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16-0330_VA CONSULTING - STANTEC CONSULTING SERVICES_Consent to Assignment AgreementCITY OF SAN JUAN CAPISTRANO CONSENT TO ASSIGNMENT AGREEMENT THIS CONSENT TO ASSIGNMENT AGREEMENT ("Consent") is made as of this day of \\Aatryi , 2016 ("Effective Date"), by and among the City of San Juan Capistrano ("City"), VA Consulting, Inc., a California corporation, ("Assignor"), and Stantec Consulting Services inc., a New York corporation ("Assignee"). City, Assignor and Assignee may be individually referred to herein as a "party," and collectively referred to as the "parties." RECITALS A. City and Assignor have entered into an Agreement for the preparation of plans, specifications and cost estimates for the San Juan Creek Road Widening Project from Valle Road to Camino Capistrano dated May 19, 2009 ("Agreement"). A copy of the Agreement is attached hereto as Exhibit A and incorporated herein by this reference. B. Assignor now desires to assign to Assignee all of its rights, duties, and obligations in, to, and under the Agreement ("Assignment"). C. Pursuant to Section 5 of the Agreement, "Limitations Upon Subcontracting and Assignment," the Assignment shall not be operative except upon the written consent of the City and any attempted assignment without such consent shall be Invalid and void. D. Assignor and Assignee desire to obtain City's consent to the Assignment and City is willing to consent to the Assignment on the following terms and conditions. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained in this Consent, and for valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows. 1. Representations and Warranties. Assignor and Assignee jointly represent and warrant to the City: 1.1 That Assignee is an organization in good standing and validly existing under the laws of the State of California. 1.2 That the execution, delivery and performance of the Agreement by Assignee have been duly authorized. 2. Assumption and No Release. Assignee expressly assumes, acknowledges and agrees for the benefit of City to be bound by, and to perform and comply with, every obligation of Assignor under the Agreement. City shall have the same rights and 61147.02100\24406143.1 remedies as against the Assignee as City under the terms and provisions of the Agreement has against Assignor with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full. 3. Insurance and Indemnity. Without limiting Assignee's obligations under the Agreement following the Assignment, the insurance and indemnity provisions applicable to the Agreement are hereby expressly incorporated by reference and shall continue to apply. This provision shall not be interpreted to be exclusionary. 4. References. All references and meaning assigned to the term "Consultant" in the Agreement shall be understood to mean Stantec Consulting Services Inc., and shall include all of the corresponding rights, obligations and benefits thereof as provided by this Consent and the Agreement. 5. Subsequent Assignments. This Consent does not constitute a consent to any subsequent assignment and does not relieve Assignee or any person claiming under or through Assignee of the obligation to obtain the consent of City under Section 5 of the Agreement to any future assignment. Notwithstanding the foregoing. City may consent to subsequent assignments of the Agreement, or amend the Agreement without notifying Assignor, including but not limited to any of Assignor's guarantors, and without obtaining their consent, and that action by Assignee will not relieve those persons of liability. 6. Default; Breach. In the event of any default or breach of Assignee under the Agreement, City may proceed directly against Assignee, any guarantors, or anyone else liable under the Agreement without first exhausting City's remedies against any other person or entity liable under the Agreement to City. Notwithstanding the foregoing, any act or omission of Assignee or anyone claiming under or through Assignee that violates any of the provisions of the Agreement will be deemed a default under the Agreement by Assignor. 