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04-0921_GATEWAY PACIFIC CONTRACTORS, INC_Contract CONSTRUCTION CONTRACT THIS CO TRACT is made and entered into, to be effective, this oCA day of 2004, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and GATEWAY PACIFIC CONTRACTORS, INC., hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-1 SD Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: Terminal Reservoir No. 3 as delineated in the Plans and Specifications prepared by CDM, dated July, 2004. Work to include: the demolition of an existing 2 million gallon (MG) reservoir (Terminal Reservoir No. 1); construction of a new 6 MG pre-stressed concrete reservoir (Terminal Reservoir No. 3) installation of an on-site chloramine generator system, construction of an enclosed block structure to house the generator system, installation of subsurface slope stabilization structures, installation of ancillary piping and valves, grading and stockpiling of graded material, paving, electrical site work, and miscellaneous site improvements. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-2 A Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: TERMINAL RESERVOIR NO. 3 Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within six hundred fifty (650) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right io decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-3 Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid ail as more particularly set forth in Section 9 hereof. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-0 0 City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-5 direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. H. If in the opinion of the City's Engineer, it is in the City's best interest and it is deemed necessary to proceed with a required change in the Contract Documents, and time precludes submittal of the Contractor's proposal or, thorough analysis of the Contractor's proposal, or the parties fail to reach an agreement, the City may order the Contractor to proceed (Proceed Order) on the basis of a tentative, not to exceed price based on the best estimate available at the time, with the firm price and time impact to CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-6 be determined later. If a Proceed Order is issued, the Contractor shall submit his proposal for the changes in the work within 7 calendar days of the Proceed Order, and a Change Order shall be negotiated and fully executed within 30 calendar days of the Proceed Order. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of One Thousand Seven Hundred Dollars ($1,700) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Ten Million Five Hundred Twenty- Seven Thousand Two Hundred Seventy-Six Dollars and no cents ($10,527,276.00) as itemized on the attached Exhibit "A." Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-7 one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of each approved progress payment until the Work is fifty percent (50%) complete. Then, the City may at its option suspend further retainage until the final progress payment. The City reserves the right to reinstate up to ten percent (10%) retainage of the total of the Work if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other specific cause for such retainage. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. CIT`!OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-8 Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO. 3 8-9 required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-10 of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages: Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-11 guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-12 whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $5,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $5,000,000 aggregate, separate basis for this project. Automobile liability, including $5,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO. 3 B-13 Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-14 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-15 or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seg., regarding resolution of construction claims for any claims which arise between the Contractor and the City. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-16 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: Evan Lundin Gateway Pacific Contractors, Inc. 8055 Freeport Blvd. Sacramento, CA 95832 CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY4,Soto, N44TRANO By: • Jor CONTRACTOR By: — Gateway Pacific Contractors, Inc. By Byf ar ret R. Monahan, City Clerk APPROVED AS TO F RM: t By: John R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 &18 BID This is page one of EXHIBITA,referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,ifthis Bid isaccepted,to enterinto anAgreementwith the Cityin the form included in the Contract Documents (as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: TERMINAL RESERVOIR NO.3 CIP NO.753 Bidder accepts all ofthe terns and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids,unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and vAH furnish the insurance certificates, Payment Bond, Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents,including the following Addenda(receipt of which is hereby acknowledged): Number 1 Date 8/11/04 Number 2 Date 8/25/04 Number Date Number Date Sidaer has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the locality where the Work is to be performed,the legal requirements(federal,state,and local laws,ordinances,rules,and regulations), and the conditions affecting cost,progress,or performance ofthe Work,and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of Cafrfomia Labor Code Section 1860,et seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation,or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract To all the foregoing,and including all Bid Schedule(s),List of Subcontractors,Non-collusion Affidavit,Bidder's General Information,and Bid Bond contained in these Bid Fortes,said Bidderfurther agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents,and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: 8/31/04 Bidder. Gateway Pacific Contractors, Inc. (Signature) Trde: Evan Lundin, President F0FQL oo BID (PROPOSAL) X*JrNa`�wp° BID FORMS -PAGE 1 his is Page 2 of Exhibit A, referred to in and made part of the Agreement between the Owner and the Contractor BID SCHEDULE TERMINAL RESERVOIR NO. 3 PROSECT CIP NO. 753 ESTIMATED 3 UNIT ITEM DESCRIPTION QUANTITY UNIT s COST AMOUNT 1 General Candid= 1 LS / E,t, 2 Environmental Protection 1 LS 70 D �^ 3 Demolition 1 LS 600' 4 Excavation Backfill and Co on 1 LS / 000�- _ 5 Removal of Unacceptable Su rade Material 2650 CY 00¢ "'-- 6 Removal and Disposal of Surplus Material 1e004 Cy S (Z / Z X00 � 7 lope Stablization f LS (0�!'38fo� (�l3$ 6 Timber Laqqing 30006 SF deo 9 Slope Drainage,Grading and Reseeding 1 LS 0_ 7.Oi0 orb 10 Wetlands Restoration 1 LS9jo, 50OLV.10 w 11 and Piping and Vaults 1 LSdtc r 12 Access Road 1 LSELF ,a0 13 6 MG Pre-stressed Concrete Reservoir 1 EZ_ J 14 Chloramine Generator Facilityi J�-OOCO, 15 Site Electrical and Instrumentation 1 ZDO CCO �n 00 16 Soundwall 652 (fit/ `J loft Total /V `JZ-7 VX 00 Gateway Pacific Contractors, Inc. Name of Bidder or Firm Unit Price Bid Schedule Bid Forms-Page 2 ATTACHMENT 11 January 9, 2006 City of San Juan Capistrano Terminal Reservoir No. 3 Contract Change Order No. 1 CONTRACTOR: This Change Order covers changes to the subject contract as described herein. The Contractor is to construct or furnish equipment and materials, and performs all work as necessary or required to complete the Change Order items for the prices agreed upon between the Contractor and the City. The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this Change Order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order and, further, that the payment under this Change Order is the final and complete compensation for the subject work. Payment to the contractor for this Change Order shall provide full compensation for all equipment, materials, labor, field and home office overhead, mark-ups and profit necessary to complete the work. By executing this Change Order, contractor agrees to proceed with the work as a change order per Section 9 of the Conptruction Contract and waives any right to additional compensation arising out of work listed in this change order, including without limitation, any claims relating to any cumulative effect of changer orders, delays, productivity impact or interruption. In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additional to or deductions from the contract price are hereby approved. Item Do-scrip—tion Amo nt 1) Furnish and Install 2 16" Flex Couplings as detailed in the attached $4,865.25 Exhibit"A" Non Compensable Time extention due to inclement weather 2) (December 04 to January 05) as detailed in the attached Exhibit $0 W 1 ATTACHMENT 3) Non Compensable Time Extension due to inclement weather $0 (February 05 to March 05) as detailed in the attached Exhibit"A" 4) Increase size of air gap structure as detailed in the attached Exhibit $4,805.82 A" Non Compensable Time Extension due to saturated soil conditions 5) as detailed in the attached Exhibit"A" $0 6) Furnish and Install fan for Chloramination Building as detailed in $525.00 the attached Exhibit"A" Furnish and Install raker bracing system as detailed in the attached 7) $183,755.23 Exhibit"A" Furnish and Install storm drain system extension as detailed in the 8) attached Exhibit"A" $55,190.84 9) Non Compensable Time Extension due to inclement weather(April $0 05 to December 05) as detailed in the attached Exhibit"A" Total for Change Order No. 1 $249,142.14 The original cost for this work was: $10,527,276.00 The cost of amendments/change order(s) to date is: $ 0 The cost of this amendment/Change Order No. 1 is: $ 249142.14 Upon approval,the total cost of this project is: $10,776,418.14 The original contract completion date for this work was: 02 August 2006 The additional work included in this Change Order shall add: 105 calendar days The contract completion date shall be revised as: 15 November 2006 2 The Contractor agrees to furnish all labor and materials and to perform all other necessary work required to complete the Change Order items. This document will become a supplement to the contract and all provision will apply hereto. It is understood that the Change Order shall become effective when approved by the City. RECOMMENDED: Dave Adams, City Manager Date (-))Ak4 IAUA:-- I0 0 Amy Amiird Public Works Director Date �2ter al do, enior Civil Engineer Date l9 .fAlu 'ooh Bill Sei , RBF, Construction Manager Date Tim Brown, Gateway Pacific, Contractor Date 3 February 14, 2007 City of San Juan Capistrano Terminal Reservoir No. 3 Contract Change Order No. 2 CONTRACTOR: This Change Order covers changes to the subject contract as described herein. The Contractor is to construct or furnish equipment and materials, and performs all work as necessary or required to complete the Change Order items for the prices agreed upon between the Contractor and the City. The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this Change Order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order and, further, that the payment under this Change Order is the final and complete compensation for the subject work. Payment to the contractor for this Change Order shall provide full compensation for all equipment, materials, labor, field and home office overhead, mark-ups and profit necessary to complete the work. By executing this Change Order, contractor agrees to proceed with the work as a change order per Section 9 of the Construction Contract and waives any right to additional compensation arising out of work listed in this change order, including without limitation, any claims relating to any cumulative effect of changer orders, delays, productivity impact or interruption. In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additional to or deductions from the contract price are hereby approved. Item Descri tion Amount Credit for reduction in Export Materials as detailed in the attached 1) ($88,320.00) Exhibit "A" Credit for Soundwall Deletion as detailed in the attached Exhibit 2) ($52,160.00) „A„ 1 Credit for deletion of wetlands grading as detailed in the attached 3) Exhibit "A„ ($_8,800.00) Credit for reduction in removal in unacceptable soil materials as 4) detailed in the attached Exhibit "A„ ($ 3,562.00) 5) Credit for staff guage as detailed in the attached Exhibit "A: ($ 189.61) 6) Credit for reservoir engineering analysis due to non-conforming ($ 2,775.00) concrete as detailed in the attached Exhibit "A" Replace Check Valve with Cla Val flow control valve as detailed in 7) the attached Exhibit "A" $ 20,778.56 Re-alignment of Electrical Service per SDGE changes as detailed 8) in the attached Exhibit "A" $ 78,772.00 9) SCADA/RTU modifications as detailed in the attached Exhibit "A" $ 2,180.97 10) Furnish and install security alarm kill switch as detailed in the $ 456.02 attached Exhibit "A" 11) Furnish and install planting for off-site wetlands mitigation $ 14,588.00 12) Furnish and install additional pipe for inletioutlet connection as $ 5,891.00 detailed in the attached Exhibit "A". 13) Furnish and install additional subdrain piping as detailed in the $ 3,468.48 attached Exhibit "A" 14) Reimbursement for construction water costs as detailed in the $ 6,043.48 attached Exhibit "A" 15) Supplemental electrical wiring for temporary SCADA system as $ 453.71 detailed in the attached Exhibit "A" 16) Non-compensable time extension due to inclement weather as $ 0.00 detailed in the attached Exhibit "A" 17) Non-compensable time extension due to migratory birds as $ 0.00 detailed in the attached Exhibit "A" Total for Change Order No. 1 ($23,204.39) 2 The original cost for this work was: $10,527,276.00 The cost of amendments/change order(s) to date is: $ 249,142.14 The cost of this amendment/Change Order No. 1 is: ($ 23 204,39) Upon approval, the total cost of this project is: $10,753,213.75 The original contract completion date for this work was: August 2, 2006 Additional work included in previous Change Orders added: 105 calendar days The additional work included in this Change Order shall add: 103 calendar days The contract completion date shall be revised as: February 26, 2007 The Contractor agrees to furnish all labor and materials and to perform all other necessary work required to complete the Change Order items. This document will become a supplement to the contract and all provision will apply hereto. It is understood that the Change Order shall become effective when approved by the City. RECOMMENDED: e ms, Ci M nager Date —iso-off Jo n W. Elwell, Interim Public Works Director Date Pet aldo, ni r Civil Engineer Date JQ 6S)7-a,4Q( i�Lyl- ill Seit , RBF, Construction Manager Date "Iww,---6 L''� Z. / t V v Gateway Pacific, Contractor Date 3 FBF s CONSULTING February 14, 2007 JN 10-103242 Mr. Peter Salgado, PE CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Terminal 3 Reservoir Project; Contract Change Order No. 2 Dear Mr. Salgado, Based on conditions that have changed in the field, RBF Consulting recommends to the City that Contract Change Order No. 2 be approved. (Back up documentation for each item is on the accompanying digital compact disc) Contract Change Order No. 2 provides for a CREDIT of $23,204.39. Please see attached Exhibit W for a breakdown of cost and time extensions. 01) credit Reduction in Quantity of Line Item no. 6. "Export Materials" - Site conditions did not warrant full use of this item. 02) credit Deletion of Line Item No. 16 "Soundwall". Conditions outlined by the Environmental Consultant (representing Fish and Game and Fish and Wildlife) did not warrant the installation of this item. 03) credit. Due to site conditions, the lower wetlands were mitigated offsite. A credit was given for the work onsite that was not performed 04) credit. Due to site conditions, Line Item No. 5 " Remove unacceptable subgrade" was reduced. 05) credit At the request of the City, a substitution was made to a painted staff guage 06) credit a reservoir engineering analysis due to non-conforming concrete. This credit was agreed upon by the contractor 07) At the request of the City, a substitution was with the specified altitude valve to a Cla Val Altitude valve. 08) Electrical Modifications performed due to change in SDGE requirements. SDGE Operations would not allow the supply line to be placed in the slope. SDGE was not able to secure an easement in the new location. A redesign required relocation of the line and installation of different materials and conductors as well as an additional transformer. 09) At the request of the City, RTU / Scada Modifications were requested by operations in order to create a uniform information management system. 10) At the request of the City, A security switch was added to reduce efforts for staff when on site. 11) Due to site conditions, Due to slope stability concerns, the lower wetlands restoration was deleted and moved off site. The new site is near the entrance to the 760 Reservoir. • 14725 ALTON PARKWAY(Zip 92618-2027)•P.O.BOX 57057(Zip 92619-7057)•IRVINE, CALIFORNIA 949.472.3505 0 FAx 949.855.7050 0 www.rbLcom 12) A variation in As-built conditions vs. As-built drawings for T2 on the existing inlet and outlet line necessitated additional piping and connections. 13) To expedite filling TR3 while TR2 was still in operation, a pump was utilized. The cost of the pump was shared. 14) Per specifications , the Water District is to pay for the water. Due to an error in billing, GPC was receiving and paying all invoices. 15) At the request of the City, Supplemental communication lines were run from T2 to TR3. This allowed the City to monitor TR3 before the communication system was complete. 16) Allowed for a Non-compensable time extension due to inclement weather. 17) Allowed for a Non-compensable time extension due to Migratory Bird Act of 1919 as and other delays as a result of the extension. This Change Order provides: Extension of contract duration 104 calendar days Adjustments to Bid Item No.'s Extra work based on attached time and material reports. Lump Sum cost based on negotiated prices Compensation: A net credit of$23,204.39 is to be deducted from the current contract. Should you require additional information, or have any questions, please contact me at 949.300.9132. Thank you. L1 ce�ely, B`ill� �// Seitz Construction Management Attachments:proceed orders, items C 24ZmrkZJC7R3 10 10324=OnMl6_O cco:¢co 002=0 02 RBF cwer.mc January 9, 2006 City of San Juan Capistrano Terminal Reservoir No. 3 Contract Change Order No. 1 CONTRACTOR: This Change Order covers changes to the subject contract as described herein. The Contractor is to construct or furnish equipment and materials, and performs all work as necessary or required to complete the Change Order items for the prices agreed upon between the Contractor and the City. The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this Change Order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order and, further, that the payment under this Change Order is the final and complete compensation for the subject work. Payment to the contractor for this Change Order shall provide full compensation for all equipment, materials, labor, field and home office overhead, mark-ups and profit necessary to complete the work. By executing this Change Order, contractor agrees to proceed with the work as a change order per Section 9 of the Construction Contract and waives any right to additional compensation arising out of work listed in this change order, including without limitation, any claims relating to any cumulative effect of changer orders, delays, productivity impact or interruption. In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additional to or deductions from the contract price are hereby approved. Item Description Amount Furnish and Install 2 16" Flex Couplings as detailed in the attached 1) Exhibit"N' $4,865.25 Non Compensable Time extention due to inclement weather 2) (December 04 to January 05) as detailed in the attached Exhibit $ 0 "A„ 1 Non Compensable Time Extension due to inclement weather 3) (February 05 to March 05) as detailed in the attached Exhibit"A" $ 0 Increase size of air gap structure as detailed in the attached 4) Exhibit"A" $4,805.82 Non Compensable Time Extension due to saturated soil 5) conditions as detailed in the attached Exhibit "A" $ 0 Furnish and Install fan for Chloramination Building as detailed in 6) the attached Exhibit "A" $525.00 Furnish and Install raker bracing system as detailed in the 7) attached Exhibit "A„ $183,755.23 Furnish and Install storm drain system extension as detailed in the 8) attached Exhibit "A" $55,190.84 9) Non Compensable Time Extension due to inclement weather (April 05 to December 05) as detailed in the attached Exhibit "A" $ 0 Total for Change Order No. 1 $249,142.14 The original cost for this work was: $10,527,276.00 The cost of amendments/change order(s) to date is: $ 0 The cost of this amendment/Change Order No. 1 is: $ 249 142 14 Upon approval, the total cost of this project is: $10,776,418.14 The original contract completion date for this work was: 02 August 2006 The additional work included in this Change Order shall add: 105 calendar days The contract completion date shall be revised as: 15 November 2006 2 0 The Contractor agrees to furnish all labor and materials and to perform all other necessary work required to complete the Change Order items. This document will become a supplement to the contract and all provision will apply hereto. It is understood that the Change Order shall become effective when approved by the City. RECOMMENDED: Q,u. E5 Pam— 1 / 1, f o 6 Dave Adams, City Manager Date CW4-4 anis J (U 10 (v Amy Ami ani, Publi Works Director Date /� 1 /5 vTe Pe S d , S or Civil Engineer Date 09 !AIJ B)II Sei z, RBF, Construction Manager Date Tim Brown, Gateway Pacific, Contractor Date 3 City of San Juan Capistrano Terminal Reservoir 3 Project ATTACHMENT "A" Including: RBF Cover Letter ( 01 page) Proceed Order No. 1 ( 06 pages) Proceed Order No. 2 ( 02 pages) Proceed Order No. 3 ( 03 pages) Proceed Order No. 4 ( 10 pages) Proceed Order No. 5 ( 02 pages) Proceed Order No. 6 ( 05 pages) Proceed Order No. 7 ( 21 pages) Item No. 8 ( 03 pages) Item No. 9 ( 01 page) Total ( 54 pages) omm . . . January 04, 2006 CONSULTING JN 10-103242 Mr. Peter Salgado, PE CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Terminal 3 Reservoir Project; Contract Change Order No. 1 Dear Peter, Based on conditions that have changed in the field, RBF Consulting recommends to the City that Contract Change Order No. 1 be approved. Below is previously approved Proceed Orders 1-7 as well as items 8,and 9 to be included in Contract Change Order No. 1. (Back up documentation for each item listed below is attached) Non Compensable Number Title Initiated Finalized $Amount Days PCO 001 Additional Flex Couplings, 16" 06 Oct 2004 25 Oct 2004 $ 4,865.25 Non Compensable Time extension due to PCO 002 inclement weather Dec 04 to Jan 05 05 Feb 200E 24 Feb 200 $ - 21 Non Compensable Time extension due to PCO 003 inclement weather Feb 05 to Mar 05 07 Apr 200 20 Apr 200 $ - 171 Increased size of air gap structure per RFI PCO 004 P29 22 Apr 2005 05 May 200 $ 4,805.82 Non Compensable Time extension due to PCO 005 saturated soil 05 Ma 200 02 Jun 2005 $ - 1 PCO 006 Fan for Chloramination Building 05 Jul 2005 14 Jul 200 $ 525.00 PCO 007 Raker installation-Wall Reinforcement 05 Jul 2005 14 Jul 200 $ 183,755.23 30 item 008 Storm Drain Extension/Augmentation $ 55,190.84 1 Non Compensable Time extension due to item 009 inclement weather(Apr 05 to Dec 05 9 oral i $249,142.14 105 Should you require additional information, or have any questions, please contact me at 949.300.9132. Thank you. Sinly, Bill Seitz Construction Management Attachments:proceed orders, items e.era.nn.erkvs,evea m,mz<mer,:me o CCos¢Ce oo,=o om RBF cove,doe PLANNING ■ DESIGN ■ CONSTRUCTION 14725 Alton Parkway,Irvine,CA 92618-2027 • P.O.Box 57057,Irvine,CA 92 61 9-70 57 E 949.472.3505 • Fax 949.472.8373 Offices located throughout California,Arizona&Nevada a www.RBFcom or„ud oo r.noi.d woo, Proceed Order No.1v � � �;�,y Terminal Reservoir Na. 3 N. 3 1 c.ni.astnsir+r, lCtty of San Juan Cap. Gateway Pacific Contractors.Inc. J '.0.103242 } Date of Issuance: 02 Dec 2004, Thursday Effective Date: 09 Cec 2004, Thursday You are directed to proceed promptly with the following change(s): Description_ Please subinat a cost to install an additional two(2)16"flex couplings w{restraining harnesses as:dentifled on Gcinsfruc6on Note Seven(7)on page C-10"Site Piping Plan"(14 of 74 sheets)per detail CIC-27 on.the 10"CML&C Inlet and outlet lines'or TR3 (approx station 23+00) Refer to RF 1 002 dated 04 Oct 2004, Attachments, PCO 001 Costs dated 20 Oct 2004 REQUEST FOR CHANGE ORDER PROPOSAL dated 06 Oct 2004 RFI 002 dated 04 Oct 2404 Method of determining change in Contract Price. Method of determining change in Contract Times, Un It Prices _ Contractore records X Lamp Sum Engineer's records Other N,A Other Agreed mcceaae in Contract Pnt;e: - No increase,n Contract Time 84,866.25 ff the Chance,invoives at)frlGrcilsc,the eshfoateti amoonl rS not to be exceeded without further authdn7aG0o. Prepared by - 09 Dec 2004 Wise;t ruG�,�tweimn Manager,L2aF,Consurmis I in..f 'Secammended: Peter Salgado, �rcject Manager,San Juan Capistrano N Approved by. . Arxiy AM;iranVDircorer of Public'AorVs,San Juan Galuturaro vVe,the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposalis approved. that we will provide al1 equipment, furnish all materials, except as may otherwise be noted above, and perform at services.necessary for the work above specified. and wig accept as full payment therefore the prices shown above , r - Accepts& 'J Gary A double�.Vice President.Gateway Pacific Contractors, Inc Proceed Order No.1 k� f a a Terminal Reservoir No. 3 CONSULTING City of San Juan Cap. Gateway Pacific contractors,Inc. JN: 10-103242 ".f'•� Date of Issuance: 02 Dec 2004,Thursday Effective Date: 09 Dec 2004,Thursday You are directed to proceed promptly with the following change(s): Description: Please submit a cost to install an additional two(2) 16"flex couplings w/restraining harnesses as identified on Construction Note Seven(7)on page C-10"Site Piping Plan"(14 of 74 sheets)per detail C/C-27 on the 16"CML&C inlet and outlet lines for TR3 (approx station 23+00). Refer to RFI 002 dated 04 Oct 2004. Attachments: PCO 001 Costs dated 20 Oct 2004 REQUEST FOR CHANGE ORDER PROPOSAL dated 06 Oct 2004 RFI 002 dated 04 Oct 2004 Method of determining change in Contract Price: Method of determining change in Contract Times: Unit Prices Contractor's records X Lump Sum Engineer's records Other NIA Other Agreed increase in Contract Price: No increase in Contract Time: $4,865.25 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Prepared by: 09 Dec 2004 Bill Seitz, Construction Manager, RBF Consulting Recommended: Peter Salgado, Project Manager, San Juan Capistrano Approved by: Amy Amirani, Director of Public Works,San Juan Capistrano We,the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal, is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above Accepted: Gary A. Bechtel,Vice President, Gateway Pacific Contractors, Inc. H'Odata\1010342tConst� ONSTInineoffi�\16 0 CC0s4Mrk Change Diredive.xlsli Page 1 d1 09 Dec 2004.1728 GATEWAY PACIFIC CONTRACTORS, INC. RECEIVED rci C' Fi'; ------------ M14 October 20, 2004 RWWNUTWG Mr. Bill Seitz RBF Consulting 14725 Alton Parkway Irvine, CA 92618 RE: City of San Juan Capistrano Terminal Reservoir No. 3 PCO#1 — Additional Flex Couplings Attached please find backup for the costs associated with PCO #1 Additional Flex Couplings, per your Request for Change Order Proposal No. 1, dated October 6, 2004, The total cost to the project is $4,865.25. Following your review, please process a change order to Gateway Pacific. If any further questions arise, please contact me. Sincerely, Gary A. Bechtel Vice President- Operations cc: File, Tim Brown, Jay Hall 8055 Freeport Boulevard,Sacramento,California 95932-9716•(916)$66-4100•(916)665-4119 FAX � Terminal Reservoir Nm� J City n,San Juan Capistrano PCO No. 1 � 16"Flex Coupling *mon Unit Unit Unit TOTAL Labwor t2 ea) 16 hrs f46 15 'it 20 _76 ��P_F_d U_Z, 3,160('10 73 i,�_o*U16 5� SuMolais 3,160 60 0,00 751 20T 1404 90 Q 0c; 0 Of! 15o lkj 1 11+24 Mark )1074 Subtotal 901,441 3,915Z4 0,00 4 817 0 00 - � REQUEST FOR CHANGE ORDER PROPOSAL }. I � rtaa • ■ • Terminal Reservoir No. 3 CONSULTING San Juan Capistrano Gateway Pacific Contractors,Inc. JN: 10 103242 DATE: October 06, 2004 CONTRACTOR: Gateway Pacific Contractors 8055 Freeport Blvd. Sacramento, CA 95832-9716 bechtel@gatewaypacific.com Project Name SJC TR3 (San Juan Capistrano Terminal Reservoir 3) Project No. 10-103242 Change Order Proposal No. 001 NOTICE TO CONTRACTOR: Please submit a Change Order Proposal for the Proposed modifications to the Contract Documents as described below. If applicable, a Change Order will be issued to authorize the work. THIS IS NOT A CHANGE ORDER FOR AUTHORIZATION TO PROCEED WITH THE WORK AS DESCRIBED! SCOPE OF WORK: Please submit a cost to install an additional two (2) 16" flex couplings w/ restraining harnesses as identified on Construction Note Seven (7) on page C-10 "Site Piping Plan" (14 of 74 sheets) per detail C/C-27 on the 16" CML&C inlet and outlet lines for TR3 (approx station 23+00). Refer to RFI 002 dated 04 Oct 2004. NOTE: This change order proposal is to include extra work at time and materials costs. This work is an Agency initiated change and is to include all labor, equipment, materials, and supervision. The undersigned contractor, will give careful consideration to the change proposed and hereby agree, if this proposal, is approved, that contractor will provide all equipment, furnish all materials, except as may otherwise be noted, and perform all services necessary for the work specified, and will accept as full payment therefore the prices provided Mtpdata\101032421ConsP16_0 CCOM\ crequest=a 1 doc •14725 ALTON PARKWAY(Zip 92618-2027)•P.O.BOX 57057(Zip 92619-7057)•IRVINE,CALIFORNIA 949.472.3505•FAX 949.855.7050•w .rbf.com H"atat1o1032nacomftC0NST—eomrxtlaoccoaul=,aque ci 1d« Page 1 of 1 AML Gateway Pacific Co actors, Inc. ROWEST FOR INFORMATION No. 00002 8055 Freeport Blvd. Phone: 916/665-4100 Sacramento,CA 95832 Fax: 91616651119 TITLE: Single Restrained Flex Couplings DATE: 10/4/2004 PROJECT:Term.3 Reserv, San Juan Capistrano JOB: 4082 TO: Attu: Bill Seitz RBF Consulting STARTED: COMPLETED: REQUIRED: 10/1112004 PX QMT: Per contract drawing C-10,the 16"Drain and 16" Overflow is equipped with two restrained flex couplings per Detail C on C-27,to accommodate both horizontal and vertical movement in the pipeline from differential movement in the structure(reservoir). This is a normal construction practice. Also per drawing C-10,the 16" inlet and 16" outlet is equipped with a single restrained flex coupling at the reservoir, and on both sides of the Altitude vault for a total of six locations. With the differential settlement of these structures and the pipelines,at depths ranging from 10'to 30',Gateway Pacific Contractors has used either double flex couplings at the appropriate spacing,or a double ball flex-tend type flexible expansion joints. Please clarify if the pipelines are to be constructed with single restrained couplings per the C-10 plan or should there be a change to the pipelines at these six locations? Req ad By: ts,Inc. Date; S c Z® 39Vd 0I3Io7d AVM21VO 6TIO999916T L9:60 b00Z/h0/0I Proceed Order No.2 a, �,VftBF . Terminal Reservoir No 3 x ',City of San Juan cap. Gateway Pacific Contraetprs,trc. f tUtuiL47� Date of Issuance: 0%Feb 2005, Monday Effective Date: You are directed to proceed promptly with the following change(s): Descrl,wtor: Nlo,y the compdefion acceptance dater of the t_ontract to allow for an a-Irio not&nee i 151 wcrk rig days 41- ay ar, wilek,tis will be an kgwvalent of twerty one(21 i casrndar days_ This ,a r Unng the aifoweo contract conipleron date from G2 Aug'006 to 23loogust 2006 This a non-cumpeasaWe extension of:ha contrdct to allow for doiays cawed by ndemern weatheTnts reflects alp de2nys 8tr)ugn 31 Jan 2005 Attacrments_ RPquesf`nr adU4loaai tui aated 03 ab2005 cry of cunert scriedcit, Method of determining mange is Co,uact Pr ce Method of leferm:riog change:n Contract T,rres Unit Pnces ContraMor's records LumpSutn _._X Erip neer rad;-1, Other Other Agreed rcre36e in Contract price- ,02 A 2Un6 Origira:Gala for Comp;et11) ^as 0 nc do,[; ,i NONE Extei'-S of r'alr rca -I v,the nrn -rJ oidz ixte Ism) , arendar d ✓ _i=,prar c. O oa cO t,`Fro chanye in✓n-✓c s-:n ior. fa"o the es -'ed 23 Au Z'106 Revised Date for L:^naoicuor emount is riot to he axr-eedEd;v26out Turnior 8trthoA;:abbs: Bri Seit' Construction Manager RBF Consalnng hecommer.iea - PUei 8a}gacp P cern Mznay-. San duan Cap.sF.t:nn „r Any Arrirani, Dirdctor Of Pub4r_Works, San Juan Capistrano We-the undersigned contractor- have given careful consideration to the change proposes and hereby agree if!his order is approved.ihaf we will provide ail equipment. furnish all materials, except as may atherwtse be noted above, and perform a:!services necessary for the work above specified, and will accept as ful;payment therefore in,prices shown above - Gory A baa the vruc President Gatoway P a Fi_irr ra ..is lac GATEWAY PACIFIC CONTRACTORS, INC. February 3, 2005 Mr. Bill Seitz RBF Consulting 14725 Alton Parkway Irvine, CA 92618 RE: City of San Juan Capistrano Terminal Reservoir No. 3 Weather Delays Due to inclement weather conditions, Gateway Pacific was unable to perform work on fifteen scheduled working days. These days were previously agreed upon during the weekly progress meetings. This request covers all rain delays for December and January, during these unusually heavy rains winter months. In accordance with Section 7 of the Construction Contract, and Article 12.02 of the General Conditions, we request 15 scheduled working days be granted to extend the time for successful completion of this project. This will be a non- compensable extension of time. This will move the final completion date from August 2, 2006 to August 23, 2006. Please contact us if you should have any questions regarding this request. cerely, Ja�' aI Project Manager cc: File, Gary A. Bechtel, Tim Brown 6065 Freeport Boulevard,Sacramento,Calffornia 9583&9716•(916)6654100•(916)6654119 FAX Proceed Order No.3 Terminal Reservoir No. 3 F LIONHULI No Ci of son JuanCa Gateway Pacific Contractors.bic, JN 'v-1 C324 Date of Issuance: 07 Apr 2005, Thursday Effective Date: You are directed to proceed promptly with the following change(s): Description, Modify the completion acceptance date of the contract to allow for an additional twelve(12)working days, Based on a 15 day work week this will be an equivalent of sventeen (17) calendar days. This will bring the allowed contract completion date from 23 Aug 2006 to 09 September 2006 This a non-compensable extension of the contract to allow for delays caused by irdement weather This reflect,,all delays through'it Mar 2005 Attachments Request for additional time dated 06 April 2005 Copy of current schedule Method of determining change in Contract Price Method of determining change in Contract Times Prices —Contractor's records Lump Surn Engineers records X Other Other Agreed increase in Contract Price Original Date for Completion .00no ollars) NONE Fxtensron of Calendar days this proceed oder 21 Lxl or of Calendar days approved to date If the change involves an increase, the estimated _99_Sep_-2006 Revised Date for Completion arnount is riot to be exceeded without further authorization Prepared by, 07 Apr 2005 Bill Seitz, art ction Manager, RBF Consulting Recommended ,, Petef)sal a Pr 1ectAllairp9q, Juan Capistrano Approved by Amy Amirani, Director of Pubfc Works San Juan Capistrano We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree if this order is approved that we will provide all equipment furnish all materials, except as may otherwise be noted above and perform all services necessary for the work above specified. and will accept as full payment therefore the prices shown above Accepted Gary A Bechte, Vice President, ateway Pacific Conprartors, Inc P.,-1,- " GATEWAY PACIFIC CONTRACTORS, INC. April 6, 2005 Mr. Bill Seitz RBF Consulting 14725 Alton Parkway Irvine, CA 92618 RE. City of San Juan Capistrano Terminal Reservoir No. 3 February& March Weather Delays Due to inclement weather conditions, Gateway Pacific was unable to perform work on twelve scheduled working days. These days were previously agreed upon during the weekly progress meetings. This request covers all rain delays for February and March. in accordance with Section 7 of the Construction Contract, and Article 12.02 of the General Conditions, we request 12 scheduled working days be granted to extend the time for successful completion of this project. This will be a non- compensatory extension of time. This will move the final completion date from August 23,-2006 to September 9, 2006. Please contact us if you should have any questions regarding this request. VSincere,ly, Prefect Manager cc: File, Gary A. Bechtel, Tim Brown Mt UxaJ t Ong E li EariY oe f J{ 4 I Jac p 1 Sff 1 6vt ( I a{ Mk 01l m v „" __our St rt l rinse it 1�IllII � I Iti . _wc I11-t it D l'j 11 LiT�T7[tlt1. 7T FIT71i:L;�7[Jt - - [gPL �I 1 r �- s4t:A6 t�UCE O 1 J4 e;Gn 111:£ ecessk�.t :,T7 .'J�..II E7..7[.:TSTrI LI�I I].4. 01311,W14_ ONI04 A1 4}d My. <N9 st0 1 n'nr p eu+ ( 1 N) .4r t N,JCt.: *3 + -hJ" `4,Nets i90, o vb HE t,a'".e - 26 ..>'ai ( JAV Jr..... CJ Cnns;:a NCr q w 4a�; 2910 �Cr a .r:0�. J r:wwal d5 p^; 4 31 JN06 iC JN05 c c( , `);r ..ei 'a}RI Ri.3G"ACP ffi4 [ 4 RA 1 4S -1 antls �5A f e24PR0.5 U l."9!1�A ('tE #.:.0 LASt.eta Jus EGrJ �U nP tl f nl_ 1 it 121[,105 --el P06 Ot.mmet S g4 .Ri'aat h L. [ tY t7 19 f 1ZS fV,, ot .-lay JIiO wd •'rv. b �4:3i �Fa r (-,:4' ( .,J;o 1 2 F - itJ £ 5 ❑Er.->Jy F J:an �n c.n „ltfw+, IC M.,105 @iG � la t P3 Lc la J^P ot,Eect n J]04f PJ.+ �14�h P08 GH Hl ins n Lea W99.. 1-v wl ai ... --� 3j lem 06 „1"SEpog � J•+'� 15. A0V0 '+n «cx'r4]( k .;VE-0f l- 12('5EPOG-..1295E POo a Lia:f_es+ RAIN _ _....... ._. _..___ .... . . .....__ ... ... ( 14 v�( �EW44 IRa:n xfi/ I ,kiJ0�R0 I) JY ___ _ F F 6411 100.?J;tidm Delay bLIMA4054 ."2R"ARUva tRnr ii'la, t i Ja�a,a .I i,r. Gateway Pacific Contractors, Inc. — " '"''a' .c kdl l'Y Terminal Reservoir No. 3 - SJG 1'zaer w - t::,.� , PROJECT SCHEDULE ... ...... . _...._ -. Proceed Order No.4 "" Terminal Reservoir No. 3 cotisut.n NG Ci of San Juan Cap__ Gateway Pacific Contractors,Inc. JN: 10-103242 �„_� _.......____-......__._____ __ Date of Issuance: 25 Apr 2005, Monday Effective Date: You are directed to proceed promptly with the following change(s): Description: Based on CDM's response to RFI 029. GPC has submitted an estimate to increase the size of the air gap structure from 60"to 84". Additionally,a fiberglass reinforced plastic grate shall be provided In lieu of aluminum. Attachments: RFI 028, 029 Request for additional funds dated 18 Apr 2045 Method of determining change in Contract Price: Method of determining change m Contract I'mes: Unit Prices Contractor's records X ____,_,___Lump Sum - Engineer's records Other NlA Other Agreed increase in Contract Price Nc increase in Contract Time ,r 54.805.82___ If the change involves an increase, the estimated amount is not to be exceeded without T rther authonzation. Prepared by. � �'"'� 22 Apr 2005 Bill eitz Corui4w¢�tic W,RBF Consulting _._.. r rj' 1, Recommended. Petes'�alga(jo. �,QkkjManager San Juan Capistrano Approved by Amy Amirani, rector of Public Works., San Juan Capistrano We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this order Is approvedthat we will provide all equipment, furnish all materials, except as may otherwise be noted above_ and perform all services necessary for the work above specified. and will accept as full payment therefore the prices shown above. -f Accepted. Gary A.Bechtel, Vice Presi(I enF Gateway Pacific Conti actors. Ina %.TO-ALLZ ! .,_- 1-, C,,^,.lWs NoG,, GATEWAY PACIFIC CONTRACTORS, INC. April 18, 2005 Mr. Bill Seitz RBF Consulting 14725 Alton Parkway Irvine, CA 92618 RE: City of San Juan Capistrano Terminal Reservoir No. 3 PCO #2 — Increased Air Gap Structure REVISED Attached please find backup for the costs associated with PCO #2 — Increased Air Gap Structure. The total cost to the project is $4,805.82. The 60" inside diameter Air Gap Structure was found structurally unstable with one (1) 14" SDR 35 PVC Drain and two (2) 36" RCP Culvert pipe penetrations. Per engineer's response to RFI #20, the Air Gap Structure inside diameter shall be increased to 84" and a fiberglass reinforced plastic (FRP) grate with a 150lb/sqft loading shall be provided in lieu of an aluminum grate called out in the contract documents. For product data and shop drawing details associated with this change please refer to Submittal #43B - Air Gap Structure. Gateway Pacific is requesting a change order for the additional material cost. The extra excavation and installation cost is negligible. Please issue a change order for this extra cost, so we can proceed with the fabrication of the Air Gap structure. If any further questions arise, please contact me. Sincerely, 'JJ Hall Project Manager cc: File, Gary A. Bechtel,Tim Brown 8055 Freeport Boulevard,sacramento,California 95932-9719•(919)9954100•(919)995.1119 FAX Terminal Reservoir No.3 City of San Juan Capistrano PCO No. 2 Description of Work: Increase Air Gap Struture to 84"diameter with FRP Grating Unit Unit Unit TOTAL Description City Unitsl Cost Labor Cost Material Cost Equip SIC 0.00 0.00 PreCon Products Quote 1 Is 3,840.00 3,840.00 3,840.00 Subtotals 0.00 3,840.00 1 0.00 0.00 3,840.00 Sales az @ 7.75% 297.60 0.00 297.60 Subtotals 0.00 4,137.60 0.00 0.00 4,137.60 Markup Labor @ 20% 1 0.00 0.00 Markup-Mat'Is @ 15% 620.64 620.64 Marku -Equip 15% 0.00 0.00 Markup ubs @ 5% 0.00 0.00 Subtotal 0.00 4, . 