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14-0506_EXCAVATING ENGINEERS, INC._D10TO: FROM: DATE: SUBJECT: 5/6/2014 010 City of San Ju~ Age a Karen P. Brust, CityAa e~ ~-rtJ\ Keith VanDer Maaten, P .. , Public Works and Utilities Director \l .. (1~«-­ Prepared by: Khoon Tan, P.E., Senior Civil Engineer ~ ~;I. v.._'(' May 6, 2014 Consideration of Award of Contract for the El Camino Real at Don Juan Avenue Retaining Wall Project, Approval of a Personal Services Agreement for Construction Support Services with Huitt-Zollars, Inc., and Acceptance of a Right-of-Entry License Agreement with the Capistrano Unified School District (CIP 07111) (Excavating Engineers, Inc.) RECOMMENDATION: By motion, 1. Award the Contract for the El Camino Real at Don Juan Avenue Retaining Wall Project (CIP 07111) to the lowest responsible bidder, Excavating Engineers, Inc., in the not to exceed amount of $452,305 and reject all other bids; and, 2. Authorize the City Manager to approve changes in a total amount not to exceed 10% of the Contract amount; and, 3. Approve a Personal Services Agreement with Huitt-Zollars, Inc. for construction support services in the not to exceed not to exceed amount of $32,290; and, 4. Accept a Right-of-Entry License Agreement with the Capistrano Unified School District. EXECUTIVE SUMMARY: Staff is recommending that the City Council award the Contract to the lowest responsible bidder, Excavating Engineers, Inc. in the not to exceed amount of $452,305 and authorize the City Manager to approve Change Orders to the Contract provided that they do not exceed 10% (or $45,230) of the Contract amount. Furthermore, staff is recommending that the City Council approve a Personal Services Agreement with Huitt- Zollars, Inc. for construction support services in the not to exceed amount of $32,290. Staff is also recommending the acceptance of a Right-of-Entry License Agreement with the Capistrano Unified School District necessary to facilitate the construction of the project. City Council Agenda Report May 6, 2014 Pa e 2 of 5 DISCUSSION/ANALYSIS: On September 18, 2012, the City Council approved a Personal Services Agreement with Huitt-Zollars, Inc., to prepare Plans, Specifications, and Cost Estimates for the El Camino Real at Don Juan Retaining Wall Project. On July 16, 2013, the City Council approved the project's Plans and Specifications, and authorized staff to receive bids. Prior to bid advertisement, the Capistrano Unified School District had requested that the City defer construction until the summer of 2014, when school is out of session. Bid advertisement was deferred to March 13, 2014, and March 20, 2014, with bid opening recently held on April 3, 2014. Bids are valid until July 2, 2014, a period of ninety (90) days from the bid opening day. A total of six (6) bids were received for the project as follows: Contractor Name Excavating Engineers, Inc. Los Angeles Engineering, Inc. The Richards Group C.S. Legacy Construction, Inc. Peterson-Chase General Engineering Construction, Inc. Beador Construction Company * Verified amounts. Bid Amount $450,805 * $ 487,631 * $489,544 * $ 497,471 * $533,936 $603,095 Bid amounts shown above are exclusive of alternate items. Staff is recommending the inclusion of an alternate "Ninety (90) Day Landscape Maintenance" item for $1,500 to be included as part of the Contract award to Excavating Engineers, Inc. for a total not to exceed Contract amount of $452,305. Sub-contractors listed for this project are Tree Smith Enterprises, Alcorn Fence, A.C. Dike Company, and Midori Landscape. Staff is also recommending the approval of a Personal Services Agreement in the not to exceed amount of $32,290 for construction support and cultural resources services consisting of Huitt-Zollars, Inc. (prime consultant I civil engineer of record), GMU Geotechnical, Inc., (sub-consultant I soils engineer of record), and BonTerra Psomas (sub-consultant I archeologist of record). Cost for BonTerra Psomas also includes a Native American monitor from the Juaiieno Band of Mission Indians Acjachemen Nation. Construction of the proposed retaining wall along the westerly slope area of El Camino Real requires the use of the Capistrano Unified School District's property (parking lot) located at 31422 Camino Capistrano for construction staging. Acceptance of the Right- of-Entry License Agreement with the Capistrano Unified School District (Attachment 3) is required to facilitate project construction. City Council Agenda Report May 6, 2014 Pa e 3 of 5 FISCAL IMPACT: The Fiscal Year 2013-2014 Amended Budget for this project was $417,650 as of July 1, 2013. On December 17, 2013, the City Council approved an adjustment to defer $219,053 of the project's Fiscal Year 2013-2014 funding to Fiscal Year 2014-2015 as a result of the City's decreased Gas Tax funding. An additional $156,474 of funding is included in the proposed budget adjustments for the City's Third Quarter Financial Report, which is being presented to City Council at an Adjourned Regular Meeting on May 6, 2014. This adjustment is a result of the following changes to the City's Fiscal Year 2013-2014 Capital Improvement Program Budget: Savings from Completed and Deferred Projects: Quiet Zone (CIP 7118) Pavement Management Program (CIP 8102) Rancho Viejo Road Rehabilitation (CIP 11108) Total Savings from Completed Projects Un-funding of Downtown Sidewalk lmprovements/Forster Street/Camino Capistrano Project (CIP 14102) Total Funding Additional Available for the El Camino Real at Don Juan Retaining Wall $40,040 2,450 74 $42,564 113 910 $156.474 The Downtown Sidewalk lmprovements/Forster Street/Camino Capistrano Project (CIP 141 02) is being deferred to a future Fiscal Year based on the coordinated effort with the Urban Village Development Project. The resulting approved budget will be as follows: Fiscal Year 2013-2014 Amended Budget Third Quarter Proposed Budget Adjustment Fiscal Year 2013-2014 Revised Budget Fiscal Year 2014-2015 Proposed Budget Total Project Budget $198,597 156 474 $355,071 219,053 $574.124 The available project budget of $57 4,124 is sufficient to cover the total expenses of $529,825 which includes the Contract to Excavating Engineers, Inc. (not to exceed amount of $452,305), the 10% Contract contingency ($45,230), and the Personal Services Agreement with Huitt-Zollars, Inc. (not to exceed amount of $32,290). The remainder balance of $44,299 is sufficient to cover City staff time and other internal costs. City Council Agenda Report May 6, 2014 