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single.limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
4
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancel lation/Term!nation of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty(30)days'written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed"verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
5
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Khoon Tan, P.E.
To Consultant: PCR Services Corporation
One Venture, Suite 150
Irvine CA 92618
Attn: Marcy Rockman, Ph.D., RPA
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Joe Soto, Mayor
PCR SERVICES CORPORATION
By: (4q,&-
RR A
Steven G. Nelson
ATTEST: Senior Vice President
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
Omar Sand Nal, City Attorney
7
EXHIBIT "A"
June 4, 2008
David Contreras, Associate Planner
CITY OF SAN JUAN CAPISTRANO
Planning Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: PROPOSAL TO CONDUCT ARCHAEOLOGICAL MONITORING SERVICES OF
THE LOS RIOS PARK SITE (6.97 ACRES), CITY OF SAN JUAN CAPISTRANO,
ORANGE COUNTY, CALIFORNIA
Dear Mr. Contreras:
PCR Services Corporation (PCR) appreciates the opportunity to provide the City of San
Juan Capistrano (City) with this proposal to conduct archaeological monitoring services for the
above-referenced project. We have prepared an itemized Scope of Work, Budget, and Schedule
based on the project information you provided. Per your request, this Scope of Work includes
Native American monitoring services and supersedes two previous scopes and budgets submitted to
the City on February 27 and May 27, 2008. All work will be performed or coordinated by qualified
PCR staff archaeologists who are experienced in Orange County archaeology.
The estimated budget for archaeological monitoring at the above-referenced project is
approximately $53,710, including Native American subcontracting expenses and direct expenses
billed in accordance with the PCR Direct Expenses and Billing Terms included at the end of this
proposal. If this proposal, and the terms and conditions contained herein, are acceptable to you,
please indicate your authorization and return one signed copy to us for our files. If you have any
questions, please Marcy Rockmart at (310) 451-4488 or via email at m.rockman@pcmet.com.
Thank you for your consideration.
Sincerely,
PCR SERVICES CORPORATION
MarRockman, Ph.D., RPA
Acting Director/Principal Archaeologist
Attachment
One venture, suite 150, Irvine, California 92618 INTERNET www.pernet.com TEL 949.753.7001 FAX 949.753.7002
David Contreras, Associate Planner
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 2 NF=
SCOPE OF WORK AND BUDGET
PROJECT UNDERSTANDING
The following scope of work has been prepared to assist the City with archaeological
monitoring services during planned grading and excavation operations at the Los Rios Park Project
(project site) located in the City of San Juan Capistrano (City), California. The planned grading and
excavation operations include trenching for multiple piping systems (water, sewer, etc.), grading of
the entire site, as well as excavations to transplant 36 boxed trees. PCR understands that ground
disturbing work requiring monitoring is anticipated to last for 90 days (18 weeks), with an
anticipated intensity of 20 hours of monitoring per week. The scope of work includes project
management, archaeological and Native American monitoring, and reporting. Analysis and curation
of any cultural resources recovered during monitoring will covered under a separate future scope of
work, if resources are identified. Specific task details and cost estimates are as follows:
Task 1: Archaeological Project Management
PCR will provide a qualified archaeologist to oversee monitoring of grading and excavation
activities at the project site. A qualified archaeologist is defined as meeting the Secretary of the
Interior Professional Qualification Standards for Archaeology, an industry-wide standard. The
archaeologist will attend a pre-grade conference and develop a monitoring plan. This plan will
include procedures for temporarily halting or redirecting work to permit sampling, identification,
and evaluation of resources, as appropriate. This plan will be communicated to the archaeological
monitor, on-site construction staff, and the City.
The estimated cost for this task includes attendance at the pre-grade conference, preparation
of the monitoring plan, oversight of the archaeological monitoring, and project-related management
and coordination with the City. Project management may vary weekly, pending excavation and
monitoring schedules. The cost estimate below is based on an average of three (3) hours per week
for the 90-day (18-week) duration of the project. The cost estimate includes related direct expenses,
such as mileage to and from the pre-grade conference. If less management time is required, the
remaining balance will not be billed. If resources are identified during monitoring that require
additional evaluation and coordination, PCR will provide a supplemental cost estimate. PCR will
not exceed the amount below without prior approval from the City.
Estimated Cost: $6,800
David Contreras, Associate Planner
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 3 NP=
Task 2: Archaeological Monitoring
PCR will provide a monitor qualified to identify archaeological resources. The monitor will
observe all ground-disturbing activities and will follow the monitoring plan established by the
archaeologist(Task 1, above) in the event that cultural resources are identified.
The estimated cost below is based on one archaeological monitor at the rate of$53 per hour
for an average of 20 hours per week plus associated direct costs such as mileage between PCR's
Irvine office and the project site for the duration of approximately 90 days. If excavation plans
require additional monitors, PCR will provide a second archaeological monitor at the rate of$96 per '
hour. If less monitoring effort is required, the remaining balance will not be billed. If excavation
plans require a more intensive monitoring schedule and/or extend beyond the anticipated 90-day
schedule, or if archaeological resources are identified during monitoring that require additional
evaluation or work, PCR will contact the City and submit an additional cost estimate. PCR will not
exceed the estimated cost below without notifying the City.
Estimated Cost: $19,800
Task 3: Native American Monitoring
Per request of the City, PCR will coordinate Native American monitoring of the Project.
Recent correspondence with the Native American Heritage Commission has determined that six
Native American groups are known to be affiliated with the project site and vicinity. PCR will
consult with these groups with the objective of identifying an appropriate Native American monitor.
Alternately, a schedule of monitors from two or more groups may be developed. Recent reported
Native American monitoring rates for the vicinity of the City range from $45 to $80-$100/hour.
PCR will endeavor to organize monitoring such that the hourly rate is approximately $45/hour. If
Native American input is received such that incorporation of some Native American monitoring
services at a higher rate is the best practice for the project, PCR will review this approach with the
City and develop a supplemental scope for the related costs. Estimated costs below are based on
Native American monitoring at $45/hour per the schedule described in Task 2, above (20 hours per
week for 18 weeks), and approximately four hours per week of project management by senior staff.
Project management may be conducted by Native American staff or PCR staff, as necessary and
appropriate. As noted in Tasks 1 and 2 above, if less monitoring or coordination effort is required,
the remaining balance will not be billed. If excavation plans require a more intensive or extended
schedule, or if resources are identified during monitoring that require additional evaluation or work,
PCR will contact the City and submit an additional cost estimate.
Estimated Cost: $25,610
David Contreras, Associate Planner .
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 4
Task 4: Monitoring Report
Upon completion of the archaeological monitoring, PCR will prepare a letter report that
includes a project area map. This report shall address whether or not potentially significant cultural
resources were encountered. The cost estimate for this task assumes a "negative findings" letter
report. If archaeological materials are uncovered during monitoring that require additional analysis
and documentation, such as description on a California Department of Parks and Recreation (DPR)
site form which is the standard for submission of archaeological information to the California
Historical Resources Information System, PCR will contact the City and submit an additional cost
estimate.
Estimated Cost: $1,500
Task 5: Participate in Project-related Meetings and Updates
PCR also will be available to attend and participate in project-related meetings and respond
to project updates, if requested by the City. For purposes of this proposal, we have not estimated a
cost but will make available the appropriate senior staff on a Time and Materials basis.
Estimated Cost: T&M
Total Estimated Cost: $53,710
David Contreras, Associate Planner
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 5
SCHEDULE
The time frames indicated below shall begin immediately upon our receipt of this signed
contract agreement.
Task 1: Project Management Begins with pre-grade meeting, then through week 18
Task 2: Archaeological Monitoring Weeks 1-18
Task 3: Native American Monitoring Weeks 1-18
Task 4: Monitoring Report 2 weeks after completion of monitoring
Task 5: Participate in Project-related Ongoing
Meetings and Updates
Deliverable Products:
PCR will provide the City with the following deliverable products-resulting from the
activities outlined in this scope of work:
1. One (1) electronic and two (2) printed copies of the report on archaeological monitoring
at Los Rios Park. One additional copy of the report will be submitted to the California
Historical Resources Information System South Central Coastal Information Center at
California State University, Fullerton.
ACCEPTANCE AND AUTHORIZATION
If this proposal meets with your approval, please sign this letter and return a copy to us for
our records.
Accepted and approved:
CITY OF SAN JUAN CAPISTRANO
By:
Date:
Additional copies will be billed on a cost plus/0%basis.
David Contreras,Associate Planner
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 6
PCR 2008 BILLING RATES AND EXPENSE CHARGES
PROFESSIONAL TIME
Environmental Planning& Documentation
President....................................................................................................................$296.00
Director/Principal......................................................................................................$210.00
Principal....................................................................................................................$189.00
AssociatePrincipal ...................................................................................................$168.00
PrincipalPlanner.......................................................................................................$154.00
SeniorPlanner...........................................................................................................$121.00
Planner......................................................................................................................$109.00
AssociatePlanner........................................................................................................$96.00
AssistantPlanner.........................................................................................................$84.00
Biological Services
Principal/Director......................................................................................................$240.00
Associate Principal ...................................................................................................$168.00
PrincipalBiologist....................................................................................................$152.00
SeniorBiologist........................................................................................................$121.00
Biologist....................................................................................................................$109.00
AssociateBiologist.....................................................................................................$96.00
AssistantBiologist......................................................................................................$84.00
Air Ouality Services
Director.....................................................................................................................$173.00
Associate Director.....................................................................................................$153.00
Principal Engineer/Scientist......................................................................................$139.00
Senior Engineer/Scientist..........................................................................................$126.00
Engineer/Scientist.....................................................................................................$109.00
Associate Engineer/Scientist......................................................................................$96.00
Assistant Engineer/Scientist.......................................................................................$84.00
Air Quality Technician...............................................................................................$53.00
Environmental &Architectural Acoustics
Director.............................................................................:.......................................$204.00
Principal Acoustics Consultant.................................................................................$188.00
Senior Engineer/Scientist..........................................................................................$126.00
Engineer/Scientist.....................................................................................................$109.00
Associate Engineer/Scientist ......................................................................................$96.00
Assistant Engineer/Scientist.......................................................................................$84.00
David Contreras,Associate Planner
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 7
Cultural Resources Manasement
Director.....................................................................................................................$179.00
Principal Historian/Archaeologist/Paleontologist.....................................................$151.00
Senior Historian/Archaeologist/Paleontologist.........................................................$126.00
Historian/Archaeologist/Paleontologist....................................................................$109.00
Associate Historian/Archaeologist/Paleontologist.....................................................$96.00
Assistant Historian/Archaeologist/Paleontologist......................................................$84.00
Historical/Archaeological/Paleontological Technician..............................................$53.00
Support
Senior GIS Specialist................................................................................................$109.00
GISSpecialist.............................................................................................................$89.00
GraphicsSpecialist.....................................................................................................$89.00
Publications Specialist................................................................................................$79.00
Production Specialist..................................................................................................$74.00
DIRECT EXPENSES
Direct expenses will be billed at 110 percent of actual cost, including but not limited to the
following:
• Retention of subcontractors.
• Purchase or rental of project materials and special supplies.
• Reproduction,printing and photographic costs.
• Postage, delivery, telephone and other communication costs when requested or
approved by client.
• Project-related mileage necessarily incurred.
BILLING TERMS
• Unless other contractual terms are agreed upon, PCR invoices on a monthly basis and
expects payment 30 days from date of invoice.