7. Termination. Notwithstanding the parties' desire, intent and agreement to modify the Agreement through the Assignment and this Consent, should the City, at its sole discretion, wish to cancel, void or terminate the Agreement at any future time, the City may do so by providing written notice of termination to Assignee in accordance with the termination provisions of the Agreement. In such an event, simultaneously upon the giving of written notice of termination In accordance with the terms of the Agreement, the Agreement and this Consent shall be deemed canceled, voided and terminated. 8. Effect of Execution. Assignee's execution of this Consent shall be deemed an execution by Assignee of the Agreement. Upon execution of this Consent, Assignee shall be deemed a signatory and party to the Agreement as if Assignee had directly executed the Agreement. Assignee agrees to be firmly bound by all covenants, obligations and conditions of the Agreement by its execution hereunder. 9. General Provisions. 61147.02100\24406143.1 9.1 Invalidity. If this Consent or the Assignment is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, the Agreement as originally executed shall nevertheless be deemed to remain in full force and effect as If this Consent and the Assignment had not been made or attempted. 9.2 Severability. If any term or other provision of this Consent is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Consent shall remain In full force and effect. 9.3 Governing Law. This Consent will be construed in accordance with and will be governed by the laws of the State of California. 9.4 Notices. Notices, offers, requests or other communications required or permitted to be given by the parties pursuant to the terms of this Consent shall be given in writing to the respective parties. 9.5 Counterparts. This Consent may be executed in counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. 9.6 Binding Effect; Assignment. This Consent shall Inure to the benefit of and be binding upon the parties hereto and their respective legal representatives and successors, and nothing in this Consent, express or implied. Is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Consent. Assignee may not assign this Consent nor any rights or obligations hereunder, without the prior written consent of the City, and any such assignment shall be void. 9.7 Authority. Each of the parties hereto represents to the other parties that (a) it has the requisite power and authority to execute, deliver and perform this Consent; (b) the execution, delivery and performance of this Consent by it have been duly authorized by all necessary corporate or other actions; (c) it has duly and validly executed and delivered this Consent; and (d) this Consent is a legal, valid and binding obligation, enforceable against it in accordance with its terms. 9.8 Interpretation. The headings to sections contained in this Consent are included for reference purposes only and shall not affect or modify in any way the meaning or interpretation of this Consent. 9.9 Attorneys' Fees. Should any of the parties initiate any action at law or in equity to enforce or interpret the terms of this Consent, the prevailing party(ies) shall be entitled to reasonable attorneys' fees and legal costs from the non-prevailing party(ies) in addition to any other appropriate relief. 9.10 Waiver. Except as explicitly stated in this Consent, nothing contained in this Consent will be deemed or construed to modify, waive. Impair, or affect any of the 61147.02100\24406143.1 covenants, agreements, terms, provisions, or conditions contained in the Agreement, in addition. City's acceptance and waiver of any breach of this Consent by Assignee, Assignor or anyone else liable under the Agreement will not be deemed a waiver by City of any other provision of this Consent or the Agreement. 9.11 Entire Agreement; Amendment. This Consent constitutes the final, complete and exclusive statement between the parties to this Consent pertaining to the terms of City's consent to the Assignment, and supersedes all prior and contemporaneous written and oral agreements. No party has been induced to enter into this Consent by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Consent. Any agreement made after the date of this Consent is ineffective to modify, waive or terminate this Consent, in whole or in part, unless that agreement is in writing, is signed by the City and Assignee, and specifically states that agreement modifies this Consent. [SIGNATURES ON FOLLOWING PAGE] 61147.02100\24406143.1 WHEREFORE, the City, Assignor and Assignee have executed this Consent as of the Effective Date first set forth above. FOR CITY: City of San Juan Printed Name: •J its: (^.