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17-0815_CHARLES KING COMPANY, INC._Agenda Report_E10TO : FROM : City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ~n Siegel, City Manager SUBMITTED BY: Steve May, Public Works and Utilities Director ~/'UA._ Ken Al-lmam, Chief Financial Officer PREPARED BY: Eric P. Bauman, Assistant Utilities Director DATE: August15,2017 8/15/2017 E10 SUBJECT : Consideration of a Third Construction Contract Amendment and a Resolution Declaring Work Completed for the 1-5 and Ortega Highway Interchange Pipeline Relocation Project (CIP 11805) (Charles King Company Inc.) RECOMMENDATION: 1. Adopt a Resolution declaring the work completed , accepted , and approved for the 1- 5 and Ortega Highway Interchange Pipeline Relocation Project (CIP 11805), and directing the City ·Clerk to process recordation of a Notice of Completion for the Project; 2. Approve and authorize the City Manager to execute the Third Amendment to the contract between the City of San Juan Capistrano and Charles King Company Inc. for an additional amount of $30, 724; and 3. Direct the City Clerk to release the payment bond 45 days after recordation of the Notice of Completion, and to release the performance bond one year after the date of completion. EXECUTIVE SUMMARY: The Caltrans Project to reconstruct the Ortega Highway Bridge and roadway, including the freeway on-ramps and off-ramps, required the relocation of water lines and a sewer line. The location of the pipeline relocationsis shown on Attachment 1. City Council Agenda Report August15,2017 Page 2 of 4 Construction work for the Project was substantially completed to the satisfaction of the City Engineer by the City's contractor, Charles King Company Inc., as of November 14, 2016. After a nine month period of negotiating final construction change orders and reconciling the project accounting, the work is ready for acceptance and recordation of a Notice of Completion. Staff recommends that the City Council adopt a Resolution (Attachment 2) declaring the work completed, indicating that the cost of the work was $3,150,453, accepting the work, and directing the City Clerk to process recordation of a Notice of Completion (Attachment 3). It is also recommended that the City Council direct the City Clerk to release the contractor's performance and payment bonds (Attachment 4) one year after the date of completion, and approve the Third Amendment to the construction contract in the amount of $30,724 (Attachment 5) for construction change orders. DISCUSSION/ANALYSIS : The City contracted with Charles King Company Inc. (CKC) on January 4, 2013, to construct the relocated pipelines. On December 17, 2013, CKC's contract was amended to include the relocation of the Capistrano Mutual Acres Water Company irrigation line (First Amendment). Caltrans paid for this work and agreed to pay for any additional costs incurred in the process of the work. On August 4, 2015, CKC's contract was amended (Second Amendment ) to include the addition of a waterline to serve the proposed Plaza Banderas hotel, which is obligated to construct the line under its-development agreement with the City. The hotel developer entered into an agreement with the City on March 17, 2015, whereby the City's contractor, CKC, would construct the pipeline and the developer would reimburse the City for all costs of the additional pipeline. There have been additional construction costs for this component of the work amounting to $173,529, partially offset by $142,805 savings in engineering and construction management for this work, resulting in a net additional cost of $30,724. This amount has been billed to Rivendell Land Company Inc. This $30,724 additional cost is beyond the current authorized contract amount for CKC, and a Third Amendment is necessary. FISCAL IMPACT: The 1-5 and Ortega Highway Interchange Pipeline Relocation Project (CIP 11805) was completed at a cost of $3,150,453, which is $169,988 under the approved budget amount of $3,320,441. Following are the funding sources for the Project: Caltrans Rivendell Land Co. Inc. Sewer Capital Replacement Funds Water Capital Improvement Funds Water Capital Replacement Funds Total Project cost $1,404 ,606 $ 709,522 $ 71,241 $ 176,311 $ 788,773 $3,150,453 City Council Agenda Report August 15, 2017 Page 3 of 4 The CKC original construction contract for $1,695,422 was modified by the addition of the Capistrano Mutual Acres Water Company (CMAWC) irrigation line for the amount of $285,300 (First Amendment), and the addition of a waterline to serve the proposed Plaza Banderas hotel in the amount of $452,867 (Second Amendment), bringing the total contract amount to $2,433,589. Through the course of the work there were construction change orders amounting to additional costs of $290,524 and reduced costs of $259,800, resulting in a net contract increase of $30,724 (Third Amendment). With this