• PCR's scheduling commitments are made and taken seriously. However, PCR
reserves the right to modify performance schedules in instances where payment of
PCR invoices falls behind agreed-upon terms.
• PCR recalibrates its billing rates for professional time at the beginning of each
calendar year and reserves the right to raise its billing rates for one or more
professional categories by no more than 5 percent twelve months following project
initiation.
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 1 gth day
of August, 2008, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and Lawson & Associates Geotechnical Consulting, Inc. (hereinafter
referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to provide geotechnical
observation and testing services for the Los Rios Park & Parking Lot Improvement Project
located within the City's historic Los Rios District; 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 the City shall consist of those tasks as set
forth in Exhibit'A," attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to 15 days notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Thirteen
Thousand Five Hundred and Ten Dollars($13,510)as setforth in Exhibit"A", attached and
incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period as
determined by the City Engineer. The City will pay monthly progress payments based on
approved invoices in accordance with this Section.
1
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
2
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.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City copies of work
as set forth in Exhibit "A". All reports submitted to the City shall be in reproducible format,
or in the format otherwise approved by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
3
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-Class
VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
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 RequiremenWEndorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
4
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cance Ilation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until afterthirty(30) days'written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed"verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
5
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Khoon Tan, P.E.
To Consultant: Lawson & Associates Geotechnical Consulting, Inc.
1319 Calle Avanzado
San Clemente, CA 92673
Attn: Tim Lawson
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Joe Soto, Mayor
LAWSON &ASSOCIATES, INC.
By:
Tim Lawson, President
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
bJA(JAA11A41f4 �
Omar San I, City Attorne
7
EXHIBIT "A"
Lawson&Associates Geotechnical Consulting,Inc.
June 26, 2008 Project No. 041125-01
Mr. Khoon Tan
City of San Juan Capistrano—Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Proposal to Provide for Geotechnical Observation and Testing Services, Los Rios Park and
Parking Lot Improvements, 31790 Los Rios Street, City of San Juan Capistrano,
California
Introduction
Lawson & Associates Geotechnical Consulting, Inc. (LGC) is pleased to submit this proposal and cost
estimate to provide geotechnical observation and testing services during the proposed Los Rios Park and
Parking Lot Improvements located at 31790 Los Rios Street in the city of San Juan Capistrano, California.
Based on our preliminary review of the plans, we anticipate that our services will include backfill
observation and compaction testing for import fills, storm drain, sewer, and water trenches; and observation
and compaction testing for sidewalk, curb and gutter, street subgrade, and asphalt paving. Laboratory testing
will also be performed to confirm the validity of our previous geotechnical recommendations. As of the date
of this proposal, a construction schedule was not available. As a result, we have estimated the duration based
on similar projects.
Assumptions and Scope of Services
Attend project pre-construction/coordination meeting(s).
• Our observation and testing services for trench backfill and subgrade are based on 4 hours per day (part-
time).
Our observation and testing services for import fill placement and asphalt pavement is based on 8 hours
per day(full-time).
• No geotechnical design or analysis work is included in.this contract.
It has been assumed that import soils will be delivered to the site at a sufficient rate so that our field
technician can remain onsite on a full-time basis to observe fill placement.
• Irrigation service line will not require geotechnical observation and testing during backfill.
• Geotechnical laboratory testing includes laboratory compaction and R-value. We have estimated three
maximum density tests, and one R-Value test for subgrade soils (to confirm street section design).
• Only one final report will be required, documenting all results of our observation and testing. If extra
reports are required, these will be charged on a time-and-materials basis in accordance with our attached
2007 Professional Fee Schedule.
1319 Calle Avanzado•San Clemente.CA 92673-6351 .(949)369-6141 •Fax(949)369-6142
Cost Estimate
We propose to perform the above-listed observation and testing services on a bine-and-inaterials basis in
accordance with our attached 2007 Professional Fee Schedule for an estimated amount of Thirteen Thousand
Five Hundred Ten Dollars($13,510.00). Our estimated fees are based upon the information provided by you,
our understanding of the set-vices required, and an assumed duration (since no construction schedule was
available). Fees may be subject to change due to factors beyond our control including (but not limited to)
contractor schedule and weather conditions. An itemized cost estimate is provided below.
• Attend Project Coordination/Safety Meetings $ 1,000.00
• Import Fill Placement (5 working days a) 8 hours per day) $ 3,800.00
Sewer, Storm Drain & Water Trenches Backfill Observation and Testing (8 working
days ty 4 hours per day) $ 3,040.00
• Foundation, Street, Curb & Gutter, and Sidewalk Subgrade observation and Testing
(5 working days @ 4 hours per day) $ 1,900.00
• Street Paving/Capping Observation and Testing(2 working days @ 8 hours per day) $ 1,520.00
• Laboratory Testing(3 maxes, I R-Value) $ 750.00
• Final Report Upon Completion of Backfill and Paving Operations $ 1.500.00
TOTAL: $13,510.00
Closure
Our proposed services will be performed to the general standard of care of geotechnical consulting in
Southern California; no other warrantee is expressed or implied.
It' this proposal meets with your requirements, please sign and return the Terms and Conditions of
Authorization form and we will send you one original for your records. We will start work immediately upon
receiving authorization.
The opportunity of submitting this proposal is sincerely appreciated. If you should have any questions,
please do not hesitate to contact this office.
Sincerely,
LAWSON& ASSOCIATES GEOTECHNICAL CONSULTING, INC.
Tvr
James ']homasson
Project Manager
.IRT/sec
Attachments: Terms & Conditions of Authorization
2007 Professional Fee Schedule
Distribution: (2) Addressee
Hniect Na. 041125-01 Page 2 June 26, 2008
Terms and Conditions of Authorization
This Agreement ("Agreement"), effective this 26u' day of June, 2008, is made by and between Lawson & Associates Geotechnical Consulting, Inc.
("Consultant"or"LGC") and City of San Juan Capistrano ("Client") (collectively, the"Parties") for the Scope of Services referenced in the attached
Proposal and according to the terms and conditions recited below.
I. Consultant shall serve the Client by providing professional counsel and technical advice regarding subsurface conditions(more particularly described in Proposal 041125-01,
attached hereto)("Project"). This counsel and advice is based on information famished by the Client and data collected by the Consultant. The Consultant will use its
professional judgment and will perform its services using that degree of care and skill ordinarily exercised under similar circumstances,by reputable Foundation Engineers
and/or Engineering Geologists practicing in the Southern California area or similar localities.
2. Consultant shall not be liable for any incorrect advice,judgment or decision based on any inaccurate information famished by Client,and Client agrees to defend and
indemnify Consultant against any claims,demands,or liability arising out offer contributed to by such information.
3. Unless otherwise negotiated in writing,Client agrees to limit any and all liability,claim for damages,cost of defense,or expenses to be levied against Consultant on account
of design defect,error,omission,or professional negligence to a sum not to exceed$10,000. Further,Client agrees to notify any construction contractor or sub-contractor
who may perform work in connection with any design,report or study prepared by Consultant of such limitation of liability for design defects, errors,omissions, or
professional negligence and require as a condition precedent to their performing the work a like limitation of liability on their part as against Consultant. In the event Client
fails to obtain a like limitation of liability provision as to design defects,errors,omissions or professional negligence,any liability of Client and the Consultant to such
contractor or sub-comractor arising out of negligence shall be allocated between the Client and the Consultant in such a manner that the aggregate liability of Consultant for
such design defect to all parties,including the Client,shall not exceed$10,000.
4. No warranty,express or implied, of merchantability or fitness,is made or intended in connection with the work to be performed by Consultant or by the Proposal for
consulting or other services or by the furnishing of oral or written reports or findings made by Consultant.
5. Client shall grant free access to the Project site for all necessary equipment and personnel. Client shall notify any and all possessors of the Project site that Client has granted
Consultant free access to the Project site at no charge to Consultant,unless specifically agreed to otherwise in the letter of proposal attached hereto.
6. Client shall locate for Consultant and shall assume responsibility for the accuracy of Client's representations as to the locations of all-underground utilities and installations.
Consultant will not be responsible for damage to any such utilities or installations not so located.
7. Consultant agrees to cover all open test holes and place a cover to carry a 200-pound load on each hole prior to leaving the Project site unattended.Consultant agrees that all
test holes will be backfilled upon completion of thejob. Client acknowledges and understands that material utilized to backfill borings/trenches will settle over time.Client
agrees to monitor and maintain backfill levels as necessary. Client agrees to defend and indemnify consultant for all claims, demands, and liabilities arising from any
settlement of backfill material.
8. Consultant will not be responsible for the general safety of other persons or equipment on the job(Project site),nor the work of other contractors and third parties.
9. Consultant will be excused for any delay in completion of the Agreement caused by:(a)acts of god;(b)acts of Client or Client's agent(s)or representatives(s);(c)storey
weather; (d) labor trouble/issues; (e)acts of public utilities,public bodies or inspectors; (t)extra work; (g)failure of Client to make payments promptly;or(h)other
contingencies unforeseen by Consultant and/orbeyond the reasonable control of Consultant.
10. Ia the event that either party desires to terminate this Agreement prior to completion of the Project,a 7-day advanced written notification of such intention to terminate must
be tendered to the other party. In the event that Client notifies Consultant of such intention to terminale Consultant's services prior to completion of the Project,Client
hereby acknowledges and understands that further Project analysis and preparation and organization of records will be necessary to,among other things,place Project files in
order,dispose of samples,put equipment in order,and(where considered necessary to protect Consultant's professional reputation)complete a report on the work performed
to date. In the event that Consultant incurs any costs or expenses in Client's termination of this Agreement,Client agrees to pay Consultant a termination charge to cover
such costs and expenaes.
11. If Client is a corporation or other business entity,the individual or individuals that sign this Agreement on behalf of Client guarantee that Client will perform its duties under
this Agreement. The individual or individuals so signing this Agreement warrant that they are duly authorized agents of Client.
12. Any notice required or permitted under this Agreement may be given by ordinary U.S.mail at Client's address noted below and Consultant's business address,but such
addresses may be changed by written notice given by one party to the other from time to time. Notice shall be deemed received in the ordinary course of the mail. This
agreement shall be deemed to have been entered into in the County of Orange,State of California.
13. Binding Arbitration/Waiver of Jury Trial:Should any dispute arise between Client and Consultant that cannot be resolved by negotiation among the Parties,then the matter
shall be resolved by a Judicial Arbitration and Mediation Services("JAMS")neutral located in Orange County.California,and specifically a retired Judge with considerable
experience in the resolution of construction and engineering disputes. By signing below the Parties acknowledge that they have read,understood and accept that
they are voluntarily waiving their right to a jury trial,that each party's discovery and appeal rights will be limited,and that each party agrees to binding arbitration in
accordance with the laws of the State of California.
14. This Agreement is the entire agreement of the Panics and supersedes all agreements previously made between the Parties relating to its subject matter. There are no other
understandings or agreements between Client and Consultant.
Client Contact Information: Mr.Khoon Tan City of San Juan Capistrano,32400 Paseo Adelanto.San Juan Capistrano,CA 92675
LGC's Scope of Services includes:Please see our proposal dated June 26 2008(Project No 041125-01).
These services shall be undertaken on a time-and-materials basis in accordance with LGC's 2007 Professional Fee Schedule for an estimated
amount of Thirteen Thousand Five Hundred Ten Dollars($13,510.00). Payment is to be made within 30 days after receipt of invoice. Consultant
agrees not to exceed the estimated total without prior written notification.