-h P^zr\e^j^ FOR ASSIGNOR: VA Consulting, inc. By: Printed ^r^o- /y?/^)C j/^^/) its. pr^//^^^^ FOR ASSIGNEE: Starvtfec Consulting Services, inc. Printed Name: sen executive V,ce President its: APPROVED AS TO FORM: Jeffp^iiinger, City Attorney ATTEST: iVl^riajyiorris, Oit^ Clerk 61147.02100\24406143.1 EXHIBIT A-1 AGREEMENT [Attached Behind This Page] 61147.02100\24406143.1 r 1 Exhibit A-1 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 19^" day of May, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and VA inc. Consulting (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to prepare Plans, Specification, and Cost Estimates for the San Juan Creek Road Widening Project from Valle Road to Camino Capistrano; 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 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 Three Hundred Fifty Nine Thousand and Forty One Dollars ($359,041) 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. Familiaritv 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. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-VerIfy program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement, Information pertaining to the E-Verify program can be found at http://vwvw.uscis.qov, or access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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. Ail 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. 3 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. 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 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 iViillion 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. 14.5 Errors and Omissions Coverage [FOR PROFESSIONSA/VORK EXCLUDED FROM GENERAL LIABILITY] 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 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 shail 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. 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: VA Consulting 17801 Gartwright Road Irvine, CA 92614 Attn: Mohammad R. Heiat, P.E. Section 17. Attornevs' 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 shail be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 6 • 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO VA CONSULTING, INC. APPROVED AS TO FORM: Omar Sandoval, City Attorney \ 7 CONSULTING EXHIBIT "A" COST PROPOSAL City of San Juan Capistrano Professional Consultant Services for the Preparation of Plans, Specifications and Cost Estimates for the September 9. 2008 SAN JUAN CREEK ROAD WIDENING PROJECT (GIP No. 406):. EXHIBIT B - FEE SCHEDULE Based on the estimated hours for the various tasks as detailed on the Fees and Expenses Estimates on the next page and VA's / N&M's Schedules of Hourly Rates provided in Exhibit C, the proposed 'not-to- exceed" fees and expenses for this Project are: VA Consulting $218,397 $2,000 $10,000 Ninyo & Moore $39,000 TOTAL FEES $257,397 $2,000 $10,000 X:SMafk«ina\Pio(DO«a!s\P,^2a)a)PubCcASan JJori CaplstraraSSan JUan Creak-Road WtdanlnsV?ROP.Cos!.cloo ENGINEERS PLANNERS SURVEYORS CI T Y O F S A N J U A N C A P I S T R A N O SA N J U A N C R E E K R O A D W I D E N I N G P R O J E C T ( C I P N O . 4 0 6 ) ES T I M A T E D F E E S & E X P E N S E S PR E U M I N A R Y E N Q I N E E R I N G A N D S U R V E Y Re s e a r c h a n d D a t a C o l l e c f f o n Su r v e y i n g D e s i g n s e r v i c e s 2 9 ?3.93 9 ?9,7B 9 Ex i s t i n g C o n d i t i o n B a s e M a p 1 2 42 34,86 0 Ge o l s c l i n i c a l I n v a s b ' g a l i p n ( M & M ) S1,79 2 Ut i l i t y C o o n J l n a t i o n S e t v i c e s J5 L 2 0 5 0 $6,35 4 6 Pi T s l l t n l n a r y L a y o u t P l a n 2 4 1 6 1 6 8 4 $10,30 2 Pr o j . M a n a g e m e n t , C i t y a n d C a l t r a n s C o o r d . M e e t i n g s 1 0 4 0 3 0 8 0 $12.09 0 8 A d d i t i o n a l P u b l i c M ( 1 0 $6,63 0 I I FI N A L D E S I G N 1 St r e e t i m p r o v e m e n t P l a n s 7 8 2 4 3 2 4 8 4 8 4 0 20 0 $24,52 0 2 Re t a i n i n g W a l l P l a n s a 2 6 3 2 4 0 6 0 6 0 20 0 $22,83 0 3 Si g n i n g a n d S t r i p i n g P l a n 1 1 •4 1 2 1 2 2 9 $3,68 1 4 Tr a f t t c s i g n a l M o d H i c a H o n P l a n s 2 • 2 2 4 3 0 3 0 3 6 $11,35 8 5 Tt a f f i c C o n