proposed Third Amendment, the total CKC contract amount would be $2,464,313. ENVIRONMENTAL IMPACT: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(3) of CEQA Guidelines because the action is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14,Chapter 3, and the action has no potential for resulting in physical change to the environment, directly or indirectly. PRIOR CITY COUNCIL REVIEW: • On August 4, 2015, the City Council approved the Second Amendment to the construction contract with Charles King Company Inc. in the amount of $452,867, for construction of the water pipeline to serve the proposed hotel, and amended its agreements with RBF Consulting, and Dexter Wilson Engineers for construction management and design. • On June 2, 2015, the City Council approved the assignment and assumption of the Stroscher G3 LLC interest in the Development Agreement for the Plaza Banderas Hotel and Mixed Use Project to the South Coast Investor II LLC, as subsidiary of Rivendell Land Company. • On March 17, 2015, the City Council approved a construction agreement with Rivendell Land Company Inc. and appropriated funds for the construction of a water pipeline across the 1-5/0rtega Highway Bridge to serve the proposed hotel. • On December 17, 2013, the City Council amended its Utility Agreement with Caltrans and agreed to relocate the Capistrano Mutual Acres Water Company irrigation line on behalf of Caltrans, approved the First Amendment to the construction contract with Charles King Company Inc. in the amount of $285,300, and approved amendments to agreements with RBF Consulting, and D~xter Wilson Engineers for construction management and design. • On January 4, 2013, the City Council approved a Personal Services Agreement with RBF Consulting for Construction Management Services for the 1-5 and Ortega Highway Interchange Pipeline Relocation Project (CIP 11805). • On January 4, 2013, the City Council awarded a construction contract to Charles King Company Inc. in the amount of $1,695,422 for the 15 Ortega Highway Interchange Pipeline Relocation Project. City Council Agenda Report August15,2017 Page 4 of 4 • On October 2, 2012, the City Council rejected the one bid submitted by Steve P. Rados Inc., ("Rados") and directed Staff to rebid the project. • On August 7, 2012, the City Council approved the plans and specifications prepared for the 1-5 and Ortega Highway Interchange Pipeline Relocation Project for bid; and, authorized staff to proceed with negotiations with the owners of the Plaza Banderas Hotel. • On September 6, 2011, the City Council approved a Personal Services Agreement for Engineering Design Services for the 1-5 and Ortega Highway Interchange Pipeline Relocation Project (CIP 11805) with Dexter Wilson Engineers Inc. • On August 3, 2011, the City Council approved the Development Agreement between the City and the Plaza Banderas Hotel. • On July 5, 2011, the City Council approved the second reading of an ordinance approving the Development Agreement between the City and the Plaza Banderas Hotel. • On June 30, 2011, the City Council approved the first reading of an ordinance approving the Development Agreement between the City and the Plaza Banderas Hotel. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • On April 18, 2017, the Utilities Commission voted unanimously to recommend that the City Council approve the notice of completion for the 1-5 and Ortega Highway Interchange Pipeline Relocation Project. The Commission appointed Commissioner Jack Hunt as the Commission's representative to attend the City Council meeting on this item, and Vice Chairman Miller as the Alternate Representative to attend the City Council meeting -to represent the view of the commission on the recommendation provided. NOTIFICATIONS : Charles King Company Inc. MBI Consulting Dexter Wilson Engineers Rivendell Land Company Inc . ATTACHMENTS : Attachment 1 -Location Map Attachment 2 -Resolution Attachment 3 -Notice of Completion Attachment 4 -Performance and Payment Bonds Attachment 5 -Third Amendment to Construction Contract INDEX OF PLANS STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROJECT PLANS FOR CONSTRUCTION ON STATE HIG,HWAY IN ORANGE COUNTY IN SAN JUAN CAPISTRANO ON ROUTE 5 FROM 0.2 MILE SOUTH OF ROUTE 5/74 SEPARATION TO 0.5 MILE NORTH OF ROUTE 5/74 SEPARATION AND ON ROUTE 74 FROM 0.1 MILE WEST OF ROUTE 5/74 SEPARATION TO 0.1 MILE EAST OF ROUTE 5/74 SEPARATION TO BE SUPPLEMENTED BY STANDARD PLANS DATED MAY 2006 Limit of Work (Del Obis o St) Sta "B" 4+80.00 END CONSTRUCTION <ROUTE 5) Sta "A" 539+00 PM 10.00 I BEGIN CONSTRUCTION <ROUTE 5) Sta "A" 503+00 PM 9.30 BEGIN WORK AND CONSTRUCTION Sta "B" 11+05.70 PM 0.00 Be in Work (Route Sta ''A" 495+00 SAN JUAN CAPISTRANO ' END CONSTRUCTION CROUTE 74) THE CONTRACTOR SHALL POSSESS THE CLASS (OR C!..ASSES) OF' :..ICENSE AS SPECIFIED JN THE ''NOTICE TO BIDDERS." Sta "B" 22+20 PM 0.20 NO SCALE Work (Ortega Hwy) "H" 