Pa e 4 of 5 ENVIRONMENTAL IMPACT: The City's Environmental Administrator has reviewed the project and has determined that the project qualifies for a Class 1 (c) Exemption per Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. The proposed project includes provisions for archeological monitoring during demolition and grading which will assure that project impacts would not occur and thus, allow approval of the Notice of Exemption. PRIOR CITY COUNCIL REVIEW: • On July 16, 2013, the City Council approved the Plans and Specifications for the El Camino Real at Don Juan Avenue Retaining Wall Project (CIP 07111) and authorized staff to solicit and receive bids. • On September 18, 2013, the City Council approved a Personal Services Agreement with Huitt-Zollars, Inc., to prepare Plans, Specifications, and Cost Estimate (PS&E) for the El Camino Real at Don Juan Avenue Retaining Wall Project (CIP 07111) and the Paseo Peregrina Cul-De-Sac Drainage Mitigation Due to Soil Subsidence Project (CIP 12501) for a total not to exceed amount of $65,295 ($48,425 for CIP 07111 and$16,870forCIP 12501). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • On March 21, 2013, the former Design Review Committee (DRC) conducted a Work-Session to review the project details. The Committee provided comments and requested that additional landscape information and a material wall sample be presented to the Committee for consideration. • On May 28, 2013, staff presented the project to the Cultural Heritage Commission (CHC). The Commission provided comments regarding preference for a stone wall, or a wall type and color similar to the existing Works Progress Administration (WPA) wall, as opposed to the proposed gravity wall, as represented by the wall sample made available for viewing during the meeting. • On June 6, 2013, staff presented additional landscape information and a material wall sample as previously requested to the former DRC for consideration. The former DRC forwarded the wall and landscaping concept, inclusive of the wall sample, to the Planning Commission with a recommendation of approval. • On June 25, 2013, staff presented the project to the Planning Commission. The Commission forwarded the project to the City Council with a recommendation of approval, and with comments to consider timing of construction in conjunction with the Capistrano Unified School District's schedule. City Council Agenda Report May 6, 2014 Pa e 5 of 5 NOTIFICATION: Marty Smith (Excavating Engineers, Inc.) Aaron O'Brien (Los Angeles Engineering, Inc.) The Richards Group (Richard Uribe) Gregg Strumpf (C.S. Legacy Construction, Inc:) Greg Chase (Peterson-Chase General Engineering Construction, Inc.) David Bead or (Beador Construction Company, Inc.) Ken Rukavina, P.E. (Huitt-Zollars, Inc.) Jose de Jesus Leal, CLIA, CID (MIG, Inc.) Michael Imlay, ASLA (Land Concern) John Forney (Capistrano Unified School District) Steve Campbell (San Diego Gas and Electric) Ed Manriquez (Cox Communications) Bob Fleisher (AT&T) ATTACHMENT(S): Attachment 1 -Location Map Attachment 2-Personal Services Agreement (Huitt-Zollars, Inc.) Attachment 3 -Right-of-Entry License Agreement Attachment 4-Contract (Excavating Engineers, Inc.) PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this __ day of , 2014, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Huitt-Zollars, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to provide construction support services for the El Camino Real at Don Juan Avenue Retaining Wall Project (CIP No. 07111 ); 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 Consultant 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 be completed, no later than December 31, 2014. Section 3. Compensation. 3.1 Amount Total compensation for the services hereunder shall not exceed Thirty Two Thousand Two Hundred and Ninety Dollars ($32,290) 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 the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. it is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the 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 the 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 the 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. lndemnitv. 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 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 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' 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 insured 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. 4 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1 ,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (1 0) 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 (1 0) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. 5 To Consultant: Huitt-Zollars, Inc. . 2603 Main Street, Suite 400 Irvine, CA 92614 Attn: Ken Rukavina, P.E. Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 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. Section 20. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same affect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO By: -=--:-::----:--:-------- Sam Allevato, Mayor CONSULTANT By: ------:-:---::c--:---:---=-=----- Ken Rukavina, P.E. Huitt-Zollars, Inc. 7 Exhibit "A" HUITT-ZOLlARS, INC.· 2603 Main Street· Suite 400 • Irvine, CA 92814-4250 · 949.986.5815 phone· 949.988,5820 fox· huitt-zoilars.com Aprill6,2014 Mr. Khoon Tan, P.E. City of San Juan Capistrano 32400 Pasco Adelanto San Juan Capistrano, CA 92675 RE: Proposal for Construction Phase Services for EI Camino Real at Don Juan Avenue Retaining Wall (CIP 07111) HZ Proposal No. P!Ol445.0l.Ol Dear Mr. Tan: Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide this proposal for construction phase services for El Camino Real at Don Juan Avenue Retaining Wall. Our proposal is based upon the scope of services, compensation, schedule, conditions and attachments contained herein. 