4 0.00 4,758. 4 Bond ----47'9 TOTAL 4,805.82 Gateway Pacific Contractors, Inc. REQUEST FOR INFORMATION No. 00029 8055 Freeport Blvd. Phone: 9161665-4100 Sacramento,CA 95832 Fax: 916/6654119 TITLE: Air Gap Structure Stability DATE:3/28/2005 PROJECT:Term.3 Reserv, San Juan Capistrano JOB: 4082 TO: Attn: Bill Seitz RBF Consulting 14725 Alton Parkway STARTED: Irvine, CA 92618 COMPLETED: Phone: 949/855-5785 Fax: 949/855-7050 REQUIRED: 4/4/2005 REQUEST: In response to RFI#28,precast manufacture Precon Products is unable to verify the stability of the structure considering the size and location of the knock-outs and believes verification should be done by the project engineer that specified the original structure. Engineer please verify the attached design. ANSWER: Based on recommendations from the precast manufacturer(Precon)the Air Gap Structure should be increased from 60-in to 84-in. The alignment of the 14-in Drain,as detailed in the contract documents,should not be changed(i.e. the alignment changes proposed in response to RFI#28 should not be implemented). Also,the Contractor shall provide a fiber reinforced plastic(FRP)grate in lieu of the aluminum grate called out in the contract documents. The FRP grating should be designed for 150 Ib/sqft loading, The Contractor shall modify Submittal 943A,as described above,and resubmit prior to ordering or manufacturing materials. Requested By:Gateway Pacific Contractors,Inc. Date: Signed: Gary Bechtel 0 Gateway Pacific Contractors, Inc. REQUEST FOR INFOPAIU.TION No. 00028 8055 Freeport Blvd. Phone: 916/665-4100 Sacramento,CA 95832 Fax: 916/665-4119 TITLE: Air Gap Structure DATE:3/11/2005 PROJECT:Term.3 Reserv, San Juan Capistrano JOB: 4082 TO: Attn: Bill Seitz RBF Consulting 14725 Alton Parkway STARTED: Irvine,CA 92618 COMPLETED: Phone: 949/855-5785 Fax: 949/855-7050 REQUIRED: 3/18/2005 REQUEST: Please refer to Submittal#43A Air Gap Structure Sectional shop drawing. It is of the opinion of the precast manufacture that the Air Gap Structure has become structurally unsound due to the close proximity of the knock outs for the 36"RCP [Pipe OD=44" Submittal#221 and 14" SDR 35 pipe and they are of the opinion this structure needs to be increased from 60" to 84". Please verify. ANSWER: The attached sketch shows the proposed realignment of a portion of the 14"Drain pipeline to provide sufficient clearance between the 14"Drain and the 36"RCP at the Air Gap Structure. Please verify the stability of the revised structure with the precast manufacturer. Requested By:Gateway Pacific Contractors,Inc. Date: Signed: Gary Bechtel rrr��►■ QUOTE C� P.O.BOX 2709 5lMI VALLEY CA 93061-2109-(805)-527-08H . QUOTE DATE: 4111@005 QUOTED BY: DAN QUOTE ID: 10059 MH CUSTOMER NAME: GATEWAY PACIFIC,SAC JOB NUMBER:5767 CONTACT: JAY HALL JOOTRLE: TERMINALS RESERVOIR 9056 FREEPORT LOCATION: 26661 MISSION HILLS OR SCACRAMENiO SAN JUAN CAPISTRANO CA 96832 TRACT: PHONE: (916)665.4100 CONTRACT O: PAX: (915)6654119 AGENCY: SHIPPINCTERMS: I FOBJOS SITE PRICE VALID UNTIL: 5/11/2006 PAYMENT TERMS: NET 30 GAYS APPROX.LEAD TIME: VERIFIED-UPON QUOTE DETAIL DESCRIPTION QUANTITY UNIT PRICE UNIT EXTENSION BY DIAMETER MANHOLE WITH ALUMINUM GRATING L I 58,400.00 �EAJ 56.400.00 24'CATCH BASIN WITH R-2560 02 GRATE 51,600.00 51,860.00 PLEASE CALL 1 WEEK PRIOR TO DELJVERY TO TOTAL 58,080.00 CONFIRM AVAILABILITY NOTES: PRICE INLCUDES 64"SHAFT WITH FLOOR,FIBERGLASS FRAME AND GRATE.DELIVERY AND CRANE SERVICE IF ACCESSIBLE. 20 CATCH BASIN INLCUOE PRECAST BASE 24'SHAFT,DELIVERY, CRANE SERVICE AND BEEHIVE GRATE. QUOTE INCUDES AND IS LIMITED BY ATTACHMENT*A' NON-TAXABLE -� CALL: SHANNON FOR SUBMITTAL(60.5)527.OSAI EXT 462 OR JACKIE TO SCHEDULE INSTALLATION(951)3580463. PRE-CON PRODUCTS IS A REGISTERED MINORITY BUSINESS CALTRANS DBE%CTOOO651 MBE CLEARING HOUSE O911SONO CONTRACTORS LIC.0 246029 1 HEREBY PLACE THIS ORDER AND AUTHORIZE PRECON TO MANUFACTURE OR CAUSE TO BE MANUFACTURED THE ABOVE MATERIALS AND ABIDE BY PRE-CON'S TERMS AND CONDITIONS. BY: PHONE: (805) 527-0841 FAX: (805) 584-0769 THIS QUOTE INCLUDES PRE-CON'S TERMS AND CONDITIONS. QUOTE r� PRCDucn P_0.9CX;i09 SIM)VALLEY CA 03062.2169-,g05)-527.0843 QUOTE LATE: 11210.'_'003 QUO'EO BY: D.Ar, QUOTE 10: ;0059 NH CUSTCNER NAME: GATE'.NA °AO°q.EAC JCB NUMBER.87E7 CONTACTAY TALL JOB TITLE'. T PRIANAL 1ceSEfi:14 865:FREEPORT A LOCATION: 2E861 MIS3:O11 HIL-3DR SCACRAME,NTO SAM.VAN C%,1S7RAt,C CA 95&32 TRACT' PHONE5161665-8100 CONTRACT#: FAX: SIS�665-41-9 NGE14C'i SHIPPING TERMS FOB JOB SITE PRICEVALIC UNTIL 15,2005 PAYMENT TERMS: W97 20 DAYS APPROX.LEAD TWE: b'ERIF ED UPON GRCER QUOTE DETAIL OESCP.'PTION QUANTITY UNIT PRICE UNIT EXTENSION EC"DIAMETER VANHO'_E'NRH ALUMINUV GRATING 1 S2.`6C.CC 52.6,1 CO "<4"CATCH BASIN WITH R-2E60 02 GRATE PLEASE CALL 1 WEEK PRIOR TO DELIVERY TO TOTAL $4 2-C ai', ' CONFIRM AVAILABILITY NCTES1 PRICE,NLCUDES EO"SHAFT WITH FLCOP..ALUMINIUM FRAME ANC GRATE.DELIVERY AMD CRANE iSERV,CE IF ACCESSI&E 24':ATCH BASIN INLCUDE PRE-C.AS7 BASE 24•SHAFT,DEUVERY, CRANE 'SER'JCELACBEEHIVEGRATE CLOTEegC.UDESANDISLI1d?EDBYA`AC�IOEk'"A' 5v8 6tIlT3auS k.t.✓LT �� I�PPWalcO �-Yl_LC(L 'fo NAJSJ F►iTJR.t. . NCtr,AXABL'c `.CALL PRE-CON PRODUCTS IS A REGISTERED MINORITY BUSINESS CALTRANS DEE 9CT0006S1 MBE CLEARING HOUSE 491150090 CONTRACTORS LIC.a 246528 1 HEREBY PLACE THIS ORDER AND AUTHORIZE PRECON TO MANUFACTURE OR CAUSE TO EE MANUFACTURED THE ABOVE MATERIALS AND ABIDE BY PRE-CON'S TERMS A CCNDITIONS Be _ PHONE: (805)527-0841 FAX: 8 584-0769 THIS QUOTE INCLUDES PRE-CON'S TERMS ANO:ON DITCNS. All t) CITY OF SAN JUAN CAPISTRANO REQUEST FOR INFORMATION CONTRACTOR Gateway Pacific RFI# 29 Requested By Gary Bechtel Directed to CDM Subject Air Gan Structure Date Received 3/29/05 Spec.Sections RF1#28 Date Transmitted 3/29/05 Drawing References Date Reply Received Date Reply Transmitted 4/01/05 INFORMATION NEEDED: In response to RFI #28, precast manufacture Precon Products is unable to verify the stability of the structure considering the size and location of the knock-outs and believes verification should be done by the project engineer that specified the original structure. Engineer please verify the attached design 3/29105 Gary Bechtel Vice President.Operations Manager Date Signature REPLY: Based on recommendations from the precast manufacturer(Precon)the Air Gap Structure should be increased from 60-in to 84-in. The alignment of the 14-in Drain, as detailed in the contract documents, should not be changed (i.e. the alignment changes proposed in response to RFI#28 should not be implemented). Also, the Contractor shall provide a fiber reinforced plastic (FRP)grate in lieu of the aluminum grate called out in the contract documents. The FRP grating should be designed for 150 Ib/sgft loading. The Contractor shall modify Submittal#43A, as described above, and resubmit prior to ordering or manufacturing materials. 4/01/05 Date Signi OUT City of San Juan Capistrano Terminal Reservoir No. 3 P VA]l5 5M lua OynsvwrldJv38 Cmizuu'uMVSWm,I1nIW.3 HFl+W FI tl019 Art CM sv FOI1ww�Jw: CITY OF SAN JUAN CAPISTRANO REQUEST FOR INFORMATION CONTRACTOR Gateway Pacific RFI# 28 Requested By Gary Bechtel Directed to CDM Subject Air Gap Structure Date Received 3/11/05 Spec.Sections Date Transmitted 3111105 Drawing References C-10. -14.-18.-19.-24 Date Reply Received Date Reply Transmitted 3/21/05 INFORMATION NEEDED: Please refer to Submittal#43A Air Gap Structure Sectional shop drawing. It is of the opinion of the precast manufacture that the Air Gap Structure has become structurally unsound due to the close proximity of the knock outs for the 36" RCP[Pipe OD=44" Submittal#22]and 14" SDR 35 pipe and they are of the opinion this structure needs to be increased from 60"to 84". Please verify. 3111105 Gary Bechtel Vice President,Operations Manager Date Signature REPLY: The attached sketch shows the proposed realignment of a portion of the 14"Drain pipeline to provide sufficient clearance between the 14"Drain and the 36" RCP at the Air Gap Structure. Please verify the stability of the revised structure with the precast manufacturer. 3/21/05 ? 'z Date SignatuW City of San Juan Capistrano Terminal Reservoir No. 3 vuosu-sn z,i.,c.pw.�mwoze cam�uvsaseeMii.iw s ay.wm roza nram s."u".� O DJ.IEW ,Joe Na coNrurED BY PROJECT DATE CHECKED DRE 3 i ` - DETAIL CHECKED BY RIDE N0. l 36hwvk VIC? s a Pk dt�sfa 14 „ 'DRA�ra f1iJ�,NwcyiT i 6o"D+A g c.� Aug Cy# N,rs. Proceed Order No.5 Terminal Reservoir No, 3 ¢i Ci of San Juan Cap Gateway Pacific contractors,Inc. JN 1G-ID3242 p . Y Date of Issuance: 05 May 2005, Thursday Effective Date: You are directed to proceed promptly with the following change(s): Description. Modify the completion acceptance date of the contract to allow for an additional twelve (10)working days- Basea on a 5 day work week, this will bean equivalent of fourteen{14)calendar days. This will bring the allowed contract completion date from 09 Sep 2006(c 23 September 2006 This a non-compensable extension of the co(tract to allow for delays of saturated sal caused by inclement weather This reflects at1 delays through 28 Apr 2005 Attachments. Request for additional trine dated 28 tar 2405 Method of determining change in Contract Pricey Method of determining change in Contract Times Unit Prices Contractor's records ._—.__........_._.Lump Sir m x Engineers records X Other Other Agreed increase in Contract Price02 Ay2_2006 Original(Date for Completion 54 OD tno dopa s}- NDN= ---14 Extension of Cvendar days t":s proceed order 38 Sx;enson et Calendar bags npprovea fo aaL If fire change involves an Increasethe rashmatted 23 Sep 2046 Revised Date for Completion arrtount rs rrot to be exceeded without rurmer, authorization r Prepared by 05 May 2005 Bill Seitz Construction Monagiqu RBt Consulting s• Reeonvnended. r" .a2" ' 9$tar Sallgado Wrote Manager San Juan Capistrano ` Approved t)y �. _______....._------- ...._._..,_....... _ __._....------- Amy Amirani, irector of Public Works,San Juan Capistrano We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree if this order is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified. and will accept as full payment therefore the prices shown above. By executing this proceed order, and subsequent change order, we the contractor agree to waive any right to additional compensation arising out of work included in this proceed order. including without limitation any claims relating to any cumulative effect of the proceed orders, delays, productivity impact or interruption A // ccepted: .ZiA lD L/D Gary A Bechtel Vice President. Gateway Pacific Contractors Inc :J.# t.T:ON", ;J—IX .. .,.o}.. o e , I x ..ti.. i .. .. GATEWAY PACIFIC CONTRACTORS, INC. FIDD RECE" R;j April 11, 2005 Mr. Bill Seitz RBF Consulting 14725 Alton Parkway Irvine, CA 92618 RE: City of San Juan Capistrano Terminal Reservoir No. 3 Wet Soil Delay Due to inclement weather conditions, Gateway Pacific was unable to perform work on ten scheduled working days. This request covers cumulative wet soil delays for March. In accordance with Section 7 of the Construction Contract, and Article 12.02 of the General Conditions, we request 10 scheduled working days be granted to extend the time for successful completion of this project. This will be a non- compensatory extension of time. This will move the final completion date from September 9, 2006 to September 24, 2006. Pease feel free to contact us If you should ha.e any qk-t Sincerely, Jay 14d Project Manager cc: File, Gary A. Bechtel, Tim Brown 8055 Freeport Boulevard,Sacramento,Cailtorma 95832.9715.(918)6664190-(916)665-4119 FAX -- — - Proceed Order No.6J" Terminal Reservoir No. 3 U ON o,utj ING City of San Joan Cap. Gateway Pacific Contractors,Inc. JN 10-10324' i Date of Issuance: 01 Jul 2005. Fnday Effective Date: You are directed to proceed promptly with the following char is}: Description Based an recommendation from CDM, Install hydrogen dilution blower in the chlorammation building. Attachments: Proposed Cost adjustment from GPC dated 24 Jun 2005 Email dated 16 Sep 2004 train Steve Speakman re Hypoch orate Storage Tank Ventilation Method of determining change in Contract Price: Method of determ ring change in Contract Times: Unit Prices Contractor's records X Lurnp Surn Engineer's records Other NrA Other Agreed increase in Contract Price: No increase in Contract Time $525.00 If the change irwotves.an increase the estimated arnount is not to no exceeded vrithorrt tutther authonzailon. Prepared by _ 05 Jul 2005 Bill Sari Zd6�, ' r, RBF Consulting Recommended: .�'{'eir Beject Manager, San Juan Capistrano Approved by _ _. Amy Amirani.iPirector of Public Narks, San Juan Capistrano We, the undersigned contractor_ have given careful consideration to the change proposed and hereby agree_ if this order is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specifiedand will accept as fuel payment therefore the prices shown above. By executing this proceed order. and subsequent change order, we the contractor agree to waive any right to additional compensation arising out of work Included in this proceed order, including without limitation. any cairns relating to any cumulative effect of the proceed orders, delays productivity Impact or interrupt on. Accented. Gary A. Bechtel. Vice President,Gateway Pacdic Conhac:ars. Inc GATEWAY PACIFIC CONTRACTORS, INC. D ftCEll JUN 2 7 2005 June 24, 2005 JiJN 2 2005 RBF CONSULTING WCj 0 JNp ] CONSTRUCTIONAIANAGFMFNT Mr. Bill Seitz +��vv RBF Consulting 14725 Alton Parkway Irvine, CA 92618 RE: City of San Juan Capistrano Terminal Reservoir No. 3 PCO#6— Hydrogen Dilution Blower Attached please find backup for the costs associated with PCO #6 — Hydrogen Dilution Blower. The total cost to the project is $525.00. Following your review, please process a change order to Gateway Pacific. If any further questions arise, please contact me. Sincerely, JJaall Project Manager cc: File, Gary Bechtel, Tim Brown 6055 Freeport Boubvare,Swromento,Calfomla 95832-9716•(916)ON4100•(916)665.4119 FAX Terminal Reservoir No.3 City of San Juan Capistrano PCO No.6 Description of Work:Hydrogen Dilution Blower Unit Unit Unit TOTAL cription Qty Units ost Labor --Cost Material oat u p SIC Severn Trent ClorTec 1 LS 500.00 500.00 0.00 0.00 Subtotals 0.00 0.00 500.00 5 .00 ales Tax 7.75% 0. Subtotals 0.00 0.00 5 0.00 .00 a up a r 10% .00 0.00 Ma up- at s 10°/, 0.00 0.00 Markup- Equip @ 1 .00 Markup ubs o 25001 5uototal 0.00 TOTAL 525.00 i � ' ounaxnun raadw4n February 28 2005 Gary A.Bechtel Vice President,Operations Manager Gateway Pacific Contractors,Inc Re:San Juan Capistrano Submittal Response Dear Gary, The following is being provided in order to help shed light on topics that were raised during our re-submittals for the above mentioned project. Regarding the change order for the addition of a hydrogen dilution blower please find the following mel breakout Desc. Unit Cost Hydrogen dilution Blower $80.00 Hydrogen dilution blower current sensor and relay inside panel $100.00 Air flow and pressure differential sensors $70.00 Addittonal Tank fittings for the air inlet and WM $50.00 PLC prograntnting changes to allow for the addition of sensor $100.00 HMI programirning changes to allow for the above changes $100.00 Total Sum for the above changes $500.00 With regards to the requirement for seismic calculations on the reservoir management mast assembly please find the attached seismic calculations that were done by a professional engineer on a similar project. Please be aware that the seismic calculations Indicate the possibility of mast falure re in an event of a 6.5 magnitude earth quake. Severn Trent Services ClorTec has approached this requirement in one of two ways,the first is we simply install the device as is and allow it to possibly fail in event of a quake and replace the mast if needed,and the second is what has lead to the development of a free standing submersible assembly which no longer requires a mast assembly,however the device has a larger footprint so it will does require a larger roof I access hatch. Attached you will find information on our paferdad he floating Reservoir Management System(RMS)it should also be noted that Severn Trent Services ClorTec is willing to provide this device in lieu of the mast assembly without any additional charges to the owner. We look forward to finalizing the submittal process on the project so please feel free to contact me with your questions and or comments. Swam Trent Saris•1129 OeY Avenue•Cmpbdt CA 95008•Tel 400 871 1300.000 5246542 Fax 4088711314•av¢awn6anaaeiwamm I ® PmdLM Sincerely, Ali GO Bue nese Manager Severn Trent Water Punfigdon Ina - - Sry Tmt$mMm•1179 DW Av -Cm OK CA 95008•Tel 40Be711300.8005246502 Fa 4088711314•m srm 6m*mncearom i ' i Proceed Order No.7WF -` Terminal Reservoir No. 3 9 F 1 co H_uv1rv� I City of San Juan Cap. Gateway Pacific contractors,Inc. JN:10-1032421 `\(_ Date of Issuance: 01 Sep 2005, Thursday Effective Date: You are directed to proceed promptly with the following change{s): Description: Based on plans signed by John Newby of CDM dated 30 Aug 2005.Contractor is directed to complete work. Gateway Pacific is to submit a separate request for additional days for time separately. Attachments: 2005 08 30 Caisson and Raker Drawing CDM 30 Aug 2005 2005 09 01 Calex Breakdown 2005 09 01 GPC Breakdown Method of deiem fining change in Contract Price: Method of determining change in Contract Times: Unit Prices Contractor's records X Lump Sum-not to exceed Engineer's records Other x Other(to be supplied) Agreed increase In Contract Price: S 160.631.28 If the change involves an increase, the estimated amount is not to be exceeded without further authonzahoo, Prepared by: - - 01 Sep 2005 611f-7Seuz,Cc r It Manager onsulting Recommended: _ ? er�61gad Plot t M San Capistrano Approved by: / � Amy Amirani,Director of Public IArlks,San Juan Capistrano jrol We the underslgneo contractor, have given careful consideration to the change proposed and hereby agree,if this order is approved. that we will provide all equ!pri furnish all materials; except as may otherwise be noted aboveand perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. By executing this proceed order, and subsequent change order,we the contractor agree to waive any right to additional compensation arising out of work included in this proceed orderincluding without limitation, any ciaims relating to any cumulative effect of the proceed orders,delays, productivity impact or Interruption. Accepted: _(u.r,. _ ,tty. I �f t/ 0,5 Gary A. Bechtel,Vice President,Gateway Pacific Contractors, Inc. ^.�z toal�Mm:kV31c�-Rif^✓'[3;42,,,,18 p CCoci1200.09010 7x12]7 _i SO-1Q5'r ' GATEWAY PACIFIC CONTRACTORS, INC. December 8, 2005 I Mr. Bill Seitz RBF Consulting 14725 Alton Parkway Irvine, CA 92818 RE: City of San Juan Capistrano Terminal Reservoir No. 3 PCO #.7— Raker Installation Dear Mr. Seitz: Per your direction, Gateway Pacific Contractors, Inc. has completed the installation of the additional caissons and rakers. This work was completed in September/ October. Please issue a change order for One hundred eighty three thousand seven hundred fifty-five dollars and twenty-three cents, ($ 183,755.23). This work delayed our work by 30 calendar days. I Please contact us if you should have any questions regarding this PCO. 'ncerely, J Il Project Manager cc: File, Gary A. Bechtel, Tim Brown 8065 Freeport Boulevard,Sacramento,California 95882.9716+(916)8634190•(916)865.4119 FAX Terminal Reservoir No.3 City of San Juan Capistrano PCO No.8 Description of Work, Installation of Caisson and Raker System Unit Unit Unit TOTAL Description Qty Units Cost Labor Cost Material Cost Equip sic Supervisor 136 hrs 82.00 11,152.00 11,152.00 Operator 40 hrs 63.95 2,558.00 2,558.00 hrs 0.00 0.00 Road Repair 1 Is 1,500.00 1,500.00 Excavator 5 day 5,000.00 5,000.00 Calex 1 Is 113,468.25 113,468.25 Coat Beams Laborer 64 hr 48.93 3,131.52 3,131.52 Carboline 16 gal 52.35 837.60 837.60 Rollers 1 Is 97.85 97.85 97.85 Encase Beams w/Rock Operator 20 hr 63.95 1,279.00 1,279.00 3/4"Crushed Rock ### in 26.52 27,846.00 27,846.00 Backhoe 3 dy 265.00 795.00 795.00 Subtotals 18,120.52 28,781.45 5,795.00 114,968.25 167,665.22 Sales Tax @ 7.75% 1 2,230.56 449.11 2,679.67 Subtotals 18,120.52 31,012.01 6,244.11 114,968.25 170,344 Markup Labor @ 20% 3,624.10 3,624.10 Markup-Malls @ 15% 3,101.20 3,101.20 Markup-Equip @ 15% 936.62 936.62 Markup Subs @ 5% 5,748.41 5,748.41 Subtotal 21,744.62 34,113.21 7,180.73 120,716.66 183,755.23 TOTAL 183,755.23 I I I Terminal Reservoir No.3 City of San Juan Capistrano PCO No.8 Description of Work: Installation of Caisson and Raker System Unit Unit Unit TOTAL Description 1-9ty Units Cost Labor Cost Material Cost Equip SIC Supervisor 60 hrs 82.00 6,560.00 6,560.00 Operator 40 hrs 63.95 2,558.00 2,558.00 Gradesetter 40 hrs 63.95 2,558.00 2,558.00 hrs 0.00 0.00 hrs 0.00 0.00 Road Repair 1 Is 1,500.00 1,500.00 Excavator 5 day ###N" 5,625.00 5,625.00 Calex 1 Is 131,500.00 131,500.00 Subtotals 11,676.00 0.00 5,625.00 133,000.00 150,301.00 Sales Tax @ 7.75% 0.00 435.94 435.94 Subtotals 11,676.00 0.00 6,060.94 133,000.00 150,736.94 Markup Labor @ 20% 2,335.20 2,335.20 Markup-Malls @ 15% 0.00 0.00 Markup-Equip @ 15% 909.14 909.14 Markup Subs @ 5% 6,650.00 6,650.00 Subtotal 14,011.20 0.00 6,970.08 139,650.00 160,631.28 TOTALI 160,631.28 CALEX ENGINEERING JOB: 204-705 TERMINAL RESERVOIR#3-SAN JUAN CAPISTRANO CAISSON AND RAKER SYSTEM-COST BREAKDOWN ITEM QTY UNIT $/UNIT TOTAL COST DESCRIPTION Move in Drill Rig, Crane, Loader, Support Material,Welding Equipment, and • Mobilization 1 LS $ 6,250.00 Unloading of Beams Purchase Beam Material 51000 LBS $ 0.42 $ 21,650.00 See Attached Quote From Mac Steel Includes 35% Overbreak based on Purchase High Early Concrete 190 CY $ 110.00 $ 20,900.00 previous drilling experience Equipment&Labor Only-See Attached Drill/Install Caissons 10 EA $3,263.00 $ 32,630.00 Breakdown (7 Man Crew) Raker Material (Beams Only) 28275 LBS $ 0.40 $ 11,425.00 See Attached Quote From Mac Steel Chip Concrete From Face of Soldier Beams 10 EA $ 309.60 $ 3,096.00 Equipment& Labor Only-See Attached Han /Weld Raker In place 10 EA $1,792.00 $ 17,920.00 Equipment& Labor Only-See Attached Misc. Steel Material for Rakers 1150 LBS $ 0.42 $ 483.00 Plates& Misc Steel For Raker Connections SUB TOTAL $ 114,354.00 15% Markupl $ 17,153.10 TOTAL 131,500.00 • CALEX ENGINEERING JOB: 204-70S TERMINAL RESERVOIR#3-SAN JUAN CAPISTRANO CAISSON AND RAKER SYSTEM-BEAM MATERIAL(Revised) Qty Length Total Weight Unit Cost 7.75%Tax Total Beam Material Beam Shape (Each) Feet (LBS) /CWT /CWT ($/CWT) TOTAL • Orginal Estimated Beam Weight(Per Email) W 16 X 86 10 30 25,800.00 36.9 $ 2.86 $ 39.76 $ 10,258.02 Final Design W 36 X 170 10 30 51,000.00 39.4 $ 3.05 $ 42.45 $ 21,651.29 Raker Material Beam Delta $ 11,393.27 Orginal Estimated Beam Weight(Per Email) W 16 X 86 10 30 25,800.00 36.9 $ 2.86 $ 39.76 $ 10,258.02 Final Design W 12 X 87 10 32.5 28,275.00 37.5 $ 2.91 $ 40.41 $ 11,424.87 Raker Delta $ 1,166.85 SubTotal Additional Cost $ 12,560.12 15%Overhead&Markup $ 1,884.02 Total Additional Cost $ 14,444.14 Orginal Quote $117,000.00 Revised Quote S 13i 444.14 • i -3:17 2099433229 MACSTEEL PAGE 01/02 Q UO T AT I CN No: RFN WS- 17374 Quoted By: MACSTEEL SERVICE CENTERS USA FES-ZRN DIVISION - FONTANA 8432 ALMERIA AVENUE FONTANA, CA 92335 Tei: 909-355-3020 Fax: 909-365-7070 :;C-ed Tot (206070) Quoted Sh: p To: (000) ...n ENGINEERING CO CALFX ENGINEERING CO '.��: PINE STREET TRA \%WY..ALL CA 9:321 SAN JUAN CAPISTRANO CA Quote No: RFN-WS- 17374 Quoted : 31Aug05 Due: ra.s : NET 60 DAYS Via : MISC FAT 3?` : SAN j&VN F.O.B. : :e=ease Freight: INCLUDED '-speren: JAMES FRANCOVICN Contact: ESTIMATING FAX ... 661-259-9183 Q-U OST AQI 1 0 N ` :'.4R MAY BE DIFFERENT THAN SHOWN PLEASE CHECK AND AWUST AS NEEDED --s.:.SE NOTE NO STOCK ON 11x67, OR 12x87 ALTS OFFERED 14x82, ;.6x77 - `" ttLEASE LET ME KNOW WHICH ONE'S YOU WILL NEED .____ __________________________________________________________________________ ` W'_DE FLANGE BEAM ASTM A99Z 10 PCs 16 x 67 X 60' 40200 LBS ++»»»+++»+www NO STOCK ON THIS STEM •+w»»»»»+++xxx+»»++»x»»»»»++++»»» ---Descrintion--- ---Quantity--- UM ---Price--- UM ---Amount--- MATERIAL 40,200 LBS 0 36.9000 CLS E 14,833.80 ------------------------------------------—----------------------------------- WInE FLANGE BEAM ASTM A992 10 PCs 12 x 87 X 60' 52200 LBS »++++++x»»»»»w NO STOCK ON THIS ITEM +++++»»+»+»++w»»»w++++w»»»»+++»»+ww+x ---DasCription--- ---Quantity--- UM ---Price--- UM ---AmOUnt--- MATERIAL 52,200 LBS 0+ 37.5000 CLB E 19,575.00 _________________________________________________________________________________ LANGE BEAM ASTM A992 3 Pcs .. 2 X 35' 8610 LBS -. e3cription--- ---Quantity---- UM ---Price--- UM ---Amount--- 1YY1_ER:AL 8,610 LES R 36.9000 CLH E 3,177.09 .._______________________________________________________________________________ > W:DE FLANGE; BEAM ASTM A992 1 PCs _4 x 82 X 40' 3280 L735 ---Description--- ---Quantity--- UM ---Price--- UM ---Amount--- MATERTAL 3,280 LB5 0 36.9000 CLB E 1,210.32 ..-------------------------------..----------------------------------------------- ..: n"�? FLANGE BEAM ASTM A992 8 PCs 14 x 82 X 45' 29520 LBS --Description--- ---Quantity--- UM ---Price--- UM ---Amount--- MAT';RIAL 24,520 LBS E 36.9000 CLE E 10,892.88 --------------------- ---------------------------------------------------------- " "Wirt FLANGE REAM ASTM A992 1 PCs X 30' 2310 LBS --- ---Quantity--- UM ---Price--- UM ---Amount-- . -=i;AL - 2,310 LBS 0 36.9000 CU E E52.39 =aoe: 1 . . . .Continued Z"--/2905 10:17 2099433229 MACSTEEL PAGE 02/02 Quoted Ey: Q U O T A T I O N No: RFN WS- 17374 MACSTEEL SERVICE CENTERS USA WESTERN DIVISION - FONTANA °^"?2 ALMERIA AVENUE -^ -7`ra, CA 92335 909-355-3020 Fax: 909-355-7 070 Quoted To: (206070) Quoted Ship TO: (000) CALEX ENGINEERING CO CALEX ENGINEERING CO ax : 661-259-9183 U O TRA Tn hO N -----------------------------_______--------------______________________________ '2 WTO$ FLANGE BEAM ASTM. A992 9 Pre 16 x 77 X 40' 27720 LES ---Description--- ---Quantity--- UM ---Price--- UM ---Amount--- MATERIAL 21,120 LES 36.9060 CLB E 10,226.68 __ ______________________________________________________________________________ 'i•.^�' FLANGE BEAM ASTM A992 4 PCs -7 ;X 40' 12320 LBS -- _scription--- ---Quantity--- UM ---Price--- UM ---Amount--- nrIAL 12,320 LES a 36.9000 CLB E 4,546.D8 --..------------------- — ------------------------------------ ------------------- R'OE FLANGE BEAM ASTM A992 3 PCs 35 x 170 X 60' 30600 LBS ---Description--- ---Quantity--- UM ---Price--- UM ---Amount--- Y:ATERIAL 30,600 LBS R 39.4000 CLS E 12,056,40 -------------------------------------------------------------------------------- 15 WIDE FLANGE BEAM ASTM A992 2 PCs 36 x 170 X 65' 22100 LES ---Description--- ---Quantity--- UM ---Price--- UM ---Amourt.--- MATERIAL 22,100 LES Cr 39,4000 CLB E 8,701.40 ----------------------------------------------------------..--_- ^5ET REPORTS REQUIRED WITH MATERIAL. "�!WPER MUST BE CLEARLY MARKED ON EACH PIECE :'acsteel standard terms and conditions ,- .macst eeluss.com/termsandcondit ions ) shall apply to this agreement unless et:ierwise agreed to in writing by both parties. Order Totals: 10 Items 228860 LBS Material. Processing Freight Other Taxes ORDER AMT 86,080.04 7110:.57 93,181.61 '.'axes= 04 5,164.79 04037 215.20 04337 860.79 04637 860.79 Page: 2 Last Bid No.: 204-70S Project: TR#3 -Additional Caissons W/ Rakers CAISSONS WITH BEAMS 20150 - DRILL. SET AND POUR BEAMS LABOR Daily Hourly Total Descri tion No. Hours Rate Dailv Rate Foreman 1.001 8.00 1 $ 63.00 $ 504.00 Laborer 2.0016.00 $ 44.00 $ 704.00 Operator 3.00 24.00 $ 57.00 $ 1,368.00 Oiler 1.00 8.00 1 $ 57.00 $ 456.00 Daily Straight Time Labor $ 3,032.00 /Day Daily Manhours 56.00 Avg. Hourly Rate $ 54.14 Average Hourly Overtime RateU$ 613t 09 Per Hour Overtime Use Factor0% Daily Overtime Hours40 Manhours Daily Overtime Labor /Day EQUIPMENT Daily Hourly Total Description No. Hours Rate Daily Rate Soil Mec 312/200 1.00 8.00 $ 200.00 $ 1,600.00 RT Crane 1.00 8.00 $ 75.00 $ 600.00 Wheel Loader 1.00 8.00 $ 85.00 $ 680.00 Schwing 1000 WPX Pump 1.00 8.00 $ 65.00 $ 520.00 Daily Equipment $ 2,880.00 /Day Daily Crew Rate $ 6,525.98 /Day Production Rate 2.0 BEAMS/DAY Drill and Install Beam Labor and Equipment Unit Cost[-$--3-,-2-62-.-9-fl/BEAM Or $ 108.77 /LF Beam Quantityl 10 1 Each Orl 300 LF Duration 5.00 Days Labor and Equipment Cost $ 32,630 Bid No.: 204-70S Project: TR#3 -Additional Caissons W/ Rakers CHIP CONCRETE FOR RAKER INSTALL LABOR Daily Hourly Total Descri tion No. Hours Rate D4!1y Rate Foreman $ 62.00 $ - Laborer 2.00 1 16.00 1 $ 47.00 $ 752.00 Daily Straight Time Labor $ 752.00 /Day Daily Manhours 16.00 Avg. Hourly Rate $ 47.00 Average Hourly Overtime Rate $ 63.45 Per Hour Overtime Use Factor 0.0% Daily Overtime Hours - Manhours Daily Overtime Labor $ /Day EQUIPMENT Daily Hourly Total Descri tion No. Hours Rate Daily Rate Air Compressor 1.00 8.00 $ 20.00 1 $ 160.00 Chi in Guns w/Hose 1 1.00 8.00 1 $ 15.00 1 $ 120.00 Daily Equipment L$ 280.00 IlDay Daily Crew Rate $ 1,032.00 /Day Duration 3.00 Days TOTAL CONCRETE CHIPPING COST • Bid No.: 204-70S Project: TR#3 -Additional Caissons WI Rakers 20350 - RAKERS 20352 - HANGING LABOR AND EQUIPMENT LABOR Daily Hourly Total Descri tion No. Hours Rate Dady Rate Foreman w/Truck 1.00 8.00 $ 63.00 $ 504.00 Laborer 2.00 16.00 $ 44.00 $ 704.00 Operator 1.00 8.00 $ 57.00 $ 456.00 Welders 1.00 8.00 $ 45.00 $ 360.00 Daily Straight Time Labor $ 2,024.00 /Day Daily Manhours 40.00 Avg. Hourly Rate $ 50.60 EQUIPMENT Daily Hourly Total Description No. Hours Rate Q&y Rate RT Crane 1.00 8.00 $ 75.00 $ 600.00 Wheel Loader 1.00 8.00 $ 85.00 $ MIDay Weld Truck 1.00 8.00 $ 35.00 $ Daily Equipment $ Daily Crew Rate $ 3,584.00 /Day Production Rate 2.0 RAKERS/DAY 20.000 MH/RAKER Hanging Labor and Equipment Unit Cost $ 1,792.00 /RAKER Raker Quantity 10 Each Duration 5.00 Days 20352 - HANGING COSTS $ 17,920 Aug 31 OS 03:50P Sam La Fata 714-96S-1912 P. 1 STANDARD CONCRETE PRODUCTS, INC. PH: (714) 245-1550 P.O. BOX 15326, SANTA ANA, CA 92735-5326 FX: (714)245-2970 1-goo-CONCRETE Order Desk: (877) 713-1555 CUMMr: CALEX ENGINEERING CO oleo SL2084 Quote Expiration Date AM: STEVEN LAPSLEY Nis 8-31-05 lteledNjo; TERMINAL RES,t&3 rMIMA "rem SAN JUAN CAPISTRANO,SAN JUAN CAPISTRANO,CA INIR N lege Start Nate leo# Cuss# ptaat# 1300 469 56 Due to a potential Fly Ash Shortage,you are being quota for both Fry Ash 8 Sbaigm Cement Mims MIMINescln�pt in — Price/if _- 1100 5.0 SK BASE US _ $69.00 V 7/1/05 $3.00 357 2500 28 DAYS $69.00 1928 NIS-1.5 SACK $60.25 I I80-AVS 3000 @ 3 DAYS AD 8-31A5 $99.00 Price Increase Date Jan 1.2006 Pdce Increase per Yard $5.00 Good thru 6/31M Price Increase Date July 1 2006 Price Increase per Yard_1 $3.00 Final Valid To Date"12131106 7 Additional charges will apply if project goes beyond final valid to dabs". This quotation will be honored as quoted if accepted in writing within 30 days of date of quotation. Orders placed on this project constitute acceptance of this agreement AO concrete prices quoted are PLUS applicable sales tax. int Note:For each additional sack up$ 6.00 will be added to base price and down,52.50 will be deducted. WOO __.J Environmental Compliance Fee of$20.00 Per load cads be charged for an toads regardless of sire, eloo-11 Fuel Surcharge of$10.00 per load will be charged for all loads regardless of she. X0 00 Enviroguard Use charges:$75.00-<50 yds;$150.00-51-100 yds;$200.00-101-300 yds,$300.00-301-500 yds$500.00-510-700 yds;for pours of 701 yartls or more,the price will be detefmined- A Wash-Out Fee of 525.00 per bad wit be charged for an loads of colored co ncreta regardless of sba. Shod Loads'Above unit prices are basad on deliveries of 10 cubic yards or greater On deliveries of less than 10 cubic yards adddamal charges warp appy per current price let. One short load per order par day will be allowed on orders of 1 full loads w more. Standup Time:This schedule allows 4 minutes per cubic yard wat"unloadirg time. Additional time will be charged at a rate of$2.00 per minute .Standing time will be billed based on times written on our copies of the tickets. Operating Hours: Weekdays6'00 am.to 3:00 p.m.-From 3:00 p.m 10 6:00 con,add$5 00 per yard-Saturday add 55.00 per yard from 6:00 a.m.to 1:00 p-m. Please contact our offices conosming off hours delivery cost. These terms are subject to Mange without further miles. Prices quoted are based on general information and mixes comply with the minimum standards of lout applicable code. Compliance with construction codes,including but not limited to,type of cement,size of aggregate,temperature of concrete,soil conditions and/or strength of concrete is the respunsibimy of buyer. Mix designs requinrg additional materials will be charged at prevailing rate.Concrete to be provided at prevailing ambient temperature,additional charges apply for heating and cooling of concrete. The quotation is NOT BID per plans and sp001finatens unless omewdse noted. Exact prices may charge based on material spe mations, laboratory designed mixes, watencemem rata requirements, shrinkage requirements, admixtures, colors, fifers and minknum cement contents. Orders are taken with the intent to dekuer concrete In a timely mapper. Thele Is no guarantee as to the rate of delivery and no liabolly on the part of the seller for cost&incurred by the buyer due to delays. Additional charges may apply to advanced orders canceled after 2:00 p.m.the day prior to scheduled delivery. A fmance charge of 1.0%per month win be applied to Oil balances riot paid In fun on or before the last day of the month due. Stw"rY somata PrnIUMS,INC Accomen cmSheet: I—of 1_ Client I project: San Juan Capistrano l Terminal aaeendor No.3 Protea Number: 20515N29 - - - - - - - Subject: Calmon add Raker supplemental Sui For Fact Wall Prepared By: JEN Date: OWN,2006 Comments: TYpi.lSecdon(I)E201E21 Checked ByDate: '3 3 OX- - T--IcallExistlha Tlebaeks lE20I E211 Install 10 caisson and raker systems as shown at location of T."ick No I-mole;20°;146-M.1;23' no - -- -- - riedack Nos-Z1 Ok;20°;125 Mal,24'bona Soldier Pilespacity oughsho E25 - - - Tlaeae N,3-215k,25•:94'mal,25'bond - - - - - _ — — Note:Design capacity=225 kips horizontal each — TM68ck No.4-225k',25°;Tf ental;28'bend Raker: _ -30-foot d weld t 50 and steel beam(minimum)installed in trench(31-foot for E-i6&E-17) -Trim and weld to oidier beam n at El detail by for E-1 6m) -Trim and weld to soldier pile been at EI.401(El.4N for E-16 8 E-i T)(connection detail by conima0r) Caisson: 2300 - UO-- "T"fooldeep,48-mo,diameter bole -30-bWW 170Wksistmil am(oreual)w 11 jntlipro jeWion - ----- -Stuctural conaete per Smafiotion Section 02400 - 400.. Sub mde El a92.5 -_ — __..— Projected basal claybed zone -- — --'--' EI.385 to 38T @ wall:T slope ' 380 E INV °e p Via W clutE°a'� Bottom of Caisson EI.3625 �', City of San Juan Capistrano Terminal Reservoir No. 3 Response to Request for Information RFI No. : 040 Comments: Raker Connection Details—APPROVED AS NOTED 1. The suggested W 16x89 steel raker beam is acceptable. 2. Connection Details require stamp and signature of Structural or Professional Engineer licensed in California, either on the detail sketches or on certification indicating the details have been designed and checked. 3. Add note that all welds will require special inspection and approval. 4. Connection @ Soldier Beam. . In addition to top&bottom of flanges,weld both sides of raker beam web to plate for a more"positive" connection for the vertical loads induced at the connection. . Also provide limit of concrete removal at soldier beam to allow sufficient area for welder to perform quality weld at bottom of bottom flange. 5. Connection @ Caisson. . Top of new caissons will be same elevation as top of sub grade soil. . Welder may not be able to provide quality weld of bottom flange to plate w/only 1-in clearance. . In addition to top &bottom of flanges, weld both sides of raker beam web to plate for a more "positive' connection to the vertical loads induced at the connection. 6. Distances of caissons to soldier beam may vary @ each location. Connection details do not allow any adjustment for incorrect cut lengths and angles of the inclined W 16x89 raker. Consider what field corrections can be made prior to construction. Submitted by: W F7bR ABE Date: 09/08/05 P920515.Sen Juan CapistranoWMS Constm0tlon\9Submttal\e.3 RFls\RFI#"0 Rasponse.do Page 1 of I GALE)( 70 TERrv� rfl RESERVo„e Got�NcGTrt�N � GAtisscart ry rs r -mP Y vtaG'frf ,T,% v✓44�x �.}-sG�-rte. � 'tr�ra• n� .��, �...�.n ,�•� c t�.axe� �i 5,p�s yz 1 f„ 1 i let” a i I i A S..a . roa A-A Gitcx 6N4,4aF t4(q zoq-70„g TE�r-i:f,A� RsSBRtlo�K +1 f i i k) 1$'C'17 3sYkn� ��- Iz"X19 rK <r7 Puiro ? ' 74P4 LL l „ G()hih'�4"•c;l�� .moi .'$c9461ER �j rn,,� . NtT.S CLIENT � fC'NO JOBNO. COMPUTEDBV cm PROJECT �F��M�N�`� �`�FL.�� ?7 DATE CHECKED DATE DETAIL _ �'1''C4R- l�M S CHECKED BV PAGE NO. I/ 3 (p/N�6�f- N6fG5; I. rIro v1�'7 OaffjorL -(o koma KJ<IMUM " 0Yi �lil� wtctrolN *kW_ 06W. f, lrAw5 G�ryT1 IGS �'I;2s ca�+�a2MINc � � F SfitmO AG — vll&'�-U,Ir2, Aw$- Dl,t (�, �.Ny �I��b MB DI�IG6�(lo*IS (� coriFlCiG'(le^t P�if��S Suc-H vS Agpi 14 4 sN I M rw-lo.s 5-H6-LL Id's 'l--�GoYta�v wp ( -ovaul -co T C„ /N(Yrv"q'oN - q/' 01rl, 'owilmeolf- role- w,vlvw ,�Np ArrrRoVb,L QROFESS/0 ; , 9 3 � q�OF CAUVY'� DOM5 CLIENT �J IAarS GrMI Y(RO�-+o JOB NO. eV --4AV* COMPUTED BYcm PROJECT � I n"'� P-�>V•2/ '� DATE CHECKED DATE 611 It o 9 DETAIL `F�Vr " '��/h CHECKED BY PAGE NO. `Z! �iMB�i ti9uG - - Wo Di=KAa'G{M�1 w I"-:� roe wry"15 a&. L6 CDM 3�6 I WIbX�I �y Icf.L � I ( �Ib I � I I �fOWIYr'(L�'i6�"I (pNN�loNf�jyyL I r I I i I CDM5 CLIENT 7�7"`�"" G/�PINYyi-nF0 JOBNO. �bO �' COMPUTEDBV cm PROJECT DATE CHECKED DATE qZ!1 DETAIL CHECKED BY PAGE NO. 3/al yA ft,�A l"ew y-vi y. . Toro i 11I � r ,r✓16X�1 Iq , Inl (I � I � l�1SSr9H ��dM u�F.Iti+�jG'(loN v(i'�I. CDM 5 16" 4" BEARING PLATE N N vl -11 1/4 • A SOLDIER BEAM TOP & A - A BOTT. 1/2 1/4 4" STIFF R EA. SIDE OF WEB A 12"0 STD PIPE RAKER 4" TOP RAKER CONNECTION ® SOLDIER BEAM LH- cm Sheet: of Client l Projad: Sam Jmn Capistrano l Tarsal aeserymr No.3 Project Number: _ SubfaQ: EastWtllse"lanat EmE31"hutemisuppeNOptions Preparl JEN Date091362005 Comments: Checked By: Dale: 140 -- -- _"" --- --- Tra-Back No 1-2001;20°;10'balal;20'bord - Ground surface Te-Back No.2-210k,2o°',125-total l 24'bond _ assumed for design meBook No]-215k,25°;94 Well 25'band 7i Eack im 4-Mk125°;17'taI l2ti'bona UPPm sand seam veservm - Upper daybad small � 420 Metals,send a son obsmyea Mksbpe claybea obseryea 410 30-foot long steel tube/beam @—14°angle Mlaampe sane layer observed Tank Floating 400 3925 Current projected basal claybed zon Elev.385 to 387 @wall;5y slope _. _. 390 — .._..— ! ovrer sand seampr0leaietl hots obry seations ---"— ' —„_.._-._- _- '---- ._.._.. Basal alar bee maeaaea bots nem pbservmians Seo _.._..