4+55.52 End Work (Route 74 ) Sta "B" 26+00 RESOLUTION NO. 17-08-15- 1-5 and Ortega Highway Interchange Pipeline Relocation Project A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK COMPLETED AS TO PLANS AND SPECIFICATIONS FOR 1-5 AND ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT (CHARLES KING COMPANY INC.) CIP 11805) WHEREAS, on the 4th day of January 2013, the City of San Juan Capistrano entered into a contract with Charles King Company Inc., addressed at 2841 Gardena Ave ., Signal Hill, CA, 90755 , for construction of the 1-5 and Ortega Highway Interchange Pipeline Relocation Project; and, WHEREAS, on the 1 ih day of December 2013, the City of San Juan Capistrano amended the contract with Charles King Company Inc. to add work related to the relocation of the Capistrano Mutual Acres Water Company irrigation line; and, WHEREAS, on the 4th day of August 2015, the City of San Juan Capistrano amended the contract with Charles King Company Inc. to add work related to the addition of a pipeline to serve the Mission Inn as San Juan; and, WHEREAS, the City Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is $3,150,453. SECTION 3. That the work is hereby accepted and approved. SECTION 4 . That the City Clerk is directed to forward forthwith a Notice of Completion to the County Recorder of the County of Orange for Recording. PASSED, APPROVED, AND ADOPTED this 15th day of August 2017 . ATTEST : Maria Morris, City Clerk Kerry K. Ferguson, Mayor ATTACHMENT 2 Page 1 of 1 ATTACHMENT 3, Page 1 of 1 RECORDED AT REQUEST OF AND RETURNED TO: City of San Juan Capistrano City Clerk’s Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 27383 Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Charles King Company, Inc., addressed at 2841 Gardena Ave., Signal Hill, CA 90755, for construction of the I-5 and Ortega Highway Interchange Pipeline Relocation Project (CIP 11805). That the said work completed on November 14, 2016, by said company according to plans and specifications, and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano as owner, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, at a regular meeting thereof held on the 15th day of August 2017, by Resolution No. 17-08-15-___. That upon said contract, The Ohio Casualty Insurance Company of Fullerton CA was the surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano this 15th day of August 2017. Maria Morris, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, that the foregoing No tice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 15th day of August 2017. Maria Morris, City Clerk City of San Juan Capistrano $17,600.00 PRF.HIUH IS t'OR CONTRACT TERM AND IS SUII.JI~Cl' TO ADJUSTMENT BASED ,ON VINAL CONTRAT PRICE PERFORMANCE BOND KNOW All MEN BY THESE PRESENTS, That Charles King Company, Inc. .. llond No. 024047208 EXECQTED IN DUPLICATE as Conttiic:tor; And The Ohio Casualty Insurance Company as Surely , are held firmly bound unto the City of San Juan Capistrano. a legal entity, organized and existing in the County ol Orange, California. hereinafter called the "Owner," in the sum of: ONE MILLION SIX HUNDRED NINETY FIVE TIIOlJSANJ) FOUR IIUNIJRE() TWENTY TWO AND 00/100 ($1,695,1•22.00)*******"'*********** dollars. lor the payment ol which sum well and truly to be mad.e, we bind ourselves . our heirs. executors, administrators. successors, and assigns. jointly and severally , firmly by these presents . WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled : IMPROVEMENT PLANS FOR 1·5 ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION, CIP No. 11805 NOW THEREFORE, il said Contractor shall perform all lhe requirements of sa1d Contract Documents required to be performed on its part, at the limes and in the manner specified herein . then this obligat ion shall be null and vo id . otherwise it shall remain in fu ll lmce and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished. or changes iiHhe lime of completion. which may be made pursuant to lhe terms of s~:ud Contract Documents, shalt not in any way release said Contractor or said Surely thereunder, nor shall any extensions of time granted under the provisions ol said Contract Documents. release either said Contractor or said Surety, and notice of such alter<Jtions or eKtcnsions or the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this _..::.l .::.O_,_tb=----da y ol __ January . 20l.L__ Charles King ~:"''"Q<4:.' Inc, Titl e Debra K. King. President JqU~Ut,JO oltll(.lf:tiiJ"tl,.IHI fj,.,'l'l)l (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PERFORMAN CE BOND AGREEMFNl /\NO BONOS . f"J II r.l=" J ATTACHMENT 4, Page 1 of 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • :N'~~~~<t!Z:~ ... ;-Z~.«~«~.; ~ "l::r.i:!..¢£.~""'&'<:'!:!:.