1.0 Basic Services Construction phase services will be provided by Huitt-Zollars, as well as GMU Geotechnical and BonTerra Psomas (as subconsultants to Huitt-Zollars). Basic services to be provided are as follows: l.l Huitt-Zollars will perform the following: • Attend pre-constmction meetings • Review shop drawing submittals • Attend periodic field meetings • Answer questions from contractor • Respond to RFI' s 1.2 GMU Geotechnical wilt perform the following: • Pre-Constmction Meeting -Attend a pre-constmction meeting, if required by the City of San Juan Capistrano. • Temporary Excavation -Perform geotechnical observation of the temporary excavation that will be required to construct the proposed gravity to confirm short-term stability of the backcut and proper support of the adjacent roadway. • Subgrade Preparation -Perform geotechnical observation and testing of the bottom of the excavation for the leveling pad to confirm that the underlying subgrade soils have the proper compaction and will provide proper support of the leveling pad and gravity wall. EXHIBIT A Mr. Khoon Tan HZ Proposal No. Pl01445.01.01 Aprill6, 2014 Page2 • Leveling Pad-Perform geotechnical observation and testing of the installation of the leveling pad for compliance with Grading and Wall Construction Plans and to confirm that the leveling pad materials have been properly compacted. • Wall Construction -Perform geotechnical observation of the installation of individual stacked wall units for compliance with Grading and Wall Construction Plans. • Subdrain -Perform geotechnical observation of the installation of subdrain for compliance with Grading and Wall Construction Plans. • Wall Backfill -Perfurm geotechnical observation and testing of the native soils placed behind the gravity wall to confirm adequate compaction. • Laboratory Testing -Perform laboratory testing to determine the engineering properties of construction materials for compliance with Construction Plans and Specifications. Such laboratory work includes compaction, particle size (gradation), and shear strength. • Office Support -Provide the services of a senior engineer, as needed, to provide technical support, prepare progress correspondence, and supervise the efforts of our technicians. • Final Report -If required, prepare a final report for City of San Juan Capistrano documenting the results of our observation and testing during wall construction. 1.3 Bon Terra Psomas will perform tbe following: • I 0 Days of full-time monitoring for one archaeologist and one Native American representative, Juanefio Band of Mission Indians Acjachcmen Nation ·- Dave Belardes, and including all direct expenses and a negative finding monitoring report. 2.0 Terms and Conditions The following terms and conditions will apply: 2.1 Construction Observation Huitt-Zollars shall not be responsible for any acts or omissions of the contractor, any subcontractor, any entity performing any portions of the work, or any agents or employees of any of them. Huitt-Zollars does not guarantee the performance of the contractor and shall not be responsible for the contractor's failure to perform its work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. COMPENSATION: UJ Basic Services !.1 1.2 1.3 Services performed by Huitt-Zollars Services performed by GMU Geotechnical Services performed by BouTerra Psomas Total -Basic Services (Hourly Rates NTE) $ 4,080.00 11,000.00 17,210.00 $ 32,290.00 Mr. Khoon Tan HZ Proposal No. Pl01445.0l.Ol Aprill6, 2014 Page 3 2.0 Reimbursable Expenses: 2.! Reimbursable expenses are included in !he above-stated fees and typically include reprodoction of all documents tor client use, meetings, and travel/mileage. 3.0 Total fee: 3.1 Our total estimated budget for this project (Basic Services and Reimbursables) is $32,290.00. We are looking forward to our continued participation in this project, and if you have any comments or questions about any aspect of this proposal, please do not hesitate to give me a call. Sincerely, HUITT-ZOLLARS, INC. /~/~- Ken Rukavina, P.E. Vice President/Office Manager CA PE No. 42866 mlp/kjr/P l 0 1445.0 l. 0 l T an-Final/7k RIGHT OF ENTRY LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE CAPISTRANO UNIFIED SCHOOL DISTRICT (Temporary Construction-CIP 07111 El Camino Real at Don Juan Avenue Retaining Wall Project) THIS RIGHT OF ENTRY LICENSE AGREEMENT ("Agreement") is made and entered into this __ day of _____ , 2014 by and among THE CAPISTRANO UNIFIED SCHOOL DISTRICT ("Licensor"), a school district duly organized and operated under the laws of the State of California, and the CITY OF SAN JUAN CAPISTRANO ("Licensee"), a California municipal corporation. RECITALS A. Licensee intends to embark on a public construction project to construct a retaining wall and related improvements ("Retaining Wall Project"), as more specifically described in Exhibit "A," along certain portions of El Camino Real at Don Juan Avenue in the City of San Juan Capistrano, California, which area is more particularly depicted on Exhibit "B", attached hereto and incorporated herein by reference, commonly referred to as the area located along El Camino Real at Don Juan Avenue, City of San Juan Capistrano, California, (hereinafter referred to as the "EI Camino Real Retaining Wall Project Area"). B. Licensor is the fee owner of the Serra High School Facility depicted on Exhibit "C" attached hereto, Assessor Parcel No. 124-190-23, located at 31422 Camino Capistrano, City of San Juan Capistrano, California, which is directly adjacent to the Retaining Wall Project Area (hereinafter referred to as the "Subject Property"). 1 ATTACHMENT 3 C. In order to complete construction of the proposed improvements within the El Camino Real Retaining Wall Project Area, Licensee requires temporary use of a portion of existing parking area on that certain portion of the Subject Property, which is more particularly depicted on Exhibit "D," attached hereto and incorporated herein by reference (hereinafter referred to as the "Temporary Construction Area"), for ingress, egress, and other construction-related purposes associated with completing the proposed improvements within the El Camino Real Retaining Wall Project Area. D. Licensor desires to give permission to Licensee, and its authorized agents, to access the Temporary Construction Area for ingress, egress, and other construction- related activities associated with completing the proposed retaining wall and related improvements within the El Camino Real Retaining Wall Project Area for the duration of construction within the terms as stipulated in Section 3 of this agreement. NOW, THEREFORE, for valuable consideration receipt of which is hereby acknowledged, and in consideration of the foregoing recitals and the mutual promises, covenants, and conditions contained herein, the parties hereto agree as follows: AGREEMENT 1. RIGHT OF ENTRY Licensor hereby grants to Licensee, its agents, contractors, and invitees, the non- exclusive right to access the Temporary Construction Area for the express purpose of allowing ingress, egress, and other construction-related activities associated with completing the proposed retaining wall and related improvements within the El Camino Real Retaining Wall Project Area ("Right of Entry"). Licensee will obtain or cause to be obtained all necessary permits and approvals, including but not limited to the Department of General Services Division of the State Architect, if any, relating to the construction- 2 related activities associated with completing the proposed Retaining Wall Project within the El Camino Real Retaining Wall Project Area. 2. NOT A REAL PROPERTY INTEREST It is expressly understood that this Right of Entry does not in any way whatsoever grant or convey any permanent easement, lease, fee or other leasehold interest in the Temporary Construction Area to Licensee. 