Client Authorization(Please Print): Title:
Client Authorization Signature: Dale:
Consultant Authorization: Tim Lawson Title: President
Consultant Authorization Signature: Date:
Lawson&Associates Geotechnical Consulting,Inc.
2007 PROFESSIONAL FEE SCHEDULE
GEOTECHNICAL SERVICES
Professional Billing Rate(per hour)
WordProcessing...............................................................................................................................$ 45.00
TechnicianI...........................................................................................................................................60.00
CADOperator.......................................................................................................................................65.00
SeniorField Technician........................................................................................................................85.00
Technician/Senior Technician Prevailing Wage...................................................................................85.00
StaffEngineer/Geologist.......................................................................................................................85.00
Senior Staff Engineer/Geologist/Scientist .......................................................................................... 100.00
Field Supervisor/Operations Manager................................................................................................ 105.00
Project Engineer/Geologist................................................................................................................. 110.00
Associate Engineer/Geologist............................................................................................................. 130.00
Principal Engineer/Geologist.............................................................................................................. 170.00
Eneineerine Equipment
VehicleUsage.................................................................................................................... $ 10.00/per hour
Tiltmeter, Inclinometer ............................................................................................................60.00/per day
NuclearSoil Gauge..................................................................................................................75.00/per day
WaterLevel Sounder................................................................................................................50.00/per day
Portable Generator...................................................................................................................50.00/per day
Manometer...............................................................................................................................50.00/per day
Other Monitoring Equipment.......................................:.......................................................... Upon Request
Terms and Conditions
• Expert witness testimony, depositions, or mediation conferences, will be billed at 2.0 times the basic
billing rate,portal to portal.
• All geologists, engineers, and technicians will be billed at time-and-a-half for overtime.
• Invoices are rendered monthly,payable upon receipt.
• A retainer of 50 percent of the fee is required for projects with a total estimated fee of$5,000.00 or less.
The balance is due upon report delivery.
• Proposals are valid for 30 days, unless otherwise stated.
• Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping,
reproduction, and other reimbursable expenses will be invoiced at cost, plus 20 percent, unless billed
directly to, and paid by the Client.
• 30 percent of the fee for field studies will be invoiced immediately upon authorization to cover equipment
and mobilization costs.
• Client agrees to provide all information in Client's possession about the actual or possible presence of
buried utilities and hazardous materials on the site, and agrees to reimburse LGC for all costs related to
their unanticipated discovery.
1319 Calle Avanzado e San Clemente 9 CA 92673.6351 .(949)369-6141 .Fax(949)369.6142
Laboratory Charves
Test Rate
MoistureContent..............................................................................................................................$ 10.00
Moisture and Density (ring samples)....................................................................................................20.00
Moisture and Density(shelby tube)......................................................................................................60.00
Maximum Dry Density(optimum moisture content).......................................................................... 150.00
Maximum Density Checkpoint.............................................................................................................75.00
Specific Gravity—Fine Aggregate........................................................................................................85.00
Specific Gravity—Coarse Aggregate....................................................................................................80.00
SieveAnalysis.......................................................................................................................................70.00
HydrometerAnalysis ..........................................................................................................................105.00
Sieveand Hydrometer Analysis.......................................................................................................... 150.00
Percent Passing No, 200 Sieve..............................................................................................................55.00
Liquid Limit and Plastic Limit............................................................................................................ 115.00
Liquid Limit—Non Plastic(I pt)...........................................................................................................80.00
SandEquivalent ....................................................................................................................................80.00
ExpansionIndex.................................................................................................................................. 145.00
Direct Shear(shear rate of 0.05 in./min.)............................................................................................250.00
Direct Shear(shear rate of lower than 0.05 in./min.)..........................................................................290.00
SinglePoint Shear.................................................................................................................................90.00
Consolidation (w/o time rate).............................................................................................................. 185.00
w/time rate, add(per increment)....................................................................................................45.00
w/extra load, add(per load)...........................................................................................................40.00
CollapseTest....................................................................................................................................... 100.00
R-Value (untreated).............................................................................................................................275.00
R-Value (treated).................................................................................................................................300.00
CBR(untreated)per point................................................................................................................... 175.00
SulfateContent......................................................................................................................................50.00
ChlorideContent...................................................................................................................................50.00
pHand Resistivity .............................................................................................................................. 175.00
Caltrans216 Compaction....................................................................................................................200.00
Triaxial testing, residual shear testing, permeability, abrasion, and special testing will be charged at hourly
rates. Materials testing fees and additional laboratory testing fees will be provided upon request.
Laboratory samples will be retained for 60 days. A monthly storage fee of$3.00 per bag/$1.00 per ring will
be assessed if longer storage is required.
Weekend testing and RUSH tests may be provided to Clients upon requests and additional charges will be
determined on a project-by-project basis.
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 19`h day
of August, 2008, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and David Volz Design (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to provide construction
observation and support services involving landscape architecture, civil engineering, and
electrical engineering for the Los Rios Park & Parking Lot Improvement Project located
within the City's historic Los Rios District; 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 the City shall consist of those tasks as set
forth in Exhibit'A," attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to 15 days notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Thirty Five
Thousand Nine Hundred and Forty Dollars ($35,940) as set forth in Exhibit "A", attached
and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have. been satisfactorily completed for such monthly period as
determined by the City Engineer. The City will pay monthly progress payments based on
approved invoices in accordance with this Section.
1
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
2
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.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in anyway connected with the.
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
3
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-Class
VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
4
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancel lation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty(30) days'written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed"verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
5
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Khoon Tan, P.E.
To Consultant: David Volz Design
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
Attn: Gary Vasquez, C.L.A.
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs.and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Joe Soto, Mayor
DAVID VOLZ DESIGN
By:
ry V squ z, C.L.A., Project Manager
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
-a4rll a-444
Omar SaAdoval, City Attorn
7
EXHIBIT "A" t_AKAr. apeArckttectsami Parkvtav ers
July 3,2008 www.dvoladeslgn.com
Revised: August 6, 2008 Home office
151 Kalmus Drive,Suite.M8
Costa Mesa,CA 92626
Mr. Khoon Tan phone 714.641.1300
fox 714.641.1323
City Engineer
City of San Juan Capistrano Coachella 0 c lla Estaa
32400 Paseo Adelanto La Quinn,CA 92253
San Juan Capistrano, CA 92675 phone 760.580.5165
fox 760.564.0369
RE: PROPOSAL TO PROVIDE CONSTRUCTION OBSERVATION SERVICES FOR
LOS RIOS PARK AND PARKING LOT—CITY OF SAN JUAN CAPISTRANO
Dear Mr.Tan,
Thank you for the opportunity to provide this proposal for Construction Observation Services for
the Los Rios Park project in the City of San Juan Capistrano. Its was a pleasure to prepare the
Los Rio Park Master Plan and the construction drawings and specifications for this project that
included many unique and interesting design features. I believe it is important to continue our
oversight efforts as the project moves into the construction phase, I am confident that we can
maintain the design integrity and achieve the desired results with our continued involvement and
support of our Sub-Consultants. For our continued efforts,I am proposing the following:
Scope,of Work
Construction Observation Services include weekly site visits,meetings,reviewing product
submittals and responding to RFI's, Our team will be on hand if necessary to coordinate and
assist the contractor with field related issues.
Fees
For our efforts,David Volz Design(DVD)and our Sub-Consultants will provide Construction
Observation Services for the following fees.
DVD $24,000
KHR $5,000
Dream Engineering $6,940
Total: $35,940
The amounts shown above is a"not to exceed"amount and will only be used as required. Our
team will not exceed the stated fee for each discipline without approval from the City. If
requested and approved by the City,DVD's building consultant will provide construction
oversight,RFI review and comment,product submittal review and site visits during the
construction of the restroom. For our building consultant's efforts, the City will be billed
$125.00 per hour.
a
DtstOVIKe Unulscapes that create CeW%t(Kab
We trust that this proposal meets your expectations and we would be happy to discuss it in more
detail,if you require.
ry trulyy ours,
V OLZ DESIGN-'
ary Vasquez, LA 3883
Project Manager
f
I
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 19th day
of August, 2008, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and Moore lacofano Goltsman, Inc. (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to conduct ADA field &
construction review, and provide playground safety inspections of new playground areas
for the Los Rios Park & Parking Lot Improvement Project located within the City's historic
Los Rios District; 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 the City shall consist of those tasks as set
forth in Exhibit'A,"attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to 15 days notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Eleven
Thousand Two Hundred and Eighty Dollars ($11,280) as set forth in Exhibit "A", attached
and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period as
1
determined by the City Engineer. The City will pay monthly progress payments based on
approved invoices in accordance with this Section.
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
2
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.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City copies of work
as set forth in Exhibit"A". All reports submitted to the City shall be in reproducible format,
or in the format otherwise approved by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in anyway connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
3
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-Class
VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
4
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of CanceIlation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty(30)days'written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed"verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
5
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Khoon Tan, P.E.
To Consultant: Moore lacofano Goltsman, Inc.
613 G Street
Davis, CA 95616
Attn: Jose Leal, C.L.A.
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Joe Soto, Mayor
MOORE IACOFANO GOLTSMAN, INC.
By:
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
Omar San oval, City A orney \
7
EXHIBIT "A"
M M
MOORE IACOFANO GOLTSMAN , INC .
June 23,2008
David Contreras
Associate Planner
Planning Services Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Subject: Proposal forADA Field/Onsite Construction Review Services,Los Rios Community Park Project
Dear Mr. Contreras,
Thank you for your continued interest in working with Moore Iacofano Goltsman, Inc (MIG). It is
with great pleasure that we submit the following proposal to assist the City of San Juan Capistrano
in ADA field and onsite construction review and in providing playground safety inspections of new
playground areas. Below please find our proposed scope of services and fee schedule as requested.
If you have any questions or modifications to this proposal, please feel free to call me directly at
(530) 753-9606.
SCOPE OF SERVICES
Task 1: ADA Field/ Onsite Construction Review
MIG shall provide certified ADA field/ onsite construction review of the pedestrian walkway
systems including the pedestrian path of travel between parking lot,public right-of-way, restroom
building, play areas and picnic/ public gathering areas. MIG shall attend a total of three (3) onsite
visits during the duration of the project construction phase. MIG will review construction schedule
with the City of San Juan Capistrano to identify the critical stages within the process at which MIG
will be performing the inspections. MIG will provide inspection reports, issue correction notices
and provide a summary/ final report at the completion of the onsite construction review.
Professional Time
Tim Gilbert,Landscape Architect 42 Hours @ $175.00/Hour.......................... $7,350.00
Project Assistance 6 Hours @ $85.00/Hour................................. $510.00
Reimbursable Cost (Travel) 3 Visits @ $375.00/ Visit............................. $1,125.00
Task 1 Estimated Cost ................................................................$8,985.00
Task 2: Certified Playground Safety Inspection
MIG shall perform a certified playground safety inspection of the play areas including swing area,
sand and water play, composite structure and climbing boulder equipment for safety and accessibility
of the structure based on the requirements of CPSC,ASTM, ADA, and professional judgment. MIG
shall provide a summary/ final report of the safety inspection noting corrections requiring
compliance. Final report shall include a site layout diagram of individual play areas, identifying all
play features. Report shall include the following information: Site description, Site safety,
Accessibility, and Equipment/ Component Safety items. Composite structure is excluded in the
review.