t r o l P l a n s 4 2 1 0 2 4 2 4 6 0 $7,88 2 6 Co s t E s t i m a t e s 1 2 4 e 2 0 3 4 $4,38 2 7 St r u c t u r a l C a l c u l a t i o n s 1 4 a 3 2 4 4 $5,60 0 •8 Pr o i e c t S p e c l f l c a t i o n s a n d B i d D o c u i n e n t s 1 2 2 0 1 6 1 2 6 5 6 $7,53 6 9 NO I a n d S W P P P T 2 6 1 4 3 6 4 6 2 $7,82 2 1 0 Ca l t r a n s E n c r o a c h m e n t P e r m i t 4 2 0 1 2 8 4 4 $6,41 2 1 1 Su b m i t t a l s a n d P r o c e s s i n g 8 I S 1 6 4 0 $5,26 4 m Ti q 5 f « L W Q J 3 R B 23 8 •• T ^ i f i i •• • ' i j i ^ '' • T - : / 5 M V : ' : - T ; ^ li i w t ^ ^ iiiiiiiiiSiiii r Rb l r r t t f u f l t B t j I i ! ^ m ^V ^ «2iOW i su t $ s f i H W i ( 6 n t : B i W ^ :, i : ' : " - : ' fumotm OPTIONAL ITEMS City of San Juan Capistrano Professional Consultanl Services for the Preparation of Plans, Specifications and Cost Estimates for the SAN JUAN CREEK ROAD WIDENING PROJECT (CfP No. 4t)6) SECTION II - PROPOSED OPTIONAL ITEMS FEES PHASE 1 - PRELIMUNARY ENGINEERING A.1 • RjghtHDf-Way Ehgirteering $10,312 A.2 Traffic Operational Analysis : ..$15,132 A.3 Traffic Management Plan $11.202 . Subtotal phase I Fees , , $36j646 PHASE II - ENVIRONMENTAL DETERMINATION A.4 CEQA Compliance (VA Coordination Portion)- , $3,772** PHASE III - FINAL DESIGN A.5 Drainage and Storm Water Data Report ....$13,596 A.6 Bridge Lighting .,..$25,334 A.7 Addittonal Caltrans Eh^oachiTient Permit C(X)rdin#^^ ..••..$; 6:696 Subtotal Phase;III Fees ,.....$45,626 Reimbursable Expenses..... .., ..i.e.. .$ 600 Ti«e Report Expenses;.. ,. .....„- 3,000 TOTAL OPTIONAL ITEMS FEES ............,.;............,...i..;....„..,.....;.....,......... .....$89vft44 TMs"proposed fee is for VA's Managaraetit arid qoprdtnatfon aciltfitiea vvlth 6ia seleeled sub-consultant, pleas© to AttachtneTrts At arid A2 for the aefusl sub-<S^ ertvlBJnmenlat documenis. Page 3 EKGTNEERS PLAMNTK3 CI T Y O F S i W J U A N C A P I S T R A N O SA N J U A N C R E E K R O A D V V I D E N I N G P R O J E C T ( C I P N O . 4 0 6 ) OP T I O N A L T A S K S E S T I M A T E D F E E S & E X P E N S E S I P R E L I M I N A R Y E N G I N E E R I N G A N D S U R V E Y A 1 R I g t i t - o f - W a y E n g l n e e r i n a 3 2 2 0 2 4 B O $10,31 2 A 2 Tr a f f i o O p e r a t i o n a l A n a l y s i s 3 0 3 2 4 6 11 0 tU.43 2 $70 0 em e n t P l a n 1 2 2 2 4 2 4 $9,60 2 $1,60 0 $0 1 CE Q A C o m p T i e n c e ( V A ' s C o o r d i n a t i o n O n l y ) FI N A L D E S I G N 2 8 $3,77 2 A 5 Dr a i n a g e & S t o r m W a t e r D a t a R e p o r t 1 6 2 4 2 4 2 4 $13,69 6 A S A T Br i d g e U g h t l n g 2 0 Ad d i t i o n a i C a l t r a n s E n c r o a c h m e n t P e m t i t C o o r d l n a l i o n $2,44 0 $22,89 4 $6,69 6 in i r r , ; i i : r ; r r v - ^ r ; ! . 7 . r i , ; ^ ^ r ^ . i l ^ k k . . ^ ^ f c ^ i ; ^ ^ ^ 2 4 13 2 6 6 8 0 12 2 4 0 46 2 FE E S $4 , 1 5 2 $2 1 , 1 2 0 $7 , 3 9 2 $9 , 7 6 0 :j L T 2 ' 2 $1 4 , 2 7 4 $3 , 6 0 0 $5 5 2 $0 $60.85 0 $25,19 4 ~: - F ^ i ? l $ ? t r r ) '; . 6 t 1 7 •. ' $ . 9 Q : $8 9 $2 0 5 ' Re l m b u i a a b l e E x p e n s e s $60 0 Ti t l e R e p o r t 3 $3,00 0 Su b e o n s u t a n t F e e s $25,19 4 TO T A L F E E S $89,64 4 ii . v > . 2 « I , J U M C a r t R M W M t n M C i r c i O N M . R S M « 0 f I t n 4 C « U k RESOLUTION NO. 09-05-19-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IN SUPPORT OF IMPROVEMENTS FOR THE SAN JUAN CREEK ROAD WIDENING PROJECT (CIP 406) WHEREAS, a feasibility report was prepared to study different options for San Juan Creek Widening project; and WHEREAS, CalTrans has reviewed the options and supports Options "C" and "A"; and WHEREAS, a Resolution of Support is required for regional funding applications and federal appropriations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby declare support for the San Juan Creek Road Widening Project based on Option "C" as the ultimate widening concept and Option "A" as the initial phase for the project. PASSED, APPROVED, AND ADOPTED this 19*^ day of May, 2009. ATTEST MARGA! ft A Fi. MONAFfAYl, CITY CLEJ^K 5-19-2009 ^yl^fl STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No, 09-05-19-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 19"^ day of May 2009, by the following vote: AY^ NdES: ABSBNtfNl /I A COUNCIL MEMBERS: COUNCIL MEMBER: COUNCIL MEMBER: Allevato, Hribar, Freese, and Mayor pro tern Use Mayor Nielsen None 2 5-19-2009