3. TERM This Right of Entry shall be effective at 7:00 a.m. on June 25, 2014 and shall automatically terminate and expire upon the start of the school session, but in no event later than September 1, 2014. Licensee may not use the Temporary Construction Area for any other purpose or activity without obtaining Licensor's prior written consent. Prior to termination, Licensee shall remove all of Licensee's personal property, vacate the premises of the Temporary Construction Area and restore the Temporary Construction Area in good order and repair to the satisfaction of Licensor, with normal wear and tear excepted. 4. LIQUIDATED DAMAGES Licensee agrees to begin, complete or cause to be completed the construction- related activities associated with the proposed improvements within the El Camino Real Retaining Wall Project Area within the time specified above in Section 3. It is agreed that it would be impractical and/or extremely difficult to fix the actual amount of damages, and loss sustained by Licensor, should Licensee fail to vacate or cause to vacate the Temporary Construction Area in the specified time; therefore, Licensee shall pay Licensor, as liquidated damages, not in the nature of a penalty, Five Hundred Dollars ($500) per calendar day for each day delayed. The Licensor and Licensee each hereby 3 expressly agree that such liquidated damages amount constitutes fair and reasonable compensation to the Licensor for such delay, regardless of whether such amount is at any time determined not to constitute actual full-compensation, as evidenced by the respective acknowledgements below. The Licensor may also pursue other remedies as are permitted by law. 5. INSURANCE Licensee shall or cause to be maintained at all times during this Agreement liability and property damage insurance naming the Licensor and its elected and appointed officials as a named additional insured, which such policies shall be of an amount not less than Two Million Dollars ($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one (1) year. Licensee shall or cause to be maintained in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/ not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the Licensor shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty (30) days before expiration or cancellation is 4 effective. Licensee shall provide to Licensor the policy certificate establishing that the required level of insurance has been satisfied. 6. INDEMNIFICATION Licensee hereby agrees to indemnify, defend, assume all liability for, and hold harmless Licensor and its officers, directors, employees, agents and representatives from all actions, claims, suits, penalties, obligations, liabilities or damages for personal or bodily injury (including death) or for violation of any law or regulation, which may be caused by Licensee's construction-related activities pursuant to this Right of Entry, whether such activities or performance thereof is by the Licensee or anyone directly or indirectly employed under contract with Licensee, and whether such damage or claim shall accrue or be discovered before or after the termination of this Right of Entry. 7. CHANGE OF CIRCUMSTANCES Each party shall promptly notify the other party of any legal impediment, change of circumstances, pending litigation, or any other event or condition that may adversely affect the ability to carry out any of the rights and obligations under this Agreement. 8. SEVERABILITY If any term, covenant, condition, or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 9. ENTIRE AGREEMENT This Agreement, together with any Exhibits attached hereto (which are incorporated herein by reference) fully expresses all understandings between the parties 5 with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreement regarding such subject matter. No parol evidence shall be permitted to contradict or vary the terms of this Agreement. 10. AMENDMENT No modification, amendment, addition to, or alteration of the terms of this Agreement, or any Exhibits thereto, whether written or verbal, shall be valid unless made in writing and formally approved and executed by all parties. 11. ENFORCEMENT In the event suit is brought by any party to enforce the terms and conditions of this Agreement, or to secure performance hereof, the prevailing party shall be entitled to recover reasonable attorneys' fees in connection therewith, in addition to costs incurred and other costs permitted by law. This Agreement shall be governed and construed in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 12. COUNTERPARTS This Agreement may be executed in counterparts, all of which shall constitute the same Agreement, notwithstanding that all parties to this Agreement are not signatory to the same counterpart. Delivery of an executed counterpart of this Agreement by telefacsimile shall be equally as effective as delivery of an original executed counterpart. Any party delivering an executed counterpart of this Agreement by telefacsimile also shall deliver an original executed counterpart of this Agreement. Signature and acknowledgement pages may be detached from the counterparts and attached to a single copy of this Agreement to physically form one (1) original document. 