Professional Time
Tim Gilbert,Landscape Architect 10 Hours @ $175.00/Hour.......................... $1,750.00
Project Assistance 2 Hours @ $85.00/Hour................................. $170.00
Reimbursable (Travel Cost) 1 Visit @ $375.00/ Visit.................................. $375.00
Task 2 Estimated Cost ................................................................$2,295.00
Exclusions:
- Review of items outside of this scope of services.
- Coordination between NIIG and Consulting Landscape Architect.
- If requested, additional onsite construction inspections will be added as a contract
amendment at the following rates:
• Tim Gilbert, Senior Landscape Architect................................................$175.00
■ Jose Leal,Project Manager.........................................................................$125.00
• Support Staff .................................................................................$85.00
■ Reimbursable cost ...............................................................................$375.00
The total estimated professional time as outlined above is $11,280.00.The budget reflects a not-to-
exceed fee. The allocation of funds within that amount will be adjusted in accordance with work
actually performed. MIG, Inc. will not exceed the amount contained in this Letter of Engagement
unless authorized by you,in writing,as a change to the scope of work. If you should have any
questions, please feel free to contact me at 530.753.9606. We look forward to our work with you.
Sincerely,
MOORE IACOFANO GOLTSKkN, Inc.
Jose Leal Tim Gilbert
Project Manager Project Landscape Architect
California Landscape Architect 5429 California Landscape Architect 3751
Approved as to scope and budget described above:
Signature
Printed Name
Title
Date
2
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made,entered into, and shall become effective this 19th day
of August, 2008, by and between the City of San Juan Capistrano(hereinafter referred to
as the "City's and Barbara Butler Artist-Builder, Inc. (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to provide fabrication,
delivery,installation,and certification of a play structure for the Los Rios Park&Parking Lot
Improvement Project located within the City's historic Los Rios District; 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 the City shall consist of those tasks as set
forth in Exhibit"A", attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit °A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Tenn.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to 15 days notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed One Hundred
Thirty Nine Thousand and Nine Hundred Dollars ($139,900) as set forth in Exhibit "A",
attached and incorporated herein by reference.
3.2 Method of Payment
Subject to Section 3.1, City shall pay to Consultant the below-listed sums
for the Work, subject to additions and deductions pursuant to contract change orders,
payable according to the following Payment Schedule:
1
$ 69,950.00 First Payment (50%): Due within 10 days after signing the
contract to start construction.
$ 41,970.00 Second Payment(30%): Due 1 week prior to delivery.
$ 27,980.00 Third Payment (20%): Due upon completion of installation.
$ 139,900.00 Sum Total of Payments •
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law,without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City,the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all terms
of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s),and is aware of
all reasonably apparent conditions there;and(3)it understands the facilities, difficulties and
restrictions of the work to be performed under this Agreement Should Consultant discover
any latent or unknown conditions materially differing from those inherent in the work or as
represented by City, it shall immediately inform the City of this and shall not proceed with
2
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.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City copies of work
as set forth in Exhibit"A". All reports submitted to the City shall be in reproducible format,
or in the format otherwise approved by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law,and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
Consultant hereby indemnifies and holds harmless the City, and each of its elective
and appointive boards, officers, employees, agents and representatives (altogether the
"City Parties") against and from any and all claims, liabilities, damages, fines, penalties or
costs of whatsoever nature (including reasonable attomeys'fees), and whether by reason
of death of or injury to any person or loss of or damage to any property or otherwise
("Claims")to the extent that such Claims are caused by Consultant's defective installation,
construction or design of the Work and do not solely arise from the inherently hazardous
nature of play structures. City acknowledges for itself and on behalf of the City Parties
that individuals will climb and play on the Work with and without direct supervision and that
there is an inherent risk that such individuals may be injured. City further acknowledges for
itself and on behalf of the City Parties that no design can eliminate all risks of harm and that
3
Consultant's indemnification for design flaws is intended to address actual defects in the
function of the Work for its intended use and not alleged risk-related defects such as, for
example, the height and number of barriers or the posting of warning signs. City
understands for itself and on behalf of the City Parties that all children should be supervised
by an adult at all times while using the Work. The obligations of each party under this
section shall survive termination of the Agreement.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to the
City. Consultant shall not allow any subcontractor to commence work on any subcontract
until all insurance required of the Consultant has also been obtained for the subcontractor.
Insurance required herein shall be provided by Insurers in good standing with the State of
California and having a minimum Best's Guide Rating of A- Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in an, amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Workets 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.
4
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement,Consultant shall submit the
insurance certificates, including the deductible or self-retention amount, and an additional
insured endorsement naming City, its officers, employees, agents, and volunteers as
additional insureds as respects each of the following: Liability arising out of activities
performed by or on behalf of Consultant, including the insured's general supervision of
Consultant; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection afforded City,
its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage
Intentionally omitted.
14.6 Notice of Canceliation/Termination of Insurance.
The above policy/policies shall notterminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty(30)days'written notice is given to City,except that
ten (10)days' notice shall be given if there is a cancellation due to failure to pay a premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written"Notice to Proceed"verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant, however City shall be
obligated to compensate Consultant for all current work in progress.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract,then the agreement may be terminated subsequent to
the ten (10) day cure period.
5
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall be
used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Khoon Tan, P.E.
To Consultant: Barbara Butler Artist-Builder Inc.
325 South Maple Avenue#37
South San Francisco, CA 94080
Attn: Barbara Butler
Section 17. Attomevs' 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 attomeys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Joe Soto, Mayor
BARBARA BUTLER ARTIST-BUILDER INC.
By: ka
B�r ara Butler (Q
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
f 4/1A CIA Off I (6d
mar Sand6val, City Attorney
7
EXHIBIT "A"
Barbara Butler Artist-Builder Inc.
325 South Maple Avenue 937,South San Francisco,CA 94080
July 28,2008
Option#4 Features & Pricing
for Karen Crocker,Los Rios Historical Park, San Juan Capistrano
Description Price
Square Tower
6'x 6'x 16'high 2-story Square Tower at 6'deck height with 7'square double layered rustic tree- $21,270.00
stake Gable roof,36"high upper level fortress railings with cutouts,and open below with:
• Coil Climber $2,600.00
• Commercial grade open spiral "Cobra Coil" Slide for 6'deck height with redwood 3'x 4' $9,700.00
custom transition platform open below with 36"high upper level fortress railings.
Swinging Bridge
• 8'long Swinging Bridge with 36"high hand-woven rope net railings $9,730.00
Slide Tower(49"x 66"x 14'high overall dimension)
49"x 66"x 9'high 2-story Slide Tower at 6'deck height with 5'6"x T6"double layered rustic $13,800.00
tree-stake Gable roof,open below with 36"high upper level railings and with:
• Commercial grade open Triple Slide for 6'deck height $5,200.00
• Angled Rung Ladder $900.00
• "L" shaped ADA Handicap Transfer System with: Transfer Platform with Transfer $19,860.00
Support,(4)steps with 36" high railings and ADA Handrails(closed below),Transfer
Landing with 36"high railings(closed below),and 2 additional upper steps with 36"high
railings and ADA Handrails(open below).
Swing Set
• Free-standing 2-Bay Swing Set(2 tot seats and 2 standard seats)with 2 swings per Bay and $15,900.00
with buttress ends.Custom frame made from metal and faced with redwood lumer,stained in
the color palette of choice.
Play Structure Fabrication Total $98,960.00
Custom Design: semi-custom play structure designed to substantially meet the ASTM 1487-05
Standards for playground Equipment for Public Use as per attached Site Plan and Artist's Sketch.
The design style to reflect the character of the historical park. Artist's design hours charged at $4,800.00
$95 per hour and AutoCAD Drafting hours charged at$55 per hour.
Structural Engineer: obtain signed and sealed stamp on AutoCAD construction drawings from
structural engiheer.
$3,000.00
Page I of 2
Option 4 Features At Pricing for Los Rios Historical Park continued
Certification:
• Obtain 3rd party certification that Design substantially meets ASTM 1487-5 Standards for
Playground Equipment for Public Use based on AutoCAD plans submitted prior to $2,700.00
construction.
• Obtain 3rd party on-site certification of play structure fabrication&installation after delivery $5,700.00
&installation.
Delivery of your play structure will be by truck to your site on a day and time arranged with you $4,948.00
in advance.For protection,our experienced crew will"blanket wrap"each modular piece and then
carefully load and secure it in the truck.Upon arrival,our drivers will carefully unload each piece
and walk it onto the site in preparation for installation.
Installation of your play structure by Barbara and her experienced crew:We provide all tools, $19,792.00
materials,equipment,and labor needed to get the job done!Having pre-assembled your play
structure at least once in our shop,we are able to quickly and efficiently assemble on-site.Our
crew will layout the floors,dig the postholes,pour the concrete,assemble walls,and add the roofs,
trims&play features.We will apply stain touch-up to any nicks or scratches and apply a final coat
of clear tung-oil before leaving.When we leave,your site will look neat and clean,and your play
structure will look beautiful and be fully functional.
Play Structure Total $139,900.00
Pricing does not include the following client costs:
• Resilient surfacing material
• Landscaping
Specified Materials:
• Lumber:All Redwood Construction Heart Grade or Better,grinded smooth
• Stain:Entire structure is stained completely inside and out with non-toxic tung oil stains and
finished with clear tung oil as a top coat
• Hardware: All fasteners are of exterior-grade quality _
' Rope: High quality exterior grade Black Nylon 1/2"rope
• Metal: All powder-coated metal except stainless steel firepole
• Commercial Grade Cobra Coil Slide: Durable,UV-resistant vacuum formed polyethylene
• Commercial Grade Open Slides:Double wall rotomolded single-piece slide with solid base
www.barbarabutler.com • 415.864.6840
Page 2 of 2
ADA Site Plan
Option#4
Bg'.11y'
% I 1z I-r—I 1z I
r r
Triple
Open Side RgWred Required Required
Open Spiral 6'/ Use Zone Use Zone Use Zone
P
.t� Side / 74' 74'
�^/2* 4'-B'x 66'x l6hgh _ ESR.
Slide Tower
wlGable Road Slide r,+ 1 6�
With 6 hgh deck TTer,,it, z
1 Open Below platform g j
Rung
Ladder1`i BSwingeig Bndpe % CoilClimber
I itle -
f
ADA Transfer PlaHorm 6 x 6'x 16'hgh
T
.11,Transfer Steps I ower wl liable Hoof
6' 6,
._ with 6'hghdeck Fl
6.
I
SAingsef Swingsel
BARBARA BUTLER ARTIST BUILDER, INC.
`o]-n LOS RIOS ' 118'=10'
"wn°✓ JB IJob# Sheet#
"'°� 0712N8 1 1 7
EXUMh M0WNFlDB KL PAOPERtt OFBTREAMBUTI R
&200IBARBARAB11TlER
Al hh6 resmeJ.irtlud�q N oorr + doign xd wbMNib.Am wvYeE
utl
,.omewmn..aom.aan.aimiwmn.r mN.,mm .m
na .ni. aoro wW.