~1:~ ~~..zy-~~ State of California County ol Orange } On /-/ tJ-2-0if before me, _ ~ry Marti nooi -Notary Public IMito lllll'f' ()'l(rt personally appeared ______ R_y._a;:..nc.:._S;;;...;;... _Ha....;:.;:;.o~t :;::l;;;;e=~=----------- ,.,.,...,,,,.,~,~ 'ace ·~~R~ -~~RTIGNONI 1 ... . COMM. # 1947853 z ~ ' NOTARY PUBUC • CAUFORNIA ~ l . ORANG! COUNTY J . 2 ~ 1 Cor:m. e:plrn Sepl9, ~~5 " d 0 us db 5 4 . who proved to me on the basis of satisfactory evidence to be lhe person(s) whose name(s) is/are subscribed lo the Wllhin instrument and acknowledood to me that holshcllhey executed the samo in hislhcrllheir authorized capacity(les), and that by hislherllheir signalure(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, eKecuted tho instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of California that tho foregoing paragraph is lruo and corroct. WITNESS my hand and official seal. nJOJJ\Jh 111(.) lfliOffTUit()ll bo/.;Jt\' 1$ nol rP.qwrt»d h\• 1~1'v J! m ., •. l''f'•'P \',JIOiit:,·p '" t"f'f'Son5 n~·mq t~n lfttt <loctm)(ltll il'Jd could prt'Vt'nt lrltudu/.ltonJ t(.Vnt-"t\fll -uvt ,,.,,,,.~dur-.rnt 111 Jlwo lorm In nntlfhf•r t'k"tamu~nt Description of Attached Document T11le or Type ol Document: ------- Documenl Dale:------------.. __________ Number ol Panes :-·--·-----·-----~ Si~nm(s) Olhar Thnn Nflmfll1 Ahovo: Capacity(ies) Claimed by Signer(s) Signer's Name . ~yan S. Mantle '·! Individual 1 i Corporalc Ollicor -Tillo(s): ____ • :~: Parlner-;:: Ltmiled '·, General x · Allorney rn Fact , , Trustee . ' Guardian or Conservalor -Olher: ---· Srgner Is Represenhny : ----··-- The O~io Casualt~ lnsurance.....Company _ T•~t • 'Htut•, H' S11)m:r's Narnc: ______ _ 1 , tnc11111rtua1 I Corporalc 011icer -T1tlo(:;) _., _____ _ 1 Pm1ner -:J Limited 1 1 Gt?nAral ! 1 /1llnrney in Facl I I Truslec I Guard1an or Conservalor r! Oilier ·----------- SIQIIer Is Ropresen11ng : r:~..-::;;;c::r=:;r:;.t.,.""C; . ...-:; .. ·:t;C"=~ ... .A :v;.··<f'.:-t-r:·:V::::C::..•~-.·:-r: ~·.··,·.··r.·~·r:;:·r::~~~:·l:;.;:c.~;c ~~;(..--·u.·,:.c~~ .. "';l;<;:rx.::-:r;<~"'A:r~ '">=-~•: H4f..-.r'-""II U :>t.:f't ~._VV hhV..-~"J )~-· f .. C,..i ,• A;.· l'f't n,,, ,'fl1:' o l).,l·-·11 11 I t, 'II H • .'tf('• ~"""4.U t'f\il74-""""f'l.o11J N-1 •1 1','11.' fW1\1r" 1:..11 f 1l r ~, .. ·: ~Jrl f "tt.(>-2 • ATTACHMENT 4, Page 2 of 6 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON REO BACKGROUND. 5428934 ·This PoWilr of Attorney limits the acts of those named herein, and they havo no authority to bind the Company except In the manner and to tho extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company West American Insurance Company libeny Mutual Insurance Company Peerless Insurance Company Cer1tflcalu No POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That Amer\Can Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under tho laws of tho State ol Ohio. that liberty Mutual Insurance Company is a corporation duly organized undor tho lnws of the Stale of Massachusetts. that Peerless Insurance Company Is n CO'llOralton duly organized under the laws of the State of New Hampshire, and West American Insurance Company Is a corporation duly orgamzed under the k1ws olthe Slate of Indiana (heroin collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, conshtute and appoint, LES M. MANTLE; RYANs. MANTLE .................................... . ................... _ .• ,.? ........................................ _ -·······~-· ............... ".,1 .. •······-··""''"·"-·•·-····~~--········'""''.... . ...... _ ....................... _,,._. .. ,_,,,..,_ .... ,_,, ____ ~.-·........ ........ • ......... ···--·········· .. ·• ,,_ .. ,,- ....................... ,, .. __ ,._ --·······-···-............. ~ ............... -...... -....... _.,~-· ..... ,_, __ ,,,, ............. ,_..,,,.._ .......... -..... .,. .............. ~-·--....... _ ... , ... _ .... ,_,, __ , ........ -~ ... -.......... ~ ............................ , .. , ...... , ............ , ..... _., all of the city of FULLERTON stato of CA each individually if there be more than one named. its true and lawful attomey·in-fact to make, execu1e, soat. ac~nowledge and deliver, for ond on its behalf as surety and as its act and deed. any and all undertakings. bonds. rCCO!Jnizances and other surety Obligations. in pursuance of thcso prCSilnls and shall bo as binding upon tho Companies as If they have been duly signed by the president and <Jttostcd by the sooetary of U1e Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ....!!.!!!_day of Juno • .22!!.. STATE OF WASHINGTON ss COUNTY OF KING American Fire and Casualty Cornpt~ny The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company West American Insurance Company By: ~~--~~~-----~<~~--~--~--------- On thiS ___!_!!!!