6 13. EXHIBITS This Agreement includes the following Exhibits that are attached hereto and are incorporated herein by reference as though fully set forth herein: Exhibit "A" Retaining Wall Project Exhibit "B" Retaining Wall Project Area Exhibit "C" Subject Property Exhibit "D" Temporary Construction Area 14. AUTHORITY TO EXECUTE The persons executing this Agreement warrant and represent that they have the authority to execute this Agreement and represent that they have the authority to bind the party for which they are signing to the performance of the obligations hereunder. [SIGNATURE PAGE FOLLOWS] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. ATTEST: By: _________ _ Maria Morris, City Clerk APPROVED AS TO FORM: By:--------- LICENSOR CAPISTRANO UNIFIED SCHOOL DISTRICT By: LICENSEE CITY OF SAN JUAN CAPISTRANO By:----------Sam Allevato, Mayor Hans Van Ligten, City Attorney By:--:-:-------:--:--- Alexander Bowie, Counsel for Capistrano Unified School District 8 EXHIBIT A 9 EXHIBIT A-RETAINING WALL PROJECT The El Camino Real at Don Juan Avenue Retaining Wall Project will provide for the construction of a gravity retaining wall along the steep westerly slope area of El Camino Real at the Don Juan Avenue intersection adjacent to the Capistrano Unified School District (CUSD) property located at 31422 Camino Capistrano to prevent potential road failure/collapse resulting from severe slope erosion that has taken place over the years. The proposed retaining wall will replace temporary I makeshift structures that were put in place in prior years to reduce !he potential of slope failures that could lead to road failure. The proposed gravity wall consist of massive precast concrete blocks weighing over a ton each that are stacked on a five degree battered angle to create the desired wall and has the look and essence of natural stone with a "ledgestone" texture. A new parkway space on the westerly side of El Camino Real within the existing slope area will also be created to facilitate planting of native trees, grasses, and shrubs to maintain the aesthetic landscape character of the neighborhood. EXHIBIT B 10 l~l ~ ';):,. 1! \":\ f\ £: (j)' ; ;.;:; 'I: I' !miMl!R?!;!! ,. ~ ~1:la;2~62ri;:;,'tr:,::::::.oE~-th:c.i\l"'it! ~ " "' G w i16 ' "' .... -.. !!! .. H .. ., z z ~ EXHIBIT C 11 NORTH © 2012 Digital Map Products. AI rights reserved EXHIBIT C SUBJECT PROPERTY EXHIBIT D 12 TEMPORARY CONSTRUCTION AREA .b NORTH A 1 inch = 47 feet N EXHIBIT D TEMPORARY CONSTRUCTION AREA © 2012 Digrtal Map Products. AI tights reserved CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and EXCAVATING ENGINEERS, INC., hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shalf be considered to include the Notice Inviting Bids, 1he Instructions to Bidders, the Proposal, 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, 2009 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 the El Camino Real at Don Juan Avenue Retaining Wall Project (CIP No. 07111) in strict conformity wi1h 1he Plans, Specifications and all other contract documents, which documents are on file at1he 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 any bid alternate item(s) selected, 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 lime; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred Dollars ($500) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance ofthis contract and guaranteeing payment of all labor and material used under this contract, as required by the laws ofthe State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (1 00%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty C-1 ATTACHMENT 4 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 (1 00%) 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 reasonableforthelegal 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 Bond, and Labor and Materials Bonds, 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 ofthe 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, wihich such policies shall be of an amount not less than Two Million Dollars ($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one (1) year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1 ,000,000 injury to one person/any one occurrence/ not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no eveht less than thirty (30) days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature wihich CONTRACTOR, its officers, agents and employees may sustain or incur or wihich 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. C-2 EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to lhe provisions of the Government Code and lhe 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 wilh by CONTRACTOR. These include, but are not limited to, lhe 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 lhe 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. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council acton, and by CONTRACTOR on lhe date set before the name of each. City of San Juan Capistrano DATED:------BY: /""r""-r) _--.-=.~-.-~-,~"' .. _,..e-v-::-o""', M"'a __ y_o_r __ _ I /~~/ ~ BY: ----J'?<--::--:---:crl"--1--'---'-'--L+ Classification ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney C-3 n,, State Of California "ff~.CONTRACTORS STATE LICENSE Curntli!WI ACTIVE UCENSE AIT:.n> --~~ 716401 ,., CORP .. --·EXCAVATING ENGINEERS INC DBA HILLSIDE RETAINING WALLS COMPANY -·~-12/31/2015 www.cslb.ca.gov ~ BID PROPOSAL For the: EL CAMINO REAL AT DON JUAN AVENUE RETAINING WALL PROJECT (CIP NO. 071111 From: Excavating Engineerings,lnc. 716401-A 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, 2009 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: $ 4'20, 9;/JC;.'QD 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 seventy five 1751 calendar days from the date of the Notice to Proceed. 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 bonds will be returned. If the proposal is accepted and the 3 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 wtth the terms of this proposal. Accompanying this proposal is --"'B,id'-'B"'o"-n,d ____________ (lnsert "$ 10% afffPI.ash," cashier's check, certified check or bidder's bond on the forms from pages BB-1 and BB-2 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company, which will furnish the required bonds as surety if the work is awarded to the undersigned: Excavating Engineers. Inc. ()J. (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: -------- Dated: -------- 5256 S. Mission Road, Ste. 703-002, Bonsall, CA 92003 Business Address 760.451'-8600 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 and7t~stitute ~~posal for the work ~:led out herein. Dated 1/·7/lt J/f?;l( f1/<0{?{;)Kf S)gryature of . er ' Dated: --------760.45t~600 Telephone Number 4 SCHEDULE OF WORK ITEMS THEEL CAMINO REAL AT DON JUAN AVENUE RETAINING WALL PROJECT (CIP NO. 07111) The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the specifications and read the accompanying instructions to Proposers, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below: Construct improvements as reiterated above, located in the City of San Juan Capistrano, in accordance with the specifications for the unit price set forth in the following item(s): CIVIL I RETAINING WALL ITEMS W~rkf~~,~~\fQC~ . ' ' '. . ' ' ' I. ,· . . , ·.. . .