• BID PROPOSAL
For the: LOS RIOS PARK AND PARKING LOT
From: Erlyirronmen-Tal ConG. inc / H98624t
Contractor, License No. & Classification
To the Members of the City Council
City of San Juan Capistrano
Gentlemen:
The undersigned, as bidder, declares that he has carefully examined the location of the proposed
work as described, examined the Plans, Specifications, Special Provisions, and the Standard
Specifications for Public Works Construction, 2006 Edition, including all supplements therefore,
read the Instructions to Bidders,and is familiar with all proposal requirements,and hereby proposed
and agrees, if the proposal is accepted, to complete the said construction in accordance with the
Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated
herein,for the unit price or lump sum given on the following pages of this proposal,amounting to a
total of:
Words TLA ?-r5 10 e4, Figures
Said amount to include and cover all taxes,the furnishing of all materials,the performing of all the
labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other
means of construction;also,the performance and completion of all the work in the manner set forth,
described and shown in the Specifications or the drawings for the work.
If the contract is awarded,the undersigned agrees to enter into a contract with the City of San Juan
Capistrano and to commence work within fifteen (15) calendar days from the date of execution
thereof, and to diligently prosecute the work to completion before the expiration of one-hundred
fifty 150 calendar days.
All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in
this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between
words and figures, the words shall prevail. In case of discrepancy between unit prices and the
extension thereof, the unit price shall prevail and bids will be computed as indicated above and
compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is
understood that the City does not expressly,nor by implication,agree that the actual amount of work
will correspond therewith, but reserves the right to increase or decrease the amount of any item or
portion of the work or to omit portions of the work as may be deemed expedient by the Engineer.
It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this
proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected,
then any check or cashier's check shall be returned to the undersigned within thirty(30)days. No bid
8
1
bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract
within fifteen(15)days after the agreement is delivered to him for signature,or within such further
time as may be granted by the Members of the City Council,then said check shall be cashed or said
bond declared forfeit and an amount equal to the difference between the lowest bid and the next
lowest bid who will execute a contract shall be paid into the treasury of the City of San Juan
Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this
proposal. 1 11
Accompanying this proposal is I�1 AgrS 3rnn� (Insert
"$ cash," cashier's check,certified check or bidder's bond on the forms from pages 22
and 23 of these Contract Documents, as the case may be), in an amount equal to at least ten percent
(10%) of the total bid.
The following is the name and place of business of the surety company which will furnish the
required bonds as surety if the work is awarded to the undersigned:
Licensed in accordance with an -act providing for the registration of contractors -- License No.
and Classification
Signature of$idder:
i
9
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all
individual co-partners composing the firm: President, Secretary,Treasurer, and Manager thereof.)
Dated:p6 X13 Log 2155o OxnjR4 sZ, Sle L05o1 WOadtanA 1�1ILS
Business Address CcL g 13(a
Dated: o 6 L 13 o's C-918) L1N.'1- -99=
Telephone Number
Further,the undersigned bidder certifies that he has thoroughly checked the figures set forth in this
proposal,that they are correct to the best of his knowledge and that they constitute his proposal for
the work called out herein.
Dated: 0 611310 -2
ignature Bidder
Dated: n(� ( t3 ( DC.R191) �i 4R ---Rg2U
Telephone Number
•
10
BID SCHEDULE
OROJE LOS RIOS PARK AND PARKING LOT
IT1=M - - UNIT PRICE : TOTAL(IN
ITEM DESCRIPTION QTY. UNIT UNIT RR1EE-(1N WORDS)
N0. - - (IN FIGURES) - .FIGURES)
BASE BID - CIVIL
(Los Rios Park I Parking Lot/Montanez Adobe Plaza)
Mobilization/Demobilization (Not to q�1
1 Exceed 5%of Base Bid Total) 1 LS R1 `
2 Site Demolition 1 LS Jo5 1. 6150
3 Site Clearing &Grubbing 1 LS Q on ( O W
Stormwater Pollution ControlJ/BMP's/
4 Erosion Control 1 LS 9L (Ql) 100
5 Construction Survey 1 LS a b
6 Soil Import 6,378 CY
7 Rough Grading 218,500 CY Oe k 1 I
8 Vegetated Swale(8-foot wide) 5,375 SF LA.5 Itnw 1 !31,50
9 Bioretention 7,689 SF 13 .3J !
10 AC Pavement 4-inch AC/8-inch AB 1,355 SF LA ob S , 4 20
-13
4-inch Decomposed Granite (NEXPAVE) \ � 8U
11 Over 8-inch AB 34,019 SF S 0 �+`� �s 1'?( 8 8
12 PCC Pavement(6-inch over 10-inch AB) 1,448 SF cU N tic t6L S i} 0 5Z
13 Off-Site 8-inch PCC curb 87 LF (a .t)O S+7< ll,r5 1 '3 9
14 Off-Site 4-inch thick PCC sidewalk 521 SF .50 S Z L{ 50
15 Full depth AC pavement patch back 281 SF oro OS
16 Off Site 4-inch thick PCC Access Ramp 3 EA 1 -17,0 I to
_17 CMU Wall -Variable Height 235 LF •
18 4-inch Wide Solid White Parking Stall 1,636 LF
19 Paint"Accessible" Parking Stall 4 EA
20 Wheel stop 83 EA Q
21 Parking Sign 14 EA 2570 31 sm
22 Entrance Sign 1 EA 02!5D .256
23 4-inch PVC drainage pipe 41 LF Q • 1-Wce-i 0
24 6-inch perforated pipe 1,043 LF 6 2-
25
25 8-inch PVC drainage pipe 136 LF 15b. OD -
26 18-inch HDPE pipe 400 LF 0. oDZ �
27 18-inch CSP slotted drain 25 LF9
Q
28 PCC junction structure 2 EA y
29 Pipe entrance to earth channel 3 EA LA7(00 g
_30 Catch Basin 4 EAu ,� ' so
31 Storm Drain cleanout structure 2 EA 0 t O p
32 12-inch x 12-inch inlet 2 EA a D a
33 Riprap rock(class II) 3 SF (4 Ob I ZOD
Storm Drain Connection to existing CSP
34 Inlet 1 EA j
• 35 Cut in 8-inch x 8-inch x 8-inch tee 1 EA Ub1? u{ -p
Hot tap 2-inch Domestic water line to
36 existing 8-inch line 1 EA U
11
ITEM - - UNIT PRICE - TOTAL (IN
ITEM DESCRIPTION QTY. UNIT UNIT PRICE(1N WORDS)
No. (IN FIGURES) FIGURES)
Hot tap 2-inch Irrigation water line to
37 existing 8-inch line 1 EA
1-inch PVC (Schedule 40) Domestic c
38 water line 193 LF J• a
2-inch PVC (Schedule 40) Domestic I
39 water line 528 LF
2-inch PVC (Schedule 40) Irrigation
40 water line 14 LF b . 0Q D
41 8-inch C900 (class 150)fire water line 397 LF SS, c0 I B
2-inch Domestic water meter and
42 backflow 1 EA
2-inch Irrigation water meter and
43 backflow 1 EA
44 Fire Hydrant 2 EA ICIL
45 Water line bend fittings and thrust blocks 12 EA SO _ Op
46 6-inch PVC sewer line 225 LF I 0 2
47 Sewer cleanout 3 EA Li 50 1 s5o
Sewer lateral connection to existing ��7�
48 mainline 1 EA (V(�tJ I00V
49 Adjust sewer manhole to finish grade 1 EA
31
Sub-Total Civil Bid Items$ 8 133
BASE BID - LANDSCAPE FEATURES AND WALLS
(Los Rios Park/Parking Lot/Montanez Adobe Plaza)
Concrete Flatwork w/Handseeded
Decomposed Granite Finish & Unfinished
50 Edge Appearance 18,550 SF l� C j yg c{crb
51 Decorative Brick&Stone Paving 6,640 SIF
52 Detectable Warning Pavers 525 SF a ,0b 12 V?S
Stabilized D.G. Walks (2"compacted ++
53 layer) 25,935 SF I a S 5
Wall 'A'with Historical Depictions of early
San Juan Images, including anti-grafitti
54 coating 1 LS b3i (�
Wall 'B'-Cobblestone, including anti-
55 grafitti coating 1 LS I 5, f 5b P5 9 S 6
Cobblestone Seatwall, including anti-
56 grafitti coating 105 LF lo O (,
57 10-inch Square Wood Post Bollard 20 EA
58 6-inch Round Wood Post Bollard 7 E 0 ,l 0
59 Wood Steps& Handrail 1 LS IM a Zgy
60 Hitching Post 4 EA AP60 y y
61 5' High Wood Fence 455 LF
62 6' High Wood Fence 80 LF If4 tl
• 63 Post& Rail Fence 700 LF 110 ) 2,d0 u
Sub-Total Landscape Features&Walls Bid Items$ I 1
12
ITEM .UNIT PRICE , - TOTAL (IN
ITEM DESCRIPTION QTY. UNIT UNIT PRICE(IN WORDS),
No. -- - (IN FIGURES) .FIGURES)
BASE BID - LANDSCAPE AMENITIES
(Los Rios Park/ Parking Lot/ Montanez Adobe Plaza)