__—._.._-_ Proposed Te-Back all-225k;2S;65'road;26 bond 30footdeep,48-inch diameter caisson 370 -— with steel beam - - 362s GATEWAY PACIFIC CONTRACTORS, INC. December 8, 2005 Mr. Bill Seitz RBF Consulting 14725 Alton Parkway Irvine, CA 92618 RE: City of San Juan Capistrano Terminal Reservoir No. 3 PCO # 8—Storm Drain Revision Dear Mr. Seitz: Per your direction, Gateway Pacific Contractors, Inc. has completed the cost for the Storm drain revision plan, dated July 5, 2005, t have prepared additional cost analysis using 1 'BPE pipe instead of the designated C900 pipe. isa+z35" Gateway will install the additional four hundred lineal feet of 18" sdr35 and upgrade the designed 14" sdr 35 drain line for the extra cost of Fifty-five thousand one hundred ninety dollars and eighty-four cents, ($ 55,190.84). Gateway is also requesting a contract time extention of 14 days for this work. Please contact us if you should have any questions regarding this PCO. ince J y Hall Project Manager cc: File, Gary A. Bechtel, Tim Brown 6666 Freeport Boulevard,Saommento,CalNemia 96982-9716•(916)6964100•(916)666.4119 FAX Terminal Reservoir No.3 City of San Juan Capistrano PCO No. 7 Descriotion of Work: Storm Drain Revision 18"SDR 35 Unit Unit Unit TOTAL Description City Units Cost Labor Cost Material Cost Equip S/C Laborer(2 ea) 120 hrs 46.95 5,634.00 5,634.00 Operator 64 hrs 64.90 4,153.60 4,153.60 0.00 0.00 Excavator Rental 2 wk 2,500.00 5,000.00 5,000.00 Shoring Rental 1 wk 2,000.00 2,000.00 2,000.00 0.00 0.00 Concrete Coltar 3 cy 200.00 600.00 600.00 0.00 48"Manhole 1 ea 2,650.00 2,650.00 2,650.00 \ 0.00 24"PVC SDR-35 80 If 36.98 2,958A0 2,958.40 18"PVC SDR 35 820 If 20.95 17,179.00 17,179.00 18"45 deg bend 3 ea 437.00 1,311.00 1,311.00 18"22.5 deg bend 9 ea 437.001 3,933.00 3,933.00 18"11.25 deg bend - 1 ea 437.00 437.00 437.00 18"Wye 1 as 985.00 985.00 985.00 18"x 8"Wye 2 ea 985.00 1,970.00 1,970.00 22"x 12"Wall Spoof 2 ea 485.00 970.00 970.00 0.00 14"PVC sdr35 -500 If - 11.00 -5,500.00 -5,500.00 14"45 deg bend sdr 35 -3 as 171.00 -513.00 -513.00 14"22.5 deg bend sdr 35 -6 ea 171.00 -1,026.00 -1,026.00 14"Wye sdr 35 -1 ea 211.00 -211.00 -211.00 14"x 8"Wye sdr 35 -2 ea 211.00 -422.00 -422.00 18"x 12" Wall Spool -1 ea 292.00 -292.00 -292.00 Air Gap Modifications 1 Is 1,126.80 1,128.80 750.00 750.00 750.00 750.00 2,626.80 0.00 0.00 0.00 0.00 0.00 Subtotals 10,914.40 25,779.40 7,750.00 0.00 44,443.80 Sales Tax @ 7.75% 1,997.90 600.63 2,598.53 Subtotals 10 914.40 27,777.30 8,350.63 0.00 47,042.33 Markup Labor fl 20% 2,182.88 2,182.88 Markup-Mat'Is 15% - 4,166.60 4,166.60 Marku -E ul 15% 1,252.591 1,252.59 Markup Subs @ 5% - 0.00 0.00 Subtotal 13,097.281 1 31,943.90 9,603.22 0.00 54,644.40 Bond 1% 10,855.81 0.00 546.44 TOTAL 55,190.84 RESIZE EXISTING 14" PVC E 6,132, 746.6 48' 134,706EHOLE PER APWA•�\ TO 18" PIC N 2,139,089.1 STD PLAN 200-2 E6,132,705.0 INVERT IN 43000"`0C L 3000"`0CL TR-3 INVERT OUT 42950\6: �•� CONNECT TO \ \ OBSERVATION VAULT PER APWA STT PLAN 33 N 2,138,991.6 CONNECT NEW 18" HDPE \ OR 335-1 AT CONTRACTOR'S OPTION TO EXISTING LL RCP WITH INV EL 392.0 E 6,132ND CONCRETE COLLAR PER \ 11 RENO DETAIL I ON DWG VC-22 EL INV EL 8" H MATCH INVERTS (INV EL:AND IN 18" HOPE PIPE FIELD VERIFY LOCATION AND INVERT' N 2,738,935.8 \ E 6,132,760.7 \ \\ \ EXISTING 24 RCP)1; I IN 25' BEND / INV EL 3925 - \ A s\ CONTRACTOR SHALL DEFLECT N 2,139,091.6 - N 2,139,141.2 \ JOINTS IO NECESSARY TO E 6,132,]99.8 \ 1A ? \ TRANSITION BETWEEN SLOPES E ,51 BEND 225' BEND — \ /.°° 22.5' BEND —J( E__—_ V I { / IN I cam o�omsM1� vvt City of San Juan Capistrano Figure 1 0u00 F—Ad I. W TERMINAL RESERVOIR NO. 3 s.o zae avw.00,c.we.m. vzays DRAIN LINE PLAN 0 0 GATEWAY PACIFIC CONTRACTORS, Inc. January 09, 2005 Mr. Bill Seitz RBF Consulting 14725 Alton Parkway Irvine, CA 92618 RE: City of San Juan Capistrano Terminal Reservoir No. 3 2005 Rain Delays, April to December Due to inclement weather conditions, Gateway Pacific was unable to perform work on seven (7) scheduled working days (calendar equivalent of 9.6 days). These days were previously agreed upon during the weekly progress meetings. This request covers all rain delays from April until December of 2005. In accordance with Section 7 of the Construction Contract, and Article 12.02 of the General Conditions, we request 7 scheduled working days be granted to extend the time for successful completion of this project. This will be a non- compensable extension of time. Please contact us if you should have any questions regarding this request. Sincerely, Jay Hall Project Manager cc: File, Gary A. Bechtel, Tim Brown 8055 Freeport Boulevard,Sacramento,California 95832-9716.(916)665-4100.(916)6654119 FAX PERFORMANCE BOND BOND *104328759 PREMIUM $rA,965.00 PREMIUM 15 FOR CONTRACT TERM AND 15 SUBJECT KNOW ALL MEN BY THESE PRESENTS, TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE That MTEWAY PACIFIC CONTRACTORS, INC. as Contractor, Aryl TRAVELERS CASUALTY AND SURtT'r COl�ANY OF AMFR{G a3 Surety, are Iw1d ly bound urnb tlNe City of San Juan Capistrano, a logal entily, organized and extolling in the County of Orange, California, herehOw called the'Owner,'in the sum of: TEN MILLION FIVE HUNDRED TWENTY SEVEN THOUSAND TWO HUNDRED SEVENTY SIX A NO/100 ONLY ($10,527,276.00) dollars for the payment of which sum WON and truly to be made, we bind ourselves, our heirs, executors, administrators, success=, and assigns,jointly and severally, firmly by these preasnts. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to peNorrn the Work as specified or Indicated in the Contract Documents entitled: TERMINAL RESERVOIR NO.3 CIP NO.753 NOW THEREFORE,If said Contractor shah perform as the requirements of said Contract Documents required to be performed on its part, at the times and In the manner specified heroin.than It"obligation shell be null and void,othecwisa it shall remain In full force and effect. PRONDED,that any alterations in the Work to be done or the materials to be furnished,or changes In the time of completion, which may be made pursuant to the terms of said Contract Documents,shell not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents• release either said Contraetoror said Surety,and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 30th day of SEPTEMBER 20 04 Contractor AY PACIFIC CONTRACTORS, INC. Suraly TRAVELERS CASUA AND SURETY COMPANY OF AMERICA By -�-�� ay Title Evan Lundin, President 13y B. PILCARD, ATTORNEY IN FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT ND( OF SURETY) r ` PERFORMANCE BOND AGREEMENT AND BONDS - PAGE 4 al ALL-PURPOSE CERTIFICATE STATE OF CALIFORNIA} ss COUNTY OF SACRAMENTO} SEP 3 0 2004 On , before me, Kathy Rangel, a notary public, personally appeared Jana B. Pilgard, personally known to me (or 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 that he/she/they executed the same in his/her/their authorized capacity(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 P ( ), tY p P ( ) , executed the instrument. WITNESS my hand and official seal. KATHY RANGEL COMM.N 1290841 3 ;,r NOTARY PUBLIC•CALIFORNIA n r_ °y SACRAMENTO COUNTY 2005 ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r0 State of California � 1 ss. � County of Islerykn J �, n fi '2 � a On 9- 3001 before � iIYIS�IYIe Ce_S! } I�okrN � blic Date Name entl Title of Ur(e g,-Jana Doe,Noiery Publl ) personally appeared con LUvAwt rrS Name(s)of Signer(s) l' Y-personally known to me l proved to me on the basis of satisfactory evidence to be the persona) whose name(e) is/arm subscribed to the within instrument and CHRISTINE M.CESA acknowledged to me that he/sHe%they executed Commisaion31316915 the same in his/��I,�;�e:r authorized Notary Public-Calitomia £ capacity(+ea), and that by his/„cfT`e;�_ SaOfcounty signature(a}on the instrument the persorl or My Comm.E�amentoirea Aug 6,2 005 f �I the entity upon behalf of which the persons) acted, executed the instrument. NES my h and offici al. Place Notary Seal Above Signature of clary Public r OPTIONAL �hS Though the information below is not required by law. it may prove valuable to persons relying on the document P and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ry' Title or Type of Document: �[✓�orvna n!P i1��._ _ i� �I Document Date: _ 1" 30Number of Pages: 1 r Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: G ety Lundin 5 L_l Individual - ry, rn Top of thumb dere 1V"Corporate Officer—Title(s): {re S�c�en4 _ I I Partner—I I Limited I l General 1 1 Attorney in Fact 1 1 Trustee fil I Guardian or Conservator l I Other. r - A' Signer Is Representing:-�~�.tt-61ril _S . 01999 National Notary Association-9350 De Soto Ave-PO Sox2402•CM1alswonb,CA913132402-wwwnaliona1nolarymg Prod No,5907 Reortler Call Toll-Free 18008766827 . •BOND /104325759 PREMIUM INCLUDED ' PAYMENT BOND PREMIUM Is FOR CONTRACT TERM AND is suBJEcT TO ADJL157WNT BASED ON FINAL CONTRACT PRICE I(NpyV ALL MEN BY THESE PRESENTS TRAVELERS CASUALTY AND That GATEWAY PACIFIC CONTRACTORS, INC. AS PRINCIPAL AND SURETY COMPANY OF AMERICA as Surety, We held firmly bound unto the City of San Juan Capistrano,a legal entity,organized and existing in the County of Orange,State of California,hereinafler called the"Owner,'in the sum of TEN MILLION FIVE HUNDRED TWENTY SEVEN THOUSAND TWOMRDORED SEVENTY SIX ***tier* (570,527,276.00) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severely,firmly by these presents. VA4FREAS,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: TERMINAL RESERVOIR NO,3 CIP NO.753 Pow THEREFORE, if said Contractor,its subcontractors.its heirs,executors, administrators, successors, `or assigns shat fad 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 Departmentfrom the wages of employees Wthe Contrxdorand its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with )�spect to such labor,all as required by the provisions of Title XV,Chapter 7,Sections 3247.3252, inclusive, of the Civil Code of the State of Califomia and acts amendatory thereof, and Sections of other Codes of the %U*of Califarnia referred to therein and acts amendatory thereof,and provided that the persons,companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power fused 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 for,or contributing to,said work to be done,or any person who perforins work or labor upon the same,or any person who supplles both work and materiels therefor,shall have complied with the provisions of said laws,then said surety will pay the same �i an amount not exceeding the sum hereinbefore set forth,and also will pay.In case suit is brought upon this bond, a reasonable attorneys 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 State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. .PROVIDED, /hat any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents,shall not in any ,way retease UM Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 30th day of SEPTEMBER 20 04 ^Contractor GATEWAY PACIFIC CONTRACTORS, INC Surety TRAVELERS CASUALTY-" SURETY COMPANY OF AMERICA lay � By — Title Evan Lundin, President Title B. PILGARD, ATTO IN FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) �a�bO,1MW - PAYMENT BOND AGREEMENT AND BONDS - PAGE 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 _ State of California SS. County of S 0.C-COA 1Pb�.InD On before me, CIAf _ v\F �. CeSa �o5svn Data Name and Title of Offcer(e.g..vane D e.Nnlary Pull personally appeared EUQvt Ltii� fiName(e)of Signer(a) Vfersonally known to me � fi proved to me on the basis of satisfactory evidence to be the person(s) whose name(Ei is/are- subscribed to the within instrument and CHRISTINE M.CESq acknowledged to me that he/&kefHvey executed Commmsioni1315915 the same in hisliherOheir- authorized Z NotsryPublic-Celifomia capacity(ies), and that by his/ aei� Sacramento County signature(&) on the instrument the person(&•), or My comm.E�i es qug 5,Z005Jthe entity upon behalf of which the person4) acted, executed the instrument. ?W1?<9ES ffjcjal seal. �I Place Notary Seal Above &gnaw e of ary Publl � OPTIONAL r Though the information below is not required by law, it may prove valuable to persons relying on the document 5 and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document — `r�a'll Title or Type of Document: Document Date: - 3c7-O __.._ Number of Pages: ._ Signer(s) Other Than Named Above: T 5 �I Capacity(ies) Claimed by Siyner � Signer's Name: __ Ellie" Ltldadti J Individual V-Corporate orate Officer—Title(s): ToP of n6r6 p �stda.w_k I� Partner—' Limited I. General LAttorney in Fact Trustee Guardian or Conservator I Other: Signer Is Representing: (lojeW0.q P&Ct� ovt�Yac.EOii ---Toc. �,evvae 01999 National Nnlary Asdiai -9350 DeSon,Ava.,GO Be.2402•Chat 5wmN.CA 91313 2402 na0onalear,o,9 Prod No.5907 Reorder Call TollFreel-600.676662) ALL-PURPOSE CERTIFICATE STATE OF CALIFORNIA} ss COUNTY OF SACRAMENTO} On SEP 3 0 200' , before me, Kathy Rangel, a notary public, personally appeared Jana B. Pilgard, personally known to me (or 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 that he/she/they executed the same in his/her/their authorized capacity(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. WITNESS my hand and official seal. jj KATHY RANGEL COMM..#1290840eNOTARY PUBLIC•CALIFORNIA O SACRAMENTO COUNTY Comm. Exp.JAN. 14,2005 TRAVELICASUALTY AND SURETY COMPANY OF"RICA T LERS CASUALTY AND SURETY COMP FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Robert D. Laux, Joel J. Buschmann, Dona Lisa Buschmann, Jana B. Pilgard, Susan Fournier, of Sacramento, California, their true and lawful Attomey(s)-in-Fad, with full power and authority hereby conferred to sign, execute and acknowledge, at any place,within the United States,the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 15th day of June 2001. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD NIB SIW( •JN,,iY ANps GABU,�� '/ JSi ��'�/� rrr�� HAaTFORD,L9t �r t 9 8 2j� o BY ca+" o yda George W. Thompson '`••� ,r �Abi na'•c a + A Senior Vice President i On this ISth day of June, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. }Of PUB Po � My commission expires December 31,2002 Notary Public Carol A.Thompson CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 30th day of SEPTEMBER 12004. NW 644 `� 9,'�tY ANON pA6fl,��T � HAA?fCaG T� HAPTFORD, 19 a I�' O y CONW ? b CONN. c a; \\ KoriM. Johanson • , Assistant Secretary, Bond 4 Iravelers �10 � IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. RECORDING REQUESTED BY: • City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recorded in Dely Cie k- Offi AND WHEN RECORDED, MAIL TO: rocial Records, Oran t" r Illllllllilllllllllllllllllllllllllllllllllllllllllllllllllllilllllllillll Np FEE RecOrder Margaret R. Monahan, City Clerk 20070p0 City of San Juan Capistrano 218823 03.4 32400 Paseo Adelanto 115 45 N12 fpm 04104107 San Juan Capistrano, CA 92675 0.00 0.00 0.00 0.0 0 0.00 0.00 0.00 0.00 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only NOTICE OF COMPLETION 1 NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Gateway Pacific Contractors, Inc., 8055 Freemont Blvd, Sacramento, CA 95832 for the Terminal Reservoir No. 3 project. That said work was completed on February 26, 2007, by said company according to plans and specifications and to the satisfaction of the Engineer of Record, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 20`h day of March, 2007, by Resolution No. 07-03-20-01. That upon said contract, the Travelers Casualty anSurety Company of America was surety for the bonds given by the said company as requiredXy la ich, Dated at San Juan Capistrano, California, this 20th d o 2007. i Mar aret nah n, Cit Jerk City oTS9h Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, D EREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion was dul an r ularly ordered to be recorded in the Office of the Orange County Recorder by said City,Clerk. Dated at San Juan Capistrano this 20th day of March 200 J Margaret an, City rk City of San Juan Capistrano AFFIDAVIT OF PUBLICATION PROCftetTION STATE OF CALIFORNIA, ) ) ss. 1004 AUG —b P 37 1 l County of Orange ) Cil�i C_clil'.. I am a citizen of the United States and a resident SAN JUAH CAPISIRANO of the County aforesaid;I am over the age of eighteen years,and not a party to or interested Proof of Publication of in the above entitled matter.I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior - OF SAN JUAN CAPISTIMING Cm - Court of the County of Orange,State of NOTICE INVmNE MPG CONSTRUCTION OF TTWEEMAL RSSSRVOIR NO.a California,on June 7, 1984, Case No.A-122949 PROJECT in and for the Ci of San Juan Capistrano, Notice o he=n alb or say Jean c City P TION OAF TERMINPL pESERvo1A o3 PR802M umn Countyof Orange,State of California;that the A p.m.do ft 24M tley P August 2004. A rMe si : tlP purposed St k arts end tacllM es s scheduled for 2:00 p.m.an August 10,2004,in/11e Public notice,of which the annexed is a true printed Wdrke Depenmem. Copies of its plans end Spomfictlbna ere on No N the City copy,has been published in each regular and Cbrk's Office,city of sen Jeer cew.no.32400 pissed Adelemo,San Juan Cepatrera Cel ie,end be ob- telned m dm non-r :ble dhnge of$110 pWs a charge of entire issue of said newspaper and not in any S30 for sai set ol Plana and SpecRdefi0m nlRW Dined: July 21,2004 supplement thereof on the following dates,to wit: MWECOM JV CAAUFOR O July 29,Aug.5,2004 Capistrano!�o Valby Nowa.J*29,Aug.3,2064 ISM031 3-254 "I certify(or declare)under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana,Orange County, California,on Date: August 5,2004 Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-7000 ext.2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: THURSDAY, JULY 29, 2004 THURSDAY, AUGUST 5, 2004 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — TERMINAL RESERVOIR NO. 3 PROOF OF PUBLICATION: Please fax to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053 telephone (949) 493-1171 AUTHORIZED BY: /s/ Margaret R. Monahan DATE: July 21, 2004 Date of Bid Opening - 08/24/04 Date(s) notice published - 07/29/04 - 08/05/04 Date affidavit received Date notice posted in - 07/29/04 designated posting places CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS CONSTRUCTION OF TERMINAL RESERVOIR NO. 3 PROJECT Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the CONSTRUCTION OF TERMINAL RESERVOIR NO. 3 PROJECT, until 2:00 p.m. on the 24th day of August 2004. A pre-bid visit to the proposed work site and facilities is scheduled for 2:00 p.m. on August 10, 2004, in the Public Works Department. Copies of the Plans and Specifications are on file at the City Clerk's Office, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of$110 plus a charge of$30 for each set of Plans and Specifications mailed. Dated: July 21, 2004 VR. MONAHAN, CITY CLERK N JUAN CAPISTRANO UNTY, CALIFORNIA FOR OFFICE USE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION I, MARGARET R. MONAHAN, declare that I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on July 29, 2004, 1 caused the above Notice to be posted in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Community Center Reception Area; Orange County Public Library AND, that on July 29, 2004, the above Notice was published in the Capistrano Valley News newspaper. I declare under penalty of perjury that the foregoing is true and correct. ��v `� M RG RET R. MONAHAN, CITY CLERK Ci y of an Juan Capistrano, California 0 CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS FOR CONSTRUCTING TERMINAL RESERVOIR NO. 3 PROJECT C.I.P. No. 753 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the construction of the Terminal Reservoir No. 3 Project will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 p.m. on August 24, 2004 at which time they will be opened and read aloud in the Council Chambers of the City of San Juan Capistrano(City). N-2 DESCRIPTION OF THE WORK: The Work includes the demolition of an existing 2 million gallon(MG) reservoir, construction of a new 6 MG pre-stressed concrete reservoir, installation of an on-site chloramine generator system, construction of an enclosed block structure to house the generator system, installation of subsurface slope stabilization structures, installation of ancillary piping and valves, grading and stockpiling of graded material, paving, electrical site work, and miscellaneous site improvements. N-3 LOCATION OF THE WORK: The Work shall be constructed at the site of the existing Terminal Reservoir No. 1 and Terminal Reservoir No. 2, in the Mission Hills Area of the City, west of Highland Drive and one mile east of Rancho Viejo Road. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 650 calendar days after the date specified in the Notice to Proceed. Liquidated damages will be assessed as set forth in the Agreement for failure to meet the specified completion date. N-5 AWARD OF CONTRACT: (a) The City will award the contract for this project to the lowest responsible bidder. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance in an amount of 100 percent of the contract price. N-6 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of at least 10 percent of the total bid price, payable to the City of San Juan Capistrano. N-7 BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of 90 calendar days after the date of Bid opening. N-8 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class "A" Contractor license at the time of submitting bids. NOTICE INVITING BIDS O&U-0321unYww PAGE 1 22 A,W 2W1 • • N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. N-10 RETAINAGE FROM PAYMENTS: The Contractor may electto receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the District by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-11 PRE-BID VISIT TO WORK SITE: Prospective bidders are invited to attend a pre-bid visit to the proposed work site and existing facilities, which will be conducted by the City at 2:00 pm on August 10, 2004. This meeting will be held at the City of San Juan Capistrano, Public Works Department at 32400 PaseoAdelanto, San Juan Capistrano. Any Bidderwho fails to attend the pre-bid site visit accepts full responsibility for acceptance of all site conditions that would have been evident had a site inspection been made. N-12 EXISTING GEOTECHNICAL REPORT (a) The Bidder's attention is directed to the fact that a geotechnical report was prepared by CDM, 18581 Teller Ave, Suite 200, Irvine, CA 92612, entitled "Geotechnical Investigation Report - Terminal Reservoir No. 3, City of San Juan Capistrano, California, dated December 19, 2003, with an Addendum dated April 30, 2004. (b) A copy of the above-listed report and addendum may be purchased for $85 dollars per set and are obtainable from the Department of Public Works, City of San Juan Capistrano, 32450 Paseo Adelanto, San Juan Capistrano, CA 92675. An additional fee of 30 dollars will be charged for sets of documents sent b $ 9 Y mail. (d) Said report and Addendum are made available for the convenience of the bidders only, and the City disclaims any responsibility for their contents. All statements, findings, and interpretations in said report and Addendum are those of CDM. The City does not make any interpretations or representations as to the accuracy of said report and Addendum. Said report and Addendum are not a part of the Contract Documents, and all bidders shall make their own interpretations as to the conditions existing at the proposed site. N-13 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the City of San Juan Capistrano, City Clerk's Office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. (b) Complete sets of said Contract Documents may be purchased for$110 dollars per set and are obtainable from the City of San Juan Capistrano, City Clerk's Office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. No refund will be made of any charges for sets of Contract Documents. NOTICE INVITING BIDS 05u-00210,. a PAGE 2 22 AuguM 2001 (c) An additional fee of $30 dollars will be charged for sets of documents sent by mail. N-14 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For.." followed by the Project title and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF SAN JUAN CAPISTRANO Date �t, Z/ CITY OF SAN JUAN CAPISTRANO By W AJ12 , I/ - Mr r t R. Monahan, CMC C ty lerk O U.U331Uy.xyy NOTICE INVITING BIDS N""°""201 PAGE 3 • Bid Opening Report • Bids opened: August 37 2004 at 2:00 p.m. Project Title: Terminal. Reservoir No. 3 Project Engineer: Peter Salgado Pre-Bid Estimate Bidder: Bid//Amount /_ r�yBid B C ddenda? 1. &eiwit Pacific Co. O� q& V l 2. Orion 3. SSC Construction OW ✓ l 4. Gateway Pacific Constractors 5. / 6. / 7. / 8. / Signed: Dated: r� l cc: City lerk Staff (3) Projec epartm nt (3) City Man er ) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. BID DOCUMENTS Only the following listed documents,identified in the lower right comer as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. " COVER SHEET '' pd BID FORMS BID This is page one of EXHIBIT A,neb, d to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid isaecepted,to enter into an Agreement with the Cily in the form included in the Cor*W Documents (as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: TERMINAL RESERVOIR NO.3 CIP NO.753 Bidder accepts all of the terns and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids,unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents,including the following Addenda(receipt of which is hereby acknowledged): Number 1 Date 8/11/04 Number 2 Date 8/25/04 Number 3 Date Number Date Bidoer has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the to ardy where the Work is to be performed,the legal requirements(federal,state,and local laws,ordinances,rules,and regulations), and the conditions affecting cost,progress,or performance ofthe Work,and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California tabor Code Section 1860,et seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation,or to undertake seff4nsurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing,and including all Bid Schedule(s),List of Subcontractors,Non-collusion Affidavit,Bidder's General Information,and Bid Bond contained in these Bid Forms,said Bidderfurther agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents,and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: 8/31/04 Bidder. Gateway Pacific Contractors, Inc. ST l' (Sig"nature) rte: Evan Lundin, President aowhuaao BID (PROPOSAL) *V 2 ry° BID FORMS - PAGE 1 his is Page 2 of Exhibit A, referred to in and nide part of the Agreement between the Owner and the Contractor BID SCHEDULE TERMINAL RESERVOIR NO.3 PROJECT CIP NO. 753 ESTIMATED UNIT ITEM ESCRIPTION QUANTITY UNIT s COST AMOUNT 1 General Conditions 1 LS 2 Environmental Protection 1 LS 70056— 0 0 3 Demolition 1 LS 5z Ono 4 Excavation BackE and Compaction 1 LS / 0M d2— 5 Removal of Unacceptable Su rade Material 2650 CY ao e o 6 Removal and Df sal of Surplus Material 1e00o Cy 8 7 Slope Stablization 1 LS iv/✓�rdo �J ti amber Lagging - 30000 SF O4_ �^ dam_ 9 Slope Drainage,Gradin and Reseeding1 LS Wa ae Gam, o0 10 Wetlands Restoration 1 LS 1500nawOG17i 00 11 Yard Piping and Vaults 1 LS $ OQD 12 Access Road 1 LS / .lo- t7 �- tO WO.13 6 MG Prestressed Concrete Reservoir 1 LS Z=L 14 Chloramine,Generator Facility 1 LS X000 15 Site Electrical and Instrumentation 1 LS Q � Z00 000 r 16 Soundwall 662 LF (7(/� (4 - Total /O SZ7 S-X Gateway Pacific Contractors Inc. Name of Bidder or Firm Unit Price Bid Schedule Bid Forms-Page 2 ATTACHMENT INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100,at seq.,of the Public Contract Code,the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price,and strait also fist the portion of the Work which will be done by such subcontractor. After the opening of Bids,no changes or substidr6ons will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words'and/or will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's License Work to be Performed Number Subcontractors Name&Address 1 F_Jg1QTF� LJW-K ?548V-11L- L7- 76CA L qTJ r rc-n,. 1 _ 2 LA,wSCA?i: 4928roZ tvtrG21►yf4 �.ANDSCpP� AtT�ty—Z�— sr�lo G57�1y NaRf3Frt Gd " a F�AJGC 7181a l ; r F�,�e� 5 e100-FfvN021rJC0 WAe n Sc..ot=Fora,Nt� G/J2i7FN i . oftA Geg.r PW KIVBtgt2 a 3Hoe1M6A1'F-3 ('2ALEX EA)(- . A/P—k4 j4r_L P A JRM Udw LIST OF SUBCONTRACTORS .u-amwe...wa )a moi BID FORMS - PAGF1 I • • INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4700,et seq.,of the PublicContract Code,the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractors Total Bid Price,and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids,no charges or substitutions wi l be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words and/or will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractors License Work to be Performed Number Subcontractors Name&Address f 1 t E�'T�2rcAL —AI C - z Pv1fJc--7 ZIS°C52 Ha _ f 3 4 5 6 7 8 3RMu-4o LIST OF SUBCONTRACTORS X "30$4b6. q° BID FORMS - PAGFJ ug mor • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) S& County of Sacramento ) I; Evan Lundin_ being first duly sworn, deposes and says that he or she is President of Gateway Pacific Contractors, Ift party making the foregoing Bid,that the Bid is not made in the interest of,or on behalf of,any undisclosed person, partnership, company,association,organization,or corporation;that the Bid is genuine and not collusive or sham;that the 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 shalt refrain from bidding;that the Bidder has not in any manner,directly or indirectly, sought by agreement,communication,or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the pubic body awarding the Contract of anyone interested in the proposed Contract that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,orpaid,and will not pay,anyfee to any corporation,partnership,company, association,organization,bid depository,or to any member or agent thereof,to effectuate a collusive or sham Bid. Bidder Gateway Pacific ggntractors, Inc. By /.►— Evan Lundin Title President Organization Gateway Pacific Contractors, Inc. Address 8055 Freeport Blvd. Sacramento, CA 95832 `o""`U-A80 NON-COLLUSION AFFIDAVIT 11U�8000L4 Aug Mal BID FORMS - PAGE 5 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . . . . . . ti State of California County of (��L°Y•aYY1PYt� ss. p yl On before me, l.. (lEAiIi Vn•CeYA nD{A(N TuW(. �I Date Name and Title of Officer( .g "Jane D4 Notary Public) Ili personally appeared —EUaa �dAelcQlh Names) f S,mtir(a) !'t 3 personally known to me fiI proved to me on the basis of satisfactory evidence nto be the person(a) whose name(* is/are nsubscribed to the within instrument and acknowledged tome that he4&keA*ep executed M CHRISTINE M.CESA r,__,.I_e:.. Commissiont1376916 the same in his/4&hq*en authorized NotaryPublic-California Z capacity(4ll and that by his/herftheir Sacramento Countysignature(@) on the instrument the person(@), or MsAug6.2 ycomm.Extireo05J the entity upon behalf of which the persona) acted, executed the instrument. NES my hand official seal Place draft,Seal Above A no, e of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document t and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Non-(Aul lon fi i, Document Date: ' 3 '� Number of Pages: ( _. fiSigner(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Cull LLual�___ __ N Individual Top of thumb here d V.-Corporate Officer—Title(s): ,Cs Sde _ Partner Limited Limited General I Attorney in Fact I� I I Trustee r Guardian or Conservator 1 Other: R1 Signer Is Representing: (114tWnT•11'G.CIl loc.- 0 1999 oc©1999 National Notary Association•9350 De Soto Ave..PO Box 2402•Chatsworth CA 91313-2402•www naeonalnotar,org Prori No.5907 Horror,Call Toll Free 1 600.876 6827 BID BOND Ip/QYIf ALL YEN BY THESE PRESENTS, The GATEWAY PACIFIC CONTRACTORS, INC. as Principal,and TRAVELERS CASUALTY AMD SURETY COlf ANY OF AIffRICA as Surely, are held and firmly bound unto The City of Son Juan Capistrano, hereinafter eta the"Owner in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID dollars (red lan than 10 peroent of the tial awarat of dna bid) for me payment of which sum, wed and truly to be made, we bind ourselves, our heirs, executors, pidmilplolvi#%suers, and assigns,jointly and severely, fumy by these presents. IIWHEREAIL said Principal has submitted a Be to said Owner to perform the Work required under the Bid schvUe(s)of the Owner's Contract Documents entitled: TERMINAL RESERVOIR NO.3 CIP NO.753 NOW THE.WORE,A said Principal is awarded a Contract by said Owner, and within the time and in the Ment sirikpirad in On*W ice Inviting Bids"and the"Instructions Io Bidders"enters into a written Agreement arl:tlta Trani of Agreement bound with said Contract Documents, furnishes the required Certificates of NAUMM- .Tod famishes the required Performance Bond and Payment Bond,then this obligation shall be null aadyokkoewsrwlss it shall remain in full force and effect In the avert suit is brought upon this Bond by said OIrIM'>Af id Oiiiw*0 prevails, said Surety shad pay all costs incurred by said Owner in such suit, including a rs1laall�IbfE.iflforneys lee in be toted by the court. SIMADANDWAILED,this 31 st day of AUGUST 20 04 GATEWAY PACIFIC � CONTRACTORS INC. (SEAL) BY; �. - (SEAL) Evan Lundin, President (SEAL) (SEAL) NOTARIAL ACIQL�IN�F GMENT OF SURETY) (Principal) TRAVELERS CASUALTY COMPANY OF AMERICA t H) JA"- PILGARD (Signature) ATTORNEY IN FACT (Signature) BID BOND (BID SECURITY FORM) BID FORMS - PAGE B CCALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of � VAYYIBVLkO On 8 31 '0 before me, kY7s} a (�• Cesg t 0&6yu public n� Data Name and Title of Officer Doe_Notary P hc� 1 personally appeared Luirixut Name(s)of slgnar(s) rsonally known to me fi 1 proved to me on the basis of satisfactory evidence r to be the persons} whose names) is/are � subscribed to the within instrument and acknowledged to me that heEshe/they executed CHRISTINEK CESA the same in his/heK I;,&W authorized Commission 1111316915 capacity(ies), and that by his/Herd e Notary public•CaliforniaIq signature(s)on the instrument the person(s), or �I a Ny_ommSacr. mento County Expires Aug 6,1006 the entity upon behalf of which the person(* acted, executed the instrument. WI S on In d and official seal. Place Notary Seel Above Signatur o(Notary Public h T OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do ument Title or Type of Document: �! Document Date: V' �J�,_� _ Number of Pages: t Signer(s) Other Than Named Above: �! Capacity(ies) Claimed by Signer Signer's Name: &ahn, Uk_A lw _ :•• �, Individual �$ ' fop of thumb here �C rorporateOfficer—Title(s): residQrtF ¢ i I Partner—LJ Limited 1 General I I Attorney in Fact 1_I Trustee fi I 1 Guardian or Conservator 1 I Other. /� t Signer Is Representing: had=cj(j c hu rs -T4 c. 01999 National Notary Assoclalion•9350 Do Soto Ave..PO Box 2402-Chatsworth CA913132402•www.nationalnolaryorg Prod No 590] geortler.Call Toll-Free 18006166821 ALL-PURPOSE CERTIFICATE STATE OF CALIFORNIA} ss COUNTY OF SACRAMENTO} On AUGUST 31, 2004 before me, Kathy Rangel, a notary public, personally appeared Jana B. Piigard, personally known to me (or 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 that he/she/they executed the same in his/her/their authorized capacity(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. WITNESS my hand and official seal. 4-ck�LQ 0 M KATHY RANGEL Z; # COMM.#1250841 � 4" NOTARY PUBLICO CALIFORNIA � SACRAMENTO COUNTY �+ Comm. Exp.JP.N. 14,2005 TRAVELWCASUALTY AND SURETY COMPANY OF�RICA LERS CASUALTY AND SURETY COMP FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Robert D. Laux, Joel J. Buschmann, Dona Lisa Buschman, Jana B. Pilgard, Susan Fournier, of Sacramento, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing acrd a copy thereof is filed in the office of the Secretary. VOTED: 'that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 15th day of June 2001. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY )SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD iln TV ANO "SU , :^r .7(/tURtF[f� ¢° MAflTFORO. ' 1 2�' O By t NCONttR CONN. e 3 • D e George W. Thompson �, `" +'' e`" • "``� Senior Vice President On this 15th day of June, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. OyOPUBU y NVCYJ�Q My commission expires December 37,2002 Notary Public Carol A.Thompson CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 31 st day of AUGUST ,20 04. .. �"yD 549fry 9J'�TY ANOm OL6U�<} NA f{,,yam• 4 ¢ HARTFOnO, 9m i 1 9 B 2}� O By 0'ay. ;` CONN. aa= d` • +; W y a Kori M, Johanson r, "< ,+ y • " Assistant Secretary, Bond Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. BIDDER'S GENERAL INFORMATION The Bidder shall furnish the fallowing information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Nameand Street Address: Gateway Pacific Contractors, Inc. 8055 Freeport Blvd. Sacramento, CA 95832 2. CONTRACTOR'S Telephone Number: ( 916 ) 665-4100 Facsimile Number ( 916) 665-4119 E-mailaddreSS Lundin@gatewaypacific.com 3. CONTRACTOR'S License: Primary Classification A & B State License Numbers) 517988 Supplemental License Classifications N/A 4. Surety Company and Agent who YA provide the required Bonds on this Contract Name of Surety Travelers Casualty & Surety Company of America Address One Town Square Hartford, CT 06183 Surety Company Agent Chartwell Surety & Insurance Agency Telephone Numbers: Agent( 916) 485-8000 Surety( 916 ) 638-6521 5. Type of Firm(Individual, Partnership orCorporation): Corporation 3. Corporation organized under the laysofthe State of: California 7. List the names and addresses of the principal members of the firm or names and Was of the principal officers of the corporation or firm: Evan Lundin President Gary Bechtel Secretary Wayne Riley Treasurer BIDDER'S GENERAL INFORMATION (Continued) 'w.A u�sao BIDDER'S GENERAL INFORMATION ""30n1o'"p0 BID FORMS - PAGE 7 „ 2 8. Number of years experience as a contractor in this specific type of construction work: 17 Years 9. List at least three related projects of comparable size and complexity completed to date: SEE ATTACHED 1. Owner Address Contact Class of work Phone ( 1 Contract amount Project 1___) Date completed 2. Owner Address Contact Class of work Phone ( ) Contract amount Project (_) Date completed 3. Owner Address Contact Class of work Phone ( ) Contract amount Proiect (_J Date completed 10.1 List the name and title of the person who will supervise full-time the proposed work for your firm: Tim Brown, Superintendent 11. Is full-time supervisor an employee YES contract services NO 7 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. BIDDER'S GENERAL INFORMATION 2I0 a°' p° BID FORMS - PAGE 8 w 2o GATEWAY PACIFIC CONTRACTORS, INC. CURRENT & PARTIAL LIST OF PROJECTS COMPLETED IN THE LAST FIVE YEARS 1. NAME: Rolling Hills Hydropneumatic Water Pump Station LOCATION: Chula Vista, CA SIZE: $1,544,317.00 DATES: 8/04 — DESCRIPTION: Construct Hydropneumatic Water Pump Station OWNER: Corky McMillin Construction Services, Inc. 2727 Hoover Ave. National City, CA 91950 ENGINEER: PBS&J Contact: Gary Silverman 858/514-1037 /2. NAME: Citywide Recycled Water Facilities, Project "A", Contract 3 LOCATION: Corona, CA SIZE: $15,431,258 DATES: 1/04 - DESCRIPTION: Construction of 3-recycled water pump stations, 3-prestressed concrete recycled water storage reservoirs/improvements to the existing tertiary treatment facilities. OWNER City of Corona 815 West Sixth Street Corona, CA 92878 ENGINEER: Parsons Contact: Bill Weinstock 626/440-2787 ✓3. NAME: Gano Reservoir and Unit X Pipelines — Phase II — Reservoir and Pipelines LOCATION: Rancho Bernardo, CA SIZE: $7,515,915 DATES: 6/03 - DESCRIPTION: Construction of pre-stressed 6.5 MG reservoir, steel water transmission pipelines, control valve vault, drain vault, final access roads and utility improvements. OWNER: Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 ENGINEER: Infrastructure Engineering Corporation Contact: Skip Lewis — 858/451-6407 4. NAME: Water Treatment Plant Reservoir LOCATION: Roseville, CA SIZE: $6,061,803 DATES: 6/03 - DESCRIPTION: Construction of a new 6 MG filter effluent reservoir. OWNER: City of Roseville 311 Vernon Street Roseville, CA ENGINEER: MWH Americas, Inc. Contact: Bill Taplin —925/274-2364 1 5. ' NAME: Wafreatment Plant Upgrades • LOCATION: Antioch, CA SIZE: $692,867 DATES: 1/03 -7/04 DESCRIPTION: Water Treatment Plant Upgrades and the installation of tube settlers at Plant "A" Sedimentation Basins. OWNER: City of Antioch Third & H Streets Antioch, CA 94531 ENGINEER: Brown and Caldwell Contact: Almon M. Shen — 925/210-2431 6. NAME: 1.5 MG Sun Lakes Concrete Reservoir LOCATION: Banning, CA SIZE: $1,356,429 DATES: 1/03 -09/03 DESCRIPTION: Construction of 1.5MG concrete reservoir with piping water line and appurtenances. OWNER: City of Banning 99 E. Ramsey Street Banning, CA 92220-3130 ENGINEER: Montgomery Watson Harza / Contact: Ashok Dhingra —626/568-5160 J7. NAME: Otay Water Treatment Plant LOCATION: San Diego, CA SIZE: $12,694,781 DATES: 3/03 - DESCRIPTION: Relocation of the influent piping and meter valve, altitude valve and piping at the San Diego Reservoir. Construction of 6.9 MG prestressed concrete circular tanks. OWNER: City of San Diego 1010 Second Street, Suite 500 San Diego, CA 92101 ENGINEER: City of San Diego Contact: Nicola Kavanagh — 619/533-5461 8. NAME: South Cordelia Zone 1 Reservoir LOCATION: Fairfield, CA SIZE: $6,572,142 DATES: 9/02 - DESCRIPTION: Construction of a five million gallon buried reservoir, 3,800 gpm booster pump station with PLC control system. OWNER: City of Fairfield 1000 Webster Street, 3`d Floor Fairfield, CA 94533 ENGINEER: Montgomery Watson Harza Contact: Janet Atkinson — 916/921-3526 9. NAME: San Juan Reservoir (PN: Z136) LOCATION: Sacramento, CA SIZE: $4,304,570.00 DATES: 9/02 — 2 DESCRIPTION: Coaction of three million gallon, bA, wire-wrapped, prestressed concrete water storage reservoir. OWNER: City of Sacramento 1391 35`h Avenue Sacramento, CA 95822 ENGINEER: City of Sacramento Contact: Dan Sherry— 916/264-1419 10. NAME: Sears Point Pump Station Storage Facility LOCATION: Vallejo, CA SIZE: $6,558,958.00 DATES: 7102 - DESCRIPTION: Construction of three million gallon prestressed concrete storage facility. OWNER: Vallejo Sanitation and