__day of June • ..w.L. before me personally appeared Gregory W Davonpo!l, who ackooNiedged himself lo be the Assistant Secrelary of American Fire and Casualty Company. Liberty Mutual Insurance Company. The Ohio Casualty Company. Peerless Insurance Company and West American Insurance Company. and that he. as such. being authorized so to do. oxcculo the loregoing instrument lor the purposes therein contained lly signing on behalf of the corpomtions by himself as a duly authorized olficer. IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial soal111 Soatllo,. washington. on the day and year first above written. lhls Power of A«orney is made and executed pursuant to and by authority of the following By -laws and iluthorizations of American Fire <Jnd Casualty Company. The Ohio Casually Insurance Company. liberty Mutual Insurance Company. West American Insurance Company and Pt>erfcss Insurance Company. which resolutions are now in full Ioree and effect wad1ng ilS lollows : ARTICLE IV-OFFICERS-Section 12 . Power of Attorney. Any officer or other offiCial of the Corporation authorized for that purpose in wri1ing by the Chairman or the President, and subject to such limitation a5 the Chairman or the President may prescribe, shall appoint such atlornoys -m-fact. as may be necessary to act in behalf of the Corporation lo make. execulr.. seal. acknowtedgo and deliver as surety any and all undertakings. bonds. recognizances and othor surety obligations Such attorneys-in-fact. subject to tho limitations sotlorth in their rospcclivc powers of allomoy, shall have hill power to bind the Corporation by their signature and c~ccutlon of any such lnstnm1ents and to attach thereto the seal olthe Corporation When so executed, such lnstn1ments shall be as binding as if signed by the President and allosicd to by tho Secretary. Any power or authority granted to any representative or attornoy·ln-lact under the provisions of this article may be revoked at any time by the Board. the Chairman. the President or by the officer or officers granting such power or authority ARTICLE XIII-Exec11lion of Contracts-SECTION 5 Surely Bonds and Undertakmgs Any olfiCP.r of the Corrpany aulhonzcd !or that purpose'" WTI~r>J by lhe cha1m1an or tho pre~,<~cnl . and subject to such 1m lations as the clia irman or the president may prescribe. shall appoint such atrorneys·in-lact as TMy be necessary to act 1n beha!f cf it.e Company lo make . en'Cuie. seal. ackrJOY;It'd<je .1nd deliver as surer, any and all ur-dertakings. bonds . reccgnizanros and otner surety f:'~l~gal:ons Such attomeys .in-fact sub;ect to lhe l•mitat;()(l$ set forth in ~he1r respcclive pa.~ers of anorr.ey. shall have full piNier to tMd the Company 17t the.r signature ~nd Cll'cuhon of any such instruments arid lo a1:ach !hereto the seal of lhe ComfkliiY Wnc:ll so er()CU11.'<1 such mstnm~ents shall~ as bind1ng as •f sogned by the president and atlcstc-d lly the secretary Certificate of Designation -The President ol the Ccmpany. acting pursuant to the Bylaws of the Comp.1ny, authorizes Gregory W. Davenport, Assistant Secretary to apflO•nt such attomoy ·in ·lacl as may be necessary to act on behalf of the Company to make. execute . 5Cal. acknowledge and deliver as surety any and all undertakiil{]S. bonds. reco<Jni!;mcos and OtiiCr surety obligations Authorization -By unanimous consent of tho Company's Boord of Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary ol tho Company, whorovor appearing upon a certified copy of any power of attomcy issued by tho Company In connection with surety bonds, shall be valid and biding upon tho Company wilh tho same force and effect as though manually offiKcd. I. David 1.-1 Carey. the undersigned. Assistant Sccrelary. of American Fire and Casualty Company, Tho Ohio Casually Insurance Company, Liberty ~Au!unl lnsuran<:11 Compauy, WP.st Arnericc1n lusur.1nce Company and Peerless Insurance Company do hereby cerMy lhallho 011\Jinal fliJM'r of allorney ol which lhe for~oing is~ lull. tn•e nml corrcd copy of lhe Power of Allornoy executed by said ComJl.1nies . is In full Ioree nM olfecl and has not been revoxoo IN TESTIMONY WHEREOF. I havo hereunto set my hand and alf1xed the sea!s cl said Cowpam e5 ltus _lQ__ <lay of .....::;.=o.==~-. 20fl.__ (:··>)(. :J J(·~· ~~ PCJ~' '" ca: I MH '.(.I(. l •lt. \'~n t: l M~l ! ;'!!.' :1 :: .. : I(J I~' \ r ) ATTACHMENT 4, Page 3 of 6 PREMIUM INCLUDED IN PERFORMANCE BOND Bond No. 024047208 EXECUTED IN DUI'J.l CATE PAYMENT BOND KNOW All MEN BY THESE PRESENTS, That The Ohio Casualty Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and eKisling in the County of Orange, State of California. hereinafter called the *Owner." in the sum of: ONE KILLION SIX HUNDRED NINETY FIVE TJJOUSAND FOUR HUNDRED TWENTY TWO AND 00/100 ($1 ,695 ,422.00)*****************dollars, for the payment of which sum well and truly to be made, we bmd ourselves. our heirs, executors. administrators, successors, and assigns. jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the anneKed agroornenl with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: IMPROVEMENT PLANS FOR 1·5 ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION CIP No. 11805 NOW THEREFORE, if said Contractor. its subcontractors, its heirs . executors, administrators, successors. or assigns shall fail to pay for any materials. provisions. provender, equipment, or other supplies used in. upon, for. or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code. or for any amounts required to be deducted. withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Tille XV. Chapter 7, Sections 3247-3252, inclusive. oflhe Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons. companies. or corporations so furnishing said materials, provisions. equipmont, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person. company , or corporation renting or hiring implements or machinery or power lor, or contributing to. said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor. shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth. and also will pay, in case suit is brought upon this bond. a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the Stale of California so as to g1ve a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished. or changes in the lime of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surely thereunder, nor shall any extensions of lime granted under the provisions or said Contract Documents release either said Contractor or said Surety. and notice or said alterations or extensions of the Agreement is hereby waived by s<11d Surety. SIGNED AND SEALED, this _..:.1 O=th:..:...,__ day or _---=cJ.=a.=nu.=.a::..r::..y.__ ___ 20.!L_ Charles King lnc. Contractor Company By _~~~~~~,--·--------- Tille Debra K. King, President FG~~y U 1_,.~~ •, liJ ... ,~,...~ont1 •Pd ,,,,,J)Il' 'M1e Ohio Tille S. Mantle, Attorncy-iu-llact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENT AND BONDS · PAGE 5 ATTACHMENT 4, Page 4 of 6 State of California } County of Orange On 1-IO-Zot? before me, Ma Hartignoni -Notary Public -..;..;;;o.~--''-'-=..::....;;;.:::::J ,.,,.,, ~.~»t fi:lmO nno f ~t~t nc ""' or10::r personally appeared _______ R:.:.y.t..a::.n=-S::..:.. • .....:Mn:.=.:.:".;t ;;l ;e =;c:;;;=----------- ,~.~nV,•) c Sqll'frsl r·, sssu• " . . q · q sa, uzewvv uen v wou 4 p @ MARY MART IGNONI ... COMM. # 19 478 53 z ~ HOTARV PUBI.IC ·CAliFORNIA ~ ~ OltANClE COUN1"Y J ,,.;, ua.!!. c;on;m. ~;res ~pt ;~· 201~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me thnl hclsheflhcy executed tho same in his/her/their authorized capac ity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is hue and correct. WITNESS my hand and official seal. . ~ SignaltJ'~~ ______ ~'~_"c_r-Nnt_•_•v_~_· •• _o~_~~~x_<M'_' _____ OPTIONAL ,..--~------s.-"'_""....::.'-"''-'-•_..,_ .... _c_~ ______ _ T11 ouph tile-inlormHiion below is not mquttf'd by l,>w. il m,w nmllf' v.1fuat.>le to pl'r.~nn~ "'IVIII!l nn the dc>e uml'lll nrJd c;,ulc1 pr~w:mr fra udulent fpnU'\'ill .1 nd TI.'I;J fl,u·hnwnl at 1/u~: tnt nJ tn nnnttu •1 rl<>r.r.mlPf1( Description of Attached Document T1tle or Type of Document :------ Document Dale:--·-. Signer(s) Other Thnn Nnmed Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ryan S _._Ma __ n_t_l_e ____ _ n Individual f l Corporate Officor -Tillo(s): ___ _ r __ i Partner-:~: Limiii!C1 I -. General X ' Attorney in Fact I 1 Tru!itce !_, Guardian or Conservator l Other: _____ _ • Number of Pnges: --------- Sigrmr's Name :~ _____ ----·-- D tnrl ivitfu01t 1 1 Corporate Officer -T •lle(:;): ___ _ 1 1 Partner -~I Limited 1-1 General I 1 Attorney in Fact I i Trust ec t__: Guardtan or Conserv01tor i.l Other: ~:;,qner Is Rcprcsentrng : SrCJn c r Js Roprcr.rmtrno : ___ _ The Ohio Casua l t ~ _ Insuran.c.e....Company __ ~~ ........ oc...,-·,~ .. ·r-:-r:-.:.;,·r:-:;c:·~, •• t~·r;-"r.·· .. ~,-r~~~··:~C{'C(,~{;t, .:;~~ ;;.Y*-:~ , •;·:·u: Uoh·~l tht:tl\ A•~4J · ... t:t lull ••:n ~.: I"'· S.JI, "'""' pn 1\.l • :m;• •c :t~'l ".worth .C ;t, •)I n • ·'"rC'•~~W~w rJ.II o·l.tltj,."-liV f •IJ ,,,...H.,~.'I"l 7 J~,..r (..;)lflrl fuv• t N tflf,ft.C. •· ATTACHMENT 4, Page 5 of 6 .... ·~ 0. Cll 'D· .:.t.C/1 CCII ftl~ ..cc Tf:iiS PDWER OF ~TfORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5428933 Jhrs Power of Attorney hmrls the acts of those named herein, and they have no authority to bind the Company except in the man nor and to the extent horcln stated. American Fire and Casually Company The Ohio Casually Insurance Company West Amer ican Insurance Company liberty Mutual Insurance Company Peerless Insurance Company POWER OF ATTORNEY Cvrtificate No KNOWN ALL PERSON~ BY THESE PRESENTS: T~al A~crir.1n Fire & Casualty Company and The Ohio Casualty Insurance Company are corpomt ions duly org;rnizcd rmderthe laws of the State o! Ohio, lhnl Liberty Muluallnsumnce Company rs a corpomlron duly organrzod under the lcrws of the Stole of Massachu sell s. thot Pee rl ess lnsuranco Company is a corpomlion duly organrzed rmdcr tho laws of the Slate of New Hampshire, and West American Insurance Company is a corporation duly organized under the taws ollhe Stale of Indiana (herein collectively called lhe ·companies"), pursuant to and by authority herein set forth , does hereby name , constitute and appoint. LES M. MANTLE: RYANs. MANTLE .................................... .. ,,.,,,,.,,,,,.,,,.,,,,,.,,~.,,,,~uo-~•o "+NO OOO M O O.U o O "o ~·o ---•o •o ... ooo-..o oo o .. ooo oooo·o","''""._,, .. .,,,.,,0.,00,,.,,.,..,,.,,,.,,,.,0,00 _o_Ot ... +O·-OOOoOooOo •o oooooo,_,.,,,,.,,,,,0000 ~00_. .... , .. ,, .. ,,_._,0,,.,.0000 ,.,000000000000 '"""••+o "'"'"'''""''"'""' .. '"""'"H"''·'H-"++ .. "''"'"''"..,H •+·ooouo"'"'""""'"'"'''"'''"',.'''''"'