12"Wide Concrete Band w/Handseeded
Decomposed Granite Finish @ Parking
64 Lot 1,545 LF J
65 3"-6"Cobble Mulch-"Riverbed" 46 TN
66 4"-8" Cobble Mulch-"Rivierbed" 96 TN uu
67 8"-12" Cobble Mulch -"Riverbed" 77 TN D ; a 5C
66 Erosion Control Gravel Trench 1 LS 0 _15-0-
69 Steel Edging 2,650 LF . 011 g J,550
70 RockEdging 'A' 1,130 LF 10
71 Rock Edging 'B' 210 LF (1a t (?
72 Arbor Structure'A' (935 sf) 1 LS !m SL vara �4y� 1>? 350
73 Arbor Structure'B' (540 sf) 1 LS
74 Bridge 2 EA ax v i ZO
75 Playground Wood Fiber 400 CY q b0
76 Play Sand 16 CY 6jbnh
77 36"Diameter Drain Sump @ Playground 14 EA
78 Tree Well at Playground 8 EA q p(f(7
79 Automatic Irrigation 1 LS 1600-)11t) (60
80 Soil Preparation &Fine Grading 86,700 SF , 01
81 Weed Abatement 93,500 SF pS 75
82 Tree-36" box 48 EA 6 ZS
83 Tree-24"box 109 EA L5
84 Tree- 15 gallon 131 EA 17 0 7 LD
85 Shrub- 15 gallon 66 EA
86 Shrub-5 gallon 727 EA 1
87 Shrub-2 gallon 6 EA
88 Shrub-1 gallon 2,691 EA (7 b 10
89 Plugs- Carex parse @ 12"OC 24,500 EA 6
90 Wood Mulch (2" layer) 410 CY
91 Ninety(90) Day Maintenance 1 LS 11.1 66D
Sub-Total Landscape Amenities Bid Items$
BASE BID - PLAYGROUND EQUIPMENT
(Los Rios Park/ Parking Lot/ Montanez Adobe Plaza)
92 Climbing Boulders 1 LS 6 dT D 60
93 Saddle Riders 2 EA Q
94 Hand Operated Water Pump & Spillway 1 EA
95 Crossover Deck @ Playground 1 LS C040 9696
96 HC Transfer deck @ Playground 1 EA 046
p a At (�
• Sub-Total Playground Equipment Bid Items$ b�/0
13
ITEM ITEM DESCRIPTION QTY. UNIT UNIT PRICE UNIT PRICE(IN WORDS) - TOTAL (IN
No. - (IN FIGURES) FIGURES)
BASE BID - PARK FURNITURE
(Los Rios Park/Parking Lot/Montanez Adobe Plaza)
F97Standard Picnic Table 15 EACafd Table 11 EA
Children Picnic Table 7 EAOak Trash & Recycle Barrel 19 EA l o S
Park Bench 22 EA Z604Drinking Fountain- Including 12 dia.Drain Sump& Drain Pipe 2 EA Ip sm Q
103 Bike Rack 4 EA t y
Sub-Total Park Furniture Bid Items$ pU/ 550
BASE BID - LANDSCAPE STRUCTURES
(Los Rios Park/ Parking Lot/ Montanez Adobe Plaza)
104 1 Restroom Building 1 LS $ S 34 S $
105 3- Bin Trash Enclosure 1 LS S-D
Sub-Total Landscape Structures Bid Items$ 3V( Lis
•
BASE BID - ELECTRICAL
(Los Rios Park/ Parking Lot/ tanez Adobe Plaza)
AQM
106 Electrical & Lighting 1 LS f
107 Ninety(90) Day Maintenance 1 LS
600 haft
Sub-Total Electrical Bid Items$ F
2,L1, 00-0
BASE BID - MONTANEZ ADOBE GARDENS
IMPROVEMENTS
Clear&Grub (Includes the removal of
trees and shrubs as noted on Sheet ',kJ�1 '\
108 LCA) 1 LS L � Z00
109 Stabilized DG Path 3,800 SF (.4 D L6
110 Irrigation System 1 3,15 0 hab
111 Drainage system 1 LS psp
112 Soil Preparation Fine Grading 6,475 SF ,5t L37
113 Weed Abatement 6,475 LS 0,0q 2 5
Imported Class "A"Top Soil (Landscape r
114 Berms) 250 CY 75-0
115 Shrub-5 gallon 6 EA
116 Shrub- 1 gallon 384 _Dki
14
ITEM - UNITPRICE - - - TOTAL (IN
ITEM DESCRIPTION QTY. UNIT - UNIT PRICE(IN,WORDS)
No. (IN FIGURES) FIGURES)
117 Wood Mulch (2" layer) 25 CY 2 7S
'Wr118 INinety(90) Day Maintenance 1 LS `j-CA I 1 1 SO-6 q
Sub-Total Montanez Adobe Gardens Bid Items$ 56, 1 60
Total Base Bid Price(Enter Here and on Page 8):
�-e $
Or � � � Figure —�
The Contractor shall also provide costs for the following bid alternate items for possible inclusion to or substitution of base bid
items shown above.
ITEM - - - UNIT PRICE - " " - TOTAL (IN
No. ITEM DESCRIPTION CITY. UNIT (IN FIGURES) UNIT PRICE(IN WORDS) - FIGURES)
BID ALTERNATE ITEMS
(Los Rios Park/ Parking Lot/ Montanez Adobe Plaza)
Al AC Pavement 4-inch AC/8-inch AB (As
a Substitute to Item#11) 34,019 SF 3 7o 125 S7d
A2 4-inch Wide Solid White Parking Stall -
Thermoplastic(Substitute to Item#18) 1,636 LF
93 "Accessible" Parking Stall-
Thermoplastic (Substitute to Item#19) 4 EA
_A4 R1 -Boulder(small) 318 EA ) OD
A5 R2 - Boulder(medium) 139 EA 40D
A6 R3- Boulder(large) 197 EA )Qq
_A7 Arbor Structure'C'(400 sf) 1 LS Qajj72,
A8 Arbor Structure'D' (400 sf) 1 LS ? 6�p
A9 Arbor Structure'E' (525 sf) 1 LS 250 4:3 z S"a
Al Equestrian Fence 875 LF SO 7A 66L
All Secondary Irrigation System 1 LS zy
•
15
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
SS.
County of
F a i I so tJ dt being first duly sworn deposes and says that
(113i's nF reS4A-Qvir of (?rtc)cronrne—%J Cvnstu v1-. , the party
making the foregoing bid;that such bid is not made in the interest of or on behalf of any undisclosed
person,partnership,company,association,organization or corporation;that such bid is genuine and
not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,connived,
or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from
bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement,
communication or conference with anyone to fix the bid price of said bidder or of any other bidder,
or to fix the bid price of or cost element of such bid price,or of that of any other bidder,or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in such bid are true; and further, that said bidder has not
• directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid and will not pay any fee in connection
therewith,to any corporation,partnership,company,association,organization,bid depository,or to
any member or agent thereof, or to any other individual except to any person or persons as have a
partnership or other financial interest with said bidder in this general business.
DATED: 06 k310'$
SIP1 ATURE
On this the—11_day of -1uin E '200 efore e,the�un,yders�i ed,a Not Public
A
in and for said State, personally appeared zij L
/proved to me on the basis of satisfactory evidence,to be the personXwhose
name/ JS subscribed to the within instrument, and acknowledge that _�
executed it.
WITNESS my hand and official seal.
• / D43 _ &�s� JOE N.ORTEGq
U COMM
Notary Public in and for said State YPU. 243
## x175599243
edea BM
eounry
Canwrt JULY 28,Tp11
16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of LOS ANGFT.F.4 J}
On (12 - 13 • Zoc�t before me, TOE N-nRTar_A_ NOT Y P LIC
Date era nserf ame antl a oTUe Officer
personally appeared FARTT) cnRnlmT
ame(s)of Signers)
who proved to me on the basis of tisfactory evidence to
be the person{ rwhose namedrasubscribed to the
within instrument and acknowl dged to me that
I�{ kekheq executed the same ir � authorized
capacity(iesr and that b t�i erGthairrsignature(*on the
:E:N ORTMA instrument the persoa(*, or the entity upon behalf of
.#1759243 which the persoo(s}acted, executed the instrument.
,WARYPU
BI wL
9Counl1yym
aXp.JULY2t1,2011 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my ha and official seal.
Signature—ha
r4
Place Notary Seal Above Signature of"ary PutAn
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ GeneralEl ❑ ElPartner— Limited General
El _ _Attorney in Fact C1Attorney in Fact ffiffilem
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
C2007NOibm)Notary AssociaGon•9?S Soto Ave.,P.O.Bm2492•Chafswwfh,CA91313-2402•www tiaaWofaryorg Item#5907 Rorder:Can Taut-Fleet-B00-878- 7
DESIGNATION OF SUB-CONTRACTORS
Submit with Proposal.
In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of
California as amended,the undersigned certifies that he has used the sub-bids of the following listed
sub-contractors in making up his bid,and that the sub-contractors listed will be used for the work for
which they bid, subject to the approval of the Engineer, and in accordance with the applicable
provisions of the Specifications. It is understood and agreed that all those portions of the work
called for in the contract documents for which a sub-contractor is not listed will be performed by the
undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be
written in the name of the general contractor only.
Item of Work Sub-contractor License No. Address Phone
n & Classif�a 'ox
z. _� C �
3. � (�CQwr$t1Q
4. UUU�
5.6.
HI
7. D J
8.
�,nu tYo»m en'ta.� �nrtSl l t r,G.
Bidder's Narrte
thorized gnature
• NOTE: All sub-contractors shall obtain a City Business License prior to start of construction. Proof shall be required
prior to commencement of construction.
17
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, ENVIRONMENTAL CONSTRUCTION,
INC. as PRINCIPAL, and VIGILANT INSURANCE COMPANY
as SURETY, hereinafter called Surety, are held and firmly
bound unto the San Juan.Capistrano Community Redevelopment Agency,Obligee,hereinafter called
Agency, in the Burr. of S 107 OF AMT. BID , for payment whereof Principal and Surety bind
themselves,their he its,executors,administrators,successors and assigns,jointly and severally,fairly
by these presents.
THE CONDITION OF THIS OBLIGATION is such that, whereas the Principal has
submitted the accompanying bid dated JUNE 17, 2008 for the construction of
LOS RIOS PARK AND PARKING LOT IMPROVEMENTS for the San Juan
Capistrano Community Redevelopment Agency, Orange County, California.
NOW,THEREFORE,if the Principal shall not withdraw said bid within thirty(30) days
after the opening of same,and shall,within fifteen(15)days after the agreement has been presented
to him for execution, enter into a written contract with the Agency in accordance with the bid as
accepted, and if the Principal shall give the required bond with good and sufficient sureties, or
sureties for the faithful performance and proper fulfillment of such contract and for the protection of
laborers and mater al men,or in the event of the withdrawal of said bid within the periods specified,
or the failure to ant-.r into said contract and give said bond within the time specified,if the Principal
shall,within sixty i.0)days after request by the Agency,pay the Agency the difference between the
amount specified i a said bid and the amount for which the Agency may procure the required work
and/or supplies if-he latter amount be in excess of the former, then the above obligation shall be
void and of no effect, otherwise to remain in full force and virtue.
Further, as a part of the obligation secured hereby, and in addition to the face amount
specified therefor; there shall be included costs and reasonable expenses and fees, including
reasonable attomey's fees, incurred by Agency in successfully enforcing such obligation,all to be
taxed as costs and included in any judgment rendered.
22
IN WITNESS WHEREOF,the above-bounden parties have executed this instrument under
their several seals taus 11 th day of JUNE 2008,the name and corporate seal of each
corporate party bei;tg affixed hereto and these presents duly signed by its undersigned representative
pursuant to authority of its governing body.
Two Witnesses (If Individual) ENVIORNMENTAL CONSTRUCTION, INC.
PRINCIPAL
itle: Srt,e �-k.�
ATTEST (If Corporation)
Corporate Seal VIGILANT INSURANCE COMPANY
SURETY
ATTEST 8
SHAWN BLUME
Title: ATTORNEY—IN—FACT
Title:
APPROVED AS TO FORM:
Omar Sandoval,A gency Attomey
23
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On before me, R. CISNEROS "NOTARY PUBLIC"
(Here insert ionic and title of the officer)
personally appeared SHAWN BLUME
who proved to me on the basis of satisfactory evidence to be the personA whose namcKisAw&subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/herA heir authorized
capacity0es3, and that by his/hcn4heir-signatureq�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.
WITNESS my hand and official seal. COMM. #1796916
NOTARY PUBLIC-CALIFORNIA
RIvEomm.Expires
COUNTY
(Notary Seeq My Comm.Expires June 7,2012
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknovledgmem completed In Cal(/ornia must conarm verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in The nomy secdom oe a separate ack smkedgueent form must be
Property completed and marched to that documentThe only exception a tf a
docamem is To be recorded outside of Calormia.In such Inssawn,any alternative
(Title or description of attached docunrcM) acknavkdgment verbiage as may be printed on such a doctanrnt so long as the
rYrbiage does not require the misery to do romedu g That Is Illegal far a misery in
Cohfo kr fl.e. certy5ing The authorised capacity of the signer). Please check the
(Title or descripien of attached document continued) documem carefully for proper notarial wording and mtach this form(/required.
- Slate and County information must be the State and County where the document
Number of Pages Document Date signiu(s)personally appeared before the notary public for actnowledgmrnt.
- Date of notarization most be the date that the signers)personally appeared which
must also be the some date the acknowledgment is completed.
(Additional information) - The notary public must print his or her name ® it appears within his or her
commission followed by a comma and then your title(notary public).
- Print she mame(s) of document signer(s)who personally appear at tine time of
notuvaliat.
CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural fours by crossing off incorrect forms(i.e.
❑ Individual(s) hayshddwyr is/etc)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording
❑ Corporate Officer - The notary said impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) - Sigrmtue of the notary public must match the signature an file with ase office of
the county clerk.