Flood Control District 450 Ryder Street Vallejo, CA 94590 ENGINEER: Tetra Tech Contact: Bijan Daneshmand, 925/283-7700 11. NAME: Rancho Lagunitas Detention Basin LOCATION: Vacaville, CA SIZE: $354,544.00 DATES: 7/02- 9/02 DESCRIPTION: Construction of storm water detention basin. OWNER: City of Vacaville 650 Merchant Street Vacaville, CA 95688 ENGINEER: City of Vacaville Contact: Walter Leach, 707/449-5170 12. NAME: The Canyons at Bighorn — Reservoir#5648 LOCATION: Palm Desert, Ca SIZE: $3,025,190.00 DATES: 2/02 - 12/03 DESCRIPTION: Construction of 4MG prestressed concrete reservoir and associated pipeline. OWNER: Bighorn Development, LLC 941 Andreas Canyon Drive Palm Desert, CA 92260-9228 ENGINEER: Tetra Tech, Inc. / Contact: Rob Eisenbeisz, 949/727-7099 13 NAME: Talega Zone I Domestic Reservoir & Zone A Nondomestic Reservoir & Zone II Domestic Pump Station LOCATION: San Clemente, CA SIZE: $6,879,997.00 DATES: 8/01 -09/03 DESCRIPTION: Domestic/Nondomestic Reservoir, Domestic Pump Station OWNER: Santa Margarita Water District P. O. Box 2279 Mission Viejo, CA 92690-0279 ENGINEER: Tetra Tech, ASL Contact: Tom Epperson, 949/727-7099 3 14: NAME: Wa&torage Tank, CIP No. 8544 • LOCATION: Davis, CA SIZE: $4,124,518.00 DATES: 7/01 - 12/02 DESCRIPTION: Prestressed 3 MG tank with new storm drain detention basin OWNER: City of Davis 23 Russell Blvd. Davis, CA 95616 ENGINEER: Montgomery Watson Americas Contact: Bill Taplin — 925/274-2364 15. NAME: Olivehurst Interceptor Project, Phase 2A LOCATION: Yuba County SIZE: $587,941.00 DATES: 5/01 — 11/01 DESCRIPTION: Construction of south Yuba master drainage plan OWNER: Yuba County 93814 1h Street Marysville, CA 95901 ENGINEER: Yuba County— Public Works Department Contact: Kevin Mallen — 530/741-6421 16. NAME: Gray Lodge WA, Water Delivery Structure Phase 1 LOCATION: Butte County SIZE: $420,891.00 DATES: 4/01 - 12/01 DESCRIPTION: Construct concrete water control structure OWNER: Ducks Unlimited 3074 Gold Canal Drive Rancho Cordova, CA 95670 ENGINEER: Ducks Unlimited Contact: Vince Thompson - 916/852-2000 17, NAME: Silver Legends Unit 1 Drainage Pump Station LOCATION: Sacramento, CA SIZE: $ 349,040 DATES: 01/01 — 11/01 DESCRIPTION: Drainage Pump Station OWNER: SHF Properties, c/o David L. Bonuccelli & Associates 788 University Avenue Sacramento, CA 95825 ENGINEER: The Spink Corporation Contact: Tom Clapp — 916/925-5550 18. NAME San Pablo Bay NWR, Tubbs Island LOCATION: Solano County SIZE: $297,290.00 DATES: 10/00 -5/01 DESCRIPTION: Construct a new levee, raise existing levee and transplant pickleweed OWNER: Ducks Unlimited 3074 Gold Canal Drive Rancho Cordova, CA 95670 ENGINEER: Ducks Unlimited Contact: Vince Thompson - 916/852-2000 4 19: NAME: Oceide Mission Basin Facility Expansiore LOCATION: Oceanside, CA SIZE: $ 7,902,899.00 DATES: 11/00 — 12/02 DESCRIPTION: Desalting Facility Expansion (Groundwater Purification) OWNER: City of Oceanside; Water Utilities Department 300 North Coast Highway Oceanside, CA 92054 ENGINEER: ASL Consulting Engineers Contact: Howard Arnold — 858/673-5505 20. NAME: Mokelumne River Fish Hatchery LOCATION: Clements, CA SIZE: $ 8,061,649.00 DATES: 11/00 — 12/02 DESCRIPTION: Fish Hatchery Expansion OWNER: East Bay Municipal Utility District 375 Eleventh Street Oakland, CA 94607 ENGINEER: East Bay Municipal Utility District Contact: Albert Sanchez- 510/287-1118 21. NAME: Dublin San Ramon Water Reservoir 10B LOCATION: Dublin, CA SIZE: $ 2,673,546.00 DATES: 06/00—02/02 DESCRIPTION: Construction of prestressed concrete water reservoir OWNER: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 ENGINEER: Carollo Engineers Contact: Robin Paulsell - 805/482-0926 22. NAME: Leslie Lane Reclaimed Water Distribution System Plans TW-1005 LOCATION: Escondido, CA SIZE: $ 2,779,218.00 DATES: 08/00 — 01/02 DESCRIPTION: Construction of reclaimed water distribution system OWNER: City of Escondido 201 North Broadway Escondido, CA 92025 ENGINEER: Montgomery Watson Contact: Steven Davis - 760/745-2181 23. NAME: Laguna Stonelake Detention Basin Pump Station LOCATION: Elk Grove, CA SIZE: $ 2,333,351.00 DATES: 04/00 — 10/01 DESCRIPTION: Construction of D51 Laguna Stonelake Detention Basin Pump Station OWNER: Laguna Stonelake, LLC 7700 College Town Drive, Suite 101 Sacramento, CA 95826 ENGINEER: Wood Rodgers, Inc. Contact: John Hodgson—916/341-7760 5 24. NAME: Los Cameros Reservoir LOCATION: Goleta, CA SIZE: $598,586 DATES: 1/00-09/01 DESCRIPTION: Rough grading on construction of a 6.4 MG concrete reservoir OWNER: Goleta Water District 4699 Hollister Avenue Goleta, CA 93110-1999 ENGINEER: Montgomery Watson Constructors, Inc. Contact: Larry Johnson, P.E. — 925/274-5800 25. NAME Zone 3 Reservoir& Booster Pump Station & Zone 4 Reservoir LOCATION: Yorba Linda, CA SIZE: $4,947,185 DATE 11/99—02/02 DESCRIPTION: Construction of two 1.6 MG buried cast-in-place concrete reservoirs and a booster pump station OWNER: SWEPI 3030 Saturn Street, Suite 101 Brea, CA 92821 Contact: Doug Wilson—714/742-0923 ENGINEER: Parsons Engineering Science Contact: Richard Bentwood —626/44-6140 26. NAME: Mare Island Project— Phase I & II LOCATION: Vallejo, CA SIZE: $3,870,297 DATES: 7/99— 1/01 DESCRIPTION: Construction of 5.7 MG prestressed concrete water reservoir and HDPE pipeline OWNER: City of Vallejo Public Works 555 Santa Clara Street, 4`" Floor Vallejo, CA 94590-5922 Contact: Jun Malit, P.E. — 707/648-4315 ENGINEER: Montgomery Watson Contact: Scott Burke — 925/975-3400 27. NAME: North Reservoir Project Phase II LOCATION: Laguna Beach, CA SIZE: $4,583,902 DATES: 7/99 — 2/01 DESCRIPTION: Construction of 5.0 MG prestressed concrete water reservoir and pump station OWNER: Laguna Beach County Water District 306 Third Street/ P. O. Box 987 Laguna Beach, CA 92652 Contact: Jim Nester—949/494-1041 ENGINEER: Robert Bein, William Frost & Associates Contact: Robert Bein — 714/472-3505 28. NAME: Lakewood Concrete Water Reservoir- Plant 4 LOCATION: Lakewood, CA SIZE: $ 2,314,969.00 DATES: 10/98 -6/00 6 DESCRIPTION: Coaction of prestressed concrete water .fkrvoir. OWNER: City of Lakewood 5050 N. Clark Avenue Lakewood, CA 90712 ENGINEER: City of Lakewood, Dept. of Public Works Contact: Max Withron - 562/866-9771, Ext. 2502 29. NAME: Dual-Purpose Pump Station LOCATION: Roseville, CA SIZE: $2,697,922 DATES: 7/98 -4/00 DESCRIPTION: Dual purpose pump station OWNER: City of Roseville 311 Vernon Avenue Roseville, CA 95678-2649 Contact: James Mulligan — 916/774-5668 ENGINEER: Kennedy/Jenks Consultants Contact: Bill Latone — 916/362-3251 30. NAME: 10 MG Water Storage Tank LOCATION: Roseville, CA SIZE: $4,189,547 DATES: 6/98-4/00 DESCRIPTION: 10 MG Circular prestressed concrete tank OWNER: City of Roseville 311 Vernon Avenue Roseville, CA 95678-2649 Contact: James Mulligan — 916/774-5668 ENGINEER: Kennedy/Jenks Consultants Contact: Bill Latone — 916/362-3251 31. NAME: Twin Oaks Reservoir-Phase II, Reservoir Improvements LOCATION: San Marcos, CA SIZE: $16,021,934 DATES: 4/98 -5/00 DESCRIPTION: 33 MG Circular prestressed tank, buried. OWNER: Vallecitos Water District 201 Vallecitos De Oro San Marcos, CA 92069 Contact: Scott Humphrey - 760/744-0460 ENGINEER: ASL Consulting Engineers 11770 Bernardo Plaza Court, Suite 116 San Diego, CA 92128 Contact: Preston Lewis —619/673-5505 32. NAME: Fern Ridge, 1996 Flood Repair LOCATION: Eugene, OR SIZE: $241,066.00 DATES: 10/97 — 03/98 DESCRIPTION: Construct levees and repair flood damage on site OWNER: Ducks Unlimited 3074 Gold Canal Drive Rancho Cordova, CA 95670 7 ENGINEER: Duounlimited Contact: Steve Liske - 916/852-2000 33. NAME: Primary Plant Headworks & Cannery Segregation LOCATION: Modesto, CA SIZE: $12,473,010 DATES: 7/97 -9/99 DESCRIPTION: Const of first-phase pretreatment (headworks) facility for domestic wastewater OWNER: City of Modesto 801 11" Street/ P. O. Box 642 Modesto, CA 95353-9003 Contact: Michael Gilton - 209/577-5462 ENGINEER: Black &Veatch Contact: Gerry Berg - 510/246-8000 34. NAME: Tualatin NWR, Flood Relief 1997 LOCATION: Tualatin, OR SIZE: $907,071 DATE: 08/97 — 03/98 DESCRIPTION: Construct seasonal and permanent wetlands by constructing levees and water delivery system. OWNER: Ducks Unlimited 3074 Gold Canal Drive Rancho Cordova, CA 95670 ENGINEER: Ducks Unlimited Contact: Steve Liske - 916/852-2000 35. NAME: Encinitas Ranch Reservoir LOCATION: Encinitas, CA SIZE: $3,747,070 DATES: 2/97 -2/98 DESCRIPTION: Construction of 7.5MG capacity, buried reinforced concrete reservoir OWNER: San Diego Water District 505 S. Vulcan Avenue/ P. O. Box 231010 Encinitas, CA 92023-1010 Contact: Victor Graves - 619-633-2650 ENGINEER: John Powell & Associates, Inc. Contact: Sam Smalley- 619/753-1120 36. NAME: Yolo Basin Wetlands, Putah Northeast Sitework LOCATION: Yolo County SIZE: $835,544 DATES: 10/96 — 05/97 DESCRIPTION: Construct earthwork and water control structures OWNER: Ducks Unlimited 3074 Gold Canal Drive Rancho Cordova, CA 95670 ENGINEER: Ducks Unlimited Contact: Robert Charney - 916/852-2000 8 • TIM BROWN • GATEWAY PACIFIC CONTRACTORS, INC. 8055 Freeport Blvd. Sacramento, CA. 95832 Phone: 916/665-4100 EDUCATION Cypress College Cypress, California Degree—Associates of Science (AS) WORK EXPERIENCE 1992 — Present Gateway Pacific Contractors, hrc. Sacramento, California 2003- Project Superintendent Gano Reservoir & Unit X Pipelines, Prestressed 6.5MG Reservoir Rancho Bernardo, CA $7,515,915 Owner: Olivenhain Municipal Water District 2001 -2003 Project Superintendent Talega Zone 1 Domestic Reservoir, Domestic Pump Station & Zone II Domestic Pump Station San Clemente, CA $6,879,997 Owner: Santa Margarita Water Distict 1999 —2000 Project Superintendent North Reservoir Project, Phase II Laguna Beach, CA $4,583,902 Owner: Laguna Beach County Water District 1998- 1999 Reservoir Superintendent Twin Oaks Reservoir San Marcos, CA $16,021,934 Owner: Vallecitos Water District 1996- 1998 Project Superintendent Northwood Domestic and Reclaimed Irvine, CA $5,116,018 Owner: Irvine Ranch Water District 1995 - 1996 Project Superintendent Whiting Ranch Reservoir 1 ervine, CA • $2,997,330 Owner: Irvine Ranch Water District 1994- 1995 Project Superintendent Saddleback College Reservoir Mission Viejo, CA $1,014,663 Owner: Moulton Niguel Water District 1992 - 1994 Project Superintendent Fern Lane Pump Station/Reservoir Glendale High School Pump Station Glendale, CA $1,426,382 Owner: City of Glendale i PROFESSIONAL REFERENCES Victor Graves—San Dieguito Water District, 619/633-2650 Jim Nester—Laguna Beach County Water District, 949/494-1041 2 ADDRESS: 351 CYPRESS LANE - EL CAJON, CA 92020 • MAILING: P.O. BOX 696 • EL CAJON, CA 92022-0696 PHONE: (619) 440-8181 • FAX: (619) 440-8653 • WEB: WWW.DYK.COM • EMAIL: DYKINC@DYK.COM Attachment"A" August 12, 2004 To Whom It May Concern: DYK Incorporated has been involved in hundreds of water and wastewater storage tanks during the last 40 years. We are recognized as the technology leader in prestressed concrete storage structures. The below listed contacts can be reached at 619-440-8181: President—Max Dykmans Vice President—William Hendrickson Vice President Construction—David Gourley Vice President Engineering—Ramon Lucero Any questions please don't hesitate to call. Sincerely, DYK Incorporated David Gourley Vice President Construction DYK INCORPORATED QUALIFYING EXPERIENCE (Attachment B) She of Tank Typeof Tank Completion Year Project Name Client Project Manager/Current Employer 1.0 Million Gallon DI 10-Type I Water 2004 Lower Oaks Reservoir New Milleamum Homes Glenn Larson,DYK Incorporated Height:36'Diameter 132' 23622 Calabasas Rd.,Suite 149 619-440-8181 Bob Ymosek 818-224-3079 3,5 Million Gallon DI 10-Type 1 Water 2004 Patterson Reservoir Goleta Water District Dick Ponce,DYK Incorporated Height 36'Diameter 132' 4699 Hollister Ave. 619440-8181 Goleta,CA 93110 Matt Van der Linden 805-964-6761 To Million Gallon D110-Type I Water 2004 Bryte Bend Water Treatment Expansion City of W.Sacramento Lee Swanson,DYK Incorporated Height:27'Diameter:170' 1350 Halyard Dr. 619440-8181 West Sacramento,CA Mike Bessette 916-6174645 1.6 Million Gallon D110-Type 1 Water 2004 Concrete Reservoir Western Pacific Housing Marty Rogers,DYK Incorporated Height:25'Diameter 10T 6701 Center Drive West,Suite 900 619440-8181 Los Angeles,CA 90045 2.7 Million Gallon "TES"Reservoir 2003 "TES"Tank Expansion/Chilled Water Pipe University of California,Riverside Ray Williams,DYK Incorporated Height:44'Diameter.107' Expansion Office of Design&Construction 619440-8181 3615 A Canyon Gest Dr., Riverside,CA 92507 Daniel Johnson 909-7874201 1 0 Million Gallon DI 10-Type I Water 2003 Concrete Reserve. Big Sky County Water and Sewer District Glenn Larson,DYK Incorporated Height:36'Diameter 132' #363 561 619440-8181 Little Coyote Rd. Big Sky,MT 59716 Ron Edwards To Million Gallon Of t0-Type 1 Water 2003 Puapuaz Reservoir County of Hawaii Marty Rogers,DYK Incorporated Height 21'Diameter 137' Depart of Water Supply 619440-8181 355 Kekuanam St#20 James Walfish,Walfish&Associates Hilo,111 96720 808437-0141 Glenn Alma 808-961-8050 4.0 Million Gallon Chlorine Contact Chamber 2003 Walnut Creek Water Treatment Plant East Bay Municipal Utility District& Ray Williams,DYK Incorporated Height:32.75'Diameter:160' Improvements Swinerton Builders&Mmelicb 619440-8181 Mechanical 580 California St, San Francisco,CA 94104 David Green 415421-2980 4.0 Million Gallon DI 10-Type 1 Water 2003 Bryte Bend Water Treatment Expansion City of W.Sacramento Lee Swanson,DYK Incorporated Height:27'Diameter:170' 1350 Halyard Dr. 619440-8181 West Sacramento,CA Mice Bessette 916-6174645 To Million Gallon DI 10-Type 1 Water 2003 Helena Water System Improvements City of Helena Lee Swanson,DYK Incorporated Height 26.75'Diameter:162' 316 N.Park Ave. 619440-8181 Helena,MT 59623 Robert Peccia 406447-5000 10 0 Million Gallon D 110-Type I Water 2002 Hoover/Greenleaf Reservoir City of Whittier Ray Williams,DYK Incorporated Height:36'Diameter.220' 13230 E.Penn St, 619440-8181 Whittier,CA 90602 Leon Yehuda 562464-3510 4 0 Million Gallon DI 10-Type 1 Water 2002 Spanish Springs Reservoir Sierra Pacific Power Co. Marty Rogers,DYK Incorporated Height:36'Diameter 140' 6100 Neil Rd 619440-8181 Reno,NV 89520 Gary Bonham 775-8344474 DYK INCORPORATED QUALIFYING EXPERIENCE (Attachment B) Sim of Tank Type of Tank Completion Year Project Name Client Project Manager/Current Employer 5.0 Million Gallon DI10-Type 1 Water 2002 Highland Reservoir City of Rialto Ray Williams,DYK Incorporated Height:28'Diameter:185' 150 S.Palm Ave. 619-040-8181 Rialto,CA 92376 Richard Mori 949-753-0500 1.0 Million Gallon DI 10-Type 1 Water 2002 Concrete Reservoir Aslan Development,LLC 900 Glenn Larson,DYK Incorporated Height:24'Diameter:88' West Cannelton Rd.,Suite 125 Castle 619440-8181 Rock,CO 80104 Jack Vickers 111 303-688-6300 2.0 Million Gallon DI 10-Type 1 Water 2001 Leslie lane Reservoir City of Escondido John Lesnick,DYK Incorporated 619440 Height:31'Diamerer 105' 201 North Broadway Escondido, 8181 CA 92025 760- 839-0304 1.14 Million Gallon DI 10-Type 1 Water 2001 Wash Water Reservoir City of San Diego Brian Rathbone,DYK Incorporated 619- Height:47'Diameter 65' 600 B St.,Suite#700 440-8181 San Diego,CA 92101 Mike Wallace 619-235-1953 5.0 Million Gallon DI 10-Type I Water 2001 Semper Clemwell Replacement City of Westminster Glenn Larson,DYK Incorporated Height 31'Diameter:208' 4800 E.92nd Ave. 619440-8181 Westminster,CO 80031 Diane Phillips 303-430-2400 x2178 5,0 Million Gallon DI 10-Type 1 Water 2000 Conspiracy Point Reservoir Del Webb California Corp.Land Many Rogers,DYK Incorporated Height:35'Diameter:213' Development 619440-8181 985 Sun City Lane Lincoln,CA 95648 Mark Carey 916434-3400 L 14 Million Gallon D1I0-Type 1 Water 2000 Water System Improvements Balboa Navy Hospital Ray Williams,DYK Incorporated Height:47'Diameter:65' San Diego,CA 619-040-8181 Andy Zienumak 858-831-9420 ADDRESS: 351 CYPRESS LANE • EL CAJON, CA 92020 • MAILING: P.O. BOX 696 • EL CAJON, CA 92022-0696 PHONE: (619) 440-8181 • FAX: (619) 440-8653 • WEB: WWW.DYK.COM • EMAIL: DYKINCODYK.COM Attachment"D" BID-SUBMITTAL REQUIRED BY CONTRACTOR KARL ANDERMATT Tank Prestressing Superintendent Mr. Andermatt has been employed full-time by DYK and has been a Superintendent on the following tank projects: 7.2 Million Gallon Water, AWWA D110 Type 1 Reservoir, Tracy, CA Owner: City of Tracy 520 Tracy Blvd. Tracy, CA 95376 Engineer: West Yost& Associates Completed: 2004 1.0 Million Gallon Water, AWWA D110 Type 1, "K" Street Reservoir, Columbia City, OR Owner: City of Columbia City 18402 nd St. Columbia City, OR 97018 Engineer: Murray, Smith, & Associates Completed: 2004 1.6 Million Gallon Water, AWWA D110 Type 1, Reservoir, Simi Valley, CA Owner: Western Pacific Housing, Inc. 6701 Center Drive West, Ste. 900 Los Angeles, Ca 90045 Engineer: Brockmeier Connsulting Completed: 2004 1.5 Million Gallon Water, AWWA D110 Tyne 1, Sun Lakes Reservoir, Banning, CA Owner: City of Banning 99 E. Ramsey St. Banning, CA 92220 Engineer: Boyle Engineering Completed: 2003 3.0 Million Gallon Water, AWWA D110 Type 1, San Juan Reservoir, Sacramento, CA Owner: City of Sacramento 139535 1h Avenue Sacramento, CA 95822 Engineer: West Yost&Associates Completed: 2003 Page 1 of 3 Attachment"D" BID-SUBMITTAL REQUIRED BY CONTRACTOR KARL ANDERMATT Tank Prestressing Superintendent 4.0 Million Gallon Water, AWWA D110 Tyne I Reservoir, W. Sacramento, CA Owner: City of W. Sacramento 1350 Halyard Dr. W. Sacramento, CA 95661 Engineer: HDR Engineering, Inc. Completed: 2003 1.5 Million Gallon Water, AWWA D110 Type 1, Kapunahala Reservoir, HI Owner: Honolulu Board of Water Supply 630 South Beretaina St. Honolulu, HI 96843 Engineer: Board of Water Supply Completed: 2003 3.5 Million Gallon Water, AWWA D110 Type 1, Recycled Reservoir, Chula Vista, CA Owner: The East Lake Company, LLC 900 Lane Avenue, Suite #100 Chula Vista, CA 91914 Engineer: Tetra Tech, Inc. Completed: 2003 9.0 Million Gallon Water, AWWA D110 Type 1, Reservoir, Huntington Beach, CA Owner: PLC Land Company 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660 Engineer: DYK Incorporated, El Cajon, CA Completed: 2001 5.7 Million Gallon, AWWA D110 Type 1, Mare Island Reservoir, Vallejo, California Owner: City of Vallejo 555 Santa Clara St., 4a' Floor Vallejo, CA 94590 Engineer: Montgomery Watson, Walnut Creek, CA Completed: 2000 Page 2 of 3 Attachment "D" BID-SUBMITTAL REQUIRED BY CONTRACTOR KARL ANDERMATT Tank Prestressing Superintendent 2.25 Million, AWWA D110 Type 1, Coldwater Canyon Reservoir, Los Angeles, California Owner: Los Angeles Dept. of Water& Power 111 North Hope Street Los Angeles, CA 90051-0100 Engineer: Los Angeles Dept. of Water&Power Completed: 2000 2.1 Million Gallon, AWWA D110 Type 1, River Mountain Reservoir, Henderson, Nevada Owner: Southern Nevada Water Authority 1900 E. Flamingo, Suite 17 Las Vegas,NV 89119 Engineer: Southern Nevada Water Authority, Las Vegas,NV Completed: 2000 Page 3 of 3 ACI Certification-- Certified Personnel Search Results Page I of 1 international; American Concrete Institute ACI Spring Convention I Seminars I New Documents I Student Inforimation ACI Certified Personnel Search Results Last ANDERMATT name: Program: SHOTCRETE NOZZLEMAN - WET-MIX PROCESS: VERTICAL POSITION ONLY Location: CA Item 1 of 1 matching your search criteria are show below.Click Search Again to initiate a new search. ANDERMATT KARL F SHOTCRETE NOZZLEMAN - WET-MIX PROCESS: VERTICAL POSITION ONLY Expires: February 28, 2006 Ramona, CA 92065 ©Copyright 2002, American Concrete Institute. All rights reserved, including the making of copies by any means, including but not limited to downloading of HTML files, or by electronic, photoduplicating,or other mechanical device, printed, written or oral, or recording for sound or visual reproduction for use in any knowledge or retrieval system or device, or recording for sound unless permission is obtained from the copyright proprietors. The American Concrete Institute disclaims any and all responsibility for the application or consequences of any information appearing on this domain. Click here to read full disclaimer. ACI International®, PO Box 9094, Farmington Hills, MI 48333 — (248) 848-3700. Send comments and questions to: webmaster(aaci-int.ora. http://www.aci-int.org/certification/ce-results.asp 3/11/2002 ADDRESS: 351 CYPRESS LANE • EL CAJON, CA 92020 • MAILING: P.O. BOX 696 • EL CAJON, CA 92022-0696 PHONE: (619) 440-6181 • FAX: (619) 440-8653 - WEB: WWW.DYK.COM • EMAIL: DYKINCC&DYK.COM Attachment"D" BID-SUBMITTAL REQUIRED BY CONTRACTOR GARY LANDMANN Tank Prestressing Superintendent Mr. Landmann has been employed full-time by DYK and has been a Superintendent on the following tank projects: 1.7 Million Gallon, AWWA D110 Tvpe 1,Northern Dougherty Reservoir, Dublin, CA Owner: Dublin San Remo Services District 7051 Dublin Blvd. Dublin, CA 94568 Engineer: Carollo Engineers Completed: 2004 3.5 Million Gallon, AWWA DI 10 Type 1, Patterson Reservoir, Goleta, CA Owner: Goleta Water District 4699 Hollister Ave. Goleta, CA 93110 Engineer: DYK Incorporated Completed: 2004-04-16 15.0 Million Gallon, AWWA D110 Type 1, Reservoir, Hillsboro, Oregon Owner: City of Hillsboro 142 S. E. Mable St. Hillsboro, OR 97123 Engineer: CH2M Hill Completed: 2004 2.0 Million Gallon, AWWA D110 Type 1, Reservoir, Medford, Oregon Owner: Medford Water Commission 200 South Ivy St., Room 177 Medford, OR 97501 Kennewick, WA 99336 Engineer: CH2M Hill Completed: 2003 2.0 Million Gallon, AWWA D110 Type 1, Reservoir, Chandler, Arizona Owner: City of Chandler 6300 S. Lindsey Rd. Chandler, AZ 85249 Engineer: HDR Engineering, Inc. Completed: 2003 Page 1 of 3 Attachment"D" BID-SUBMITTAL REQUIRED BY CONTRACTOR GARY LANDMANN Tank Prestressing Superintendent 5.6 Million Gallon, AWWA D110 Type 1, Reservoir, Salem, Oregon Owner: City of Salem 930 Chemawa Rd. N.E. Salem, OR 97303 Engineer: CH2M Hill Completed: 2002 3.0 Million Gallon, AWWA D110 Tyne 1, Reservoir, Sherwood, Oregon Owner: City of Sherwood 20 N.W. Washington Sherwood, OR Engineer: Murray Smith& Associates Completed: 2002 2.0 Million Gallon AWWA D110 Type 1, Reservoir, Redmond, Oregon Owner: City of Redmond 822 S.W. Highland Ave. Redmond, OR 97756 Engineer: Anderson Engineering & Surveying, Inc. Completed: 2002 3.2 Million Gallon, AWWA D110 Tvne 1, Reservoir, Gresham, Oregon Owner: City of Gresham 1333 N.W. Eastman Parkway Gresham, OR 97030 Engineer: CH2M Hill Completed: 2002 3.0 Million Gallon, AWWA D110 Type 1, Reservoir, Dublin, California Owner: Dublin San Ramon Services District 7051 Dublin Blvd. Dublin, CA 94568 Engineer: Carillo Engineers Completed: 2001 f Page 2 o3 vvX Attachment"D" BID-SUBMITTAL REQUIRED BY CONTRACTOR GARY LANDMANN Tank Prestressing Superintendent 10.0 Million Gallon, AWWA D110 Tyne 1, Reservoir, Gresham, Oreson Owner: Rockwood Water P.U.D. 19601 N.E. Halsey St. Portland, OR Engineer: Tetra Tech/KCM, Inc. Completed: 2001 10.0 Million Gallon, AWWA D110 Tyne 1, Reservoir, Kennewick, Washington Owner: City of Kennewick P.O. Box 6108 Kennewick, WA 99336 Engineer: Tetra Tech/KCM Inc. Engineers Completed: 2000 Page 3 of 3 ACI Certification -- Certified Personnel Search Results Page i of 1 i international* American Concrete lnstitute ACI Spring Convention I Seminars I New Documents Student Information ACI Certified Personnel Search Results Last name: LANDMANN Item 1 of 1 matching your search criteria are show below.Click Search Again to initiate a new search. LANDMANN GARY M SHOTCRETE NOZZLEMAN - WET-MIX PROCESS: VERTICAL POSITION ONLY Expires: February 28, 2006 White City, OR 97503 @ Copyright 2002, American Concrete Institute. All rights reserved, including the making of copies by any means, Including but not limited to downloading of HTML files, or by electronic, photoduplicating,or other mechanical device, printed, written or oral, or recording for sound or visual reproduction for use In any knowledge or retrieval system or device, or recording for sound unless permission is obtained from the copyright proprietors. The American Concrete Institute disclaims any and all responsibility for the application or consequences of any information appearing on this domain. Click here to read full disclaimer. ACI International@, PO Box 9094, Farmington Hills, MI 48333 (248) 848-3700. Send comments and questions to: webmaster@aci-int.org. http://www.aci-int.org/certification/ce-results.ascz _ 1/I 10110? __ l STOP NOTICE • ( C a l if* a Civil Code Section 3103 ) NOTICE TO CITY OF SAN JUAN CAPIST. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO ( if Private Job-file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner-CIVIL CODE SECTIONS 3156-3175 ) ( IF Public Job-file with office of controller,auditor,or other public disbursing officer whose duty it is to make payments under provisions of the contract-CIVIL CODE SECTIONS 3179-3214 ) Prime Contractor: GATEWAY PACIFIC CONTRACTR N D � Sub Contractor ( If Any) : Z Owner or Public Body: CITY OF SAN JUAN CAPIST. Improvement known as 26861 MISSION HILLS BLVD Z County of ORANGE _'< N3 f71 State of California. 3�C-)- w um < � Robertson' s, Claimant, a Partnership, furnished certai5 M labor service, equipment or materials used in the above desWrib(g work of improvement. The name of the person or companyao wjpm claimant furnished service, equipment, or materials is GATEWAY PACIFIC CONTRACTRS INC The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and/or sand materials . Total value of labor, service,material to be furnished. . . . . . $ 46 , 431 . 12 Total value of labor, service,materials actually furnished. . $ 46 , 431 . 12 Credit for materials returned, if any. . . . . . . . . . . . . . . . . . . . . . $ 0 . 00 Amount paid on account, if any. . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 00 Amount due after deducting all just credits and offsets . . . . $ 46, 431 . 12 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant ' s demand in the amount of $ 46 , 431 . 12 and in addition thereto sums sufficient to cover interest court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083 ) is not attached. (Bond required with Stop Notice served on construction lenders on private jobs-bond not required on public jobs or on Stop Notice served on owner on private jobs ) Dated 02/27/07 Name and address of Claiman15i ERTSON ' S x 3600 Ca. 92878 -2 By iz VERIFICATION I, the undersigned, state: I am the agent of he claimant named in the foregoing Stop Notice; I have read said cla ' of Stop Notice and know the contents thereof, and I certify hat the same is true of my knowledge . I certify (or declare) under pe al of erjury under the laws of the State of California that the reg g s true and correct. Executed on 02/27/07 at Cc ona, to f alrnia. Signature of claimant/Agent • Dated: 02/16107 CA591415 7114 7389 6621 1466 4413 RECEIVED In ac�C,oAaLtIFOce 1RNIAth 1 PREons LIMINARY7 and 3098, INOT'CE2ifornia Civil Cpi'JeE' 20 P T 11 This is not a Lien, This is not a reflection on the integrity of any contractor o1cmi4lep }li(ctor Reputed Owner 1 -You are hereby notified tha$AN JUAN CAPISTRANO 02/16/07 CA591415 D & D EQUIPMENT RENTAL CITY OF SAN JUAN CAPISTRANO PO BOX 2369 32400 PASEO ADELANTO SANTA FE SPRINGS CA 90670 SAN JUAN CAPISTRANO CA 92675 2-Has furnished or will furnish labor, services,equipment, or materials of Reputed Construction Lender or Lessee the following general description: CO# CAPISTRANO RESERVOIR EQUIPMENT RENTAL BOND# 104328759/TRAV CAS & SUR CO OF AMER/ONE TOWER SQ 3 -An estimate of the total price of the HARTFORD CT 06183 labor,services,equipment, or materials furnished or to be furnished is: Reputed Original Contractor $3,500.00 GATEWAY PACIFIC CONTRACTORS INC 4-The building,structure or other work of 8055 FREEPORT BLVD improvement is located at: SACRAMENTO CA 95832-9716 5693/PO#5915/JN#4111 A.D.C. UNKNOWN CAPISTRANO RESERVOIR NO 3 26861 MISSION HILLS DR NOTICE TO PROPERTY OWNER SAN JUAN CAPISTRANO CA IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE 5-The name of the person or firm who contracted FURNISHED,A MECHANICS'LIEN LEADING TO THE LOSS, for the purchase of such labor,services, THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL equipment or material is: OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY LT ENGINEERING INC BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU 27601 FORBES RD#53 HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH LAGUNA NIGUEL CA 92677 TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE 6-Name and address of Trust Funds to which SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE Supplemental Fringe Benefits are payable BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR (if applicable): OR (2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN 5 UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN 7-Jobsite is Federal Public Work Title 40 USC CLAIMANT WHO HAS PROVIDED THE OWNER WITH A Sec. 270A-270E. PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH Contract# SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF Bond Co: COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST- CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. Signed FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO Authorized Ag�(e�n{t�^� Y/��'� RECORD A LIEN. 10:Z ��.`— Construction Notice Services,Inc. 1-800-366.5660 -- --- - - - --- - r1 n -ST SAND AND GRAVEL INC. , •6 21780 TEMESCAL CANYON RD CORONA,CA 92883 } ''`"� a $2 • 790 COL ((!! +as Mailed From JZgg t j RE 7 6309 2640 5133 0082 1001 FE"E JFQ Ikt?aPT REQUESTED CITY L'Lr `�;.RpN - CITY OF SAN JUAN CAPISTRANO SAN JUAN CpPI' ' 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 `J :�•---�_-�--�. :-:: 1l.I.. :trtftlrrlltfll,rtrrtifJlf,tll,tltrl,ti Nr"tCUTviiNARY 20-DAY NOTICE (PRIVA FE WURK ) (California Civil Code Sections 3097, 3111, 3241 3252 at Seq.) *****GENERAL CONTRACTOR***** *****LENDER/SURETY***** GATEWAY PACIFIC CONTRACTORS INC NONE 8055 FREEPORT BLVD SACRAMENTO, CA 95832 ****CUSTOMER*"* *****OWNER/REPUTED OWNER***** GATEWAY PACIFIC CONTRACTORS INC CITY OF SAN JUAN CAPISTRANO 8055 FREEPORT BLVD 32400 PASEO ADELANTO SACRAMENTO, CA 95832 SAN JUAN CAPISTRANO, CA 92675 You are hereby notified that FST SAND AND GRAVEL INC. has furnished or will furnish labor, service, equipment or material if the following general description: for the building structure or other work of improvement known as REF#4082 TERM RES. 10. 3 SJC project, located at, CA. The name of the person or firm who contracted for the purchase of such labor, services, or material is GATEWAY PACIFIC :ONTRACTORS INC,8055 FREEPORT BLVD, SACRAMENTO, CA 95832. An estimate of the total price of the labor, services, equipment or material is NOTICE TO PROPERTY OWNER F bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished, a mechanic's _ion leading to the loss.through court foreclosure proceedings,ofatt or part of your prnporty-being so improved msy b? - - tlaced against the property even though you have paid your contractor in full.You may wish to protect yourself against this onsequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before naking payment to your contractor,or(2)any other method or device that is appropriate under the circumstances. Other than esidential homeowners of dwellings containing fewer than five units, private project owners must notify the original :ontractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its ecordation. Notice shall be by registered mail,certified mail, or first class mail, evidenced by a certificate of nailing. Failure to notify will extend the deadlines to record a lien. 'repared for FST SAy GRAVEL INC., 21780 TEMESCAL CANYON RD, CORONA, CA 92883. ENNIFERGORE Date Prepared:02/07/2007 )DMIN AS S Telephone: (951) 277-8440 Program Copyright Frank W.Mo All Rig a Reserved. (916)941-99961. Forms Copyright Pettit Manifold Forms. All Right Reserved (800)4206767 CERTIFIED MAIL NUMBER CALIFOIiNiA PRELINI3YthAY NOTICE In accordance with sections 3097 and 1 3098,California Civil Code THIS IS NOT A i 7100 6309 2640 3867 0699 LIEN. This is NOT a reflection on the I , integrity of any contractor or subcontractor. i i You are hereby notified that HOLLIDAY R iL p,; 2193 W FOOTHILL BLVD., UPLAND, CA 91786.8402 has furnished or will.fumish labor,service,equipment or material of the following general description: Concrete Ready Mix, Asphalt, Rock, Sand and/or Related Materials for building structure, or other work of Improvement located at The name of the person or firm who contracted for the purchase of such labor, services, equipment or material furnished is An estimate of the total price of the labor, services, equipment or material is „ry NOTICE TO PROPERTY OWNER C 0 bills are not paid in full for the labor,services,equipment.or materials furnished in to s, 8 be all or art of mechanic's your property ben eing so improvedto the through court foreclosure theproperty even I of all or pad of your id your being so improved Y maybe placed against the property even m though you have ppaeid your<o yourr m full.You may wiahprotect 0bytH against this consequence IKillinotice g re making payment to ent to h a yoursigned tractor, by the person y l Z 7 or firm givingg you tis notice before making payment to your contractor,or n any other rn mMhod or dev¢e that is appropriate under the circumstances. Other than residential oT T ' homeowners of dwellings containing fewer than five units,private project owners must a �. ,.�kWR1 notify the original contractor and any Nen claimant who has provided the owner with a m i preliminary 2 ay lien notice i,.accordance with Section 3087 of the Civil Code that a yAnj j Icde,a[p ti;R-Nu dnr N notice of completjon or notice of cessation has been recorded within 10 days of its a ONV8lSidd qt C -, E:J k„!rL°PiT U N f/�ca certificate Notice shall be by registered to ori mail.certifiededmail.or lines to s mail,aevidenced en, (. 'b'7 a cedificate of mailing.Failure to notify will extend the deadlines to record a lien. � t • /�1 antr�tr, b 8- 833 1001 _ ! { 7 � ''4 -E VVR1r'vc IF CON,�'?,c4ai•1:” :�j'i; r'it Ft''P.. pT til,erg V.JI \'J 0,3 - < 8 II • Dated: 01/19/07 CA582729 I 111111111111111 111111 RECEIVED 7114 7389 6621 1447 1196 1001 JAN 22 pCAb4,FORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code Thi)i �p IitC(AipR'Rhis is not a reflection on the integrity of any contractor or subcontractor Repute awn AN CAP(STRANO 1 -You are hereby notified that 01/19/07 CA582729 HARDY AND HARPER INC ('ITV n' RAN .P.IANI CAPIgTRPN0 1312 EAST WARNER AVENUE N ACCORDANCE WITH SECTIONS 3097 AND 3098, D -'ALIFORNIA CIVIL CODE THIS IS NOT A LIEWTHIS S NOT A REFLECTION ON THE INTEGRITY OF ANY :ONTRACTOR OR SUBCONTRACTOR. (OU ARE HEREBY NOTIFIED THAT... 0w } RECEIVED «fa10 i 1001 FEB —5 P Z. 51 NAME AND ADDRESS OF PERSON OR FIRM FURNISHING _ LABOR,SERVICES,EQUIP.OR MATERIALS has furnished or will furnish labor, services, equipment or CALIFORNIA PRELIMIN ��N7RR materials of the following descnption: LENDER(REPUTED) ORI CTOR(REPUTED) isphaltir COo.% nrratP/Agyr�agte NONl R.E.PCIRTE:D ( AT'F'WAY PACIFIC;Rack/i._ezbetr/ E1055 FIRE.E:MONI' F;L.VD ltipment/Tack:-Coat. & 9267; SACRAMENTO CA 95832f'et r•rlmat. OWNER(REPUTED)OR PUBLIC AGENCY SUBCONTRACTOR WITH WHOM CLAIMANT CONTF --�-D for building,structure or other work of improvement located at C/O SAN TUAN. CAPI STRAINi - TERMINAL. RE.SOVIOR#;S 32400 PASE13 A14A.ANTO HICiI..AND/MISSION HII..L.S RD. SAN JUAN CAF-153T CA 92675 SAN :YUAN C'APTSf J.C.N. # 264't 4 Tract No.J#124-;4 fs' Name of person or firm who contracted for purchase of such labor,services,equipmentor matenals is: y HARDY & FIAFtF Ek 7.512 F ldAtrNFFt SANTA ANA C:A9:;!',YM CpN PREPARED BY: - r�,� M� - s +Y An estimate of the total price of the labor,services,equipment - NIC:(51.,1z C)RR 02/02/200 or material is$ SIGNATURE: 1.1.2 a 200.00 TO: q Ill 1SQiUE:iemJ alCf►�lgTe benefits CHECKS payable. ch C/O SAN JUAN CAPISTRANID :52400 PAST ADF'i.ANTO i SAN JUAN C:APTIST CA 926"!`i rkc FEWER THAN 5 UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN 7-Jobsite is Federal Public Work Title 40 USC CLAIMANT WHO HAS PROVIDED THE OWNER WITH A Sec. 270A-270E. PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH Contract# SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF Bond Co: COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL,OR FIRST- CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. Signed _ FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO Authorized Agent Y� RECORD A LIEN. Construction Notice Services, Inc. (�' /�\- 1.800-3666-5660 • CALIFORNIA PRELIMINARY NOTICE • THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO SECTIONS W97 AND 1099,CAUR CML CODE NOTICE TO PROPERTY OWNER ��11FR ��lfRlr M�R9{�Il�'�NI E FURNISHED.A ANICS FORECLOSURE PROCEEDINGS,OF LL OIF BILLS ARE NOT PAID IN FULL FOR THE LABOR PART OF YOUR PROPERTY BEING SO IMPROVED MAY FURNISHED BE PLACED BAGAINS THE PROPERTY EVEN THN UW AIM ViI MV'OR IN FUL YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(11 ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CWCUMSTANCES.. OTHER THAN RESIDENTIAL HOMEOWNERS F CONTRACTOR AM AN'f LIEN PRELIMIGY,ELUNAARY M-DAYGS NG NOTICET NAACCORDANCE WITH SECTION W97 F FIVE UNITS,PRIVATE PROJECT THE CIVIL CODE THAT MUST NOTIFY EA NOTICE F COMPLETION OR NOTICE OF EMSS( H ET COf TN�r1110 JAYS OF ITS RECORDATION. NOTICE EALL E BY REGISTERED MAIL,CERTIFIED MNL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE F MAIUO. FAILURE TO NO WILL Ex THE DEADLINES TO RECORD A LIEN. CITY CLESAN JUAN RK You ARE HEREBY NOTIFIED: THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNASH LABOR.SERVICES,EQUIPMENT OR MATERIAL OF THE FOU-OVIING DESCRIPTION IS: DATE. 1/192007 INDIVIDUAL BEACON ELECTRIC SUPPLY ELECTRICAL SUPPLIES AND MATERIALS (NAME) (OESCRFTON OF MF.TER4 lAllOR.FERUICES OR E4UIVYEHT FURHI DM TO BEFURHI W) 9630 CHESAPEAKE DRIVE (ADDRESS) OR SAN DIEGO CA Win TERMINAL RESERVOIR#3 (urn (srATE1 (sem By'sl (SIGNATURE) FIRM CREDIT SPECIALIST 1/19107 SAN JUAN CAPISTRANO CA InTLE) /DATE) IORn (STATE) THEH11MEMIOAOORMOFTHEPERSONWIK1CONTRI MOFORT PURCINSEOF(PRNAIEWORKS)ORVINOW LRE FURNWHEO(PUBLIC KS)OWNLABOR.SERNCE,EWVMEMORMATERYILM: #141453 NEAL ELECTRIC TO OWNER CITY OF SAN JUAN CAPISTRANO NEAL ELECTRIC OR REPu7Eo 32400 PASEO ADELANTO TO 13250 KIRKHAM WAY 01NIER SAN JUAN CAPISTRANO,CA 92675 SUB POWAY,CA 92064 OR CONTRACTOR PUBLIC EMT TO ORIGINAL GATEWAY PACIFIC CONTRACTORS,INC. TO cWTRAcToR 8055 FREEPORT BLVD. LEASEHOLD OR REPUTED SACRAMENTO,CA 95832-9716 OWNER CONTRACTOR TRUST TO NONE CONSMUCTKN ESTIMATED PRICE OF THE LABOR,SERVICES,EQUIPMENT LENDER OR OR MATERIALS DESCRIBED HEREON. REPUTED CONSTRUCTION $ 20,000.00 LENDER PROOF OF SERVICE AFFIDAVIT ISECTI(NI M7.1 CALIFORNIA CNIL CODE) L TEDDE KLINGENHOFER declare that I Served Copies of the above PRELIMINARY NOTICE(check appropriate box). a.=By personally delivering Copies to at (narne(s)and ade(s)of person served) (address) on at In. b. XXX By First Class Certified or Registered Mail service,postage prepaid,addressed to each of the paries at the addresses Sh4ab�ovej on 11192007 1 declare under penalty of perjury that the foregoing is We and Correct.Signed at BEACON ELECTRIC SUPPLY IN SAN DIEGO .California On 1/192007ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MNL WHEN RETURNEDTedde K9ngenmWl 7 File 140:1779[CA][PRIVATEROWNER]� • Customer:Hardy&Harper,Inc. Notice Requested by and Return To: Project:Terminal Reservade Rec IDAZWOGEHOW PENHALL RENTALS6729 16401 CONSTRUCTION CIR.WEST Cert 140.Retu 6309 Receipt 2435 sled IRVINE,CA 92606 Return Receipt Requested NOTICE VATE lRi o s 097,098,31111,3241&3252 at Seq. THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:OWNER 2001 JAN 2 2 P 2: 04 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials CITY OF SAN JUAN CAPISTRANO furnished or to be furnished by the undersigned: 32400 Paseo Adelanto CITY CLERK Rental Equipment San Juan Capistrano,CA 92675 SAN JUAN CAPISTRANO 2.Estimated Price:$5,000.00 TO:ORIGINAL CONTRACTOR 3.The name of the person who furnished that labor,service,equipment or OR REPUTED CONTRACTOR materials is: Gateway Pacific PENHALL RENTALS 8055 Freepact Blvd 16401 CONSTRUCTION CIR.WEST Sacramento,CA 95832 IRVINE,CA 92606.2911 TO:LENDER,SURETY OR 4.The name of the person who contracted for purchase of that labor,service, BONDING COMPANY equipment or material is: Hardy&Harper,Inc. 1312 E.Warner Ave Santa Ana,CA 92705 5.The description of the jobske is: Mission Hills-E.of Rancho Viejo Rd. San Juan Capistrano,CA 92675,in the County of Orange VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE(PRIVATE WORK) on behalf of the claimant.I have read the foregoing document and know the contents thereof;the same is true of my own knowledge.I declare under penalty of perjury under the laws of the State of California that the foregoing is Wean Heel.Executed at IRVINE,California on 0114 912 0 0 7 for PENHALL RENTALS. By Phone:(949)552.0151 Fax:(949)551.2960 DENISE DIKRANIAN,OFFICE MANAGER PROOF OF SERVICE BY MAIL AFFIDAVIT 1,DENISE DIKRANIAN declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK) By First Class Certified Return Receipt Requested or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 0111912007. 