·. ' Item Approxilllate ••• · UnltPQee ·. · Totlll ~~!!~.~ Quatttity ' c' ' '., ,. ' !I) • .··••• (!!l F~~ffi$) Mobilization and Demobilization for the lump sum A-1 1 LS. price of & i ~;,f~ g +lllQU.::a&.-~d f'r~1! $ t.;~,SOOM. $ iPI.?/SOO.b[ dollars. ltl.wu:tl'l.cL !---- Off-site Storage of Equipment and Materials for the X X A-2 1 LS. lump sum lor the lump sum price of $ $ dollars. A-3 1 LS. Clearing and Grubbing for the lump sum price of f:tl11te +1-tnu~raA $ 4,ooom $4,000 .bD dollars. - Unclassified Excavation for the unit price of A-4 40C.Y. one h li.J!1dru:l $ 100.00 $4.000 .oo Dollars per cubic yard. Remove and dispose of existing Pepper:;re for 3?0.00 $ '71 2-t{j).OO A-5 16 EA the unit price of 711rt.t-/rlllndrL $ t{o/r~ dollars per e ch. ' Remove and dispose of existing chain-link fence A-6 150 L.F. for the unit price of fj2llrfrltvn ddlltl ~ $14. ?0 $2,14'7-00 and -tl1;r~ c:U?ts dollars per lineal f t. . 5 CIVIL I RETAINING WALL ITEMS !CONTINUED! A I !' · · ·Worl< lteiiiS Wltfl l.lnin~ricl) linlil>~lt .. l;';t~~~~~"~~. ;···· Item· pprQX!ll~JI ,,. <W.riiliin"'h'Wottisl ·· .· .. 1'" f' I{'<VJ"< '• Cll~l1rititY . ..····.' . !, / .' .. (Jl .. ·ltl .. r:!!!!l Remove and dispose of existing concrete block A-7 102 L.F wall and footing for the unit price of fi1y-ht $ 40-00 $ 4,000·00 J dollars per lineal foot. Remove and dispose of existing rock retaining A-8 16 LF. wall an.d footing for the unit price of &I X fj1-$ Vtf .oo $ I, l 04-00 V\lVll. dollars per lineal foot. Saw-cut and remove existing asphalt concrete A-9 165 S.F. paving for the unit price of 't'We.tl~-QV'l{;!, $ ~\.00 $ ?,4110.00 dollars per square foot. A-10 65 LF. Saw-cut and remove existing_as~lt concrete berm for the unit price of e.J.g___!;.l-V'l $ 10.DD $1,110.()0 dollars per lineal foot Install 1" water service including hot tap and 1" A-11 1 EA. water meter for then unit price urf -ltJrU ±htJV.0nd -ve. lclllhdVi $ ~,6 0().00 $ ~,'JDD·oD dollars per each. - Furnish and install 1" reduce~ss~lje princi~~ A-12 1 EA. assembly for the unit price of a ·)<l $1..,4-00·b\ $ 2 400-00 fiw \ovV~tllvtd I dollars per each. Furnish and install metal beam I guard rail with A-13 100 L F we>~•h~rino ~for the unit price of $ lO .00 $ 1 1000.00 . . 1 G&V . dollars per lineal foo . . -L. 6 CIVIL I RETAINING WALL ITEMS (CONTINUED! ::.. , .. ,,:{" "' .. "' '."-.. , ' " -' '<'· _---::: -::-' Item Approx!matEt • WorMtiims With .Unit.I'Jice ••••••• '. uq~t ~~t:~ T otaiAmoilrit Quantity · · · ·· 'lwrltt~ifl~ W6itt~r ·· · · . (In FI!Jtli'i!,$) .· ..... ·: ... ' ... A-14 3J8 L.F. Construct 6" ashalt concrete (AC) berm for the $ 10. ou $ ?!?fu.oo unit price of l"A(l dollars per linea! foot A-15 50 L.F. Construct 2' wide concrete "v" gutter for the unit $ 1-1.00 $ price of -\\wev;tu -seN 1!-v\ \ '3Gl).OD dollars per lineal foot"' I ·- Construct 48" high pedestrian wood fencing with A-16 300 L.F. 3"x2" "Yard-Guard" mesh for the unit price of $ ':30.0D $ II ,401>. D'D ttalr~ -~nt dollars p lineal ot A-17 2TONS Construct full depth asphalt co~crete (AC) d pavement for the unit price b v l-lMil1 red $ 0\l.UO $1 Q?Jlt.DO c;..el\imtU¥1 I dollars per ton. - Construct gravity wall foundation inclusive of all A-18 300 L.F. exca';~~ ~~}";~ratory work for the unit price $ 0!?.00 $ z.c:; I GCI?.Ol of -Vl-- dollars p'Elr lin8'1(1 foot. - A-19 4,325 S.F. Construct precas:j9~dh1 blo_ck gravity wall for the unit price of --&& ~ :1:: $ 5~.00 $ '2.100/0'?0. p 0 dollars per square foot. 7 LANDSCAPE AND IRRIGATION ITEMS )l,p8&~~~wr 0 0' ;wo1~li~Yrw:~i\tr's~ 000 'o ooo/ C I< ooo•'oO 'e''',5~, "My,:-:s }j/:r ;< , lteroo, o!J~ • 0 c~'~''• ll;~~tMW~'!t 00 , 0 0° oo00·--oo ••• 0o !I''Jii''~'}i'71, . '' ' ' ' . . 0•·. IJ .,. ,!! , .. ''· > ; ,' . Furnish and lnsta1136" Arbutus 'Marina' Box Tree for the unit price of """""-'\/ etl1 hiMd t::.ecl B-1 9EA fvy~ $ V\o.oo $ (p ,ltiPO·OV dollars per ch. ---·--- Furnish and Install 36" Olea Europaea 'Swan Hill' Box Tree for the unit price of u.gh.f= B-2 ?EA. ~ \("'.?. r.e.::t <&\ ~£--1-11 $ f?J/;0 ,tJO $ IJ,OW .oo dollars per each. ~-' -· Furnish and lnsta1115 Gallon Agave Americana Shrubs for the unit price of Q!C\0 ~d@ B-3 12 EA. f'\Au _;-w-o $ \ 02..01> $1,024 .on dollars pe't each. Furnish and lnstall15 Gallon Bougainvillea 'Rosenka' Shrubs for the unit price of B-4 16 EA. nY\1.. III.AJ;i dve g $ 100.00 $ I tpDO .OD ' dollars per each. Furnish and Install 5 Gallon Arctostaphylos 'Uva- Ursi' Shrubs for the unit price of B-5 13 EA. -t'Vl.l r-ho -SeN WI $ ?;/. OD $4€>1.00 dollars periach. Furnish and InstallS Gallon Agave Attenuata Shrubs for the unit price of B-6 107 EA. t!tltY~ .--oV\tf $ ~\-00 $ ?,3\1.0l) dollars per e h. B-7 33EA. Furnish and InstallS Gallon Salvia LtfJantha Shrubs for the unit price of fWe-1? - ~ru_... $ 1 ?J.OV $ 1 <;.CJ .oD dollars per each. Furnish and Install! Gallon Ficus Pumela Shrubs for the untt price of B-8 91 EA. fz.(AleYJt&?r'l $ 11.00 $ 1,0LJ-7.oo dollars per each. 8 LANDSCAPE AND IRRIGATION ITEMS (CONTINUED) 1\pprq~imate . 1111o~~~;~t~rs~r"ee. • •• .• .· . · .utlitl"rlc~ . ·•· ..fotatAmo···n.t·· Item ... ,., ... ,., .. It · Q!lari~i!Y . (In FIQ~fes! · • . ;:.. . . . ..· •... · .• Furnish and lnstall1 Gallon Senecio Mandraliscae Shrubs for the unit price of B-9 145 EA. e-!tvtVI $ u.oo $ \/?q~.oo dollars per each. Furnish and Install 2" Mulch Layer the unit price of B-10 3,510 S.F. for~ ce.Kl1s 4<1/ro"' $ ~0 $ 1,404-00 dollars per s are foot. - Furnish and Install 3' Wide Strip of 2.5" Thick B-11 1,260 S.F. Decomposed Granite (DG) for the unit price of -\"wo $ 1.oo $ Z.,S?-O·oo dollars per square foot. !---- Furnish and Install Irrigation Controller for the unit B-12 1 EA. price of ~~ x \t\.VV>~fl:ed :;2eve.¥Jfl1 $ iPlO.OtJ I$ (.p 1 0-01> dollars per each. I Furnish and Install Tree & Landscape Irrigation B-13 1 L.S. (inclusive of irrigation "main-line") for the lump sum price of-tWel(lf?(. fuw.salt!d i'W!) $ 10 ,troo ,()1 $ 1D,2so.or; dollars. V'-\Nttl rut fl<'+i <L/>IUH:!: r-- Furnish and Install Remote c;;.ntrol Valve for the B-14 1 EA. unit price of -t}7ru/ h-Vh r~d twent:J $ 31..0·00 $ JUJ.IJIJ dollars per each. Furnish and Install Drip Remote Control Valve for B-15 3EA. the unit price of fhi.!Y' rtvw:tw4 6f:±UY1 $ 4\?.0V $1, 2~.1?0 dollars per each. Furnish and Install Quick Coupling Valve forthe unit B-16 1 EA. price of ..ZeN~ Vlt~>ltldl"<!d -til rr~ -ftv<-$ lbli.OO $ 1 ~ ':7.1)1) dollars per each. - Furnish and Install Voltage Wire (for future tree accent ~ling) for the lump sum price of B-17 1 L.S. QYIL ov,.,SCIVtd :Jwl! ilviMdW d, $ 1,1.00.00 $ I I UJ3. oo Dollars. 