❑ Attomey-in-Fact O Additional information is not required bid could help to comer this
❑ Trustee(s) acknowledgment is not misused or anached to a different document.
❑ Other 0 Indicate title or type of attached document,number of pages and date.
* Indicate dee capacity claimed by the signer. If the claimed capacity is a
caprate officer,indicate the title(i.e.CEO,CFO,Secretary).
- Securely amech this document to the signed document
2008Vemion CAPAvl2.10.07900-573-9865 www.NntayClesses.con
C Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Or-tu6B
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,
and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint ROSEMARY CISNEROS,SHAWN BLUME,SUSAN C
MONTEON,MICHAEL D STONG of RIVERSIDE,CALIFORNIA—
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their
behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in
the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said
bonds or obligations.
In witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed
and attested these presents and affixed their corporate seals on this 7th day of October,2004
Edward J.Reilly,A nt Secretary M T.W.Cavanaugh,Vice President
STATE OF NEW JERSEY
SS.
County of Somerset
On this 7th day of October,2004 before me,a Notary Public of New Jersey,personally came Edward J. Reilly,to me known to be Assistant
Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY, the companies which executed
the foregoing Power of Attorney,and the said Edward J. Reilly, being by me duly sworn,did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals
affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies; and that he
signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted wsh T.W.Cavanaugh,and knows him to
be Vice President of said Companies;and that the signature of T.W.Cavanaugh,subscribed to said Power of Attorney is in the genuine handwriting of T.W.
Cavanaugh,and was thereto subscribed by authority of said By-Laws and in deponent's presence.
KATHERINE KALRACHERNOTARYPUBLIC OF NEWJER
SEYNo.X316685Commission ExPins July B,2009
Notary Public
Public
CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the
Chairman or the President or a Vice President or an Assistant Vice President.jointly with the Secretary or an Assistant Secretary,under their
respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:
Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company
may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact
for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of
attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or
undertaking to which it Is attached"
I,Edward J.Reilly,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the
"Companies")do hereby certify that
@ the foregoing extract of the By-Laws of the Companies is true and correct,
(i) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of
Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin
Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and
Iiii) the foregoing Power of Attorney is true,correct and in full forceand effect r/
Given under my hand and seals of said Companies at Warren, ((en,NJ this Yl —11 -00
t1NAN�, Ner •rSUMN�f
64-Z
f
ry < f rrr t• i i
vA'OIANT' '� MSvv' NEW YOa�' and J.Reilly,Assigant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY
US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY
Telephone (908)903-3493 Fax (908)903-3656 email: surety&hubb.com
Farm 15-10-0225D-U (Ed.10-02) CONSENT
32400 PASEO AOELANTO �, � � � MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675
(949)493-1171 ,,//,,�� SAM ALLEVATO
(949)493$1053 FAX }J 1 mca A,a,n(9 THOMAS L MRIBAR
p r8 171760 1961 JOE SOTOLSEN
wwwsan Nanca islrano.o
• • DR.LONDRES USO
Addendum Number 1
Dated: June 11, 2008
PROJECT: LOS RIOS PARK AND PARKING LOT IMPROVEMENTS
(CIP NO. 465)
This addendum is issued by approval of the City Engineer as authorized below.
Please note that the issuance of this addendum does not alter the bid opening date
and time, which are set for June 17, 2008, at 2:00 pm at the City Clerk's Office.
In case of questions, please contact Khoon Tan, Associate Engineer, at 949/443-
6353.
Authorized: Nasse Abbaszadeh, PE, City Engineer Date
Please sign and attach a copy of this addendum to your bid to ensure your
receipt of the latest project information.
04�2�2z� 06 lis /09
,,16ntract0;,P1dthorized signatory Date
San Juan Capistrano: Preserving the Past to Enhance the Future
Printed on 100%recyGetl paper
Bid Opening Report
Bids Opened June 17, 2008 at 2:00 p.m.
Project Title Los Rios Park& Parking Lot
Project Engineer Khoon Tan, Associate Eng. Pre Bid Estimate $ 3,329,610.00
Bidder Bid Amount Bid Bond/Addenda?
9 . Park West Landscape , Inc . $ 7 O2� 3,--77 /
z_
1Q LOs Angeles Engineering Inc . $
11, Bluefin Construction , Inc . $3�
C12 . Environmental Construction
$
$
Sign ( Date
cc: City Clerk Staff(3)
Project Department(3)
The above bid amounts have not been checked. The bid totals are subject to correction
after the bids have been completely reviewed.
Bid Opening Report
Bids Opened June 17, 2008 at 2:00 p.m.
Project Title Los Rios Park and Parking Lot Improvement Project
Project Engineer Khoon Tan, Assoc. Eng. Pre Bid Estimate $3,329,610.00
Bidder BidAmount Bid Bond/Addenda?
1. CAL-PAC Engineering Co . Inc . $ / /(
._ 7T� 7"? (
2, Landmark Site Contractors $ 3 101 V)�
3. SMC Costruction Co . $ 3 0
4. Metro Builders $ Engineering V q1°
// 5 C. S Legacy Construction $ DS
8 Pima Corporation $ I oyq� (�Q� / yes
7 Zusser Company $
�
a 52�
Great West Contractors $ / ✓ /�l� ��S / ���
8. / ✓ y V
Sign Date
cc: City Clerk Staff(3)
Project Department(3)
The above bid amounts have not been checked. The bid totals are subject to correction
after the bids have been completely reviewed.
AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION
STATE OF CALIFORNIA, ) RECEIVED
) s5.
County of Orange ) = KAY 21 P 21 12
I am a citizen of the United States and a resident CITY CLERK
of the County aforesaid; I am over the age of IRAN JUAN CAPISTRANU
eighteen years, and not a party to or interested in
the above entitled matter.I am the principal clerk
of the Capistrano Valley News, a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California,on June 7,
1984, Case No. A-122949 in and for the City of
San Juan Capistrano, County of Orange, State of
� ' jq�IIIYm�SIM
California; that the notice, of which the annexed �w yaw M"^1W4AXaro wr
is a true printed copy,has been published in each
g newspaper NoUeno whit r ° I•d proPO8BI8 °f tiiCRY -1 En roi me
re
regular and entire issue of said news a er and �non�M• �Rro PmkW J•d"�mOalmv •
not in any supplement thereof on the following meni•unvi 2.00 P m �'fl1B��11 d°r
2:00 P
A id-nl=o•ro•°4 CCW-n.11Wd
dates,to wit: yd Jurw 2005.in the c11Y a•rk,•
OoP1•°of Me SP•e°e m as on flb o?324W Pa o
May 15 22 2008 m bgo
•ob-
y iS non�=,bW1wc•bl• h•'9•oiXicBrn��•mmi,W
of 820 to eacK e•1 d PI•n••nd SP•o
"I certify (or declare) under the penalty of o�d, _"7,20N
perjury under the laws of the State of California
fMAF%IR.M644N OY I�TjOCLERK
that the foregoing is true an :d correct" Cn,OF SAN JUAN GPI
g g ORANGE COUNVCALIFORNIA
Executed at Santa Ana,Orange County, Pubfl•h:C•Pi•tr•no V•II•y N•w• May 15.22,MW 86059E2
California,on
Date; May 22,2008
Signature
Capistrano Valley News
625 N.Grand Ave.
Santa Ana,CA 92701
(714)796-2209
NOTICE OF TRANSMITTAL
CAPISTRANO VALLEY NEWS
Legal Publications
CHARGE TO ACCOUNT NO: 0041125000
FOR PUBLICATION ON: MAY 15, 2008
MAY 22, 2008
DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS - LOS RIOS PARK
AND PARKING LOT IMPROVEMENTS
PROOF OF PUBLICATION: Please fax to:
City Clerk's Office, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
fax (949) 493-1053
telephone (949)493-1171
AUTHORIZED BY: e2t
nahan, City Clerk
DATE:
Date of Bid Opening - 06/17/2008
Date(s) notice published - 05/15/2008
- 05/22/2008
Date affidavit received -
Date notice posted in - 05/15/2008
designated posting places
NOTICE INVITING BIDS
LOS RIOS PARK AND PARKING LOT IMPROVEMENTS
Notice is hereby given that the City of San Juan Capistrano will receive sealed
proposals or bids for the Construction of the Los Rios Park and Parking Lot Improvements
until 2:00 p.m. on the 17`h day of June 2008.
A pre-bid conference is scheduled for 2:00 p.m. on the 3" day of June 2008, in the
City Council Chamber.
Copies of the Specifications are on file in the City Clerk's office at the City of San
Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be
obtained at the non-refundable charge of $120, plus a charge of $20 for each set of Plans
and Specifications mailed.
Dated: May 7, 2008
MA A ET R. MONAHAN, CITY CLERK
CIT OF SAN JUAN CAPISTRANO
O NG COUNTY, CALIFORNIA
NOTICE INVITING BIDS
LOS RIOS PARK AND PARKING LOT IMPROVEMENTS
Public notice is hereby given that the City of San Juan Capistrano will,up to 2:00 pm on the 17d'day
of June 2008,receive seated proposals or bids for the construction of the Los Rios Park and Parking
Lot Project in accordance with the approved Plans, Specifications, Special Provisions, and the
Standard Specification for Public Works Construction, 2006 Edition, including all supplements
therefore, on file in the office of the City Clerk of the City of San Juan Capistrano,California. Bids
will be received until the time hereinbefore stated at the City Clerk's Office, San Juan Capistrano
City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California.
The project includes,but not,limited to a parking lot and a park on City owned property,a portion of
which is in a historic district. The parking lot is proposed to include 83 parking spaces, delivery
drop/pickup turn-around,landscape and lighting. The park is proposed to include a bio-swale,a tot
lot,restroom building,an equestrian rest area,picnic areas,lighting,trash enclosure and landscaping;
and implementation of Best Management Practices (BMP) for storm water pollution prevention
during all construction activities; and other general improvements.
No bid will be accepted unless it is made on a proposal provided within these specifications. Any
person desiring to submit a bid proposal in response to this bid package must first purchase the bid
package. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or
bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent
(10%) of the total bid amount.
The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to the City
of San Juan Capistrano in the event such successful bidder fails to enter into the required contract
within 15 days after the written notice that said contract has been awarded to him for the work.
The City of San Juan Capistrano shall not be responsible for any instructions, explanations, or
interpretation of the plans, specifications, and contract documents present to the bidders in any
manner.
A pre-bid conference is scheduled at 2:00 pm on the Yd day of June 2008, in the City Council
Chambers. The contractor shall have the opportunity for clarification or interpretation of any point
or points of question within the plans and contract documents or specifications. It is the contractor's
responsibility to be in attendance at this conference to receive any information disclosed during the
proceedings,for the City of San Juan Capistrano shall not disseminate any records of the conference.
Exclusive of written addenda and this pre-bid conference,the City of San Juan Capistrano shall not
be responsible for any instructions, explanations, or interpretation of the plans, specifications, and
contract documents presented to the bidders in any manner.
The successful bidder,simultaneously with the execution of the contract,will be required to famish a
Faithful Performance Bond equal in the amount of one-hundred percent(100%)of the contract price.
The surety bond company must be selected from among the surety companies set forth in the
Standard Specifications.
The City Council reserves the right to reject any and all bids received and to compare the relative
merits of the respective bids and to choose that, which in the opinion of the City of San Juan
Capistrano, will best serve the interests or needs of the City of San Juan Capistrano.
A time limit of one-hundred fifty(150)calendar days has been set for the completion of the work,
from the date of the Notice to Proceed.