1 declare under penalty of perjuryu _ r the lam of the State of California that the foregoing is true and correct. By. DENISE DIKRANIAN,OFFICE MANAGER Exec IRVINE,California on 0111912007. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a Mechanic's Lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by(1)Requiring your contractor to fumish a signed release by the person or firm giving you this notice before making payment to your contractor,or (2)Any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwatimps containing fewer uia:Me unify, pri.a:e project ownei.must notify the onginat cornra.tor and any lien claimant who has pwvfded the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of Its recordation.Notice shall be by registered mail,certified mail, or first class mail,evidenced by a certificate of mailing.Failure to notify will extend the deadlines to record a lien. RECEIVED CALIFORNIA PRELIMINARYNOTICE IN ACCORDANCE WITH SECTION 3097 AND 309821"1. "Q.CI [ L THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR CITY CLERK SAN JUAN CAPISTRANO CONSTRUCTION LENDER YOU ARE HEREBY NOTIFIED THAT STEVE GREENE CONSTRUCTION CO. None 1876 SUNNYDALE AVE. SIMI VALLEY,CA 93065 Has famished or will furnish labor,wrvices,equipment OWNER or reputed owner Or materials of the following general description. City of San Juan Capistrano Concrete Drainage Ditches 32400 Paseo Adelanto For building structure or other Work of improvement San Juan Capistrano,CA 92675 Located at: 26861 Mission Hills Dr. ORIGINAL CONTRACTOR or reputed contractor if any San Juan Capistrano,CA 92675 Gateway Pacific Contractors,Inc. 8055 Freeport Blvd. Contracted By: Sacramento,CA 95832-9716 Gateway Pacific Contractors,Inc. 8055 Freeport Blvd. SUBCONTRACTOR with whom claimant has contracted Sacramento,CA 95832-9716 Estimated total price for the labor,services Equipment or materials furnished or to be furnished is: $78,708.50 ATTENTION: SUBCONTRACTORS Section 3097 requires that if you give this notice and you have failed to pay all compensation due to your laborers on the job,this notice shall also contain the identity and address of any laborer and any express trust fund to whom the employer payments are due. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanic's lien leading to the loss through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full.You may wish to protect yourself against this consequence by (1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making any payment to your contractor or(2)any other method or device that is appropriate under the circumstances.Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate CALIJQRNIA PRELIMINARY WTICE In accordance wit tions 3097 and 3098, California Civil Code. IS IS NOT A LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. REPUTED CONSTRUCTIO ADDIS hereby EQUIPMENT RENTAL NONE 10206 ELM AVE.,FONTANA,CA 92335 K.M%q 1001 JAN -5 P I: 59 has furnished or will furnish labor,service,equip- CITY CLERK mentor material of the following general descrip- SAN JUAN CAPISTRANO tion: HEAVY EQUIPMENT RENTAL TO WORK AS DIRECTED&TO BE OPER&MAINT for the project located at JOB#04-111 TERMINAL RES.NON 26861 REPUTED OWNER(S)/PUBLIC BODY MISSION HILLS DR.IN SAN JUAN CAPISTRANO CITY OF SAN JUAN CAPISTRANO The name of the person or firm who contracted for 32400 PASEO ADELANTO the purchase of such labor,services,equipment or SAN JUAN CAPISTRANO,CA 92675 material furnished is: LT ENG. An estimate of the total priceoft labor,services, equipment or material is: $ � NOTICE TO SUBCONTRACTORS If the notice is given by a subcontractor who has failed to pay all compensation due to his or her laborers on the job,the notice shall also contain the identity and address of any laborer and any express trust fund to whom employer payments are due. NOTICE TO PROPERTY OWNER If bills are not paid In full for the labor, services,equip- ment or materials furnished or to be furnished,a mechan- ics'lien leading tothe loss,through court foreclosure pro- ceedings,of all or part of your property being so Improved may be placed against the property even though you have REPUTED ORIGINAL CONTRACTOR paid your contractor in full.You may wish to protect your- self against this consequence by(1)requiring your con- GATEWAY PACIFIC CONTRACTORS INC. tractor to furnish a signed release by the person or firm 8055 FREEPORT BLVD. giving you this notice before making payment to your con- tractor or(2)any other method or devise that Is appro- priate under the circumstances.Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contrac- tor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of comple- tion or notice of cessation has been recorded within 10 days of Its recordation.Notice shall be by registered mail, certified mall,or first class mail,evidenced by a certifi- cate of mailing.Failure to notify will extend the deadlines to record a lien. Date: 12/ / 06 Signa t 1i C 6�\ACA Telephone: (909) 822-8282 Proof of Service Affidavit PRIVAOWORK (Section 3097.1 (c) Californti*vil Code) PUBLIC WORK (Section 3098 California Civil Code) IF BY MAIL I AMY BYERS declare: That I served copies of this Preliminary Notice by first class registered or certified or certified,return receiptltpa_,/F8sts�ge prepaid,on the lender,owner or Public Body,and original contractor at their respective addresses as shown below,on 1/"L lUU6(date) Lender NONE CITY OF SAN JUAN CAPISTRANO Owner or 32400 PASEO ADELANTO Public Body SAN JUAN CAPISTRANO,CA 92675 Original GATEWAY PACIFIC CONTRACTORS INC. Contractor 8055 FREEPORT BLVD. SACRAMENTO,CA 95832-9716 I declare under penalty of perjury,that the foregoing is true and correct. Executed on 12-28-2006a FONTANA,CA 92335 California. ate (Place of service) gnatare of person imking service) IMLIFORNIA PRELIMINARY NOTI& IN ACCORDA TH SECTION 3097 AND 3098,CALIFO A CIVIL CODE THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT.... CONSTRUCTION LENDER C E!V E D (Name oPRE-CON PRODUCTS Reputed Construction Lender, if f person or firm furnishing labor,services,equipment or material) Zllab DEC 18 A 42 - P.O. BOX 940669 (Address of person or firm furnishing labor,services, SIMI VALLEY,CA 93094 • NONE REPORTED CITY CLERK Equipment or material) • SAN JUAN CAPISTRANO • Has furnished or will furnish labor,services,equipment or • materials of the following general description: PRECAST CONCRETE PRODUCTS (General description of the labor,services,equipment or Material furnished or to be furnished) OWNER or PUBLIC AGENCY For the building, structure or other work of improvement Or Reputed Owner (on public work) (On private work) Located at: JOB #4082 Terminal Reservoir# 3 (Address or description of job site 26861 Mission Hills Dr./27151 Highland Dr. San Juan Capistrano,CA 92675 • CITY OF SAN JUAN CAPISTRANO Sufficient for identification) • 32400 PASEO ADELANTO • SAN JUAN CAPISTRANO The name of the person or firm who contracted for the • CA 92675 Purchase of such labor,services,equipment or material is: GATEWAY PACIFIC CONT. INC. ORIGINAL CONTRACTOR or Reputed Contractor,if any An estimate of the total price of the labor,services $ 2,500.00 • GATEWAY PACIFIC CONTRACTORS, INC Trust Funds to which Supplemental Fringe Benefits are • 8055 FREEPORT BLVD. Payable. (Material men not required to furnish) • SACRAMENTO • CA 95832-9716 (Name) (Address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment, or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of SUBCONTRACTOR with whom Claimant all or part of your property being so improved may be placed Has contracted against the property even though you have paid your contractor in full.You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a • signed release by the person or firm giving you this notice • SAME AS ORIGINAL before making payment to your contractor or(2)any other method or device that is appropriate under the circumstances. • ed: 12-05-06 I J — � ig80 title cct. ax 805-579-0544 J�vwone 805-527-0841 EXT.495 0 0 File No:966[CAJ(PUBLIC]p Customer:APPLIED ROOF ENGINEERING Recording Requested by and Return To: Project:TERMINAL RESERVOIR NO.3 Rao ID:1YN104FVF A.L.L./ALLIED 14390 NE 200TH ST. WOODINVILLE,WA 98072 [Job No:06-1117821 PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) California Civil Code Sections 3098,3111,3241&3252 at Seq. THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipmenl or materials CITY OF SAN JUAN CAPISTRANO furnished or to be furnished by the undersigned: 32400 PASEO ADELANTO BUILDING MATERIALS San Juan Capistrano,CA 92675 2.Estimated Price:$1,000.00 TO:ORIGINAL CONTRACTOR 3.The name of the person who furnished that labor,service,equipment or OR REPUTED CONTRACTOR materials is: GATEWAY PACIFIC CONTRACTORS,INC. A.L.L./ALLIED 8055 FREEPORT BLVD. 14390 NE 200TH ST. Sacramento,CA 95832-9716 WOODINVILLE.WA 98072 TO:LENDER,SURETY OR 4.The name of the person who contracted for purchase of that labor,service, BONDING COMPANY equipment or material is: APPLIED ROOF ENGINEERING 211 PEARL ST./P.O.BOX 1384 Corona,CA 92878-1384 5.The description of the jobsite is: TERMINAL RESERVOIR NO.3 26861 MISSION HILLS DR. San Juan Capistrano,CA ,in the County of Orange REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY:CITY OF SAN JUAN CAPISTRANO or State Comptroller The undersigned claimant hereby declares that he has supplied labor or materials as described above,that payment has not yet been made therefore,and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any,to the claimant,at the address listed above, and the current address of the contracting public entity. VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) on behalf of the claimant.I have read the foregoing document and know the contents thereof;the same is true of my own knowledge.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and coned. Execute A YSVILLE,Washington on 12/08/2006 for A.L.L./ALLIED. By: Phone:(425)487-1876 C MCCRARY,AGENT PROOF OF SERVICE BY MAIL AFFIDAVIT I,C MCCRARY declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) By First Class Certified and/or Return Receipt Requested or Registered Mail service,postage prepaid,(as required by law)addressed to each of the parties at the addresses shown above on 12108/2006. 1 declare under penalty of perjury and AB laws fine tate of Califomia that the foregoing is true and correct. By; I C MCCRARY,AGENT Executed a R ILL , as1 i0 on on 12 /2006. V NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undersigaed has entered into a contract to perform labor or furnish materials for the above-described public project,and will look to you and your suretie fir paymethe personordering such materials and labor fails to pay for them. _ CcsM C--*z-' 0 M n n -r y.Z7 tJ M Odav o o S THIS IS NOT A LIEN. THIS NOTICE IS EN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. C- b I �L g q 0 8312 1716 6024 K83584 217166 2Wb OLC �u A YOU ARE HEREBY NOTIFIED THAT... OWNER or Reputed Owner(on private work) CLER )( D RENTALS NORTHWEST INC 7068 or PUBLIC AGENCY(on public work) y � CAPISTRA IRVINE #aoo 949-443-6366 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO has fumished or will furnish labor,services,equipment or SAN JUAN CAPISTRANO CA 92675 materials of the following general description: RENTAL EQUIPMENT CONSTRUCTION LENDER or Reputed Construction Lender,if any. for the building,structure or other work of improvement located at: "TERMINAL RESERVOIR#3" NONE/BOND#104328759BOND CO: 26861 MISSION HILLS DR TRAVELERS CASUALTY&SURETY CO SAN JUAN CAPISTRANO HILLS CA OF AMERICA SUB PO# 5804 ONE TOWER SQUARE SUB JOB#04-111 HARTFORD CT 06183 GC JOB#4082 ORIGINAL CONTRACTOR or 03 Reputed Contractor,if any. An estimate of the total price of the labor,services, equipment or materials furnished or to be furnished is: 916-665-0100 GATEWAY PACIFIC CONTRACTORS INC $ 10,000.00 8055 FREEPORT BLVD Trust Funds to which Supplemental Fringe Benefits SACRAMENTO CA 95832-9716 are payable: SUB CONTRACTOR/person or firm who contracted for the purchase of such labor,services,equipment or materials is: 949-367-1941 LT EXCAVATING INC 27601 FORBES RD#54 LAGUNA NIGUEL CA 92677 BY: C1/l &(AMI& Agent Dated: 11/30/2006 (Signature) (Title) 4 L NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT I,Cindee Wood,declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK/PUBLIC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 11/30/2006. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. BY: 1 (A)PM(Y Cindee Wood, Agent Executed at SAN DIEGO,California on 11/30/2006. This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Suite 200,San Diego CA 92123(800)854-2100,FAX(858)560-7626 CALIFAW PRELIMINARY 20-DA OTICE USE PROOF OF SERVICE AFFIDAVIT OF CALIFORNIA PRELIMINARY 20-DAY NOTICE ON REVERSE SIDE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE CONSTRUCTION LENDER or YOU ARE HEREBY NOTIFIED THAT... W Reputed Construction e y LL REC91 -' 7 NCi IV.. - N - In - - R ;r' Name aou address of person or lfrtn-seller a Q 06iT Y 66€RE( Has furnished or will furnish labor, services, equipment or materials of F- SAN JUAN CAPISTRANO the following general description: Qcompany and/OF mdnldgal f rine and address z OWNER or Reputed Owner (on private work) ) 1 "- `''T " 'r O Or PUBLIC AGENCY (on public work) General descnol On of he few,seances,equipment or materials wmisbed or to oe tumssned U For the building,structure or other work of improvement located at: m 1 IN ir O J Ati Z < U .-1UAh A'S T ++!�.Je CA - —' 7`-� Address or dewoptob of pb me suncfent to,Eer1INlGarion W 0 The name of the person or lino who contracted for the purchase of .� J such labor,services,equipment or material: O Cnmpany nd�or lMroot fl I Erle and address , Ir Construction loan no. (if known) O ~ An estimate of the total price of the labor,services,equipment or ORIGINAL CONTRACTOR or Reputed Contractor if any materials furnished or to be furnished is: ir Z g i t7 O Tctr!b,Y I-A t i� �.;`,T a : i:`.`: . The person or firth giving this notice is required. pursuant to a U collective bargaining agreement, to pay supplemental fringe benefits -J 3 Q'i:o f'R E P r'RT ,.4 V i0 , into an express trust fund (described in Civil Code§3111), said fund is .9 identified as follows:(strike if inapplicable) Q Name A Q company anNor IMrvqual I Llle and address Z Address W 2) Lu SUBCONTRACTOR with whom claimant has contracted Name C7 Aaeress U _T FN S TF.i�:.' 3) Z - Name 'cl-=,'-17 _G;,'..t -�ij Address .. Q ' NOTICE TO PROPERTY OWNER m (This Notice applies to Private Works Only) Company and/or Inanadal l Title all address If bills are not paid in full for the labor, services, equipment, or d materials furnished or to be furnished, a mechanics' lien leading Ir (PLEASE NOTE REVERSE SIDE) to the loss, through court foreclosure proceedings, of all or part Z of your property being so improved may be placed against the property even though you have paid your contractor in full. You 1 a ainst this consequence b may wish to protect yourself g eq Y ( ) , lai ,91,A'� Ct1�C' requiring your contractor to furnish a signed release by the Z P-1 Name person or firm giving you this notice before making payment to d your contractor, or (2) any other method or device that is appropriate under the circumstances. "` ' °l' -^' t Other than residential homeowners of dwellings containing fewer w l y Tale t`d,., ; ... than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with Z a preliminary 20-day lien notice in accordance with Section 3097 Autograph of the Civil Code that a notice of completion or notice of 1 A.1 �/' cessation has been recorded within 10 days of its recordation. F- Date Notice shall be by registered mail, certified mail, or first-class 'F mail, evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. 02003 WOLCOTTS FORMS, INC. Wolcotls Forms,our resellers and agents make no re anta ions or ( �\ 1`\(yam IIIIIIIII I II II VIII III warranty,express or implied,as to the fitness of this form for any L specific use or purpose. If you have any question,it is always best to 7 (II67775 01511 9 consult a qualified attorney before using this or any legal document. #1511 REV.3-05 CALIFORNI920-DAY PRELIMINARY WTICE (CALIFORNIA CIVIL CODE SECTIONS 3097, 3098, 3111, 3241 & 3252 THIS IS NOT A LIEN) THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR Date: 11/10/06 RECEIVED Preliminary Notice No. 22587 YOU ARE HEREBY NOTIFIED THAT THE LENDER, SURETY OR BONDING COMPANY RAIN FOR RENT 36TpIjAVELERS CASUALTY & 'SURETY CO 6400 FICHER ROAD 2006 NOV 13 P 1. 30F AMERICA RIVERSIDE, CA 92507 �1IY ERK OHNE TOWER SQUARE has furnished or will furnish laLL}}pp��ul�,$Fi`r" p�STRANUTFORD, CT 6183 equipment or materials of the fol'.1�& ��"" description: TANKS, FITTING, PUMPS, LABOR OWNER OR REPUTED OWNER: for the building structure or other work CITY OF SAN JUAN CAPISTRANO of improvement located at: TERMINAL RESERVOIR #3 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 26861 MISSION HILLS DR(362873) SAN JUAN CAPISTRANO, CA 92675 GENERAL CONTRACTOR OR REPUTED GENERAL CONTRACTOR GATEWAY PACIFIC CONTRACTORS County ORANGE Name and address of person or firm who 8055 FREEPORT BLVD contracted for purchase of such labor, SACRAMENTO, CA 95832 services, equipment or materials is: GATEWAY PACIFIC CONTRACTORS PROOF OF SERVICE AFFIDAVIT 8055 FREEPORT BLVD I declare that I served a copy of the above SACRAMENTO, CA 95832 notice by first-class registered or certified mail, postage prepaid addressed to each of the An estimate of the total price of the labor, persons at the addresses stated above. services, equipment or material is: I declare under penalty of perjury that the �.,i eyCi.iy i0 ..L— 13 ..viic..C. 35000.00 Executed at Oakdale, CA 95361 By: Joseph W. Dimiceli NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished, mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor; or(2) any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units, private projects owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or a notice of cessation has been recorded within 10 days of its recordation. Notice shall be by regerstered mail, certified mail or first class mail, evidenced by a certificate of mailing.Failure to notify will extend the deadline to record a lien. CONTRACTOR PUBLIC WORKS Please furnish certified copy of Payment Bond or Surety Bond if any to the Claimant, Controller y or state. J�35 Copyright © Construction ayment S vices,"991, 1997, 1999, 2001 &2003 All Rights Reserved. ■ co Restrimplete items 1,iz, ono a. Also wmptete item a if CERTIFIED MAIL CALIFORNIA PRELIMINARY NOTICE cted Delivery s desired. ■ Print your name and address on the reverse so that we - can return the card to you. In accordance with sections 3097 and 3098, California ; ! Civil Code THIS IS NOT A LIEN. This is NOT a reflection ifs ace ■ Attach th'ipermits.scaNto the back of the mailpiece,or on the front On the integrity Of any contractor Or subcontractor. ac '.Article Addreasad ro' You are hereby notified that has furnished or will furnish labor,service,equipment or material of the following general description: for building structure,or other work of improvement located at . . _ The name of the person or firm who contracted for the purchase of such labor,services,equipment or material furnished is m An estimate of the total price of the labor,services,equipment or material is I'r 2.Artkle Number , , i � 7180 8583 3220 0367 4667 NOTICE TO PROPERTY OWNER m N bills are not paid in full forthe labor,services,equipment,or materials furnished or to be furnisin,, Amillilvo • • a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of yo:r Neived by(Please Print Gfi .Date of 'very property being so improved may be placed against the property even though you have paid Y.,- contractor ._contractor in full.You may wish to protect yourself against this consequence by(1)requiring yo> .y !--' I conUador to furnish a signed release by the person or firm giving you this notice before mak,.� : _ - l payment to your contractor,or(2)any other method or device that is appropriate under C.Signature - ; circumstances.Other than residential homeowners of dwellings contamingfewerthanhveumts,:;- ¢ ,.� vale project owners must notify the original contractor and any lien claimant who has provided tl W owner with a preliminary 20-day lien notice in accordance with Section 30 X97 of the Clvll Code the a I �- rfddressee notice of completion of notice of cessation has been recorded within 10 days of its record., ¢ D.is delivery addressniteml� � l � Noticeshall be by registered mail,certified mail,orfirstslassmail,evidenced byacertificate ofmai: - y If VES,enter delivery aadddd low: G .T�< ing.Failure to notify will extend the deadlines to record a lien. Ecc 3.Service Type X Certified Mail ❑ Express Mail El Registered!Registered ❑Return Receipt for Merchandise rLL ❑ insured Mail ❑O.O.D. a 4NW�:W:D:E�Oivery? ra Feel El yes THIS IS NOT A LIEN. THIS NOTICE IS GIVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE, THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF 1111111111111111111111111111 ANY CONTRACTOR OR SUBCONTRACTOR. 71 i'1"]1RF ME11) 9052 8024 ]1PfB® �tlL3 162425 190528 Y9A6 SEP 2 A RI=BY NOTIFIEDTHAT... CITY CLE X CONSTRUCTION MATERIALS LP 7378 OW NER or Reputed owner(on private work) � J U A N C Q p120 or PUBLIC AGENCY(on public work) CA 91761-1067 949-443-6366 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO has furnished or will furnish labor,services,equipment or SAN JUAN CAPISTRANO CA 92675 materials of the following general description: 33683351 READY MIX CONCRETE, SAND AND GRAVEL CONSTRUCTION LENDER or Reputed Construction Lender,if any. for the building,structure or other work of improvement located at: "6.0 MG TERMINAL RESERVOIR NO 3" NONE/BOND#104328759/BOND CO: 26861 MISSION HILLS TRAVELERS CASUALTY&SURETY CO SAN JUAN CAPISTRANO CA OF AMERICA GC JOB#4082 ONE TOWER SQUARE HARTFORD CT 06183 ORIGINAL CONTRACTOR or 03 Reputed Contractor,if any. An estimate of the total price of the labor,services, equipment or materials furnished or to be furnished is: 916-6654100 GATEWAY PACIFIC CONTRACTORS INC $30,000.00 8055 FREEPORT BLVD Trust Funds to which Supplemental Fringe Benefits SACRAMENTO CA 95832-9716 are payable: SUB CONTRACTOR/person or firm who contracted for the purchase of such labor,services,equipment or materials is: 6191140-8181 DYK INCORPORATED P O BOX 696 EL CAJON CA 92022 BY' W__&^ AjNAgent Dated: 09/22/2006 � (Signature) (title) R NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 9097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT I,Cindee Wood,declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORKIPUBLIC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 0912212006. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.r BY: l 1 Il) a)LYYQ Cindee Wood, Agent Executed at SAN DIEGO,California on 0912212006. This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Suite 200,Sen Diego CA 92123(800)854-2100,FAX(858)560-7626 • A i / " ST SAND AND GRAVEL 1 c,ANTA ANA _ 1780 TEMESCAL CANYON RD S ? " )ORONA,CA 92883 " AUG 2006- 710'] 0 710!7 6 6 130 3772 RE "QtlEIR i@,E9YESTED CITY CLUK CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 ___-_. . -- -' - - flrinn�rlrljuletr�rlrle:rl�u�Iee�In:ltlfl�I:u�Irrllfrr� P'KEUMINAR Lu-DKf• NOTICE (P RiVA i E WORK (California Civil Code Sections 3097, 3111, 3241 -3252 at Seq.) *****GENERAL CONTRACTOR***** *****LENDER/SURETY***** GATEWAY PACIFIC CONTRACTORS INC NONE 8055 FREEPORT BLVD SACRAMENTO, CA 95832 ****CUSTOMER***** *****OWNER/REPUTED OWNER***** GATEWAY PACIFIC CONTRACTORS INC CITY OF SAN JUAN CAPISTRANO 8055 FREEPORT BLVD 32400 PASEO ADELANTO SACRAMENTO, CA 95832 SAN JUAN CAPISTRANO, CA 92675 You are hereby notified that FST SAND AND GRAVEL has furnished or will furnish labor, service, equipment or material of is following general description: for the building structure or other work of improvement known as REF#4082 TERN RES. 3 .AN JUAN CAPISTRANO project, located at, CA. The name of the person or firm who contracted for the purchase of such labor, services, or material is GATEWAY PACIFIC :ONTRACTORS INC,8055 FREEPORT BLVD, SACRAMENTO, CA 95832. An estimate of the total price of the labor, services, equipment or material is NOTICE TO PROPERTY OWNER f bills are not paid in full for the labor, services,equipment or materials furnished or to be furnished, a mechanic's ___-an teading to the loss.through court foreclosure proceedings, of all or part of your property being so improved may. be - rlaced against the property even though you have paid your contractor in full. You may wish to protect yourself against this .onsequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, or(2)any other method or device that is appropriate under the circumstances. Other than esidential homeowners of dwellings containing fewer than five units, private project owners must notify the original ontractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section .097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its ecordation. Notice shall be by registered mail, certified mail, or first class mail, evidenced by a certificate of nailing. Fail re to notify will extend the deadlines to record a lien. rrepar€d for FST ND AND GRAVEL, 21780 TEMESCAL CANYON RD, CORONA, CA 92883, NNIFER MO Date Prepared: 08/22/2006 SSI Telephone: (951)277-8440 Program pyrig rank W.Moore. All Rights Reserved. (916)941-9961 Fortes Copyright Pettit Manifold Forms, All Right Reserved. (600)4206767 �( �� , -�z -�� File: 320444 (CA PB) Owner Customer: PACIFIC�ROTECH CORP Notice J;equested by: RetNum: 160780 Trench Plate Rental Company Job Name: SOUTH TERMINAL RESERVIOR-JOB4C518 13217 Laureldale Ave. Job#: C518 Downey,CA 90242 805-527-1300 }l{�,��Vq Cert#: 7179 1380 3630 0128 9392 _ T�NHKY f-- Y --- - E -- -- 20—DAY NOTICE (P BLI WORK) U I0� AU(i i & ' This is not a lien.This is not a reflection on the integrity of any contractor or subcontractor, but the notice prfeeMo California Civil Code section 3098 SAN JUAN CAPISTRANO TO THE OWNER OR REPUTED OWNER 1.The following is a general description of the labor,service. CITY OF SAN JUAN CAPISTRANO equipment or materials furnished or to be famished by the 32400 PASEO ADELANTO undersigned: SAN JUAN CAPISTRANO,CA 92675 Construction Rental Equipment and Labor 2. Estimated Price: $4,500.00 3.The name of the person who furnished that labor,service,equipment or materials is: TO THE ORIGINAL OR REPUTED CONTRACTOR Trench Plate Rental Company PACIFIC HYDROTECH CORP 13217 Laureldale Ave. 314 E 3RD ST Downey,CA 90242 805-527-1300 PERRIS,CA 92570 4.Date labor,service,equipment or materials first furnished 7/25/2006 (951)943-8803 5.The name of the person who contracted for purchase of that labor, service,equipment or material is: TO THE LENDER/SURETY OR REPUTED LENDER/SURETY PACIFIC HYDROTECH CORP 314E 3RD ST PERRIS,CA 92570 Bond/Loan# 6.The description of the jobsite is: SOUTH TERMINAL RESERVIOR-JOB#C518#C518 27271 CALLE DELGADO,MAP PG 972 GRID D4 See Exibit B for additional legal parties. SAN JUAN CAPISTRANO,CA 92675 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished, a mechanics' lien leading to the loss,through court foreclosure proceedings of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against the consequence by(1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractors, or(2)any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded with 10 days of its recordation.Notice shall be by registered mail,certified mail,or first class mail, evidenced by a certificate of mailing.Failure to notify will extend the deadlines to record a lien. Dated:08/08/06 By: Laura Pavey/CRF Solutions Authorized Agent For: Trench Plate Rental Company PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above named parties,at the addresses listed above,on 08/08/06. I declare under penalty of perjury that the foregoing is true and correct.Executed at Simi Valley,CA on 08/08/06. By. Laura Pavey/Lien Administrator EXIBIT B - OTHER LEGAL PARTIES PROJECT: SOUTH TERMINAL RESERVIOR-JOB#C518 OTHER OWNER OTHER CONTRACTOR OTHER SURETY / LENDER SJD PARTNER,LTD 5109 E LA PALMA AVE - - ----- ----- __ _- ------- ---- -- ANAHEIM CA 92807 71791380363001289392 8/9/2006 CITY OF SAN JUAN CAPISTRANO 320444 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 IMPORTANT NOTICE PLEASE READ CAREFULLY Enclosed you will find a notice that is being sent to you on behalf of Trench Plate Rental Company in regards to the construction project known as SOUTH TERMINAL RESERVIOR-JOB#C518 C518 and located at 27271 CALLE DELGADO MAP PG 972 GRID D4, SAN JUAN CAPISTRANO, CA 92675. It is important to note that this notice is not a lien. This is a routine procedure to comply with certain state requirements that may exist and should not reflect in any way on the integrity or credit standing of any of the known interested parties associated with this job. If any information is incorrect, or if you are not associated with this job, please do not hesitate to contact Trench Plate Rental Company at 805-527-1300. 'OLIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code. THIS IS NOT A LIEN. TT�his is NOT a reflection on the integrity of any ctor or subcontractor. 7104 0343 3860 0469 2356 RECEI HAWTHORNEMACHINERY COMPANY T4 C INO SAN BERNARDO AM I L) I O,CA 92127-2499 BPCITY CLERK CITY OF SAN JUAN CAPISTRANO No: 2047837 SAN JUAN CAPASSMW CHECK REQUESTED ** 32400 PASEO ADELANTO RETURN RECEIPT SAN JUAN CAPISTRANO CA 92675 Bildrs No.2047837 7104 0343 3860 0469 2356 You are hereby notified that HAWTHORNS MACHINERY COMPANY has furnished or will furnish labor, services,equipment or materials of the following general description: HEAVY DUTY EQUIPMENT RENTAL located at: TERMINAL RESERVOIR N0.3, Job#4082, 26861 MISSION HILLS DR, SAN JUAN CAPISTRANO, CA, ORANGE COUNTY The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: GATEWAYPACIFIC CONTRACTORSINC, 1314570, Job#4082 An estimate of total price of the labor, services, equipment or materials furnished or to be furnished is$5,000 Owner: CITY OF SAN JUAN CAPISTRANO,32400 PASEO ADELANTO,SAN JUAN CAPISTRANO CA 92675 Orig Comr:GATEWAY PACIFIC CONTRACTORS INC,8055 FREEPORT BLVD,SACRAMENTO CA 95832-9716 Lender:None Surety:TRAVELERS CASUALTY&SURETY CO OF AMERICA,ONE TOWER SQUARE,HARTFORD CT 06183,Bond# 104328759 Customer: GATEWAY PACIFIC CONTRACTORS INC, 1314570,Job,14082,8055 FREEPORT BLVD,SACRAMENTO CA 95832-9716 Job No:468362 NOTICE TO PROPERTY OWNER eicnaeraesENrnrrvs 09/10/2006 If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanics' lien leading to the loss,through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first-class mail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lie �/' {I1// Form revised 4106 yr N ACCORDANCE WITH SECTIONS 3097 AND 3098, °.?r (St}A.:S"f�79"i"ls'''-•"C}^F• �•-. CALIFORNIA CIVIL CODE THIS IS NOT A L)EN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY - - } " :ONTRACTOR OR SUBCONTRACTOR. 'OU ARE HEREBY NOTIFIED THAT- J k'�* y., vlsaa' •, .s.•• r C lii NAME AND ADDRESS OF PERSON OR FIRM FURNISHING LABOR,SERVICES,EQUIP.OR MATERIALS hes furs shed or wilt furnish labor, services equipment or CALIFORNIA PRELIMINARY NOTICE materials of the following descr:p6on: C n 1 (ENDER(REPUTED_) ORIGINAL COtCTO EP ) Itis ri + is [ r Ix f etw fn;1;t'r r.�} Ntttst: t�a�'i '+3F' tt.1) F'P`itlf C 1 . hi*a )? f ! tCrr,'if~e 1. abrlr / 14 F ?.T QC:_I G 1-'T �'T) r{t�.ipmt?ttt/ ( aC.k=['r„t C: ry�t r rt01a t r” OWNER(REPUTED)OR PUBLIC AGENCY SUBCONTRAC' ITH OM"MANT CONTRACTED W buftrip,structure or ewer ul of impinceI `'focetgi� .`•,t"T ty `�F' SfW J 1irw d:wo,. 3.IT.R14TNAL. RE'SE.RVI'OR ?�) PA4.FC) APFL.FNto � 1' )> Z7 (W.I.r- I>t_t_R-ww)n SAN JIJAW CAPTST CA 92.675 p O 3AN JUAN CAPIS,T T.C.N. # 256067 !'rant no.J•Nf. oqo Name of person or firm who contracted for purchase of such labor,seMces,equipmera or materials is: TART)'{ :d HAPPER ]S12 E WARNER yANTA Ai{!ia Cl 1705 CPN PREPARED BY: An estimate of the total price of the labor,services,egWp rfult or material Is 8 SIGNATURE: 7-,}91.2..OR TO: 'L_E'ASEf ' '!,11JU: JOINT CHI-AWS � Trust funds to which supplemental rings benefits are C,C,TY OT' )Tfaf� JUAN CAF'. Payable. ,2400 PASCO AIWLAN)O E t�P f JUAN CAP 18 V ('A 9216 75 CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE***THIS IS NOT A LIEN.***THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. NOTICE IS HEREBY GIVEN that: OWNER OR REEUIE12 OWNER OR PI IRLIC AGENCY ROBERTSON' S CITY OF SAN JUAN CAPIST. 200 S MAIN ST 32400 PASEO ADELANTO CORONA CA 92878 SAN JUAN CAPISTCAN92675 (951) 685-2200 Has or will Furnish labor,services,equipment,or materials,generally described as: LENDER R OR REELITEII LENDER READY MIX CONCRETE, ROCK & SAND To be furnished or furnished for the building,structure or the work of improvement described as follows: 26861 MISSION HILLS BLVD SAN JUAN CAPISTRANO J.C .N. # 050930 ORIGINA OR RFMITED ORIGINAL ONT A R Tract No . Lot No .ALL/TERM RSVR NO. 3 GATEWAY PACIFIC CONTR, Cert Num: 21238964 8055 FREEPORT BLVD SACRAMENTO CA 95832-9716 Name of Person or Firm who contracted for purchase of the labor,services, equipment,or materials is: yATF.WAY PACIFIC CONTRA_CTR SUBCONTRACTOR with whom claimant has contracted 8055 FREEPORT BLVD. SACRAMENTO CA 95832 An estimate of the total price of said labor,services,equipment or materials is: 58, 911 . 24 50 NOTIFIED TENANT OR BONDINGACENT ***NOTICE TO PROPERTY OWNER*** IF BILLS ARE NOT PAID IN FULL FOR THE LABOR SERVICES EQUIPMENT OR MATERIALS FURNISHED OR TO BE FURNISHED A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH 6OURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR ((2 ANY OTHER METHOD OR DEVICE THAT IS AdPRO P�IATE UNDER THE CIRCUMSTANCES.OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS PRIVATE PROJECT OWNERS MUST NOTIFY THE OROIWAL CONTRACTOR AN ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20- DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE REGISTERED MAIL CERTIFIED MAIL, OR FIRST-CLASS MAIL, EVIDENCE Bpi CERTIFICATE OF MAILING. FAILURE TO NN�OTIFY WILL EXTEND THE DEALINES TO RECORD A L'M'TED: 02/13/2006 Dom: ITA D VIDANA BA� � *****PLEASE ISSUE JOINT CHECK*****( ROBERTSON'S 4 PO. BOX 3600 CORONA, CA 92878-3600 "4316690 $ 02.790 t MAILED FR0m zp Gr ,DF_ 7108 1176 8852 1238 9643 IMPORTANT: CALIFORNIA PRELIMINARY NOTICE CITY OF SAN JUAN CAPIST. 32400 PASEO ADELANTO SAN JUAN CAPIST CA 92675 -_ ' _S 3 6 0' ...�� ' III�I11:'i 'I�Ifl�l ll'�11��11"11111'll"111��111'llill 80710 050930 IF CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE...THN A I�[EN"%KNOT A REFLECTION ON THE INTE OR SUBCONTRACTOR. NOTICE IS HEREBY GIVEN that: SAI) k' " 7 OWNER OR REPUTED OWNER OR PUBLIC AGENCY ROBERTSON' S CITY OF SAN JUAN CAPIST. 200 S MAIN ST 32400 PASEO ADELANTO CORONA CA 92878 SAN JUAN CAPISTCAN92675 (951) 685-2200 Has or will Furnish labor,services,equipment,or materials,generally described as: LENDER OR REPUTED LENDER READY MIX CONCRETE, ROCK & SAND +.. To be furnished or furnished for the building,structure or the work of improvement described as follows: 26861 MISSION HILLS BLVD SAN JUAN CAPISTRANO J.C .N. # 050930 ORIGINAL OR REPUTED ORIGINAL CONTRACTOR Tract No . Lot No.ALL/TERM RSVR NO. 3 GATEWAY PACIFIC CONTR, Cert Num: 21261475 8055 FREEPORT BLVD SACRAMENTO CA 95832-9716 Name of Penson or Firm who contracted for purchase of the labor,services, equipment,or materials is: GATEWAY PACIFIC CONTRACTR SUBCONTRACTOR with whom claimant has contracted 8055 FREEPORT BLVD. SACRAMENTO CA 95832 As estimate of the total price of said labor,services,equipment or materials is: 235, 838 . 90 ALSO NOTIFIED TENANT OR BONDING AGENT ***NOTICE TO PROPERTY OWNER*** IF BILLS ARE NOT PAID IN FULL FOR THE LABOR SERVICES EQUIPMENT OR MATERIALS FURNISHED Od TO BE FUMISHED A MkCHANIC'S LIEN LEADING TO THE LOSSTHROUGH ROUFOURRALOATOPOPERTYEIPROCEEDINGS IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (7) REOUIRING YOUR CONTRACTOR TO FURNISH A 81 NED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE B�pp FORE MAKING METHOD TOR DEVICE CONTRACTOR, IS APPROp APPROPRIATE HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AN ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20- DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTII,CE SHALL BE BY TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE MAILSEVIIDENCE B7' CERTIFIED OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LI TED: 06/30/2006 DA EDITH RAMOS *****PLEASE ISSUE JOINT CHECKS***** BY -71'51 OU '�S CALARNIA PRELIMINARAOTICE THIS IS NOT A LIEN.THIS NOTICE IS GIVEN PURSUANT SECTION 3097 AND 3098 CALIF CIVIC CODE. DATE 19 --'d7 -05 DESCRIPTION OF MATERIALS V,ql `J1=; , P rPt-9 :_c F 'f I I I NT") —� YOU ARE HEREBY NOTIFIED: THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL AS ABOVE. INDIVIDUAL OR FIRM: ADDRESS OF BUILDING,STRUCTURE.WORK.OR IMPROVEMENT BELOW (SRUf N`(IF R & COMPANY 1' ' 0 ' HOX 8408? f l RMJ NAI l NAYWAf70 , CA '3 LJO 26861 MSSS:LON Hfl_L'i OR I ?77 ',7J 111TH[ AND DR BY. OJNJ" W (111'(Ai li (slcNnI URE( ('R11) 1T MANAOFR 10 07- 0C, SAN JUAN CAPISTRAN0 CP. (TITLE) (DATE) CITY STATE ZIP THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF. SUCH LABOR, SERVICE, EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER (IATF.6JAY 1'111('TFLC R1VFR13101 IF BILLS ARE NOT PAID IN FULL FOR THE IS: LABOR, SERVICES, EQUIPMENT, OR MATERIALS SOU f ill 104 (: A l -I F U R N J A D f V ! �.J ON FURNISHED OR TO BE FURNISHED, A MECHANIC'S R 0'i 5 F R E E P O R T B L V D LIEN LEADING TO THE LOSS, THROUGH COURT A C R A M E N I O CA 9,1,8,111 FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE TO: CITY OF SAN .JUAN (,A P [S T R A N O PLACED AGAINST THE PROPERTY EVEN THOUGH 12400 P A S F O A D t I A N T 0 YOU HAVE PAID YOUR CONTRACTOR IN FULL, YOU OWNER OR MAY WISH TO PROTECT YOURSELF AGAINST THIS REPUTED OWNER S .J C A P T5 TR A N 0 C A 92 6 7'i CONSEQUENCE BY(1)REQUIRING YOUR CONTRAC- OR TOR TO FURNISH A SIGNED RELEASE BY THE PUBLIC ENTITY PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE TO: G A T F WAY P A C I F:[ (' F RE S N 11 MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ORIGINAL fl 0 5"3 FRF.I- [ ANY OTHER METHOD OR DEVICE THAT IS APPRO- CONTRACTOfl OR REPUTED SACRAMEN!l0 C:A 958;37- 97J f, PRIATE UNDER THE CIRCUMSTANCES. CONTRACTOR (THIS STATEMENT APPLICABLE TO PRIVATE WORKS ONLY) -FO. ESTIMATED TOTAL PRICE OF THE LABOR,SERVICES. SUB EQUIPMENT OR MATERIALS DESCRIBED HEREON. CONTRACTOR N � OR REPUTED ;,( (, - -N SUB CONTRACTORrn ccs 0 TO: CTT`r OF .SAN .JUAN CAPTSTRANO 2–< N m coNSE�aDuoRTON ,3?A00 I) F 0 APF I A N T 0 OR REPUTED 8 ..1 CAPT$TRt1N0 CA �)2675 CONSTRUCTION N. m LENDER PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 CALIFORNIA CIVIL CODE) Z N CO D I, 111-PIT 1.)1 N T C 11 declare that 1 served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) ❑By personally delivering copies to AT on at m. (b) �]By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on 10- 07 -05 I declare under the penalty of perjury that the foregoing is true and correct. Signed at 1jirolw RO California, on 10 0 0' (ATTACH RECEIPT OF CERTIFIED OR REGISTERED MAIL WH N RETURNED) DE ly( SIGNATURE OF PERSON MAKING SERVICE ENDEh`COPY CALIFONIA PRELIMINAFI ( NOTICE YOUR ATTENTION IS DIRECTED TO SECTION 3097,3098 AND 3111,CALIFORNIA CUSTOMER I GATEWAY PACIFIC CIVIL CODE WHICH REQUIRES US TO NOTIFY YOU"THAT IF BILLS ARE NOT PAID IN 6763 FULL FOR LABOR,SERVICES,EQUIPMENT OR MATERIALS FURNISHED,OR TO BE Notice No. FURNISHED,THE IMPROVED PROPERTY(WHICH IS DESCRIBED HEREON)MAY BE SUBJECT TO MECHANICS'LIENS".THIS STATEMENT IS APPLICABLE TO PRIVATE YOU ARE HEREBY NOTIFIED THAT.. WORKONLY. CONSTRUCTION LENDER or Saddleback Materials Company, Inc Reputed Construction Lender,if any. 20712 Indian Ocean Drive Lake Forest,CA 92630 (949)837-7263 NONE REPORTED (949)583-9318 Fax Has furnished or will fumish labor, services equipment or materials of the following general description: SANDBAGS For the building, structure or of work or rove locatatl at: 26861 MISSION HILLS Ikn zo Certified Mail:N/A SAN JUAN CAPISTRAN4E—mac t? OWNER PUBLICAGENCY D� o' or Reputed Owner or on public work BOND#104328759 -ar (onprivatework) ja M A CITY OF SAN JUAN CAPISTRANO JOB X082 = ro 207035 0 32400 PASEOADELANTO An estimate of the total price of labor, services,equipment SAN JUAN CAPISTRANO,CA 92675 or materials furnished or to be furnished is: $853.38 Proof of Service Affidavit Certified Mail:917108 2133 3931 4476 6752 I, K. LINDSAY declare that I served copies of the above ORIGINAL CONTRACTOR or PRELIMINARY NOTICE by first class certified or regis- Reputed Contractor,if any. tered mail service,postage prepaid,addressed to the fol- lowing parties at the addresses listed on this notice. GATEWAY PACIFIC CONTRACTORS I declare under penalty of perjury that the foregoing is true 8055 FREEPORT BLVD. and correct. SACRAMENTO,CA 95832-9716 By. Signa ure K. LINDSAY 11-10-05 TiOe Date Certified Mail:91 7108 2133 3931 4476 6745 NOTTCE TO PROPERTYOWNER: SUBCONTRACTOR/person or firm who IFBH.LSARE NOT PAID IN FULLFORTHE LABOR,SERVICESEQUIP- MENT OR MATERIALS FURNISHED OR TO BE FURNISHED,A contracted111 meat Or material IS: MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT services,a p FORECLOSURE PROCEEDINGS,OFALLORPART OFYOURPROP- ERTYBEINGSO IMPROVED MAYBE PLACEDAGAINSTTHE PROP- ERTY ROP- ERT IN EN FULL.YOU MAY U HAVE WISH OURSE CONTRAC- TOR ONTRAC- GLS , TORIN FULL.YOU MAY WI6H TO PROTECT YOURSELFAGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING J YOU THISNOTICEBEFORE MAIONGPAYMENTTOYOURCONTRAC- EAS ABOVE �11��' - TOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRI- ATE UNDER THE CIRCUMSTANCES. THIS IS NOTA LIEN, THIS/S NOTA REFLECTION ON THE INTEGRITY OFANY CONTRACTOR OR SUBCONTRACTOR. Certified Mail:N/A CALIFORNIA PRELIMINARY 20-DAY NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE Job No.: 4111 CONSTRUCTION LENDER or YOU ARE HEREBY NOTIFIED THAT... Reputed Construction Lender, if any M. H. UYEKAWA INC. 24415 Paseo de Toronto Yorba Linda, Ca 92887 has furnished or will furnish labor, services, equipment or materials of the following general description: 980-C Wheel Loader OWNER or Reputed Owner for the building, structure or other work of improvement located at: City of San Juan Capistrano 26861 Mission Hills Drive 32400 Paseo Adelanto San Juan Capistrano, Ca San Juan Capistrano, Ca 92675 Terminal Reservior No. 3 y The name of the person or firm who = rn rn ORIGINAL CONTRACTOR contracted for the purchase of such labor, C--C-) 0 or Reputed Contractor, if any services, equipment or materials is: y'� ► [n L.T. Engineering, Inc. c-> c Gateway Pacific Contractors, Inc. air" 0 m 8055 Freeport Blvd An estimate of the total price of the labor, �� N Sacramento, Ca 95832-9716 services, equipment or materials furnished or to be furnished is: 4,980.00 Est. o CA ©p Trust Funds to which Supplemental Fringe SUBCONTRACTOR Benefits are Payable: or Reputed Subcontractor, if any L.T. Engineering, Inc. NOTICE TO PROPERTY OWNER 27601 Forbes Rd., Ste 54 If bills are not paid in full for the labor, services, equipment or materials Laguna Niguel, Ca 92677 furnished or to be furnished, a mechanics lien leading to the loss through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your PROOF OF SERVICE AFFIDAVIT contractor to furnish a signed release by the person or firm giving you this notice The undersigned served copies of this before making payment to your contractor or (2) any other method or device preliminary 20-Day Notice by first class certified that is appropriate under the circumstances. mail, postage prepaid, on the persons and at the addresses shown on September 7, 2005 Other than residential homeowners of dwellings containing fewer than five units, P private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of I decl u er pekofry under the laws Of cessation has been recorded within 10 days of its recordation. Notice shall be Ca' rue. by registered mail, certified mail or first-class mail, evidenced by a certifcate of mailing. Failure to notify will extend the deadlines to record a lien. o{/�q{'`�1 Form no.103 PMImSoluOom / /1 A/C:011671 CALIFORNIA PRELIMINARY NOTICE JOB:20471 IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN,THIS IS NOT A REFLECTION OF THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HFp h.BY NOTIFIED THAT.... O HUB CONSTRUCTION SPECIALTIES, INC. CONSTRUCTION LENDER or 379 SOUTH "P' STREET, P.O. BOX 1269 Reputed Construction Lender, if any SAN BERNARDINO, CA 92402-1269 Whas furnished or will furnish labor, services,equipment or *NONE REPORTED* materials of the following general description: N MISCELLANEOUS CONCRETE ACCESSORIES FASTENERS, RENTALS, ETC. E for the building, structure or other work of improvement located at: TERMINAL RES #3 R 26861 MISSION HILLS DR PO/JOB #204-70S SAN JUAN CAPISTRANO, CA 926930000 OWNER or PUBLIC AGENCY The name of the person or firm who contracted for the or Reputed Owner (on public work) purchase of such labor, services,equipment or material is: C (on private work) CALEX ENGINEERING COMPANY Cert:7005 0390 0004 8715 7000 23651 PINE STREET O NEWHALL, CA 913210000 CITY OF SAN JUAN CAPISTRANO P 32400 PASEO ADELANTO An estimate of the total price of the labor, services, SAN JUAN CAPISTRANO, CA 92675 equipment or materials furnished or to be furnished is: Y Tru$10,000. st Funds to which Supplemental Fringe Benefits are Payable: (Material men not required to furnish) (name) (address) ORIGINAL CONTRACTOR or NOTICE TO PROPERTY OWNER Reputed Contractor, if any If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanic's Gen leading Cert:7005 0390 0004 8715 7017 to the loss,through court foreclosure proceedings,of all or part of your property so being improved may be placed against the GATEWAY PACIFIC CONTRACTORS property though you have paid your contractor in full. You may 8055 FREEPORT BLVD wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm SACRAMENTO, CA 95832 giving you this notice before making payment to your contractor, or(2)any other method or device that is appropriate under the circumstances.Other than residential homeowners of dwellings containing fewer than rive units,private project owners must notify the original contractor and any Hen claimant who has provided the owner with a preliminary 20-day Hen notice in accordance with SUBCONTRACTOR with whom claimant Section 3097 of the Civil Code that a notice of completion or notice has Contracted of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mall,or rust class mail,evidenced by a certificate of mailing.Failure to notify will extend the deadlines to record the Hen. CALEX ENGINEERING COMPANY Dated: 9-01-05; .. 