.,.•~•·••••.o.oo ""''''""'"'"''-.OI OO ooUOOOto'o4 o Hooo .. oooo·-•·" ''"'"'"'''''"""""""'""'"'''''"''''''"''""''""'''""'"'''"'"''''''""'''' ," •.••f •'J ""'""'"''''"'""" all of the city of FUL.LERTON , state of CA each individually if there be more than one named, its true and lawful a1!omey-in-fac1 to make. execute. seat, acknowl!!dge and deliver. lor and on rls behalf as surety and as Its act and deed, any and all undertakings , bonds, recognizances and other surety obligations . In pursuance of these presents and sh<i!l be as binding upon tho Companies as if !hoy have been duly signed by the president ami aUcsted by the secretary altho Companios In their own proper persons . IN WITNESS WHEREOF. this Power of Attorney has been subscribed by an authorized olficerorofflcial of!heCompanics and the corporate seals ol!heCompanies have been affixed thereto this ....!.!.!!!.._day of June , ~- American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company West American Insurance Conrpany ..; f! STATE OF WASHINGTON :0 ~ COUNTY OF KING ~C) ss By :~~--~~------~~~--------­Gregory W Davenpor1. Assistant Sccrotary u Gl On this .....!!!!L day or June 2012 _,before me persona ll y appeared Gregory W, Davenport, wtm acknowledged himse lf lobo Um Ass istant Secretary of Amer ican Fire and '0 .:! Casually Company. liberty Mutual insurance Company, The Ohio Casually Company, Peerless Insurance Company and West AmeriC<ln lnslrrance Company. and that he. as such, be 'ng li:i ~ authorized so to do. execute the forl>go 'ng instrument for the purposes therein contained by s!9ning on be hall of the corporations by l1imsell ~s ~ duly authorized off1cm t iii IN WITNESS WHEREOF, I have hereunto subscribed my name and ~111xcd my notarial seal at Seattle. Washington. on the day and year firs! above written. _::I ~'0 lij'iii _g~ aio 0~ Cta ~"" cu ... C)C/1 ftiGl tn"" t:..l!l o.= E ~ ... ~ Oftl ....... "C>. ::u ftiC >Gl ... t: O:::J Zu . ' •. >r r I '\ By : Kbet'~ KD Hiley , NotPUblic This Power or Attorney is made and executed pursuant to and by authonty of the folla.ving By -laws and Aulhorizat:ons of American Fire and Casualty Company , The Ohio Casualty Insurance Company, liberty Mulu~llnsurance Company , We st American Insurance Company and Pee rless In surance Company , wh ich reso !ut ions arc now in lull force and effect read•ng as follows : ARTICLE IV-OFFICERS-Sect ion 12. Power of Altomey. Any officer or other official of !Ire Corporation authorized lor that purpose in wriling by the Chairman or tim President, and subject to such limitation as the Chairman or lhe President may prescribe, shall appoint such a!lomcys-in-fact. as may be necessary to act in bolmll of the Corporation to make. execute, seal, acknowledge muJ deli~er as surety any and all undar1akings, bonds, rer.ognizances and othor surely obligations. Such nl!orneys·in-fact. suhjcct to the limitations sot forth in their respective powers ol allorney, shall have full power to bind lhe Corporation by their signature and execution ol any such instruments and lo attach thereto !lie seal ol the Ccrporalion When so executed. such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative cr attorney -in -fact under the provisions ol this article may be revokc-J at any time by the Board. the Chairman. the Pres :denl or by the officer or officers granting such power or authority ARTICLE XIII-Execution of Contracts -SECTION 5. Surety Bonds mrd Undertakings . Any officer ol the Company authorized for tl~11 purpose in writing by tho chairman or the president, and subject to such limitations as the chairman or the president may prescribe , shall appoint such nttorneys-in-facl. as may be necessary to act in behalf of the Company to make , execute . seal , acknowledge and deliver as surety any and all undertakings, bonds . recognizances and other surety obfgal ions . Such attomeys -in ·lact subject to the lim itat io ns set forth in their respec tive powers of attorney. shall have lull power to bind !he Company by their S'9na1ure and execution of any such instruments and to ~lla ch thereto the seal of th e Company Wh en so executed su ch instruments sh all be as binding ~s if s:gned by the pres ident and ancsted by the secretary. Certificate of Designation -The President ot tire Company , act ing pursuant to the By laws of the Company, authorizes Gregory W. Davenport. Assistant Secretary to appoint such aUorney·in-fact