9 TOTAL. PROPOSAL. PRICE, Excluding Atternate Items "C-1" through "C-3": (Enter here and on page 3). ALTERNATE ITEMS Alt. Item Furnish and lnstall24" Arbutus 'MJrina' Box Tree for the unit price of .f'n!l{_ Vt!Ja red C-1 1 EA. dollars per each. Furnish and Install 24" Olea Europaea 'Swan Hill' C-2 1 EA. Box Tree for the unit price of ht-i. vv..dv'Ld dollars per each. Ninety (90) day maintenance period for the lump C-3 1 L.S. sum price of oYll.-#lov&and. -fiv.t ""'llMd.t~d dollars. 10 $ 4!10. ?JDI?.OD Figures $ 4oo. ov $ 4trO.OO $ (100-t)iJ $ &oo. o1) $ l,<?t>V $ I, <;;DO NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA County of ( San Diego _,_,M"'a'"'rty"--"'S""m"'it'-'h _____________ , being first duly sworn deposes and says that he is _,_P-"re"'s"'id"'e"'nt'--------of Excavating Enaineers, Inc. , 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; tnat 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 proposing; 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 thisyene~l business.//·:./ ,a.j~'l,&/4 ! ? l (C~-, / ...y ·-· /'1 /T ATED: l/) SIG'tJORE On this the day of_ , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Smith ~ personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) Marty Smith subscribed to the within instrument, and acknowledge that _____________ executed it WITNESS my hand and official seaL &ft a-tkJuf ~N~m~a-ry-=P~ub~l'~lc~in--an-d-.Tfo_r_s~ai~d~S~ta~t-e-----~~~---- 11 ACKNOWLEDGMENT State of California County of San Diego on April3, 2014 before me, Joseph George Henson, Notary Public (insert name and title of the officer) personally appeared Marty Smith , who proved to me on the basis of satisfactory evidence to be the person{-6) whose name~ subscribed to the within instrument and acknowle9aed to me that~ executed the same in @he Fill 1eil authorized capacity(ies-), and that by<h!§Jf:lerlti'leir signature(-s} on the instrument the person{st, or the entity upon behalf of which the person("SJ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~~-----\ .. ··-" ""-, // Signature--~· . !'// (Seal) Non-collusion Affidavit -El Camino Real at Don Juan Retaining Wall DESIGNATION OF SUB-CONTRACTORS Submit wtth Bid. 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 propose, 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 wrttten in the name of the general contractor only. Item of Work Sub-contractor License Address No. & Classification 1. \"rU1 Srri1}11 Wl¥pit~S 00t 10~,b'¥1 aVJtthtAWI .. W 2 IJICOtn flrlce., l ~'l.tfS4-DI? Dt01n~t . tA 3. A.C.. Qi~W. . 4()14\1~ .4 ~nWIV\ 16ft 4 Midori lAV!dUlltpv Yil!AO-c 11 S~otvt om,. CA9 5. 6. 7. 8. IZED SIGN1URE Phone 114 .qq(f' (ptJ~1 ]14 ·144-1441 q1 II· (fftk · 0151 114-· 10 I · <&1'1 '2-- Note: All sub-contractors shall obtain a City Business License prior to the start of construction. Proof shall be required prior to commencement of construction. 12 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Excavating Engineers, Inc. -----------• as PRINCIPAL, and------------ U.S. Specialty Insurance Company , as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $.__,_] o,.<x"'o'-'A:um'"o"'uwnu..t "'B.uid.__ ___ , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated Afri j 2 , 2014, for the construction of the El Camino Real at Don Juan Avenue Retaining Wall Project (CIP 07111 l for the CITY OF SAN JUAN CAPISTRANO, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has baen presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procu·re the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. BB-1 IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this 26th day of March , 2014, the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. /L-· '"'"::{_ .. // .,. .// G--/ I ~r Excavatt g Engineers, In~ Two Witnesses (If Individual) PRINCIPAL ATTEST (If Corporation) Corporate Seal U.S. Specialty Insurance Company ATTEST SURETY /- BY: 6~·JZz..J---i r· Title: Bart Stewart, Attorney-in-Fact Title ___________ _ APPROVED AS TO FORM: Hans Van Ligten, City Attorney BB-2 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY ·;::, ;~:*NCll!t·PillL'fil·El'l•JlY THESE PRESENTS''ThafJ\meridin Contractors Indemnity Company, a California corpojji!i<lllLI\!llit§ii;Sl\;;e"' =~~.~:~::;:Sj!~t~;ECQ!fip~~-a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporatfo~~l~ti~Y.~~~~ifSF ~;:.:.::-"COffipanieS~'), do by these presents'1m!Ke1-,,COTIStitt.itf~-and appoint Bart Stewart of Encinitas, California -.-;JJ;S)Iue a~a_~~.tt.omey(sHn~fact. each in their separate capacity if more ~1}-:900_ i~J __ _:::_tJ?'ove, with full pows__[and_l!_uttul£i~:;;;::;._ ,c ii~b~.jp ~ts name, place and stead, to execute, acknowledge a~~'i!\.4!1 iiJl Ql!iids, recogn~~t!!!1femd<lllgE ~~ <: = o§tfi'T ~fit-4Jifllts or contracts of suretyship to include riders, a~~n~~fifl:stfits of surety, ~-tmf llttJ;C_;;;~ petnncy does not exceed ******Ten Million**M** Dollars($ ~l.Y,'fJGU.OW). This Power of Attorney shall expire without further action on December 08,2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: !k il kesofved, that !he !lresident. :toy Vice-Pn:sident. any t\ssistam Vkc-Prcsid...-nt. any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority 10 appoim any ont' or more suitable pers(lns as Anomey(s)-in-F<tet to represent and act for and on behalf of the Company subjtel to thv. following provision!':: Aflmwey-iu-Pi:~d may lx-given filii po-wer lind m.Hhority lbr and in!he name of and on behalf of the Company, to execute, acknowledge and deliver, any and >111 btmds:. rcco-gnimnce:s, contracls. agreements M indemnity and other conditional or obligatory undertakings, including any and all consems for the rc!e-<&sc of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company'" liability thereunder, and any such instmments so executed by any such Attorney-in-fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. /Jr: it Raoh·ed, tha! the signature of any authnfixe.rl officer ;,iml "cal of the Company heretofore or .her-eafler affixed to any power of auomey or :my certificate-refining thcrelv by t'ac...'limite, and :my power of auorney or certificate fxoariog fat:$-lmi!e signature or fac!