BIDDERS ARE HEREBY NOTIFIED THAT,pursuant to the Labor Code of the State of California,
conies of the Prevailing rate of per diem wages, as determined by the Director of the State
Department of Industrial Relations, are on file in the office of the City Clerk and shall be made
available to any interested party on request.
Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano,
32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for
use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the
address shown above. One set of plans and specifications is available for each general contractor
proposing to submit a bid for said work. A charge in the amount of$120, non-refundable, is
required for obtaining each set of plans and specifications. There will be a$20 charge for postage
and handling on all plans and specifications mailed.
Each bidder shall state the California Contractor's License Number and Classification of such bidder
so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance
with the provisions of the laws of the State of California relating to the licensing of Contractors.
This Notice is hereby given and published b �ir`der of the City Coun 1 ember of the City of San
Juan Capistrano and is dated this day of 12008.
Jba 62-
t R Monahan, City Clerk
San Juan Capistrano
County, California
5/6/2008
D10
AGENDA ITEM
TO: David Adams, City Manager
FROM: Nasser Abbaszadeh, Engineering & Building Director
SUBJECT: Consideration of Approval for Plans and Specification and Authorization to
Receive Bids for the Los Rios Park and Parking Lot Improvement Project
(CIP 465) Council Priority 12A
RECOMMENDATION
By motion,
1. Approve the plans and specifications for the Los Rios Park & Parking Lot
Improvement Project and authorize the City Manager to direct a 10%
contingency in construction cost as needed; and,
2. Authorize Staff to receive bids.
SITUATION
A. Summary and Recommendation
Plans and specifications for the Los Rios Park and Parking Lot Improvement
Project have been prepared. Staff is requesting approval and authorization to
receive bids. A copy of the plans and specifications is available for review in the
City Clerk's office. A copy has also been placed in the City Council Office.
B. Background
At the August 21, 2007 meeting, City Council reviewed the comments and
recommendations of City Commissions and Committee and directed Staff to
proceed with development of project construction plans and specifications.
C. Schedule
The project is scheduled to commence construction in summer 2008 and be
completed in spring 2009.
Agenda Item
Page 2 May 6, 2008
COMMISSION/BOARD REVIEW, RECOMMENDATION
On April 4, 2006 the City Council approved the Los Rios Park Master Plan and directed
staff to prepare construction plans and specifications for the project. Over the last year,
the conceptual designs and detailed plans have been reviewed by the Design Review
Committee, Parks, Recreation & Equestrian Commission, Cultural Heritage Commission
and Planning Commission. On August 21, 2007, City Council reviewed the comments
and recommendations of City Commissions and Committee and directed Staff to
proceed with development of project construction plans and specifications.
FINANCIAL CONSIDERATIONS
The project cost estimators (Jacobus & Yuang's) have determined the construction to
be in the amount of $4,906,994. A total of $3,535,000 is budgeted for construction in
CIP Account Number 12-65300-4713-465 for FY 2008-2009.
Funding in this account is made up of the following:
2002 Resources Bond Act Per Capita Grant Program $ 220,000
2002 Resources Bond Act Roberti-Z'berg-Harris Block Grant $ 93,963
CRA $ 1,250,000
CFD $ 1,000,000
Parks & Recreation $ 971,037
To ensure that construction costs are near the existing project budget (prior to receiving
actual bids), staff has selected items within the overall project as "add items" (or bid
alternates) to receive bids over and beyond the project "base items". Once the bidding
process is complete, the "add items" may be included as part of the project or deferred
for future consideration. The selected "add items" with approximate costs are as
follows:
Arbors ("C", "D", and "E") $ 42,060 (est.)
Landscape boulders (various sizes) $ 346,749 (est.)
Equestrian fencing $ 81,994 (est.)
Park lighting (park & parking lot) $ 185,550 (est.)
Large play structurew/ swings $ 280,111 (est.)
Secondary irrigation system $ 33,160 (est.)
Total $ 969,624 (est.)
In addition to the above, other minor items such as types of picnic tables, park benches,
etc. have also been identified to potentially lower the contract cost. These minor items,
if they result in substantial savings, will be brought back to City Council's attention once
the bidding process has concluded.
Agenda Item
Page 3 May 6, 2008
NOTIFICATION
A mailing notice was sent to all property owners within 500 feet of the project area
boundaries. In addition, notices were sent to the property owners who provided public
comment at the various public meetings.
RECOMMENDATION
By motion,
3. Approve the plans and specifications for the Los Rios Park & Parking Lot
Improvement Project and authorize the City Manager to direct a 10%
contingency in construction cost as needed; and,
4. Authorize Staff to receive bids.
Respectfully submitted: Prepared by*
Nasser Abbaszadeh, P.E. hoon Tan, P.E.
Engineering & Building Director Associate Engineer
Attachments:
1. Location Map
2. Plans & Specifications
3. Notification list
THE CITY OF
SAN JUAN CAPISTRANO
Yl iA�
X
1A
A
.7 LOS RIOS PARK SITE
DEL
'h-
LOS RIOS PARK
AND PARKING LOT PROJECT
(CIP NO. 465)
0 3000 6000 9000 Feel
ATTACHMENT 1
ATTACHMENT 2
LARGE SCALE MAPS WERE PROVIDED TO
CITY COUNCIL MEMBERS AND THE CITY
CLERK'S OFFICE FOR PUBLIC REVIEW
ATTACHMENT 3
A COPY OF THE NOTIFICATION LIST WILL
BE AT THE CITY CLERKS OFFICE FOR
REVIEW
Los Rios Park MISSION HACIENDA CALIFORN IA VILLEGAS,MARK A
Cit Council MeetingGENERAL PARTERNSHIP 26591 MISSION ST
City 31681 CAMINO CAPISTRANO SAN JUAN CAPISTRANO,CA 92675
August 21, 2007 SAN JUAN CAPISTRANO,CA 92675
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ASSN
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TIRADO,ALFONSO PEREZ,ZENON&MARGARITA MARSH,MARK H SR&LINDA A
31532 LOS RIOS ST 120 31534 LOS RIOS ST 121 31536 LOS RIOS ST 122
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
MUVIZ,EDUARDO&JUANA HERNANDEZ,JORGE SR BARNES,GERALD R TRUST
31538 LOS RIOS ST 123 31542 LOS RIOS ST 124 31544 LOS RIOS ST 125
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675
TEDOR.LFRED J MONTES,SERGIO GARCIA SALDIVAR,ENRIQUE&MARCELA
31546 LOS RIOS ST 126 31548 LOS RIOS ST 127 31552 LOS RIOS ST 128
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
PASTRANO,ENRIQUE FIGUEROA,ANTONIA GARCIA,VICTOR L
31554 LOS RIOS ST 129 31556 LOS RIOS ST 130 31558 LOS RIOS ST 131
SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
GRANADOS,JOSE GUADELUPE& CASTANEDA,HORTENCIA B SOLIS,RODOLFO G&ISABEL
VERONICA' 31574 LOS RIOS ST 133 31576 LOS RIOS ST 134
31572 LOS RIOS ST 132 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
SAN JUAN CAPISTRANO,CA 92675
ARGENT MORTGAGE SERIES 2006-M1 GARCIA,EMILIANO MENDOZA,MAGDALENA
31578 LOS RIOS ST 135 31582 LOS RIOS ST 136 31584 LOS RIOS ST 137
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
CASTILLO,RAMIRO&ELSA MAGANA,JAVIER L&MARIA GEMA MEDRANO,JOSE A
31586 LOS RIOS ST 138 31588 LOS RIOS ST 139 31592 LOS RIOS ST 140
SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
MARTINEZ,JOSE DOLORES&DELIA ALVARADO,SANTOS SMITH,MARIE
31594 LOS RIOS ST 141 31596 LOS RIOS ST 142 31598 LOS RIOS ST 143
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
LEYVA,ALONDRA GONZALEZ,ERNESTO FLORES,LEVI
31602 LOS RIOS ST 144 31604 LOS RIOS ST 145 31606 LOS RIOS ST 146
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
OTERO,DUSTY W YVONNE TCHAIKOVSKY GILBERT JONES
31711 VIA MADONNA 27367 PASEO PLACENTIA 27569 VIA MONTOYA
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675
JODY JOHNSON MR.AND MRS.WOOD
27701 PASEO ESTEBAN 27941 VIA DE COSTA
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675
ROBERT CARDOZA SHELDON COHEN
PC COMMISSIONERS 27742 PASEO BARONA 31162 CASA GRANDE DRIVE
SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO, CA 92675
VIRGINIA KERR TIM NEELY GENE RATCLIFFE
28432 VIA MONDANO 28201 VIA RUEDA 31272 VIA PARKA
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
CHC COMMISSIONERS DAVID BELARDES
31742 VIA BELARDES
SAN JUAN CAPISTRANO,CA 92675
JANET SIEGEL LORIE PORTER DON TRYON
27201 CALLE DELGADO 27250 CORTE MONTECITO 27539 PASEO MIMOSA
SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
ED NUNEZ NATHAN BANDA
31392 LA MANTZA STREET 26671 PASEO TECATE
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
CITY COUNCIL
SAM ALLEVATO MARK NIELSEN DR. LONDRES USO
31321 VIA LAS PALMAS 31621 VIA QUIXOTE 31302 VIA LAS PALMAS
SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675
SOTO JOE
29311 SPOTTED BULL THOMAS W.HRIBAR
SAN JUAN CAPISTRANO,CA 92675 31911 PASEO MONTE VISTA
SAN JUAN CAPISTRANO,CA 92675
5/06/2008
ILAM V OIFIF I CIESS (OF 11HOSS AXIVU D10
STEPHEN M. RIOS
Attorney at Law
32302 Camino Capistrano,Suite 205 Stephen M. Rios
San Juan Capistrano, CA 92675 Admitted to Practice 1976
Telephone:(949)493-1166 May 5, 2008 Serita A.Rios
Fax:(949)493-0181 Admitted to Practice 2006
sg.phenmrin C�b_cglobal.net
Honorable Members
San Juan Capistrano City Council
City Hall
32400 Pasco Adelanto
San Juan Capistrano, CA 92675 =
s
Re: Los Rios Park Design ?--c n
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Dear Council Members: 4<�� -� �
I am writing to you concerning the design of the fence that divides m4roper frorg3hat
of the City as it relates to the Los Rios Park. I understand that this matter is sdiieduleifor May 6,
2008, at 6:30 p.m. I hope to attend that meeting, but if I am unable to do so, please consider this
communication.
I believe the present design includes a fence along our respective property lines that
begins near the "big pepper tree", which is located on Los Rios Street, and this fence continues
in a westward direction along our property line toward Paseo Adelanto Street.
For as long as I can remember, my family has been able to sit in our front yard and look
north up Los Rios Street and enjoy the view of our neighbor's yard and garden as well as our
friends and visitors who are walking on Los Rios Street. I certainly would not want a fence
design that would impede or obstruct the view as we look north on Los Rios Street. Such a
design would create a boxed in feeling inac my ianiily would not enjoy, nor would the people
who are walking on Los Rios Street.
Accordingly, I respectfully request that any solid fence design begin at the second pepper
tree which is located 60 feet west of Los Rios Street on our property line. This would allow the
existing view to remain unobstructed.
Very truly yours,
Dictated but not read
Mailed to avoid delay
STEPHEN M. RIOS
SMR:ko Attorney at Law
Emphasis on Criminal Defense &Family Law