23651 PINE STREET NEWHALL, CA 91321 MOLLIE LATO CUSWME R Tel Number:(909)37 2122 Fap trber�9)88tt+.�74 Z.{ f M c", J r cn? ft'1 o w (in accordance with Civil Code Sections 3097 and 3098) NOTICE TO PROPERTY OWNER TO: CONSTRUCTION LENDER(Or Reputed If r- 1\117-1 D If bills are not paid in full for the Name tt labor, services, equipment, or materials furnished or to be NONE _ n 0 0 31 furnished, a mechanic's lien I leading to the loss, through court city,state, foreclosure proceedings, of all or Zip: part of your property being so SAN Improved may be placed against the property even though you have TO: 0 OWNER r epu a wner paid your contractor in full. You X PUBLIC AGENCY may wish to protect yourself against this consequence by (1) (On Private Works) (On Public Works) requiring your contractor to furnish Name a signed release by the person or firm giving you this notice before City of San Juan Capistrano making payment to your Street contractor, (2) any other method or device that is appropriate under the 32400 Paseo Adelanto circumstances. Other than City,State, residential homeowners of Zip: San Juan Capistrano,CA 92675 dwellings containing fewer than five units, private project owners must notify the original contractor TO: ORIGINAL CONTRACTOR(Or Reputed Contractor) and any lien claimant who has Name provided the owner with a preliminary 20-day Ilan notice in Gateway Pacific Contractors, Inc. accordance with Section 3097 of Street the Civil Code that a notice of completion or notice of cessation 8055 Freeport Boulevard has been recorded within 10 days City,State, - of its recordation. Notice shall be Zip: Sacramento, CA 95832-9716 by registered mail,certified mail,or first-class mail, evidenced by a certificate of mailing. Failure to TO: OTHER(If any): notify will extend the deadlines to Name record a lien. Street Subcontractor-Calex Engineering Company If this notice is given by a subcontractor who Is required under a collective bargaining 23651 Pine Street agreement to pay fringe benefits,the names City,State, and addresses of the laborers and express Zip: Newhall CA 91321 trust funds follow: General description of the labor,service,equipment, or materials furnished, or to be furnished,and an estimate of the total price: Terminal Reservoir#3 26861 Mission Hills Drive San Juan Capistrano, CA 92675 Shoring work(Job No. 204-70S) $ $66,372.48 NAME AND ADDRESS OF CLAIMANT GIVING THIS NOTICE: Name May-Tal Shearing&Cutting Service, Inc. (J.Sabban) 8113 East 144th Street City,State, Zip: Paramount,CA 90723 �� L NAME OF PERSON OR FIRM THAT CONTRACTED TO PURCHASE THE LABOR, SERVICE, EQUIPMENT, OR MATERIALS: Gateway Pacific Contractors, Inc. —DESCRIPTION OF JOB SITE SUFFIMIMMENTIFICATION ONES Shoring work Terminal Reservoir q3,26861 Mission Hills Drive,San Juan Capistrano CA 92675(Job No. 204-70S) PROOF OF SERVICE AFFIDAVIT: The undersigned served copies of this Preliminary Notice by first class registered or certified mail, postage prepaid,on the persons and at the addresses shown above on: Date: May 9,2005 I declare under penalty of perjury under the laws of the to of lifo th t tt)nge and correct. Dated: May 9,2005 Signature 101111111111111 Dated: 01/28/05 CA370731 7114 7389 6621 0996 3866 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 01128105 CA370731 TECHNO COATINGS INC CITY OF SAN JUAN CAPISTRANO 1391 ALLEC ST 32400 PASEO ADELANTO ANAHEIM CA 92805 SAN JUAN CAPISTRANO CA 92675 2-Has furnished or will furnish labor, services,equipment,or materials of the following general description: PAINTING LABOR& MATERIALS Reputed Construction Lender or Lessee CO#TERMINAL RESERVOIR NO 3 3 -An estimate of the total price of the BOND# 104328759/TRAV CAS &SUR labor,services,equipment,or nuiterials ll CO OF AMER/ONE TOWER SO furnished or to be furnished is: 2 HARTFORD CT 06183 $56,621.00 ft n z Reputed Original Contractor = W in 4-The building,structure or oth rk df GATEWAY PACIFIC CONTRACTORS improvement is located at: T- .g rn viza INC 05-7779/PO#20470-005 8055 FREEPORT BLVD TERMINAL RESERVOIR PRJ#3A SACRAMENTO CA 92675 26861 MISSION HILLS DR & o O A.D.C. UNKNOWN 27151 HIGHLAND DR SAN JUAN CAPISTRANO CA NOTICE TO PROPERTY OWNER 5-The name of the person or firm who contracted IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, for the purchase of such labor,services, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE equipment or material is: FURNISHED,A MECHANICS' LIEN LEADING TO THE LOSS, CALEX ENGINEERING CO THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL 23651 PINE ST OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY NEW HALL CA 91321 BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH 6-Name and address of Trust Funds to which TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY Supplemental Fringe Benefits are payable (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE (if applicable): SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN 5 UNITS, PRIVATE PROJECT OWNERS MUST 7 -Jobsite is Federal Public Work Title 40 USC NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN Sec.270A-270E. CLAIMANT WHO HAS PROVIDED THE OWNER WITH A Contract# j PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH BonCo: I/ SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE -- SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL,OR FIRST- CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. Signed FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO Authorized Agent Y'- RECORD A LIEN. Construction Notice Services,Inc. 1.800-366-5660 Ply#tlfil 'f.0. BOX 1770 osTYE �O CALIDAYFORNIA 2621tATI9CED 062806 NSiRU1:riON SUPPI.VZ._1 .NO CA 1 297 S. VASCO ROAD, LIVERMORE, CA 94551 /(925)961-8970 ite Des dpvori or Addbes wn Ie c p E 1 o total Pvce Labor Oate of Notice Notic®Number I \ NpOw.11 N miler S Fpuwme t o Maledals RE(-.' EIV R E(r E I VJ ?100. Oct • IN COMPLIANCE WITH SECTION 3097 AND 3098 CALIFORNIA CIVIL CODE, YOU ARE HEREBY iF'F,h rl"I 'I_ fl/ 'TI, RV111f, 'r-i NOTIFIED THAT WHITE CAP CONSTRUCTION SUPPLY,HAS FURNISHED OR WILL FURNISH TO THE • ABOVE JORSITE,MATERIAL ANDIOR EQUIPMENT OF THE FOLLOWING GENERAL DESCRIPTION: [ F.E'E I. �':1 1r! fl I. �.�' �11NT, JAN e3 r'T �^. ,AVON HARDWARE ROUGH FRAMING HARDWARE SUBSURFACE DRAINAGE PRODUCTS • 05 A G 1--' L MIS,RUCTION MATERIALS CHEMICALS AND WATERPROOFING ANO EQUIPMENT RENTALS. SUCH MATERIAL AND/OR EQUIPMENT WAS CONTRACTED BY AND CHARGED TO THE CUSTOMER • ;�av 'iL'I>dd ` lat''IS'IR4iSVU Cf :i.l. `:; IOENWIEDHEREIN L;. NOTICE TO PROPERTY OWNER j t` N {!U e�, :, IF BILLS ARE NOT PAID IN FULL FOR THE LABOR. SERVICES, EOUMMENT,OR MATERIALS `�'{1 J 'I' ' IF OR TO BE FURNISHED,A MECHANICS' LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL.YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR INTEGRITY OF ANY CONTRACTOR OR SUBCONT FRAC M R FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR Oil(Z)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAI- MANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCOR- CONSTRUCTION LENDER or DANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETM OR NOTICE Reputed Construction Lender OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION.N077CE SHALL F BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERRFP CATF OF MAILING.FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. • ! THIS NOTICE OF COURSE,IS NOT INTENDED TO REFLECT IN ANY WAY ON THE INTEGRITY OR • CREDIT STANDING OF OUR CUSTOMER, BUT IS GIVEN IN COMPLIANCE WITH THE ABOVE • PROVISIONS OF THE CALIFORNIA CIVIL CODE. - • WE HAVE APPRECIATED THE OPPORTUNITY OF FURNISHING MATERIAL FOR THIS JOB AND HOPE THAT IT IS PROGRESSING TO YOUR SATISFACTION. I I ROBERT W.MEALEY DIRECTOR OF CREDIT OWNER or Reputed Owner or PUBLIC AGENCY CUSTOMER Ident'ificatiodn '..I N1 0V1121LAo q • 1 ! • 1t IL taN I'1F=il'-I CLIP 1 '? �F2(�R1C1 • I J4i ' XF_f U 7 PJ�t_62 J AtCo f • hI7 ;)'it f7 ilCl 'J_ l0TO • z'. f Fll P Y�E !�rF_fi_l ii i 5 _ 1 + w cn 1 ORIGINAL CONTRACTOR or Reputed Contractor OTHER Interested Parties`? EWbF= FRE'E:Pit1tT CII �ii1C.'I�I !YtF_l�)TI] i;!} `i``;;'I:ir">..1171E JOINT CHECK NOTICE WHITE CAP CONSTRUCTION SUPPLY SUGGESTS THAT JOINT CHECKS BE ISSUED FOR ALL MATERIALS AND/OR EQUIPMENT PROVIDED FOR THE ABOVE REFERENCED PROJECT. PLEASE MAKE ALL CHECKS PAYA TO "WHITE CAP" AND THE ABOVE IDENTIFIED CUSTOMER. L� OWNER' ICOPY CALIFORNIA PRELIMINARY 20-DAY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098,CAIFORNIA CIVIL CODE THIS IS NOT A LIEN THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR R L G E I V E D SUBCONTRACTOR Construction Len or ed n un Lender, You are hereby notified that �65 � jt 4� L.T. Excavating, Inc. dba LT Engineering None 27601 Forbes Rd.,#54 Laguna Niguel,CA 92677 Has furnished or will furnish labor, services,equipment or materials of the following general description: Excavation and Grading Owner, or Reputed Owner(on private work) OR Public Agency(on public work) cn City of San Juan Capistrano For the estimated total price of: ? o 32400 Paseo Adelanto $1,020,000.00 San Juan Capistrano, CA 92675 a t For the building,structure, or othefwork ofj1provA located at: Iv Terminal Reservoir No. 3 —J Original Contractor,or Reputed Contractor, if any 27151 Highland Dr(Entrance) 26861 Mission Hills Dr Gateway Pacific Contractors, Inc. San Juan Capistrano, CA 92675 w 8055 Freeport Blvd. cn Sacramento,CA 95832,CA 95832 Person or Firm with whom Clafinant has-Contracted Gateway Pacific Contractors, Inc. 8055 Freeport Blvd. Sacramento, CA 95832, CA 95832 Notice to Property Owner: If bills are not paid in full for the labor, services, equipment, or materials fumished or to be fumished, If notice is given by a subcontractor who is required to a mechanic's lien leading to the loss, through court Pay fringe benefits under a collective bargaining foreclosure proceedings, of all or part of your agreement,the names and addresses of the fringe property being so improved may be placed against benefit trusts follow: the property even though you have paid your Operating Engineers, Laborers contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person PROOF OF SERVICE AFFIDAVIT or firm giving you this notice before making payment The undersigned served copies of this Preliminary to your contractor, or(2) any other method or device 20-Day Notice by first class registered or certified mail, that is appropriate under the circumstances. postage prepaid, on the persons and at the addresses Other than residential homeowners of dwellings shown on 01-25-2005 containing fewer than five units, private project I declare underenalt owners must notify the original contractor and any P Y of perjury under the laws of the lien claimant who has provided the owner with a State of California that the foregoing is true and correct. preliminary 20-day lien notice in accordance with Dat \ A Section 3097 of the Civil Code that a notice of Signatu completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by Name: Donna Raley Cas 'dy Title: Dispa er registered mail, certified mail, or first-class mail, Phone: (949) 367-1941 evidenced by a certificate of mailing. Failure to notify JobDox Project ID:429 will extend the deadlines to record a lien. Preparer's Company Project ID:JOB 04-111 Copyright 2000-2004 by Jobdox,LLC,The automated solution to management ofreliminarypayments.notices,releases and a ments. Call toll free(866)JOB-DOX-0(562-3690)or visit our web site at http:/ /wJobdox.com Ivr C145103 CALIFORNIA PRELIMINARY NOACE IN ACCORDANCE WH SECTION 3097 AND 3098, CALIFORNIA WL CODE THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT .... WEST COAST SAND 8 GRAVEL CONSTRUCTION LENDER or 7312 ORANGETHORPE BUENA PARK,CA 90621 Reputed construction Lender, if any. 714-522-4403 has furnished or will furnish labor,services,equipment or materials of the following general description: BUILDING MATERIALS 8 RELATED PRODUCTS, DELIVERY for the building,structure or other work of improvement located at: 26861 MISSION HILLS DR. SAN JUAN CAPISTRANO,CA Tne na„ie OT the person or iim,w7,o a oni,aldeo ioi the pwonasa o1 such labor,services,equipment or material is: 71005309264026399243 MARINA LANDSCAPE, INC. 1100 E.KATELLA AVE. ANAHEIM,CA 92805 --- OWNER or PUBLICAGENCY o yy or Reputed Owner (on public work) 714-939.6600 n -� (on private work) An estimate of the total price of the labor,Services,KpipmerlCgr materials furnished or to be furnished is: J ° r' $2800.00 D CITY OF SAN JUAN CAPISTRANO Q 32400 PASEO ADELANTO Trust Funds to which Supplemental Fringe benefits are payable: SAN JUAN CAPISTRANO,CA 92675 - O” NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services, equipment,or materials fumished or to be furnished,a mechanic's lien loading to the loss,through court foreclosure proceedings, of all or part of your property being so Improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed release by the parson or firm glving you this notice before makino payment to vour contractor or(2)any other method or device that Is appropriate under the X � � fewercircumstances.Otherthan residential t owners of dwellings containing fewer than flue unite, private project ownare must notify the original contractor and any Ilan claimant who has provided the owner with a preliminary 2Maynotice lien notice In accordance wtthcessation Section 3097 of the Civil recorded Code that a notice of completion or notice of cessation has been recorded within 10 days of Its recordation. Notice shall be by registered mail, 71006309264026399250 certified mall, or first-class mall, evidenced by a certificate of mailing. ` V Failure to notify will ertantl the deadlines to record a Ilan. Dated 12/17/2004�j ) ,,,.. Q ORIGINAL CONTRACTOR or ' Reputed Contractor, if any. Pres_ Signature (WO) GATEWAY PACIFIC CONTRACTORS INC. 8055 FREEPORT BLVD. PRELIM SYSTEMS INC.,P.O.BOX 385,LA VERNE,CA 91750-0385 SACRAMENTO,CA 95832-9716 CALIFORNIA PRELIMI*RY 20-DAY NOTICE (For use on Private and PublicWorks) See Civil Code Section 3097 & 3098 You are Hereby Notified That: Construction Lender or Reputed Construction Lender,If any: The name and address of the person or firm furnishing labor,services, equipment or material: NIA NEAL ELECTRIC CORP. 13250 KIRKHAM WAY POWAY,CA 92064 Owner or Reputed Owner(Private Work) Job#: 1.4-1453 or Public Agency(Public Work) has furnished or will furnish labor,services,equipment or materials of City of San Juan Capistrano the following general description: 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Electrical Materials&Laboen - N C� Original Contractor or Reputed Contractor,if any: a "' 2 =i for the building,structure or other work of impr ent loee'ad at: Gateway Pacific Contractors,Inc. d 1 8055 Freeport Blvd. Sacramento,CA 95832-9716 Terminal Reservoir No.3 - "D Job No.4082 N NOTICE TO PROPERTY OWNER cn If bills are not paid in full forthe labor,services,equipment, or materials furnished or to be furnished,a mechanic's lien The name of the person or firm who contracted for the purchase of such labor,services,equipment or material Is: leading to the lose,through court foreclosure proceedings, of all or part of your property being so Improved may be Gateway Pacific Contractors,Inc. placed against the property even though you have paid your contractor In full.You may wish to protect yourself against An estimate of the total price of the labor,services,equipment or materials furnished or to be furnished Is: this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice $162.000.00 before making payment to your contrsctor or(2)any other method or device that Is appropriate under the circumstances. Trust Funds to which Supplemental Fringe Benefits are Payable or Other than residential homeowners of dwellings containing fewer laborers due compensation for the project. than five units,private Prolect owners must notify the original (Material suppliers not required to furnish) contractor and any lien claimant who has Provided the owner with a orellminary 20-day lien notice In accordance with SAN DIEGO ELECTRICAL H&W TRUST Section 3097 of the Civil Code that a notice of completion or 4675 VIEW RIDGE AVENUE,SUITE B notice of cessation has been recorded within 10 days of Its SAN DIEGO,CA 92123 recordation.Notice shall be by registered mall,certified mail,or first-class mall,evidenced by a certificate of mailing.Failure to notify will extend the deadlines to record a Ilan. Dated: Nov mb 3,2004 Signed: r Phone#: 858-513-2525 x.214 Proof of Service Affidavit I, Kern Neumann, declare that I served copies of the abovERELIMINARY NOTICE by First Class or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above o01-03-04.I declare under penalty of perjury that the foregoing is true and correct. Executed on 11-03-04, way, California, . Signature of Person Making Service Owner's Cop PRELIMINARY A-DAY NOTICE (FOR USE ON PRIVATE OR PUBLIC PROJECTS) THIS IS NOTA LIEN and it is not a reflection on the integrity of any contractor or subcontractor. This is a notice given pursuant to sections 3097&3098 of the California Civil Code. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so Improved may be placed against the property even though you have paid your contractor in full.You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device that is appropriate under the circumstances. Other than residential homeowners, private project owners must notify the original contractor and any lien claimant that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate of mailing.Failure to notify will extend the deadlines to record a lien. YOU ARE HEREBY NOTIFIED:The name and address of the claimant giving this notice who has or will furnish labor,services,equipment or materials of the following description is: Date: 12/27/04 Name and Address of Claimant Giving This Notice Description of labor,services,equipment or materials fumished or to be furnished and an estimate of the total price thereof: Name Applied Roof Engineering Inc. ROOFING CONTRACTOR Address211 Pearl St. city,state,zip Corona, CA 92879-1326 _ Estimated Price of the labor,services,equipment eyAbdul Abdurahman Title office Manager ormaterials described hereon: $ 39, 969 . 00 The name of the person who contracted for the purchase of or who will be furnished labor,service,equipment or materials is: Gateway Pacific Contractors,__Inc. Description of the Jobsite Sufficient for Identification: Terminal Reservoir No. 3 26861 Mission Hills Dr. , San Juan Capistrano, CA 92675 To:Owner or Reputed Owner or Public Entity To:Subcontractor With Whom Claimant Has Contracted Name City of-San Juan Capistrano Name Gateway Pacific Contractors,_. Inc. Address 32400 Paseo Adelanto Address 8055 FREEPORT BLVD. City,State,zip San Juan Capistrano, CA 92675 City,State,Zip Sacramento, CA 95832-9716 To: Original Contractor or Reputed Original Contractor To:Construction Lender or Reputed Construction Lender Name Gateway Pacific Contractors, Inc. Name Address 8055 FREEPORT BLVD. Address City,State,Zip Sacramento, CA 95832-9716 City,Stale,Zip Proof Of Service Affidavit If this notice is given by a subcontractor who is required pursuant I, Abdul Abdurahman declare that I served copies to a collective bargaining agreemerM to pay fringe benefits,the of this PRELIMINARY 20-DAY NOTICE by: name and address of any laborer and any Wress trust fund to a. Personaly delivering copies to whom employer payments are duelgas follcFwk at ` M on 20_,at E]a.m. EIp.m. z b.r,-el First Class Certified or Registered Mail service,postage prepaid, addressed to each of the parties at the addresses shorn above - D � on Dec. 27 20-OA. I declare under the penalty of perju thatthefo3loingistrueandcored. "- 4 Signed at ia,on 20 04 cn J e snits. STAPLE RETURN RECEIPTS FROM MAIL SERVICE HERE Form CPN-C'Copyright 0 1996-204 ACT Contractors Forms(800)820-5656 www.cafform.wm THIS IS NOTA LIEN. THIS NOTICE IS MWEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF 1111111111111111111 ANY CONTRACTOR OR SUBCONTRACTOR. 7108 1800 8318 3947 1025 K41039 839471 YOU ARE HEREBY NOTIFIED THAT... MODULAR BUILDING CONCEPTS INC 3951 OWNER or Reputed Owner(on private work) 02 12580 STOTLER CT or PUBLIC AGENCY(on public work) POWAY CA 92064 9494435366 CITY OF SAN JUAN CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO has furnished or will furnish labor,services,equipment or SAN JUAN CAPISTRANO CA 92675 materials of the following general description: OFFICE TRAILER RENTAL,DELIVERY, SETUP,DISMANTLE&RETURN CONSTRUCTION LENDER or Reputed Construction Lender,If any. for the building,structure or other work of improvement located at: NONEBOND#104328759BOND CO: "TERMINAL 3 RESERVOIR" TRAVELERS CASUALTY&SURETY CO 26861 MISSION HILLS DR OF AMERICA SAN JUAN CAPISTRANO CA ONE TOWER SQUARE JOB#4082 HARTFORD CT 06183 ORIGINAL CONTRACTOR or 03 Reputed Contractor,if any. An estimate of the total price of the labor,services, GATEWAY PACIFIC CONTRACTORS INC equipment or materials furnished or to be furnished Is: 8055 FREEPORT BLVD $5,000.00 SACRAMENTO CA 95832 Trust Funds to which Supplemental Fringe Benefits are payable: SUB CONTRACTOR/person or firm who contracted for the purchase of such labor,services,equipment or materials is: 9165654100 GATEWAY PACIFIC CONTRACTORS INC cn 8055 FREEPORT BLVD o SACRAMENTO CA 95832 c1� � n t ::s OTHER INFORMATION,if any. I� o a 1 �l BY: ��A Dated: 11/30/2004 (Signature) (Title) 11/04/2004 R L NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 2043AY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT 1,Cindee Wood,declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK/PUBLIC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 11/30/2004. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. BY: ( 1 00 Affi& Cindee Wood, Agent Executed at SAN DIEGO,California on 11/30/2004. This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Suite 200,San Diego CA 92123(800)854-2100,FAX(658)560-7626 HARBER COMPANIES, INC. 80 E. RIVERVIEW DR. Bernardino, CA 92408 Phone: (909) 978-1957 a Cj (909) 478-0019 2C, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA,9;�.675_'y. 11/23/2004 RE: NOTICE TO OWNER OR PUBLIC ENTITY Dear Sir or Madam: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the: Terminal Reservoir No. 3 project, located at , San Juan Capistrano, CA . Such labor, services, equipment or materials were contracted for by: GATEWAY PACIFIC CONTRACTORS, INC. , 6055 Freeport Blvd. , Sacramento, CA 95632-9716 who is one of the owners, general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully protect yourself you may consider (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request, please feel free to call me personally at (909) 478-1957. Thank you. Sincerely, �/�f ,�y� / By: �%CAl � lJ� DANA 'CRAMER, ACCOUNTS RECEIVABLE Phone: (909) 478-1957 Fax: (909) 478-0019 File:276 •[CA] [PUBLIC] [COPY:EST] I Customer: GATEWAY PACIFIC ACTORS, INC. Recording Requested by and Return to: 1 P.O. #: HARBER COMPANIES, INC. I Project: Terminal Reservoir No. 3 1 Rec ID: 1DWOZ0009 1880 E. RIVERVIEW DR. Job #: San Bernardino, CA 92408 Cert No. : PRELIMINARY 20-DAY NOTICE (PUBLIC WORE) (California Civil Code Sections 3098, 3111, 3241 6 3252 at Seq.) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description of City of San Juan Capistrano the labor,service,equipment or materials 32400 Paseo Adelanto furnished or to be furnished by the undersigned: San Juan Capistrano, CA 92675 DEMOLITION/CONCRETE 2. Estimated Price: $375,000.00 TO ORIGINAL OR REPUTED CONTRACTOR 3. The name of the person who furnished GATEWAY PACIFIC CONTRACTORS, INC. that labor, service, equipment or 8055 Freeport Blvd. materials is: Sacramento, CA 95832-9716 BARBER COMPANIES, INC. 1880 E. RIVERVIEW DR. San Bernardino, CA 92408 4. The name of the person who contracted for TO LENDER, SURETY OR BONDING CO. purchase of that labor, service, equipment NONE or material is: GATEWAY PACIFIC CONTRACTORS, INC. 8055 Freeport Blvd. Sacramento, CA 95832-9716 5. The description of the jobsite is: Terminal Reservoir No. 3 San Juan Capistrano, CA REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY: City of San Juan Capistrano or State Comptroller The undersigned claimant hereby declares that he has supplied labor or materials as described above, that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant, at the address listed above, and the current address of the contracting public entity. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE-DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed atSaBernardino, California on 11/23/2004 for HARBER COMPANIES, INC. . By: )� a Ai DANA CRAMER, ACCOUNTS RECEIVABLE Phone: (909) 478-1957 Fax: (909) 478-0019 PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 11/23/2004. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Bern rdino, Cal �///i��ggforniayy��o��n 11/23/2009. DANA CRAMER, ACCOUNTS RECEIVABLE Californ Arelim i nary 20-day Note (Public and Private Work) in accordance with section 3097 and 3098 California Civil Code You are herby notified that..... Construction Lender or Reputed Constriction Lender, if any CDG Materials Inc. No Known Lender P.O. Box 20758 Riverside, CA 92516-4734 has furnished or will furnish labor,services equiprrrhenl or materials of the following general description: y Sand and Gravel o Owner or Public Agency 17) - N or Reputed Owner (on public work) w (on private work) for the building,structure or other work improvement City of San Juan Capistrano located at: 32400 Paseo Adelanto 26861 Mission Hills Drive ZI San Juan Capistrano Ca 92675 San Juan Capistrano Ca .= J Construction loan no. (if known) The name of the person or the firm who contracted for the purchase of such labor,services,equipment or materials: Gateway Pacific Contractors Inc. Original Contractor or Reputed Contractor, if any Gateway Pacific Contractors Notice to Property Owner 8055 Freeport Blvd Sacramento Ca 95832 If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against Subcontractor the property being so improved may be placed against the with whom claimant has contracted property even though you have paid your contractor in full. You Gateway Pacific Contractors may wish to protect yourself against this consequence by(1) 8055 Freeport Blvd requiring your contractor to furnish a signed release by the Sacramento Ca 95832 person or firm giving you this notice before making payment to your contractor or(2)any other method or devic that is appropriate under the circumstances. The person of firm giving this notice is required,pursuant to a collective bargaining agreement,to pay supplement fringe benefits into an expense trust fund(described in Civil Code$3111),said fund is identified as follows:(strike if inapplicable) Mailed this Dale 11/18/20/04 11/18/2004 (Signature) / (Date) An estimate of the total price of the labor,services,equipment or materials urnished or to be furnished is: $20,000.00 CALIANIA PRELIMINARY &TICE THIS IS NOT A LIEN.THIS NOTICE IS GIVEN PURSUANT SECTION 3097 AND 3098 CALIF CIVIC CODE. DATE 1i'- 3'C4 DESCRIPTION OF MATERIALS VALE" -" PIITTI,`,!;S YOU ARE HEREBY NOTIFIED: THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL AS ABOVE. _ INDIVIDUAL OR FIRM: ADDRESS OF BUILDING,STRUCTURE,WORK,OR IMPROVEMENT BELOW _r'.Or_I'll '_r' CJM"ANY D.O. 31A 3' 29 74032 T_-iMI",AL HAY A <D, ?4549 26851 "Il SSI id HILLS PRIv� BY: (SIGNA I URE) CItt=UIi MAsdAv, SAN JLF:d CArISTPANn.CA. (TITLE) (DATE( CITY STATE ZIP THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR, SERVICE, EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER ,�A T E':;A Y r'e L It I C - S AC't ANL\1 T 4 IF BILLS ARE NOT PAID IN FULL FOR THE S: 6 F . _c JF;-I _LVA LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT f FORECLOSURE PROCEEDINGS,OF ALL OR PART OF 11i.I T Y "IF a A J 1 H NIA'D I T R.%+1(J YOUR PROPERTY BEING SO IMPROVED MAY BE TO: PLACED AGAINST THE PROPERTY EVEN THOUGH 52 401; D i) A D L L A.`I T o> YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU II REPONER OR UTED OWNER i J :.A? �, f,RA:0 CA 92675 MAY WISH TO PROTECT YOURSELF AGAINST THIS OR CONSEQUENCE BY(1)REQUIRING YOUR CONTRAC- PUeLIC ENTITY TOR TO FURNISH A SIGNED RELEASE BY THE TO: SA TF.eAY PACIFIC COiYTh'A..T-J'S PERSON OR FIRMIVING YOU THIS NOTICE BEFORE ORIGINAL 0 5 5 F q- P J R i CL MAKING PAYME TO Y=R CONTRACTOR OR (2) CONTRACTOR - ANY OTHER METWOD OR�15EVICWHAT IS APPRO- OR REPUTED �A C, A,""'� 1 -' C� 45832 PRIATE UNDER TK,_CIRC=STAMS. CONTRACTOR (THIS STATEMENT APPLICABL-ILII PRO�fE WORKS ONLY) I� TO: ESTIMATED TOTAL PRICE OF TUE LABOR,SERVICES, SUB EQUIPMENT OR MAIC IALS 6643CRIBED HEREON. CONTRACTOR U OR REPUTED Q` i $ r � SUB CONTRACTOR _ TO: CITY OF SA:v JOAN CAPI`;TRA'rtU - ro CONSTRUCTION %40J PA5FU AvGLAATO ENDER ORREPUTEDJ L-'APTST(A:'+:) CA 92675 CONSTRUCTION LENDER PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 CALIFORNIA CIVIL CODE) 1 I'!I 4INTLL` declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) By personally delivering copies to AT on at m. (b) ❑13y First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on 11^-23— 14 I declare under the penalty of perjury that the foregoing is true and correct. Signed at It A :''v A' a California, on 1,—2 4 (ATTACH E WE�TIFIED ///yyy��ppp••• REGIS EKED MA14WHE1DE YM R�URNED) �c1GJ7SIGNATURE OF PERSON MAKING SERVICE /\ WHITE CAP''It4bUSY19 ('9S II , INC . Whita C� w PREMINARY 20 QAY N CE X51449 CONSTRUCT/ON SUPPLY •SO CA I OX 1770,COSTA MESA,CALIFORNIA 92626 1( 45-7570 .NO CA/297 S. VASCO ROAD, LIVERMORE, CA 94551 /(925)961-8970 Job Site Description or Address W"o,Cap Eslimaled rola,Pace Labor Date of Notice Notice Number Appmvel Number Serv,oee Egoipmenl or Melerale ,1 40 81 U $ 10 .000 .00 11 /14/ 4 80542 • IN COMPLIANCE WITH SECTION 3097 AND 3098 CALIFORNIA CIVIL CODE, YOU ARE HEREBY SAN JUAN CAPISTRANO NOTIFIED THAT WHITECAP CONSTRUCTION SUPPLY,HAS FURNISHED OR WILL FURNISH TO THE ♦ ABOVE JOBSITE,MATERIAL AND/OR EQUIPMENT OF THE FOLLOWING GENERAL DESCRIPTION: 26861 MISSION HILLS DR FOUNDATION HARDWARE ROUGH FRAMING HARDWARE_SUBSURFACE DRAINAGE PRODUCTS • CONSTRUCTION MATERIALS. CHEMICALS AND WATERPROOFING AND EDUI PMENT RENTALS. SUCH MATERIAL AND/OR EQUIPMENT WAS CONTRACTED BY AND CHARGED TO THE CUSTOMER • SAN JUAN CAPISTRANO CA 92675 IDENTIFIED HEREIN. NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED TO BE FURNISHED, A MECHANICS' LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL.YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAF MANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCOR- CONSTRUCTION LENDER or DANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION.NOTICE SHALL Reputed Construction Lender BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFI- CATE OF MAILING.FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. • TIT 0NE THIS NOTICE OF COURSE,IS NOT INTENDED TO REFLECT IN ANY WAY ON THE INTEGRITY OR CREDIT STANDING OF OUR CUSTOMER, BUT IS GIVEN IN COMPLIANCE WITH THE ABOVE ♦ PROVISIONS OF THE CALIFORNIA CIVIL CODE. • WE HAVE APPRECIATED THE OPPORTUNITY OF FURNISHING MATERIAL FOR THIS JOB AND HOPE THAT IT IS PROGRESSING TO YOUR SATISFACTION. t ( h DATED: 11 /19/04 ROBERT W.MEALEY Ln _DIRECTOR OF CREDIT OWNER or Reputed Owner or PUBLIC AGENCY CUSTOMER Identification a 02408000 • CITY OF SAN JUAN CAPISTRANO GATEWAY PA`OYFICaON' gs ♦ 32400 PASFO ADELANTO 8055 FREEPIPRT BtyD. .; CD - SAN JUAN CAPISTRANO CA 92675 SACRAMENTO CA9 832 U • N ORIGINAL CONTRACTOR or Reputed Contractor OTHER Interested Parties ♦ GATEWAY PACIFIC CONT . INC TRAVELERS CASUALTY & S?)RETY • 8055 FREEPORT BLVD BOND #: 104.326759 ONE TOWER SQUARE SACRAMENTO CA 95832 HARTFORD CT 06183 JOINT CHECK NOTICE WHITE CAP CONSTRUCTION SUPPLY SUGGESTS THAT JOINT CHECKS BE ISSUED FOR ALL MATERIALS AND/OR EQUIPMENT PROVIDED FOR THE ABOVE REFERENCED PROJECT. PLEASE MAKE ALL CHECKS PAYABLE TO "WHITE CAP" AND THE ABOVE IDENTIFIED CUSTOMER. OWNER COPY CALIFORNIA PRELIMINARY NOTICE THIS IS NOT A LIEN.ONOTICE IS GIVEN PURSUANT TO SECTIONS 3097 AN CALIF.CIVIL CODE NOTICE R PERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANICS' LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST-CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY YOU ARE HEREBY NOTIFIED: THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNISH DATE: OCTOBER 25, 2004 LABOR,SERVICE,EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION IS: SAUNDERS & McMILLIN,INC. PAINTING AND COATING (NAME) (DESCRIPTION OF MATERIPLS,UWOR,SERVICES OR EQUIPMENT FURNISHED OR TOM Immi XED) P.O. BOX 20124 (ADDRESS) RIVERSIDE, CA 92516 TERMINAL RESERVOIR NO. 3 (CITY) (STATE) (ZIP) Br: ZA CL„ Y)L" , 26861 MISSION HILLS DRIVE (SIGNATURE) (ADDRESS OF BUILDING,STRUCTURE,WORK OF IMPROVEMENT) SANDRA VAN DUSEN, OFFICE MANAGER 10-25-04 SAN JUAN CAPISTRANO, CA 92675 (TITLE) (DATE) (CITY) (STATE) (ZIP) THE NAME OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF(PRIVATE WORKS)OR WHO WILL BE FURNISHED(PUBLIC WORKS) SUCH LABOR,SERVICE,EQUIPMENT OR MATERIAL IS LEASE HOLD OWNER(S)(TENANT IMPROVEMENT) CITY OF SAN JUAN CAPISTRANO OR TRUST FUND(IF APPLICABLE) 324 PASEO ADELANTO Mame) PAINTING & DRYWALL INDUSTRIES i i SAN JUAN CAPISTRANO, CA 92675 (Address) 4399 SANTA AN 1-,?A AV&WJ E, STE 150 (Nana) EL MONTE, CA 41.731 GATEWAY PACIFIC CONTACTOR - (A�dmss) /w — 8055 FREEPORT BLVD. 7 tV SACRAMENTO, CA 95832 (Nana) -- (Address) ` � N ESTIMATED PRICE OF THE LABOR,SUEFi EQUIPMENT OR MATERIALS DESCRIBED HEREON. $ 43, 300.00 PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 CALIFORNIA CIVIL CODE) declare that I served copies of the above PRELIMINARY NOTICE(check apprepnafe box): a. ❑ By Personal Service on to at (date and time) (Tamale and h e(s)Of person served) (M r.) b. ❑ By First-Class Certified or Registered Mail service,addressed to each of the parties at the address shown above on I declare under penalty of perjury that the foregoing is true and correct. (data) Signed at (city and se California,on ore ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED Fill out form and make copies of completed form as needed (signature of person making service Revised 01-2004 0 VFR,Inc.,P.O.Box 7,Loomis,CA 95650(916)652-7237 FORM A ,Wc CALIFORNIA PRELIMINARY NOTICE THIS IS NOT A LIEN.ONOTICE IS GIVEN PURSUANT TO SECTIONS 3097 AN CALIF.CIVIL CODE NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANICS' LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST-CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY YOU ARE HEREBY NOTIFIED: THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNISH DATE: OCTOBER 25, 2004 LABOR,SERVICE,EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION IS: SAUNDERS & MCMILLIN,INC. PAINTING AND COATING (NAME) (DEXAPTION OF MATERIALS,LABOR,SERVICES OR EQUIPMENT FURNISHED OR TORE FURNISHED) P.O. BOX 20124 (A0DRE56) RTVE_ ST_DE, CA 92576 TERMINAL RESERVOIR NO. 3 (CITY) (STATE) ( ) BY- c, Q/L. 26861 MISSION HILLS DRIVE (SIGNATURE) (ADDRESS OF BUILDING,STRUCTURE,WORN OFIMPROVEMENT) SANDRA VAN DUSEN, OFFICE MANAGER 10-25-04 SAN JUAN CAPISTRANO, CA 92675 (TITLE) (DATE) (CITY) (STATE) (ZIP) THE NAME OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF(PRIVATE WORKS)OR WHO WILL BE FURNISHED(PUBLIC WORKS) SUCH LABOR,SERVICE,EQUIPMENT OR MATERIAL IS LEASE HOLD OWNER(S)(TENANT IMPROVEMENT) CITY OF SAN JUAN CAPISTRANO OR TRUST FUND(IF APPLICABLE) 324 PASEO ADELANTO Mama) PAINTING & DRYWALL INDUSTRIES cn _ SAN JUAN CAPISTRANO, CA 92675 (Add,RS0 4399 SANTA XF31TA ASINUEf STE 150 (Nara) EL MONTE, CAs31 GATEWAY PACIFIC CONTACTOR (Add ess) 8055 FREEPORT BLVD. / — (Name) D SACRAMENTO, CA 95832 (Address) w_'i ESTIMATED PRICE OF THE LABOR,S S, UIPMENT OR MATERIALS DESCRIBED HEREON. $ 43, 300.00 PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 CALIFORNIA CIVIL CODE) declare that I served copies of the above PRELIMINARY NOTICE(check appropriate box): a. ❑ By Personal Service on to at (dataand tme) names)and titles)of Person served) 'eaa b. ❑ By First-Class Certified or Registered Mail service,addressed to each of the parties at the address shown above on I declare under penalty of perjury that the foregoing is true and correct. daDil Signed at ,California,On (Cityan sae (date) ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED Fill out form and make copies of completed form as needed (signature of Person making sernce Revised 01-2004 0 VFR,Inc.,P.O.Box 7,Loomis,CA 95650(916)652-7237 FORM A CALIFORNIA PRELIMINARY NOTICE THIS NOTICE ISPURSUANT TO SECTIONS 3097 AND 301011CALIFORNIA CIVIL CODE THIS IS NOT A LIEN. THIS ISIM A REFLECTION ON THE INTEGRITY OF ANY RACTOR OR SUBCONTRACTOR. YOU ARE HEREBY NOTIFIED: DATE: October 15,2004 THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION IS: I DESCRIPTION OF LABOR, SERVICES, EQUIPMENT OR MATERIAL: N F FRANK S. SMITH MASONRY, INC. MASONRY D O 1 2830 Pomona Ave I R R Pomona, CA 91768 V M I D BY: JOB NAME AND LOCATION: SAN JUAN CAPISTRANO UKEVIN . S ITH, V.P. RESERVOIR#3 A L 26861 MISSION HILLS DR. THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED SAN JUAN CAPIST, CA 92675 FOR THE PURCHASE OF (PRIVATE WORKS)OR WHO WILL BE ******}*}}**********}R NOTICE TO PROPERTY OWNER RR*RR***}}}RRRRF****R1 FURNISHED(PUBLIC WORKS)SUCH LABOR,SERVICES, EQUIPMENT OR MATERIAL IS: If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanics'lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed GATEWAY PACIFIC CONTRACTORS against the property even though you have paid your contractor in full. You may 8055 FREEPORT BLVD. wish to protect yourself against the consequence by(1)requiring your contractor to SACRAMENTO, CA 95832 furnish a signed release by the person or fine giving you this notice before making a payment to your contractor,or(2)any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwelling containing fewer than five units,private project owners must notify the original contractor and TO: OWNER, REPUTED CITY OF SAN JUAN any lien claimant who has provided the owner with a preliminary 20-day lien notice OWNER OR 32400 PASEO ADELANTO in accordance with Section 3097 of the Civil Code that a notice of completion or PUBLIC ENTITY SAN JUAN CAPISTRANO notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first�class mail,evidenced by a certificate of CA 92675 mailing. Failure to notify will extend the deadlines to record a lien. TO: ORIGINAL GATEWAY PACIFIC CONTRACTOR OR 8055 FREEPORT BLVD. (THIS STATEMENT IS APPLICABLE TO PFWATE WORK ONLY.) REPUTED CONTRACTOR SACRAMENTO, CA 95832 TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BOEFITS,TE PAYABLE: TO: LENDER OR BRICKLAYER&BRICKTENDER I ;d REPUTED LENDER - TO: SUBCONTRACTOR (MATERIAL MEN NOT REQUIRED TOFURNISHt3HE ABOVE) ESTIMATED PRICE OF THE LABOR,SERVICES, EQUIPMENT OR MATERIAL DESCRIBED HEREIN: $22,040.00 PROOF OF SERVICE AFFIDAVIT.