\imlle seal IDa-11 be valid and binding upon the Company with rCSJX':Ct 10 any bond or urnk-rtaking to \\--hkh it is al!ache~l. IN WITNESS WHEREOF. Tl1e Companies have caused this instrument. to be: signed and their corporate seals to be hereto affixed, this lOth day of December, 2012. AMEll! CAN CONTRACTORS INDEMNITY COMPANY IJNITEI>STATES SURETY COMPANY IJ.S. SPECIALTY INSURANCE COMPA>IYc•• Corporate Seals State of California County of Los Angeles SS: On tOth day of December, 2012, befure me, Vanessa Wright, a notary public;persofilllly appeared Daniel P. Aguilarl""icel'resideri!of American Contractors Indemnity Company, United States Swety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed t~_e_same in his authorized capacity. a_!'ld ~Mt by his signature on the instrument the person(s), or the entity upon behalf of -l':!liGIJ:lll~acted, execut~th~f.imenl. · ·· I'cimiii:v UlllieFI'ENALTY (JF PER,!Jlf{Y,J!Jlllil" tllll lllWS of the State of California that the foregoing paragraph is true and cmTect ··~ WITNESS mv hand and official seaL Signature (Seal) Jc-;.:.uu:ie Secretary of AmericOOt Contractors Jndcmnity Company, United States Surety Company and U.S. SpL"Cialty Insura:iicc do hereby certify that the above and foregoing is a tme and ~orrcct copy of a Power of Attorney, executed by said Companies~ which is stin in full force and effect; furthermore, the resolutions of the Boards of Directors. set out in the Power of Attorney are in full force and effect. In WiJ\1Ass Wheroo·!··: '. hav·e·· hereunto set my hand and affixed the seals of said Companies at Los Angeles. California tQi_s ~~';;;F.:;; of 1-!-'0Y"?:>h----~-.• . Corporate Seals CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Stale of Califomia County of .sanDiegQ __ _ before me, .. M<:>fu'_C::fl.Shgl.'IJ!,NQ.t§!rY Pub!i.t: .............. _ ...... ~·····-· (fkr~ insert name anJ title oft he ofnccr) who proved to me on the basis of snlisl(tctory cvidenc;e to be the person~,;) whose namet&) ~~m'e""Subscribed to the within instrument and it\: knowledged to me tlwtd!>Y<~keM1t.>y·.executed the same in(ll'i,Yll<wl~ht!·lt· authorized capaei tyfk,). and that by i!~:}ilterltll"~r signaturcfll) 011 the instrument the person(.,;.), or tlie 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. ADI)ITIONAL OPTIONAL INFORMATION DESCRIPTION OF TliE A~'ACIIED DOCUMENTl { J 1tfc 0( !.ICscripti{Jll(lfiiUachtd JoCumint) I Number of Pages-.. -.. ---···_ DocumentDate. ----~.J (Adt!ilionnl information) ·-·~~~------~--~~- CAPACITY CLAIMED BY TilE SIGNER 0 Individual (s) 0 Corporate Officer (fii!C-)' 0 Partner(s) 0 Attorney-in-Fact D Trustee(s) 0 Other __ ---------~--.. --·----·-· 2008 Ve-rsinn CAPA vl2 10.07 800-873-9865 www.NotnryCiasses com INSTRUCTIONS FOR COMPLETING THIS FORM Any aduow/edgml.!nl (()lllpletr!d in Califomia fllltsl contain l'erbiag.: t'.mclly as appwu".J abore ill the nolmr scctio11 or (I separr1te ackuow/edgme/11 jOrm mtm bt' pmpet·~,. compfetr!d and a1/adu!d Ia thai docummf. The tmfy e.~CI!iJiinn is if !I donmlf.•lll is 10 b.t n~ronf<'d mrf.l'ide rif('u!ifomia. lu SIKh imtmlt't•s. Jill)' ultf!m<llil'e admmrlo:dgml!lll r.!t'hiage as may be printt•d ott sw:h a docm!lt'tll so lmw a.1 du: rabingl! dOl'S not require the tWW(l' Ill do .wmlt!thillg thm is illegal.fiir a nutar)' in Cafi[f!mia (i.e. certili'illf.: r!Je tl/1/hori:ed cupacil)' of the signer) Pf.:au check tiN donmrell/ ~·orefidlyfor pmpertwla/'i(l/lnmlfng tmd utradtthis.fiwm ifn•quil·f!d State and County in!Onnalion must be the-StOlle and County wl1ete !hc document signcr(s) pe-rsonally npp~arl!d heron~ the nolary public for acknowledgment Dale ofnotari1~11ion must he the d;~tc t!m11hc signt'r(S) pcrsonully nppeurcd \\hich must also be the snme-dnle the ncknowblgme11t is comrlc!cd. The 11otary public must print his or hrr lli!mt' as it app~:ars within his or her commission fu!foweJ by a comma and then your title (nolruy public) Print !he namc{s) of document signer(s} who personally appc<lr lit the time or notarmll!(ln Indicate the eorrccl sing:u[nr or plurul fonns hy crossing o/T incorrect forms (i.e he/she/~ is/ar-e) or circling the correct forms. Failure to correctly indicate this inlbrmation may lead tu rejection of document recording TI1c notary seal imprcs<>ion must be clear nnd photos:mphical!r reproducible. Impression must not ctlvcr /ext or lines. If seal impression smudges, re-seal if a sumcienl urea pcm1its. othcmisc complete a diO"i:rentacknm\lcdgment form. Signature of the notary public must match the signature on file with the office of the county clerk 0:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached ton diffw:nl documl.'nl. -:-tndkate title or type of attached document, number of pages and date O:c Indicate the capacity cluimeJ by the signer. If the claimed cnpacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary} "'. Securely attach this document to the signed document 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 (949)493·1171 (949) 493~1053 FAX www.sanjuancapistrano.org Addendum Number 1 Dated: March 19, 2014 PROJECT:EL CAMINO REAL AT DON JUAN AVENUE RETAINING WALL PROJECT (CIP NO. 07111) SAM ALLEVA TO R.OYL BYRNES, M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR 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 April 3, 2014, at 2pm at the City Clerk's Office. In case of questions, please contact Khoon Tan, Senior Civil Engineer, at (949) 443-6353. 3-/z-/9'- oate Please sign and attach a copy of this addendum to your bid to ensure your 7 t of the l==~ject information. l !/ San Juan Capistrano: Preserving the Past to Enhance the Future () Printed on 100% recycled paper 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCil. SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org Addendum Number 2 Dated: April 2, 2014 PROJECT: EL CAMINO REAL AT DON JUAN AVENUE RETAINING WALL PROJECT (CIP NO. 07111) SAMALLEVATO ROY L BYRNES, M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR This addendum is issued by approval of the Public Works Director as authorized below. Please note that the issuance of this addendum does not alter the bid opening date and time, which are set for April 3, 2014, at 2pm at the City Clerk's Office. In case of questions, please contact Khoon Tan, Senior Civil Engineer, at (949) 443- 6353. 4--~/wi?- Authorized: Keith VanDer Maaten, P.E. Date Please sign and attach a copy of this addendum to your bid to ensure your 'pt of the latest pr·o· ject information. ~i ~?,_c:/~~-. ,.,-"' ,~""· / (, _i/~/~lf Date Controotor authorized signatory San Juan Capistrano: Preserving the Past to Enhance the Future 0 P!ln!ed on 100% recycled paper