as may be necessary to ilCI on bclrall of the Company to make, execute, seal , ackncwlcdge and !!Cliver as su rety any and all undertakings. bonds , recognizances and other surely obligo!ion~. Authorization-By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature or any assistant secretary of the Company. wherever appearing upon a certifred copy of any power of attorney issued by the Company in connect on with surely bonds . shall be valid and biding upon Ire Company with lhc same force and effect ns though manua ay affixed I, David M. Carey, the undersigned, As si stant Secretary, of American Fire and Casually Company, The Oh io Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company do hereby certify thai tim orig inal power of allorney of which the forego ing is a full true •·nd corroct copy of the Powm ol Altorncy e~ec ulcd by sa id Compani~s . is in lull for ce and effect ;md hils nol been rnvoked IN TESTIMONY WHEREOF . I have her cunlo se t my hand an d affi xed the seals ol said Compan ies !Ir is ...!.Q_ day of January . 20 1 3 _ ~r~t~~)~ ,;) '~,.,.·y /.' ~v POA AF r.r. I MIG ()f,;J c PtC !'. \VA lC I P.1 !5 _ ~ :?8 ',' 3 _o.~ 1 G T:' By : . /) ~,.~/1 .If~;/ /• 2 ·-- David M Crorey, Assistant Sccrcwry ATTACHMENT 4, Page 6 of 6 THIRD AMENDMENT TO CONSTRUCTION CONTRACT 1-5 AND ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT THIS THIRD AMENDMENT TO THE CONSTRUCTION CONTRACT ("Third Amendment") between the CITY OF SAN JUAN CAPISTRANO ("City") and Charles King Company Inc., ("Contractor") is made and entered into, to be effective the day of ____ , 2017, as follows : RECITALS WHEREAS, the City and Contractor have entered into that certain Construction Contract dated January 4, 2013, for Construction Services (the "Agreement"); in the amount of . $1,695,422, for the 1-5 and Ortega Highway Interchange Pipeline Relocation Project (the "Project"); and WHEREAS, the City and Contractor previously amended the Agreement pursuant to the FIRST AMENDMENT TO CONSTRUCTION CONTRACT 1-5 AND ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT ("First Amendment") or December 17, 2013, adding $285,300; and WHEREAS, the City and Contractor also previously amended the Agreement pursuant to the SECOND AMENDMENT TO CONSTRUCTION CONTRACT 1-5 AND ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT ("Second Amendment"), on August 4, 2015, adding $452,867; and WHEREAS, all references to the Agreement shall mean the Agreement as amended by the First and Second Amendments; and WHEREAS, the City and Contractor desire to further amend th~ terms of the Agreement as prov,iqed hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend the Agreement as follows: 1. Section 1, Scope, is amended to include cost extras determined necessary in the course construction for the line constructed to relocate the Capistrano Mutual Acres Water Company line (on behalf of Caltrans); additional cost extras determined necessary for the construction of line constructed to serve the Mission Inn San Juan; and cost deductions for work deleted from the original contract. 2 . Section 3.1, Compensation Amount, is amended to add $30,724 to the Compensation Amount for a total Compensation Amount of $2,464,313. 3. Section 20, Counterparts and Facsimile Signatures, is hereby added to read in full as follows: 540028. I 61147.02100\10669788.2 ATTACHMENT 5 Page 1 of 2 This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect 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. 4 . Section 5b, Time of Commencement and Completion, is hereby amended to read iri full as follows: All work related to this contract will be completed by December 20, 2017. 5. Contractor accepts the terms and conditions stated herein as full and final settlement of any and all claims arising from this Second Amendment. The adjustments to the Compensation Amount and the time for completion of the Project in this Second Amendment constitutes the entire compensation and/or aojustment thereto due to Contractor, including direct, indirect, consequential, and overhead (field and home office) costs, arising out of or related to the change in the work on the Project covered by this Second Amendment. By signing this Second Amendment, Contractor agrees to accept the amount of the adjustment to the Compensation Amount, and the adjustment of the time for completion of the Project, as payment in full and full mutual accord and satisfaction for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the change in the work on the Project covered by this Second Amendment. 6. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATTEST : By: ________________________ __ City Clerk APPROVED AS TO FORM : By: ________________________ _ City Attorney 540028.1 61147.02100\10669788 .2 CITY OF SAN JUAN CAPISTRANO By: ________________________ _ CONTRACTOR By : ________________________ _ Charles King Company, Inc. ATTACHMENT 5 Page 2 of 2