(SECTION 3097.1,CALIFORNIA CIVIL CODE) I, MELINDA CURRAN , declare that I served copies of the above PRELIMINARY NOTICE(check appropriate box). (a)[ ]By personally delivering copies to at (name(s)and title(s)of persons served) On 11 at M. (date) (year) (time) (b)[ )I By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on 10-15-04 I declare under penalty of perjury that the foregoing is true and correct. Signed at POMONA CA 0 10-15-04 Signature of person making service: [ATTACH RECEIPT 0 CERTIFIED OR REGISTERED MAIL 61EN RETURNED] OLIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code. THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any 7104 0343 3860 0237 6531 contractor or subcontractor. HAWTHORNE MACHINERY 16945 CAMINO SAN BERNARDO SAN DIEGO,CA 92127-2499 Bildrs No: 1592066 ** JOINT CHECK REQUESTED ** CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 RETURN RECEIPT Bildrs No. 1592066 7104 0343 3860 0237 6531 c^ 0 - cm I0 J a You are hereby notified that HAWTHORNS MACHINERY 3 IV '� has furnished or will furnish labor, services, equipment or materials of the following general description: HEA VYDUTYEQUIPMENT RENTAL - W located at: SAN JUAN TERMINAL RESERVOIR#3, 26861 MISSION HILLS DRIVE, SAN JUAN CAPISTRANO, CA The name of the person or firm who contracted for the purchase of such labor, services,equipment or material is: GATEWAY PACIFIC CONTRACTORS INC, 314570 An estimate of total price of the labor, services,equipment or materials furnished or to be furnished is$5,000 Owner:CITY OF SAN JUAN CAPISTRANO,32400 PASEO ADELANTO,SAN JUAN CAPISTRANO CA 92675 Orig Comr: GATEWAY PACIFIC CONTRACTORS INC,8055 FREEPORT BLVD, SACRAMENTO CA 95832-9716,J#4082 Lender:None Surety: TRAVELERS CASUALTY & SURETY CO OF AMERICA, 21688 GATEWAY CENTER DR, DIAMOND BAR CA 91765, Bond# 104328759 Customer: GATEWAY PACIFIC CONTRACTORS INC,314570,8055 FREEPORT BLVD, SACRAMENTO CA 95832-9716 Job No:462339 V�%J�' ✓ 1 NOTICE TO PROPERTY OWNER BICNTATIV E 12/16/2004 If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanics' lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than rive units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first-class mail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. yr THIS IS NOT A LIEN. THIS NOTICEIS GIVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 7108 1800 8319 2730 6024 H28805 927306 YOU ARE HEREBY NOTIFIED THAT... UNITED RENTALS NORTHWEST INC 7068 OWNER or Reputed Owner(on private work) e_2 2301 DUPONT DR#400 or PUBLIC AGENCY(on public work) I IRVINE CA 92612 9491143-6366 CITY OF SAN JUAN CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO has furnished or will furnish labor,services,equipment or SAN JUAN CAPISTRANO CA 92675 materials of the following general description: RENTAL EQUIPMENT CONSTRUCTION LENDER or Reputed Construction Lender,if any. for the building,structure or other work of improvement located at: NONE/BOND#104328759/BOND CO: "TERMINAL RESERVOIR#3" TRAVELERS CASUALTY&SURETY CO 26861 MISSION HILLS DR y OF AMERICA SAN JUAN CAPISTRANO CA D ^� ONE TOWER SQUARE 2 a HARTFORD CT 06183 cC) s M c ORIGINAL CONTRACTOR or 03 C-) IW Reputed Contractor,if any. n -0r r Rat 916-665-4100 An estimate of the total price of the IE ervi GATEWAY PACIFIC CONTRACTORS INC equipment or materials furnished or 0 e urnished is: _m 8055 FREEPORT BLVD 3 4i�--�— $2,500.00 O O SACRAMENTO CA 95832 Trust Funds to which Supplemental Fringe Benefits are payable: SUB CONTRACTOR/person or firm who contracted for the purchase of such labor,services,equipment or materials is: 949-367-1941 LT EXCAVATING INC 27601 FORBES RD#54 LAGUNA NIGUEL CA 92677 OTHER INFORMATION,if any. r X31 BAgent Dated: 08/29/2005 ( 1gnsture) (7010) R L NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT I,Cindee Wood,declare that I served copies of the above PRELIMINARY 2D-DAY NOTICE(PRIVATE WORK/PUBLIC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 08/29/2005. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. BY: nId&IAJMYY Cindee Wood, Agent Executed at SAN DIEGO,California on OB/29/2005. This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Suite 200,San Diego CA 92123(SW)854-2100,FAX(858)560-7626 THIS IS NOT A LIEN. THIS NOTICE ICT31VEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 7108 1800 8319 2804 5021 H29155 YOU ARE HEREBY NOTIFIED THAT... STANDARD CONCRETE PRODUCTS INC 3422 OWNER or Reputed Owner(on private work) 021 P O BOX 15326 or PUBLIC AGENCY(on public work) SANTA ANA CA 92735-5326 949443-6366 CITY OF SAN JUAN CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO has furnished or will furnish labor,services,equipment or SAN JUAN CAPISTRANO CA 92675 materials of the following general description: GP4082 READY MIX CONCRETE AND/OR BUILDING MATERIALS r - -- CONSTRUCTION LENDER or EA Reputed Construction Lender,if any. for the building,structure or other of impr Hent located at: NONE/BOND#104328759/BOND CO'. "TERMINAL RESERVOIR 113" 3, a (� TRAVELERS CASUALTY&SURETY CO 27151 HIGHLAND DR&26861 Wff5SIOTW (77 OF AMERICA HILLS DR,SAN JUAN CAPISTI"flP CA ONE TOWER SQUARE JOB#4082 -O HARTFORD CT 06183 ORIGINAL CONTRACTOR or 03 = CD Reputed Contractor,if any. O p 916-6654100 An estimate of the total price of the labor,services, GATEWAY PACIFIC CONTRACTORS INC equipment or materials furnished or to be furnished is: 8055 FREEPORT BLVD $405,995.76 SACRAMENTO CA 95832 Trust Funds to which Supplemental Fringe Benefits are payable: SUB CONTRACTOR/person or firm who contracted for the purchase of such labor,services,equipment or materials is: 916-6654100 GATEWAY PACIFIC CONTRACTORS 8055 FREEPORT BLVD SACRAMENTO CA 95832 OTHER INFORMATION,if any. BY: C1 J&I)Jff_Q Agent Dated: 08/29/2005 (Signature) (Title) R L NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT I,Cindee Wood,declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK/PUBLIC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 08/29/2005. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. BY: 61d& A Cindee Wood, Agent Executed at SAN DIEGO,California on 08/29/2005. This form prepared by CAPRENCS INC 4345 Murphy Canyon Rd Suite 200,San Diego CA 92123(800)8542100,FAX(858)5667626 PRELIMINARY 20-DAY NOTICE(PRIVATE WORK) California Civil Code Sections 3097,3098,3111,3241 &3252 at Seq. THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials CITY OF SAN JUAN CAPISTRANO furnished or to be furnished by the undersigned: 32400 PASEO ADELANTO San Juan Capistrano,CA 92675 TO:ORIGINAL CONTRACTOR 2. Estimated Price:$2,500.00 OR REPUTED CONTRACTOR 3.The name of the person who furnished that labor,service, GATEWAY PACIFIC CONTRACTORS, INC. equipment or materials is: 8055 FREEPORT BLVD Arrow Tools,Saws&Fasteners, INC Sacramento,CA 95832 15219 Stagg Street Van Nuys,CA 91405 TO: LENDER,SURETY OR 4.The name of the person who contracted for purchase of that BONDING COMPANY labor,service,equipment or material is: NONE CALEX ENGINEERING COMPANY 23651 PINE STREET NEWHALL,CA 91321 5.The description of the jobsite is: 26861 MISSION HILLS DR. San Juan Capistrano,CA 92675,in the County of Orange VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PRIVATE WORK) on behalf of the claimant. I have read the foregoing document and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Van Nuys, California on 07/13/2005 for ARROW TOOL A �&FASTENERS, INC. gy; LTJ�J Bobbi Torres, Office Manager PROOF OF SERVICE BY MAIL AFFIDAVIT I, declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK) By First Class Certified Return Receipt Reouested or ter d Mail service,postage prepaid, addressed to each of the parties at the addresses shown above on 07/13/2005. 1 declare and r ally f rj ry un er t e aws of the State of California that the foregoing is true and correct. Signed b Print Name/Title: HEATHER GLUCKMAN Executed at V171' ys,-California on 07/13/2005. ArrOW TOOTS Fasteners &Saw, Inc. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a Mechanic's Lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by(1) Requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor,or (2)Any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer that five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail, certified mail, or first class mail, evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. x I WAS- CITY OF SAN JUAN CAPISTRANO 32400PASEO ADELANTO San Juan Capistrano,CA 92675 07113/2005 RE: NOTICE TO OWNER OR PUBLIC ENTITY Dear Sir or Madam: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:26861 MISSION HILLS DR.project, located at, San Juan Capistrano,CA 92675 Such labor,services,equipment or materials were contracted for by: CALEX ENGINEERING COMPANY,23651 PINE STREET, NEWHALL,CA 91321 , who is one of the owners,general contractors or subcontractors of this project. We are further required by law to notify you at this time that It bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor,or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call me personally at(818)780-1464. Thank you. Sincer y, gy: H\1/1- Bobbi Torres,Office Manager Dated 07/13/2005 for Arrow Tools, Saws&Fasteners, INC, 15219 Stagg Street,Van Nuys,CA 91405 • Dated: 07/19105 CA422322 1111111111111 111111111 7114 7389 6621 1107 6059 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 07/19/05 CA422322 QUINN SHEPHERD RENTALS CITY OF SAN JUAN CAPISTRANO _ 2425 KELLA AVE 32400 PASEO ADELANTO WHITTIER CA 90601- 1531 SAN JUAN CAPISTRANO CA 92675 2-Has furnished or will furnish labor, services,equipment,or materials of the following general description: 251196 SJC Reputed Construction Lender or Lessee CO#TERMINAL RESERVOIR NO 3 3-An estimate of the total pri%of the r BOND# 104328759/TRAV CAS & SUR labor,services,equipment,or p aterials CO OF AMER/ONE TOWER SQ furnished or to be furnished is:? rn HARTFORD CT 06183 $7,700.00 C--S2 r C1 z� N rn Reputed Original Contractor c) CD 4-The building,structure or oth!rfw rk of GATEWAY PACIFIC CONTRACTORS improvement is located at: °r N� rn INC 055 FREEPORT BLVD 220470S/TERMINAL RESER- VOIR/26861 MISSION HILLS 3-' to SACRAMENTO CA 92675DR& RANCHO VIEJO C:) CD A.D.C. UNKNOWN 27151 HIGHLAND DR(ORANGE) SAN JUAN CAPISTRANO CA NOTICE TO PROPERTY OWNER 5-The name of the person or firm who contracted IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, for the purchase of such labor,services, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE equipment or material is: FURNISHED,A MECHANICS' LIEN LEADING TO THE LOSS, CALEX ENGINEERING THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL 23651 PINE STREET OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY NEW HALL, CA 91321 BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH 6-Name and address of Trust Funds to which TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY Supplemental Fringe Benefits are payable (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE (if applicable): SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN 5 UNITS, PRIVATE PROJECT OWNERS MUST 7-Jobsite is Federal Public Work Title 40 USC NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN Sec.270A-270E. CLAIMANT WHO HAS PROVIDED THE OWNER WITH A Contract# PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH Bond Co: SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST- CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. Signed FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO L zed Agent RECORD A LIEN. Construction Notice Services,Inc. 1.600-366- File:203021 (CA PV) Owner Customer: GATE PACIFIC CONTRACTORS INC Notice Requested by: • RefNum: W Hughes Supply Inc Job Name: TERMINAL 3 RESERVOIR One Hughes Way lob#: 652263 Orlando,FL 32805 (407)822-2999/NTO Team Cert#: 7005 0390 0000 0084 1621 ARY 20-DAY NOTICE LPI FU-IS``JJ WORK) ISS This is not a lien. s isis not 25 ot a reflectionn IIJJon the integrity of any contractor or subcontractor, but the notice.�retoth(1 in California Civil Code section 3098 SAN JUAN CAPISTRANO TO THE OWNER OR REPUTED OWNER 1.The following is a general description of the labor,service, CITY OF SAN JUAN CAPISTRANO equipment or materials furnished or to be furnished by the 32400 PASEO ADELANTO undersigned: SAN JUAN CAPISTRANO,CA 92675 Wholesale Building Materials 2.Estimated Price: $20,000.00 TO THE ORIGINAL OR REPUTED CONTRACTOR 3.The name of the person who furnished that labor,service,equipment or materials is: GATEWAY PACIFIC CONTRACTORS INC Hughes Supply Inc 8055 FREEPORT BLVD One Hughes Way SACRAMENTO,CA 95832 Orlando,FL 32805 (407)822-2999/NTO Team (916)665-4100 4.Date labor,service,equipment or materials first famished: 8/22/2005 TO THE LENDER/SURETY OR REPUTED LENDER/SURETY 5.The name of the person who contracted for purchase of that labor, service,equipment or material is: GATEWAY PACIFIC CONTRACTORS INC 8055 FREEPORT BLVD Bond/Loan# SACRAMENTO,CA 95832 6.The description of the jobsite is: TERMINAL 3 RESERVOIR#652263 26861 MISSION HILLS DRIVE, SAN JUAN CAPISTRANO,CA 92675 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment,or materials furnished or to be famished,a mechanics'lien leading to the loss,through court foreclosure proceedings of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full.You may wish to protect yourself against the consequence by(1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractors,or(2)any other method or device that is appropriate under the circumstances.Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded with 10 days of its recordation.Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate of mailing.Failure to notify will extend the deadlines to record alien. Dated:08/15/05 By: Miranda Buono/CRF Solutions Authorized Agent For: Hughes Supply Inc PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above named parties,at the addresses listed above,on 08/15/05.I declare under penalty of perjury that the foregoing is true and correct. Executed at Siimmi/i Valley,CA on 08/15/05. J �i Miranda Buono/Lien Administrator 70050390000000841621 8/16/2005 CITY OF SAN JUAN CAPISTRANO 203021 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 IMPORTANT NOTICE PLEASE READ CAREFULLY Enclosed you will find a notice that is being sent to you on behalf of Hughes Supply Inc in regards to the construction project known as TERMINAL 3 RESERVOIR 652263 and located at 26861 MISSION HILLS DRIVE , SAN JUAN CAPISTRANO, CA 92675. It is important to note that this notice is not a lien. This is a routine procedure to comply with certain state requirements that may exist and should not reflect in any way on the integrity or credit standing of any of the known interested parties associated with this job. If any information is incorrect, or if you are not associated with this job,please do not hesitate to contact Hughes Supply Inc at 407-893-9230. File:991 [CA] [PUBLIC] [OWNER]0 I Customer: Calex Engineering Recording Requested by and Return to: 1 P.O. #: Idaho Pacific Lumber Co, Inc I Project: Terminal Reservoir Job #204-70 1 Rec ID: lG40N5FX4 370 N Benjamin Lane #120 1 Job #: CESC44 Boise, ID 83704 1 Cert No. : 7004 1160 0005 6855 8800 PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) (California Civil Code Sections 3098, 3111 Q 3252 at Seq.) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON TBE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description of City Of San Juan Capistrano the labor,service,equipment or materials 32400 Paseo Adelanto furnished or to be furnished by the undersigned: San Juan Capistrano, CA 92675 Lumbar i Framing Materials 2. Estimated Price: $90,652.24 TO ORIGINAL OR REPUTED CONTRACTOR 3. The name of the person who furnished N Gateway Pacific Contractors, Inc. that labor, service, equipment or D o 8055 Freeport Blvd. materials is: Sacramento, CA 95832-9716 Idaho Pacific Lumber Co, Inc 370 N Benjamin Lane #120Cn_ Pal Boise, ID 83704 Z—� CA - m_ 4. The name of the person who contracted forTO D CityEOfESanSJuanyCapistranoG CO puorrmaterial ischase of at labor, service, equipment -U Cr T rn OR N zm V 32400 Paseo Adelanto Cal" Engineering Co �� v San Juan Capistrano, CA 92675 23651 Pine St IV Newhall, Ca 91321 = O co 5. The description of the jobsite is: Terminal Reservoir Job #204-70 26861 Mission Hills Dr. San Juan Capistrano, CA 92675 County of Orange REQUEST FOR COPY OF PAYMENT BOND AMID NAM OF SURETY COMPANY TO CONTRACTING BODY: City Of San Juan Capistrano or State Comptroller The undersigned claimant hereby declares that he has supplied labor or materials as described above, that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant, at the address listed above, and the current address of the contracting public entity. NOTICE TO PRndE OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE-DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Boise, Idaho on 02/10/20,0/5 for IDAHO PACIFIC LUMBER CO, INC. Prepared by: f ///".M �/� Morgan S. Hicks, Treasure Phone: (208) 375-8052 Fax: (208) 375-3054 PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by certified or registered mail, postage prepaid, or other certified delivery, addressed to the above named parties, at the addresses listed above, on 02/10/2005. I declare under penalty of perjury that the foregoing is true and correct. Executed at Boise, Idaho on 02/10/2005. Prepared by: Morgan S. Hicks,, T�r n CALIFORNIA PRELIMINARY 20-DAY NOTJQ USE PROOF OF SE*E AFFIDAVIT OF CALIFORNIA PRELIMINARV AY NOTICE ON BLUE COPY (PUBLIC AND PRIVATE WORKS) IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE CONSTRUCTION LENDER or YOU ARE HEREBY NOTIFIED THAT ..... Reputed Construction lender,if any Twining Laboratories Of Southern Ca. 3310 Airport Way Long BeachCA 90806 Project No: 050023 Project Name: SAN JUAN CAPISTRANO TERMINAL RESERVOIR#3, 10 103242 (SJC Has furnished or will furnish labor,services,equipment or materials of the following general description: 0 Construction Testing And Inspection OWNER OR PUBLIC AGENCY for the building,structure or other work of improvement located Or Reputed Owner (on Public Works) at: (on Private Work) • 26861 MISSION HILLS DRIVE CITY OF SAN JUAN CAPISTRANO 0 PETER SALGADO • SAN JUAN CAPISTRANO `fop, H 92675 32400 PASEO ADELANTO The name of the person or firm who-eontractafor tla. SAN JUAN CAPISTRANO CA 92675 purchase of such labor,services,a gerrg iprnent`mats ' # RBR CONSULTING - Z 14725 ALTON PKWY _ O _ � IRVINE,CA.92618 Construction Loan No: (if known) NOTICE TO PRQ0ERTY HWNE1 If bills are not paid in full for the Iti4or,seriJpes,equipment,or ORIGINAL CONTRACTOR OR materials furnished or to be furnished,a n a�hanicV1ien leading to t loss,through court foreclosure proceeding&of all or part of your Reputed Contractor,if any property being so improved may be placed against the property eves though you have paid your contractor in full.You may wish to prote. GATEWAY PACIFIC CONTRACTORS, INC yourself against this consequence by(1)requiring your contractor t GARY. BECHTEL furnish a signed release the person or firm giving you this notice 8055 FREEPORT BLVD before making payment Into your contractor(2)requiring your SACRAMENTO CA 95832 contractor to furnish a receipt to establish that you paid the contractor in full and recording not later than 30 days from the recei of this preliminary notice an affidavit that you paid the contractor in full,or(3)any other method or device that Is appropriate under the circumstances. PLEASE NOTE:The italicized language was Included in the notice by a drafting error in Senate Bill 914 and may be disregarded SUBCONTRACTOR The person or firm giving this notice is required,pursuant to a collective bargaining agreement to any supplemental fringe With whom claimant has contracted benefits to an express trust fund(described in Civil Code 3111),said fund is identified as follows: (strike if inapplicable) The International Union of Operating Engineers, Local 12 (Health,Welfare, Pension,Holiday,Vacation Funds) Pasadena,Ca. Mailed this date: 01/06/2005 Fiore Project "This is not a notice that the undersigned has not been or does nt xpect i An estimate of the total price of labor,services,equipment orinator be paid,but a notice required by law that the undersigned may at future materials furnished or to be furnished is: date,claim a lien as provided by law against the property if the undersigner is not paid" $1,000.00 Time and Materials Only(This is an Estimate) CALIFORNIA PRELIMINARY 20 DAY NOTICE(REV 1-2000) 11206002 DECLARATION OIRERVICE OF CALIFORNIA PRELIMINARY 20-DAY NOTICE In Accordance with Section 3097.1 ©and 3098,California Civil Code 1 Jill B.Fiore declare: On 01/06/2005 Declarant served the CALIFORNIA PRELININARY 20-DAY NOTICE on the interested parties as follows: B placing a true co thereof enclosed in a sealed en o e wit first cl ss re istered or X Y P 9 PY yI P 9 certified postage paid in the United State mail at lmjl'�/ Q,�((t�j`; addressed as follows: V tel/ CITY OF SAN JUAN CAPISTRANO GATEWAY PACIFIC CONTRACTORS,INC PETER SALGADO GARY.BECHTEL 32400 PASEO ADELANTO 8055 FREEPORT BLVD SAN JUAN CAPISTRANO CA 92675 SACRAMENTO CA 95832 By leaving a true copy thereof at the address or place of business with some person in charge, of the parties whose names and addresses are delivered below: I declare under the penalty of perjury that the foregoing is true and correct. Executed at (Signature) Jill B. Fiore Project Coordinator *9Mtt'IW4AAIL NO.' SaA PRELIMINARY NOTICE 7100 6309 2640 3646 6195 In accordance with sections 3097 and 3098,California Civil Code THIS IS NOT A LIEN. This is NOT a reflection on the I integrity of any contractor or subcontractor.You are hereby��Q,oQiy�,�fpval that F S T SAND & GRAVEL,INC., -- P.O."Box 2798,Corona,CA 91718 has furnished Ii'11EYtiE6or,service,equipment or material ! s+ .,qf,S�e.follgWigggenero d9sFrip1q): Sand,andljk %Rpt"rq„pgrpAher work of improvement located at o 9 The n m o the person or firm ggtr ct fpr,t parch �,equip or nal furnished o�to furnished is Wh°c G. 3� ., : pPr �pVV C� ZR fB o f tot h e f t Iat�or,sw,4Q e p i * bar material is " � l �g. L � . >�R C77< ej NOTICE TO PROPERTT OWNER X bills arend paid in full for the MM,services,e0PRI m,IX matefial5 fur niah•d IX to be famished,a rnecfmnk's Ben leading to Me bss,Mrough coup loreclowre rNOt¢adinge,M all IX parr M your prOparly beim)BO ImyMOVed I118Y fIE pIBCBd egeuret Me property eVM 1h9U911 Yoa.tlavC pall Yoar NIIVBCIIX In full. Vou may wrsh M prmem yourseN agyrret Mie consequence by(')regwnng your comrector to tumiah a . k'1 L Vu. rdeaee Dy son a firm giv flNs notice before mewn9 PeYmant to Your contrxtor,IX h2 any Wrer ar device Mel m de umler the circumstances. Otlxr than reeiderrod omeowners d aWdfin9s con�ainmg fewer Men ve arms,Private prgect owners mwr r1y Me odginal comreClIX and any I'an ekimard who hes Povided the owner wNh a preliminary 2PMy fwn notice in ;L ;7d wiM Secaan 3097 drib Ciwl code Mat a ndfce d cpnpktiar IX radce d cessanan nae been ,J V t. �, i�,L ;� • r# nwrdetl wid,in 10 Aeys d ih recce shell he W regiakrM mail,certifkd mail,a firaldess d� mail,evidenced try a certdkete d are to notify will exlenE Me deadlines to rewrd a lien. - 'iOPJt^ PHONE: (909)277.8440 • FAX:(909)277.8904 \) �iJ?',ANfv' r'dWEkION f•CC-tlW INN MAr4A i';, :7Ml: {{ Ll.Al PA: ( : l.''.'AF.' ;7 !/S/7!��(if(�(y, fel j b !- Su.t1 ''(iAPi CAP , ? PAN') 4h - ,'yi4nln,- . at h. , WATERSAVER COMPANY, INC. Mail. S www.watersaver.com , Physical: ® P.O.Box 16465 /A �. t` 5870 E.56th Avenue Denver,CO 80216-0465 R E G �E D Commerce City,CO 80022-3932 • Phone:303.289.1818/800.525.2424 Fax:303.287.3136 t !NS JUL 14 P 0 51 Estebliabetl 1953 CIT) City of San Juan Capistrano SAN JUAN ,TRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 07/11/2005 RE: NOTICE TO OWNER OR PUBLIC ENTITY To the Public Entity: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:Terminal Resorvoir No.3 project,located at 26861 Mission Hills Drive,San Juan Capistrano,CA 92675 Such labor,services,equipment or materials were contracted for by: Gateway Pacific Contractors, Inc.,8055 Freeport Blvd., Sacramento,CA 95832 , who is one of the owners,general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor,or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call me personally at(303)287.3136. Thank you. Sincerely Ph (303)287-3136 Fax:(303)287.3136 Shirleen K.D'Amato,Executive Vice Presiderill Dated 07/11/2005 for Watersaver Company, Inc., 5870 East 56th Avenue,Commerce City,CO 80022 Equal Opportunity Employer PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) California Civil Code Sections 3098,3111,3241 &3252 at Seq. THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:Owner 1.The following is a general description of or Reputed Owner the labor,service,equipment or materials City of San Juan Capistrano furnished or to be furnished by the undersigned: 32400 Paseo Adelanto Watersaver Geomembrane Liner/Related Accessories/Technical San Juan Capistrano,CA 92675 Service/Installation Charges To:Original Contractor 2. Estimated Price:$10,000.00 or Reputed Contractor 3.The name of the person who furnished that labor,service, equipment or materials is: Watersaver Company, Inc. 5870 East 56th Avenue To: Lender,Surety or Commerce City,CO 80022 Bonding Company 4.The name of the person who contracted for purchase of that Travelers Casuality and Surety labor,service,equipment or material is: Company of America Gateway Pacific Contractors, Inc. One Tower Square 8055 Freeport Blvd. Hartford,CT 06183 Sacramento,CA 95832 Acct/Bond#104328759 5.The description of the jobsite is: Terminal Resorvoir No.3 26861 Mission Hills Drive San Juan Capistrano,CA 92675 REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY:City of San Juan Capistrano or State Comptroller The undersigned claimant hereby declares that he has supplied labor or materials as described above,that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant,at the address listed above, and the current address of the contracting public entity. VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) on behalf of the claimant. I have read the foregoing document and know the contents thereof;the same is true of my awn knowledge. I declare under penalty of perjury under the laws of the State of Californi It the foregoing is true and correct. Executed at Commerce City, Colorado on 07/11/2005 for WATE ER COMP NY NC P a:(303)287.3136 Fax:(303)287-3136 Shirleen K.D'Amatc, xecuhve Vice PresidenUCFO PROOF OF SERVICE BY MAIL AFFIDAVIT I, Jane C. Craig declare that I served copies of the above PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) By First Class Certified Return Receipt Requested or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above on 07/11/ 1 declare under penal t of perjury under the laws of the State of California that the foregoing is true and correct. By: � _Jane C.Craig,Accounts Receivable Exec ed at Commerce City,Colorado qr; /11/2005. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undersigned has entered into a contract to perform labor or furnish materials for the above-described public project,and will look to you and your sureties for payment if the person ordering such materials and labor fails to pay for them. Pile: 181985 (CA PV) Owner Customer: LT EX�VATING INC Notice Requested by: ` RefNum: United Rentals Northwest,Inc. Job Name: TERMINAL RESERVOIR NO,3 2301 Dupont Dr#400 Job#: 56748317049 Irvine,CA 92612 949-809-0167 Cert#: 7005 0390 0000 0081 8487 PRELIMINARY 20—DAY NOTICE (PUBLIC WORK) This is not a lien.This is not a reflection on the integrity of any contractor or subcontractor, but the notice prescribed in California Civil Code section 3098 TO THE OWNER OR REPUTED OWNER 1.The following is a general description of the labor,service, CITY OF SAN JUAN CAPISTRANO equipment or materials furnished or to be furnished by the 32400 PASEO ADELANTO undersigned: SAN JUAN CAPISTRANO,CA 92675 Miscellaneous,Construction,&Equipment Rentals 2.Estimated Price: $2,500.00 TO THE ORIGINAL OR REPUTED CONTRACTOR 3.The name of the person who furnished that labor,service,equipment or materials is: GATEWAY PACIFIC CONTRACTORS INC. 8055FREEPORT BLVD United Rentals Northwest,Inc. 2301 Dupont 61 #400 SACRAMENTO,CA 95832-9716 Irvine,CA 92612 949-809-0167 (916)665-4100 4.Date labor,service,equipment or materials first furnished: 5/25/2005 TO THE LENDER/SURETY OR REPUTED LENDER/SURETY 5.The name of the person who contracted for purchase of that labor, service,equipment or material is: LT EXCAVATING INC 27601 FORBES RD#53 Bond/Loan# LAGUNA NIGUEL,CA 92677 6.The description of the jobsite is: TERMINAL RESERVOIR NO.3#56748317049 26861 MISSION HILLS DR., SAN JUAN CAPISTRANO,CA 92675 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment,or materials furnished or to be finished,a mechanics'lien leading to the loss,through court foreclosure proceedings of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full.You may wish to protect yourself against the consequence by(1) requiring your contractor to firnish a signed release by the person or firm giving you this notice before malting payment to your contractors,or(2)any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded with 10 days of its recordation.Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate of mailing.Failure to notify will extend the _deadlines jttoo record a lien. Dated:06/30/05 By: Miranda Buono/CRF Solutions Authorized Agent For: United Rentals Northwest,Inc. PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above named parties,at the addresses listed above,on 06/30/05.1 declare under penalty of perjury that the foregoing is true and correct.Executed at Simi Valley,CA on 06/30/05. /1� x-Y^ / By: _ ilflti AP // �. Miranda Buono/Lien Administrator -4 A(.JRD CERTIFIC TE OF LIABILITY INSURANCE OF ID A DATE IMM DD YYYY) GATEWAI 12/28/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gallagher Construction ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 580 California St. , Suite 1200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, San Francisco CA 94104-1098 Phone: 800-500-7202 Fax:415-391-1882 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: St. Paul Fire & Marine INSURER B: National Nnioa Fire Iac. Co. Gateway Pacific Contractors, Inc. INSURER c: stare compensation me:. Fond 8055 Freeport Blvd. II C NsuRER D: Sacramento, CA 95832 NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 P UCY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MWDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY KC03300019 08/31/04 08/31/05 PREMISES(Ea oc<urence) $ 100,000 CLAIMS MADE [�] OCCUR MED EXP(Any one person) $ 5,000 X X.C.U.included PERSONAL B ADV INJURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $2,000, 000 POLICY X PRO- ECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO KC03300019 08/31/04 08/31/05 (Ea ac cent) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE s4,000,000 B X OCCUR E CLAIMSMADE BE2684892 08/31/04 08/31/05 AGGREGATE s4,000,000 a DEDUCTIBLE $ X RETENTION 8 l O,O o O $ WORKERS COMPENSATION AND X TORY LIMITS ER C EMPLOYERS'LIABILITY 1563864-05 01/01/05 01/01/06 E.L.EACH ACCIDENT $ 1,000 000 ANY PROPRIETOWPARTNEP/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1, 000,000 Ii yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1, 000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Terminal Reservoir No.3. The City of San Juan Capistrano,its Directors,officers,Agents,Employees, Engineers,and Consultants for this contract,and all public agencies from whom permits will be obtained and their Directors,Officers,Agents and Employees are named as Additional Insured as respects (continue next page) CERTIFICATE HOLDER CANCELLATION SANJDA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILLMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,Bk11:ii;�i6 BG GGii1••• City of San Juan Capistrano 1 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ReMff3PhrATWM. AUT ORIZ EP TATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 �, . MENNEN to General Liability and Automobile Liability as required by written contract, per attached endorsement. 32400TO -; � m! SAN JUANNCA CAPISTRANSTRANO,CA 92675 y��,/y mu1PeIAtF1 MEMBERS OF THE CIT'COUNCIL (949)4931171 [nnuse[o 1961 SAM ALLEVATO (949)4931053 FAx 1776 DIANE L.SATHGATE www.sanjuancapistrano.org WYATT HMT `!,� • • JOE SOTO DAVID M.SWERDUH December 16, 2004 Gateway Pacific Contractors 8055 Freeport Blvd. Sacramento, CA 95832 RE: Compliance with Insurance Requirements —Terminal Reservoir# 3 The following insurance documents are due to expire: ✓ Workers Compensation Certificate 1/1/20 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above e ion date. I ou have any questions, please contact me at (949) 443-6309. ce i Gueva Adm istrativ ecretary cc: Michelle Perea, Administrative Secretary San Juan Capistrano: Preserving the Past to Enhance the Future [A-G RD, CERTIFI TE OF LIABILITY INSU CE °RWAI °A1z 28/04 ' -PRODUCER - THIS CERTIFICATE IS NO VIr RI �.M.�j(Jfl� ) Gallagher Construction ONLY AND CONFERS NO 61� E'QETt`l ffC14- _N ,qervices HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3 California St. , Suite 1200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. _.n Francisco CA 94104-1098 Phone: 800-500-7202 Fax:415-391-1882 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. St. Paul Fire & Marine INSURER R National Unipn fire ins. co. Gateway Pacific Contractors, Inc. INSURER C: state Cnapensaticn inaf. fund 8055 Freeport Blvd. INSURER D' Sacramento, CA 95832 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRPIRATION POLICYPOLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000,000 A X COMMERCIAL GENERAL LIABILITY KC03300019 08/31/04 08/31/05 PREMISES Ea occurence) $ 100,000 CLAIMS MADE ] OCCUR MED EXP(Any one person) $ 5,000 X X.C.U.included PERSONAL B ADVINJURY $ 1, 000, 000_ X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2, 000,000 POLICY X JECT LOC AUi OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 11000,000 A X ANY AUTO KC03300019 08/31/04 08/31/05 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Peraccidenl) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY'. AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $4, 000,000 B X OCCUR CLAIMSMADE BE2684892 08/31/04 08/31/05 AGGREGATE s4,000,000 DEDUCTIBLE $ X RETENTION $10, 000 $ WORKERS COMPENSATION AND X I TORY LIMITS ER EMPLOYERS'LIABILITY C ANY PROPRIETORIPARTNER15XECUTIVE 1563864-05 01/01/05 01/01/06 E.L.EACH ACCIDENT $ 1, 000 000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE�EA EMPLOYEE $ 1, 0()0,000 11 yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1, 000,000 OTHER DESCRIPTION OF OPERATIONS I LOOA1'IONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Terminal Reservoir No.3 . The City of San Juan Capistrano,its Directors,officers,Agents,Employees, Engineers,and Consultants for this contract,and all public agencies from whom permits will be obtained and their Directors,Officers,Agents and Employees are named as Additional Insured as respects (continue next page) CERTIFICATE HOLDER CANCELLATION SANJIIA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL2NII MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of San Juan Capistrano 32400 Paseo Adelanto 1 San Juan Capistrano, CA 92675 RllfR[SEKTAT11". AUT ORIZ EP TATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 m� Q NMI to General Liability and Automobile Liability as required by written contract, per attached endorsement. ACORD CERTIFICA OF LIABILITY INSURANW OP ID A DATE(MMIDD/YYYY) GATEWAI 09/30/04 PNODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gallagher Construction ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 580 California St. , Suite 1200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104-109,8-= Phone: 800-500-7202 Fax:41pv'-, '19C-102 '_ '�;�, INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: St. Paul Fire & Marine INSURER B: Nacional union Fire Ins. Co. Gateway Pacific nr- Contractors, Inc. 1 .� �L `"' INSURER C: Stec. can,...scion loss. Fund 8055 Freeport BlvdI INSURER D: Sacramento, CA 958 2 L — NSURER E: COVERAGES I PC[i'J "S THE POLICIES OF INSURANCE LISTED BELOW HAVE-B ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR DATE MFFECTI DATE TYPE OF INSURANCE POLICYNUMBER POLICY MID TIV POLICYMWDD I N LIMITS EXPIRATI GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY KC03300019 08/31/04 08/31/05 PREMISE (Ea occurence) $ 100,000 CLAIMS MADE OOCCUR MED EXP(Any one person) $ 5,000 X X.C.U.included PERSONAL BADV INJURY $ 1,000,000 X Contractual Llab. GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY X SCOT LOC AUTOMOBILE LIABILITY A X ANY AUTO KC03300019 08/31/04 08/31/05 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $4,000,000 B X I OCCUR EJCLAIMSMADE BE2684892 08/31/04 08/31/05 AGGREGATE $4,000,000 s DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X 70RV LIMITS ER C EMPLOYERS'LIABILITY 1563864-04 01/01/04 01/01/05 E.L.EACHACCIDENT $1,000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,0 0 0,0 0 0 Use,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Terminal Reservoir No.3. The City of San Juan Capistrano,its Directors,officers,Agents,Employees, Engineers,and Consultants for this contract,and all public agencies from whom permits will be obtained and their Directors,Officers,Agents and Employees are named as Additional Insured as respects (continue next page) CERTIFICATE HOLDER CANCELLATION SANJUA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL BRBD VeRaPe MAIL 30 DAYS WRITTEN NOTICE TO TME CERTIFICATE HOLDER NAMED TO THE LEFT, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 REPRESS RIA*mi AUTOR�TATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 to General Liability and Automobile Liability as required by written contract, per attached endorsement. Policy Number: KC03300019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) who are "insureds' with the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 08/31/04 Countersigned By: Named Insured: Gateway Pacific Contractors, Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): The City of San Juan Capistrano, its Directors, officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees. Re: Re: Terminal Reservoir No.3. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization indicated above is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION 11 of the Coverage Form. • • ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRACTORS GENERAL LIABILITY - INCLUDING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection. How Coverage is Changed: There are two changes which are described Architect, engineer, or surveyor below. professional services includes: 1. The following is added to the Who is • the preparation or approval of maps, Protected Under This Agreement section. drawings, opinions, reports, surveys, This change adds certain protected change orders, designs or specification; persons and limits their protection. and Additional protected person. This • supervisory, inspection, or engineering person or organization named below is services. an additional protected person as required by a contract or agreement with 2. The following is added to the Other you. But only for covered injury or primary insurance section. This change damage arising out of: broadens coverage. • your work and your completed work We'll consider this insurance to be for that person or organization; primary and non-contributory to the additional protected persons listed above • premises you own, rent, or lease; or if: • maintenance, operation, or use of . your contract with that owner or contractor equipment leased from that person or requires that we consider this insurance to organization. be primary or primary and non- We explain what we mean by your work contributory; or and your completed work in the Products • you request before a loss that we and completed work total limit section. consider such insurance to be primary or primary and non-contributory insurance. If the additional protected person is an architect, engineer, or surveyor, we won't Other Terms cover injury or damage arising out of the performance or failure to perform All other terms of your policy remain the architect, engineer, or surveyor same. professional services. Person or Organization: The City of San Juan Capistrano, its Directors, officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees. Re: Re: Terminal Reservoir No.3. Name of Insured: Gateway Pacific Contractors, Inc. Effective Date: 08/31/04 Policy Number: KC03300019 G0322 Ed.9-97 Printed in U.S.A. FROM . FAX NO. �. 30 2004 04:29PM P2 AC2RQ, CERTIFIC TE OF LIABILITY INSURANCEoPH) A DATEI D YYn GATlNAl 0 0 4 PRODUCER THIS CERTIFICATE B RUED AB A MATTER OF INFORMATION Gallagher Construction ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE services HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Soo California St., Suite 1 00 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ban Francisco CA 94104-1095 Phon*t$00-500-7202 Pax141 -391-1882 INSURERS AFFORDING COVERAGE NNCM INSURED• - INBURERA: St. Paul Tire i Marine INSURERS: utiwd Y.i.n It.. I... W. Gateway tws Pacific INSURER C: - u.N MpmnctoA fM.. FP.! Sacramento, CABl5e3 INSURER D: INSURER E: COVERAGES L' THE POLICIES OF INSURANCE LISTED BELOW HAVE LEEN ISSUED IO THE INSURED NAMED Aomc FOR THE POLICY PERIOD INOIWTEU.NO MITHSTAMING ANY REQUIREMENT.TERM OR CONDITION OP ANY 0 MTRACT OR 0f1i"DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MY SE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE I OLICIES MGCRaED IIRREIN a SUBJECT TO ALL THE TERMS.EXCLUSIONS AIM CONDIT ME OF SUCH POLICIES.AGGREGATE LPITS SHOWN NAY HAVE N REDUCED W PAO CLAIM.ILTp Kp TYPEUILANCE POLICY NUMBER D M BIYYE LMITE GENERAL UASLm EACHOCCURRERCE -1,000,0 0 D A % COMMERCIAL GEKRALUMsm ICCO3300019 06/31/04 08/31/05 PREMISES Mmuffin,-) 1-120,0 0 0 CLAIMS WOE O OCCUR Mm EXP W W PIN IMRPn) i 5.000 X X.C.V,included PERSONAL\ADVINJURY. -1,000,000 % Contractual Liab. MCRALAOOREGAT! 82,000,000 GEHL AGGREGATE LINT MPLI SPER: PRODUCTS_COmMPA0022,,.000,0DO POLICY57 IM 7 Loc —..._ AUTOMOBILE LIABILITY COMBED SINGIA LIMIT %1,000,000 1 A X ANYAUVO KC03300019 06/31/04 06/31/05 (N Raltlml) ALL OWNED AU70S BODILY"JURY SCHEDULED AUKS (For Down) i X HIHEO AUTOS WDLY INJURY X NON-OWNEDAUTOS (PA LEc1SM%) - i P PROPRA VDAMAGE - .......... 1 OARABS LASRIYY AUTO ONLY.EA ACCIDENT 8 - ANYAUTO OTHER THAN EA ACC i AUTO ONLY: A00 - ExCEMIU?Mf%ELLA LIABILITY EACU OCCURRENCE $4,000,000 8 X OCCUR F�CLAIMS MADE 326e4091 06/91/04 09/31/05 AOSREGATE i4,000,COD I DEDUCTIBLE _ - X RETENTION 810 1 WORNMS COMPENSATION AND X TORY LIMIT EMLOYERF LIABILITY ' Q ANY PROPRIETOMPARTMAMIECUTIVE 1563864-04 01/01/04 01/01/05 E.L.EACH ACCIDENT 11.000 0.00 OFFICERMEMBER MLVDE07 EJ,DISEASE-EA EMPIOVE -1,000,000 BW.a..Pab.und. E.L.DISEASE•POLICY usrc -1,000 000 RPECaL FROWBIONS 101. OTHER DESCRIPTION OF OPERATIONSN LOCATIONS NVEHO E=LUSIONS ADDED SY SNOOMEMENTNSMCIA.MONSOONS Ret Terminal Reservoir No. The City of San .Tran Capi trano,its Directors,officers,Agents,Bmployees, i. Bnginsera,and Consultants or this contract,Rnd ell public agencies from wham permits will be obtsi ed and their Directoro,o£ficere,Agsnts and Bmployees ars named as Add tional Insured as respects (continua next page) ' CERTIFICATE HOLDER CANCELLATION SANJDA3 SHOULD ANY OF THE ABOVE DESCRIBED FOLICE$BE CANCELLED BEFORE THE EXPIRATION OATETMEABOF.THE LIIUINO WAUNFRWILL OM&fMWM MAIL 30 IAYBWRITEN NOTICE TO TH!OERTIF=TS HOLDER NAMED TO TK LER,�MMAN City of San Juan C yistrano 32400 PIE= Adelan e MP No Ban .Tuan Gpistsan CA 92675 �^ AUTR�TATIVE ACORD 25(2001100) 0 ACORD CORPORATION 1980 FROM • FAX NO. : !p. 30 2004 04:29PM P3 to Cental Liability and ptomebile Liability a required by written contract, per attached an ro ment. I' I i I I' i E i i i f FROM • FAX NO. ep. 30 2004 04:29PM P4 Pollcy Number: C03300019 THIS ENDC RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsemen modifies insurance provided under the following: BUSIN SS AUTO COVERAGE FORM GARA E COVERAGE FORM MOTO CARRIER COVERAGE FORM TRUC ERS COVERAGE FORM With respect to Co erage provided by this endorsement. the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) who are "insureds" with the Who Is An Insured provision of the Coverage Form. This endorsement does not alter Coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date Is Ind cated below. Endorsement Eff cove: 08/31/04 Countersigned By: Named Insured: Gateway Pacific Contractors, Inc. Authorized Representative) SCHEDULE Name of Persons or Organization(s): The City of San uan Capistrano, its Directors, officers, Agents, Employees, En sneers, and Consultants for this contract, and all public agencies from whom permits III be obtained and their Directors, Officers, Agents and Employees. Re: Re: Termin I Reservoir No.3. I (If no entry app to above, information required to complete this endorsement will be i shown in the Dec! rations as applicable to this endorsement.) !I Each person or o anization Indicated above Is an"insured"for Liability Coverage, but E only to the extent hat person or organization qualifies as an"Insured" under the Who Is An Insured provisl n contained in SECTION II of the Coverage Form. I FRO41 • FAX ND. �. 30 2004 04:29PM P5 ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRACTORS GENERAL LIABILITY - INCLUDING COMPLETED WORK This endorsement ct anges your Contractors Commercial General Liability Protection. How Coverage Is Clanged: There are two changes which are describedArohffai:4 engineer,or surveyor below, professional services Includes: 1. The following Is ad Jed to the Who Is • the preparation or approval of maps, Protected Under This Agreement section. drawings,opinions, reports, surveys. This change adds certain protected change orders, designs or specification; persons and limits 'heir protection. and Additional protac ed person. This • supervisory, inspection,or engineering person or organize Jon named below Is services. an additional prote Aed person as required by a conact or agreement with 2. The following Is added to the Other you. But only for c vered Injury or primary Insurance section. This change damage arising ou of: broadens coverage. i • your work and our Completed work Wall consider this Insurance to be for that person or organization; primary and non-contributory to the additional protected persons listed above • premises you own,rent,or lease;or If: • maintenance, operation,or use of your contract with that owner or contractor equipment leased from that person or requires that we consider this insurance to organization. be primary or primary and non- We explain what a mean by your work contributory;or and your completed work in the Products you request before a loss that we and completed wok total limit section. consider such Insurance to be primary or primary and non-contributory insurance. If the additional protected person Is an architect, engineer,or surveyor,we won't Other Terms cover Injury or damage Arising out of the performance or fai ure to perform All other terms of your policy remain the architect,engineer,or surveyor same. professional services. Person or Orgsnlz tion: The City of San Juan Capistrano, its Directors, officers, Agents, Employees, Engine are, and Consultants for this contract, and all public agencies from (- whom permits will tiIe obtained and their Directors, Officers,Agents and Employees. Re: Re: Terminal R servoir No.3. Name of Insured: Gateway Pacific Contractors, Inc. Effective Date: 8/31/04 Policy Number: KC03300019 60322 6d,9.91 Prioud In 11.8. . FROM • FR){ N0. �. 30 2004 04:2BPM P1 Gateway Pacif ic Contractors, 8055 Freeport Blvd. Inc. Sacramento, Ca. 95832 FAX Date: 9/30/04 Number of pages including cover 5 Trans m itta sheet: To: From: Company: City of San Juan Capistrano Brooks Chappell Attention: Peter Salgado Contract Admintatretor copies to: Phone: 949 443- i366 Phone: (916)665-4100, ext 16 Fax 949 493- 955 Fax phone: (916)665-4119 Subject: Insurance Art& Endoresen ants REMARKS: Q Urg lit ® For your review ❑ Reply ASAP ❑ Please continent Peter— Here is the Insurance cerlificat for Terminal Reservoir No. 3,along with the required endorsements, I will fax the bonds as soon as they are ava table. If you have any questions, please contact me. Thank you! Brooke ACORD CERTIFICAT F LIABILITY INBURAN OP ID A DATE(MWDDIYYYY) GATEWAI d 09/30/04 PRODUCER THIS CERTIFICATE ISMSUED AS A MATTER OF INFORMATION Gallagher Construction ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 580 California St. , Suite 1200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104-1098 Phone: 800-500-7202 Fax:415-391-1882 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: St. Paul Fire & Marine INSURER B: National union Fire Ina. Co. Gateway Pacific Contractors, Inc. INSURER C: Stat. Compsnastio. xnan. Iusd 8055 Freeport Blvd. INSURER D: Sacramento, CA 95832 -- INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER OLI Y EFF CTIVE L V EXPIRATION DATE MM/DD/YY DATE MWDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMRA X COMMERCIALGENERAL LIABILITY KC03300019 08/31/04 08/31/05 PREMISES(Eaoccurence) $ 100,000 CLAIMS MADE X❑ OCCUR MED EXP(Any one person) $ 51000 X X.C.U.included PERSONAL B ADV INJURY $1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGS $ 2,000,000 POLICY X PRO- ECT JLOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 A X ANY AUTO KC03300019 08/31/04 06/31/05 ,000,000 (Fa accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Peraccident) $ PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGS $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $4,000,000 B X OCCUR E-1CLAIMSMADE BE2684892 08/31/04 08/31/05 AGGREGATE $ 4,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X TORY LIMBS ER C EMPLOYERS'LIABILITY 1563864-04 01/01/04 01/01/05 E.L.EACH ACCIDENT $ 1,000 000 ANY PROPRIETORIPARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 I(yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Terminal Reservoir NO.3. The City of San Juan Capistrano,itB Directors,officars,Agents,Employees, Engineers,and Consultants for this contract,and all public agencies from whom permits will be obtained and their Directors,Officers,Agents and Employees are named as Additional Insured as respects (continue next page) CERTIFICATE HOLDER CANCELLATION SANJUA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL 11II190MOR"MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 REPRESIR R-WONGS^' AUT OR6 EP TATIVE ACORD 25(2001/08) ®ACORD CORPORATION 1988 AO.odLD�AE!, � vel.... t. NTL. Bat R�N� GeneralLiability and Automobile Liability ,.Fm62dv ' as required by written contract, per attached endorsement. Policy Number: KC03300019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) who are "insureds" with the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 08131104 Countersigned By: Named Insured: Gateway Pacific Contractors, Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): The City of San Juan Capistrano, its Directors, officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees. Re: Re: Terminal Reservoir No.3. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization indicated above is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION 11 of the Coverage Form. ADDITIONAL 1401TECTED PERSONS ENDAEMENT - CONTRACTORS GENERAL LIABILITY - INCLUDING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection. How Coverage is Changed: There are two changes which are described Architect, engineer, or surveyor below. professional services includes: 1. The following is added to the Who is the preparation or approval of maps, Protected Under This Agreement section. drawings, opinions, reports, surveys, This change adds certain protected change orders, designs or specification; persons and limits their protection. and Additional protected person. This supervisory, inspection, or engineering person or organization named below is services. an additional protected person as 2. The following is added to the Other required by a contract or agreement with you. But only for covered injury or primary insurance section. This change damage arising out of: broadens coverage. • your work and your completed work We'll consider this insurance to be for that person or organization; primary and non-contributory to the additional protected persons listed above • premises you own, rent, or lease; or if: • maintenance, operation, or use of • your contract with that owner or contractor equipment leased from that person or requires that we consider this insurance to organization. be primary or primary and non- We explain what we mean by your work contributory; or and your completed work in the Products • you request before a loss that we and completed work total limit section. consider such insurance to be primary or primary and non-contributory insurance. If the additional protected person is an architect, engineer, or surveyor, we won't Other Terms cover injury or damage arising out of the performance or failure to perform All other terms of your policy remain the architect, engineer, or surveyor same. professional services. Person or Organization: The City of San Juan Capistrano, its Directors, officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees. Re: Re: Terminal Reservoir No.3. Name of Insured: Gateway Pacific Contractors, Inc. Effective Date: 08/31/04 Policy Number: KC03300019 60322 Ed.9-97 Printed in U.S.A. • 3/20/2007 AGENDA REPORT D6 TO: Dave Adams, City Manager FROM: John W. Elwell, Interim Public Works Director SUBJECT: Consideration of Notice of Completion and the Transfer of Funds for the Terminal Reservoir No. 3 Project (Gateway Pacific Contractors, Inc.)(CIP #753) RECOMMENDATION: By motion, recommend to the City Council to: 1. Adopt a resolution declaring the work complete for the Terminal Reservoir No. 3 Project; and, 2. Direct the City, Clerk to record the Notice of Completion; and, 3. Authorize staff to release the retention of $525,112.50 35 days after recordation; and, 4. Authorize the transfer of $100,000 from CIP #753 to CIP #791 to cover off-site environmental mitigation costs. SITUATION: Construction This project replaced the existing Terminal Reservoir No. 2 (T2) with a new six million gallon facility, Terminal Reservoir No. 3 (T3). T2 was in need of replacement due to structural damage caused by differential settlement. On September 21, 2004, the City awarded a construction contract to Gateway Pacific Contractors, Inc. (GPC) for the project. The tank has been on line since early November 2006 and the contract work is complete. Staff recommends final acceptance of the construction contract with GPC. Construction of the project was completed in 858 calendar days. This is 208 calendar days over the contract duration of 650 calendar days. This extension is due to unforeseen conditions encountered during construction including: • Unexpected movement in the eastern shoring wall - The movement entailed the installation of additional structural bracing. This event impacted the start of the Agenda Report • March 20, 2007 Page 2 foundation work for the tank. • Nestina of swallows on the tank wall — During late July 2006, swallows nested on the tank wall prohibiting the contractor from starting pre-stressing activities. A total of 36 nests were discovered on the tank wall. The nests were not completely vacated until late September 2006. This delayed pre-stressing and final coating of the tank. • Inclement weather delays - The bulk of these delays were experienced during the winter of 2005 wherein Southern California received record rainfall. Environmental Mitigation As part of the environmental permits for the project, the City was required to restore about 0.56 acres of wetlands habitat on site. However, during grading activities, it was determined that a portion of the wetlands area could not be constructed on site due to unfavorable geotechnical conditions. To fulfill permit obligations, the City offered to restore the impacted portion off-site and include it with the 760 S Reservoir restoration area. The resource agencies accepted the offer, and as such, the impacted portion shall be constructed, monitored and maintained as part of the 760 S Reservoir restoration efforts. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Water Advisory Commission reviewed this item at their February 27, 2007 meeting. The Commission recommends final acceptance of the contract. FINANCIAL CONSIDERATIONS: Construction Contract The total construction contract cost with GPC was $10,527,276. During construction of the project, two change orders were issued by the City Manager under delegated authority. Change Order No. 1 (C.O. 1) was issued for a total cost of $249,142.14 and a non- compensable time extension of 105 calendar days. This Change Order included the installation of additional structural bracing to arrest the movement in the eastern shoring wall and the construction of a storm drain extension line for a previously undetected storm drain outlet. It also included non-compensable time extensions for inclement weather. C.O. 1 is included for reference as Attachment 3. Change Order No. 2 (C.O. 2) was issued for a total credit of $23,204.39 and a non compensable time extension of 103 calendar days. This Change Order included Agenda Report • • March 20, 2007 Page 3 additional costs for realigning the electrical service line based on field changes requested by the San Diego Gas and Electric Company. It also included credits for the reduction in soil export quantities and the deletion of a proposed sound wall. The sound wall was included in the project due to the potential for gnatcatchers to be present near the project site. However, environmental surveys conducted during construction showed that gnatcatchers were not present. This negated the need for the sound wall. Finally, C.O. 2 included non-compensable time extensions for swallows nesting on the tank wall as well as inclement weather. C.O. 2 is included for reference as Attachment 4. The total cost of Change Order No.'s 1 and 2 increased the construction contract cost by about 2% to $10,753,213.75. Overall Budget The total cost of the project including construction, engineering, construction management, inspection, environmental mitigation, permits and staff support is about $13.5 Million. The adopted Domestic Water Master Plan allocated $15 Million for the project. This equates to a savings of approximately $1.5 Million. The reason for this savings is that the construction contract bids came in lower than the estimated cost of construction. Also, the total cost of change orders for the project was only 2% of the construction cost. Staff originally included a 10°x6 contingency for construction changes. Of the $1.5 Million in savings, about $709,000 was previously transferred to other Capital Improvement Projects, including the 760 S Reservoir Project for construction costs, Cooks Reservoir Project for final design costs, and the Undefined Repair and Replacement Project for the Paseo Crucero waterline replacement. This leaves a balance of approximately $790,000. Attachment 5 details the project budget. Environmental Mitigation As mentioned earlier, a portion of the environmental mitigation for the project shall be constructed off-site at the 760 S Reservoir restoration area. This entails additional costs to the 760 S Reservoir project for permit and restoration plan revisions, grading, and site preparation. It also entails additional costs for the required 5-year monitoring and maintenance program. Staff estimates these costs at $100,000. The 760 S Reservoir project budget does not account for these additional costs; therefore, staff recommends that a total of $100,000 be transferred from the Terminal Reservoir No. 3 project (CIP #753) to the 760 S Reservoir project (CIP #791). As shown on Attachment 3, the budget savings of $790,000 can cover the recommended transfer. After the transfer, a total of about $690,000 will be available for other Capital Improvement projects. Agenda Report • • March 20, 2007 Page 4 NOTIFICATION: Gateway Pacific Contractors, Inc. RECOMMENDATION: By motion, recommend to the City Council to: 1. Adopt a resolution declaring the work complete for the Terminal Reservoir No. 3 Project; and, 2. Direct the City Clerk to record the Notice of Completion; and, 3. Authorize staff to release the retention of$525,112.50 35 days after recordation; and, 4. Authorize the transfer of $100,000 from CIP #753 to CIP #791 to cover off-site environmental mitigation costs. Prepared Respectfully submitted, Pr ep by, J hn W. Elwell Peter Salgado I terim Public Works Director Senior Civil Engineer Attachments: 1. Notice of Completion 2. Resolution 3. Change Order No. 1 4. Change Order No. 2* 5. Budget Summary 6. Location Map * Due to the size of the back-up documentation for the Change Orders, these have not been included in the attachments. The back-up documentation is available for review at the Public Works Department. RECORDING REQUESTED • City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Gateway Pacific Contractors, Inc., 8055 Freemont Blvd, Sacramento, CA 95832 for the Terminal Reservoir No. 3 project. That said work was completed on February 26, 2007, by said company according to plans and specifications and to the satisfaction of the Engineer of Record, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 20th day of March, 2007, by Resolution No. 07-03-20- That upon said contract, the Travelers Casualty and Surety Company of America was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this _day of , 2007. Margaret R. Monahan, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, 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 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 day of 2007. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT RESOLUTION NO. 07-03-20-01 A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE TERMINAL RESERVOIR NO. 3 PROJECT (GATEWAY PACIFIC CONTRACTORS, INC.) WHEREAS, on the 21ST day of September, 2004, the City of San Juan Capistrano entered into a contract with Gateway Pacific Contractors, Inc. for the Terminal Reservoir No. 3 project; and, WHEREAS, the Engineer of Record has evaluated the final quantities and cost figures and recommends approval; and, NOW, THEREFORE, BE IT RESOLVED, by 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 in the amount of $10,753,213.75. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 20X day of March 2007. A4ztd- SAM ALLEVATO, MAYOR ATTEST: r MARG MO H I CLERK cJ Page 1 of 1 03-20-07 � Y 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. 07-03-20-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 201h day of March 2007, by the following vote: AYES: COUNCIL MEMBERS: Nielsen, Hribar, Uso, Soto and Mayor Allevato NOES: C N L MEMBER: None ABSENT.'/_! U CIL MEMBER: None MAR NAHA , C)ty Cldrk February 14, 2007 City of San Juan Capistrano Terminal Reservoir No. 3 Contract Change Order No. 2 CONTRACTOR: This Change Order covers changes to the subject contract as described herein. The Contractor is to construct or furnish equipment and materials, and performs all work as necessary or required to complete the Change Order items for the prices agreed upon between the Contractor and the City. The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this Change Order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order and, further, that the payment under this Change Order is the final and complete compensation for the subject work. Payment to the contractor for this Change Order shall provide full compensation for all equipment, materials, labor, field and home office overhead, mark-ups and profit necessary to complete the work. By executing this Change Order, contractor agrees to proceed with the work as a change order per Section 9 of the Construction Contract and waives any right to additional compensation arising out of work listed in this change order, including without limitation, any claims relating to any cumulative effect of changer orders, delays, productivity impact or interruption. In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additional to or deductions from the contract price are hereby approved. Item Descri tion Amount Credit for reduction in Export Materials as detailed in the attached 1) ($88,320.00) Exhibit "A" Credit for Soundwail Deletion as detailed in the attached Exhibit 2) „A„ ($52,160.00) 1 ATTACHMENT 0 3 Credit for deletion of wetlands grading as detailed in the attached 8,800.00 Exhibit "A" ($— ) 4Credit for reduction in removal in unacceptable soil materials as ($ 3,562.00) ) detailed in the attached Exhibit "A" 5) Credit for staff guage as detailed in the attached Exhibit "A: ($ 189.61) 6) Credit for reservoir engineering analysis due to non-conforming ($ 2,775.00) concrete as detailed in the attached Exhibit A" Replace Check Valve with Cla Val flow control valve as detailed in 7) the attached Exhibit"N' $ 20,778.56 Re-alignment of Electrical Service per SDGE changes as detailed 8) in the attached Exhibit "A" $ 78,772.00 9) SCADA/RTU modifications as detailed in the attached Exhibit"A" $ 2,180.97 10) Furnish and install security alarm kill switch as detailed in the $ 456.02 attached Exhibit"A" 11) Furnish and install planting for off-site wetlands mitigation $ 14,588.00 12) Furnish and install additional pipe for inlet/outlet connection as $ 5,891.00 detailed in the attached Exhibit "A". 13) Furnish and install additional subdrain piping as detailed in the $ 3,468.48 attached Exhibit "A" 14) Reimbursement for construction water costs as detailed in the $ 6,043.48 attached Exhibit "A" 15) Supplemental electrical wiring for temporary SCADA system as $ 453.71 detailed in the attached Exhibit "A" 16) Non-compensable time extension due to inclement weather as $ 0.00 detailed in the attached Exhibit "A" 17) Non-compensable time extension due to migratory birds as $ 0.00 detailed in the attached Exhibit "A" Total for Change Order No. 1 ($23,204.39) 2 0 The original cost for this work was: $10,527,276.00 The cost of amendments/change order(s) to date is: $ 249,142.14 The cost of this amendment/Change Order No. 1 is: ($23 204-39) Upon approval, the total cost of this project is: $10,753,213.75 The original contract completion date for this work was: August 2, 2006 Additional work included in previous Change Orders added: 105 calendar days The additional work included in this Change Order shall add: 103 calendar days The contract completion date shall be revised as: February 26, 2007 The Contractor agrees to furnish all labor and materials and to perform all other necessary work required to complete the Change Order items. This document will become a supplement to the contract and all provision will apply hereto. It is understood that the Change Order shall become effective when approved by the City. RECOMMENDED: �1 � O• _ , z-UE ve ams, ity anager Date YJ n welt, Interim Public Works Director Date zj1�J� Pe Sal d Ve or Civil Engineer Date 14 f-e-9 Z� ill Sei BF, Construction Manager Date 9(A r, ,,, z 1�.1 /o -T Gateway Pacific, Contractor Date 3 CONSULTING February 14, 2007 JN 10-103242 Mr. Peter Salgado, PE CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Terminal 3 Reservoir Project; Contract Change Order No. 2 Dear Mr. Salgado, Based on conditions that have changed in the field, RBF Consulting recommends to the City that Contract Change Order No. 2 be approved. (Back up documentation for each item is on the accompanying digital compact disc) Contract Change Order No. 2 provides for a CREDIT of $23,204.39. Please see attached Exhibit 'A' for a breakdown of cost and time extensions. 01) credit Reduction in Quantity of Line Item no. 6. "Export Materials" - Site conditions did not warrant full use of this item. 02) credit Deletion of Line Item No. 16 "Soundwall". Conditions outlined by the Environmental Consultant (representing Fish and Game and Fish and Wildlife) did not warrant the installation of this item. 03) credit. Due to site conditions, the lower wetlands were mitigated offsite. A credit was given for the work onsite that was not performed 04) credit. Due to site conditions, Line Item No. 5 " Remove unacceptable subgrade" was reduced. 05) credit At the request of the City, a substitution was made to a painted staff guage 06) credit a reservoir engineering analysis due to non-conforming concrete. This credit was agreed upon by the contractor 07) At the request of the City, a substitution was with the specified altitude valve to a Cla Val Altitude valve. 08) Electrical Modifications performed due to change in SDGE requirements. SDGE Operations would not allow the supply line to be placed in the slope. SDGE was not able to secure an easement in the new location. A redesign required relocation of the line and installation of different materials and conductors as well as an additional transformer. 09) At the request of the City, RTU / Scada Modifications were requested by operations in order to create a uniform information management system. 10) At the request of the City, A security switch was added to reduce efforts for staff when on site. 11) Due to site conditions, Due to slope stability concerns, the lower wetlands restoration was deleted and moved off site. The new site is near the entrance to the 760 Reservoir. •14725 ALTON PARKWAY(Zip 92618-2027)•P.O.BOX 57057(Zip 92619-7057)•IRVINE,CALIFORNIA 949.472.3505•FAX 949.855.7050 0 www.Tbf.com 12) A variation in As-built conditions vs. As-built drawings for T2 on the existing inlet and outlet line necessitated additional piping and connections. 13) To expedite filling TR3 while TR2 was still in operation, a pump was utilized. The cost of the pump was shared. 14) Per specifications , the Water District is to pay for the water. Due to an error in billing, GPC was receiving and paying all invoices. 15) At the request of the City, Supplemental communication lines were run from T2 to TR3. This allowed the City to monitor TR3 before the communication system was complete. 16) Allowed for a Non-compensable time extension due to inclement weather. 17) Allowed for a Non-compensable time extension due to Migratory Bird Act of 1919 as and other delays as a result of the extension. This Change Order provides: Extension of contract duration 104 calendar days Adjustments to Bid Item No.'s Extra work based on attached time and material reports. Lump Sum cost based on negotiated prices Compensation: A net credit of$23,204.39 is to be deducted from the current contract. Should you require additional information, or have any questions, please contact me at 949.300.9132. Thank you. Sin ill Seitz Construction Management Attachments:proceed orders,items cva¢wwx XAk zm 10324=.WW_o 000.=o002 aec C..rmo TERMINAL RESERVOIR NO. 3 - Total Project Budget Summary No. 11tern Amount Running Balance 1 Construction 1.1 Construction Contract $ 10,527,276.00 - _ 1.2 C.O. 1 $ 249,142.14 1.3 C.O.2(Credit) $ (23,204.39) 1.4 Construction Subtotal $ 10,753,213.75 $ 10,753,213.75 2 Engineering" Management and Inspection _ 2.1 Const. Mgmt/Insp Contrail _ $ _ 1,129,141.00 2.2 Engineering Design and Construction Support $ 1,052,008.99 2.3 Engineering/Construction Management and Inspection Subtotal $ 2,181,149.99 $ 12,934,363.74 3 Environmental Mitigation _ 3.1 Permit Fees $ 41,489.50 3.1 5 year Maintenance_/lrtigation _ $ _ 192,345.00 3.2 5 year Monitoring - $ 92,897.00 3.3 Environmental Mitigation Subtotal $ 326,731.50 $ 13,261,095.24 4 Appraisal/Land Acquisition 5,000.00 13,266,095.24 5 Staff Support/Misc 232,995.06 13,499,090.30 Total Project Cost -t---13,499,090.30 Total CIP Budget(Domestic Water Master Plan) $- 15,000,000.00 - Budget Savings $ 1,500,909.70 Previous Transfers to Other CIP's(760 S Reservoir,Cooks Reservoir,Paseo Crucero Waterline) _ $_ _ (708,960.70) Subtotal $ 791,949.00 Recommended Transfer to 760 S Reservoir for off-site Mitigation $ . (100,000.00) Available for Transfer for other projects $ 691,949.00 ATTACHMENT THE CITY OF SAN JUAN CAPISTRANO N Project Site (T3 L-3,� r all# -1p DEL 0 3000 6000 9000 Feet ATTACHMENT 6 32400 PASEO ADELANTO � � � � A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 IQ' O (948)493-1171 SAM A (949)493-1053 FAX U IA[o RPORAt(A THOMAASS W (ARAARI$X(A 1961 MARK NEL HRIEIAR SEN W W N'.sant iancapistrano.ori' 1776 JOE SOTO • • DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 20, 2007, in the City Council Chamber in City Hall, to consider: "Consideration of Notice of Completion and the Transfer of Funds for the Terminal Reservoir No. 3 Project (Gateway Pacific Contractors, Inc)(CIP #753)" — Item No. D6. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Board and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, March 19, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Peter Salgado, Senior Civil Engineer. You may contact that staff member at (949) 949-443-6366 with any questions. The Agenda, including agenda reports, is available to you on our web site: www.san*uancaaistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit clerk sanivanca istrano.or . Meg na an, CMC Cit Clerk cc: G way Pacific Contractors, Inc; Peter Salgado, Senior Civil Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future �,, Pnntetl on recycled paper 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 S SAM ALLEVATO (949)493-1171 g / IA[ORVORRi(0 THOMAS W.HRIBAR (949)493-1053 FAXJ EST lufNm 1961 MARK NIELSEN www.sanjuancapistrano.org 1776 JOE SOTO DR LONDRES USO in March 21, 2007 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On March 20, 2007, the City Council of San Juan Capistrano met regarding: "Consideration of Notice of Completion and the Transfer of Funds for the Terminal Reservoir No. 3 Project (Gateway Pacific Contractors, Inc)(CIP #753)" Item No. D6. The following action was taken at the meeting: Resolution No. 07-03-20-01 adopted declaring the work complete for the Terminal Reservoir No. 3 project; the City Clerk directed to record the Notice of Completion; staff authorized to release the retention of $525,112.50 35 days after recordation; and the transfer of $100,000 from CIP No. 753 to CIP No. 791 authorized to cover the off-site environmental mitigation costs. If you have any questions regarding this action, please contact Peter Salgado, Senior Civil Engineer at 949-443-6366 for more detailed information. Thank you, Meg Monahan, MMC City Clerk Cc: Gateway Pacific Contractors, Inc; Peter Salgado, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �� Printed on 100%recycled paper 7/18/2006 G 2a AGENDA REPORT TO: Dave Adams, City Manager FROM: John W. Elwell, Interim Public Works Director SUBJECT: Consideration of Project Update for the Terminal Reservoir No. 3 Project and the 760 S Reservoir Project (CIP# 753 and 791) City Council Priority No. 21 and 22 RECOMMENDATION: By motion, receive and file SITUATION: Terminal Reservoir No. 3 Proiect The City is currently replacing the existing Terminal Reservoir No. 2 (T2) with a new 6 million gallon facility, Terminal Reservoir No. 3. T2 is in need of replacement due to structural stress caused by differential settlement. The project is located in the Mission Hills area of the City. Construction of the project is approximately 80% complete. All excavation and slope stabilization work has been completed. Work on the pre-stressed concrete tank is near completion. The tank floor slab and walls have been constructed and the roof structure is 75% complete. Completion of the tank has been impacted due to non-conforming concrete samples from four of the twelve wall panels. Additional concrete samples have been taken to verify the initial concrete tests. Based on extensive evaluations of the additional samples, the project engineer, along with tank manufacturer have found the four wall panels in question to conform to the project's structural specifications. Completion of the tank has also been impacted by a failed structural tendon in one of the wall panels. The repair of the tendon has been completed by the contractor. Any cost impacts due to the additional evaluation of concrete samples as well as the repair of the failed tendon, will be borne by the contractor. The progress of construction has been impacted by a total of 127 calendar days. 44 of the 127 calendar days are due to unforeseen conditions including the installation of additional structural bracing to the eastern shoring wall. The additional bracing was required because movement was detected in one of the structural piles supporting the wall. Impacts due to the non-conforming concrete and the failed tendon are being evaluated by the project team. The balance of 83 days is due to weather related impacts experienced during the 2005 and 2006 rainy seasons. Completion of the Agenda Report July 18, 2006 Page 2 project is currently scheduled for December 2006. 760 S Reservoir Project The 760 S Reservoir is a new 4 million gallon facility which will serve the residents in the south eastern portion of the City. The reservoir is being constructed by SunCal as part of their Water Facilities Agreement with the City. It is located at the eastern end of Reservoir Canyon within the City's South Open Space. Construction of the project is approximately 95% complete. The welded steel tank is complete. Testing, filling and disinfection activities for the tank and feeder pipelines are ongoing. Construction of the chloramination and SCADA facilities and planting of the habitat restoration areas are also ongoing. The reservoir is scheduled to be put in service by late July 2006. The progress of construction has been impacted by a total of 146 calendar days. A substantial portion of this impact is due to contractual issues between SunCal and its tank contractor. These issues arose last Fall at a critical period of the tank construction. Construction was also impacted by weather related delays experienced during the 2005 and 2006 rainy seasons. As mentioned previously, the reservoir is scheduled to be put in service by late July 2006. Construction of the 12" feeder pipeline from La Mirada to De Agua as well as the modifications to the existing pressure reducing station along Calle Esperanza is scheduled to begin in August 2006. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Water Advisory Commission has reviewed this item at their June 27, 2006, meeting. FINANCIAL CONSIDERATIONS: Terminal Reservoir No. 3 Proiect The Fiscal Year 2006-2007 Capital Improvement Budget identifies a total of $5 million for the Terminal Reservoir No. 3 Project. Remaining project costs can be covered within this budgeted amount. 760 S Reservoir Proiect The Fiscal Year 2006-2007 Capital Improvement Budget identifies a total of $3.8 million for the 760 S Reservoir Project. Remaining project costs can be covered within this budgeted amount. Agenda Report July 18, 2006 Page 3 NOTIFICATION: Not applicable. RECOMMENDATION: By motion, receive and file. Resp ullly su itted, Prepared by, 41erim n W. Elwe P r o Public Works Director eni r Civ 1 En ineer Attachments: 1. Location Map { 1 � THE CITY OF SAN JUAN CAPISTRANO N f Project Site(T3 O .y n � � 6 Y Project Site (760 S) DEL 0 3000 6000 9000 Feet ATTACHMENT 9/21/2004 AGENDA REPORT D4 TO: Dave Adams, City Manager 96, FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of a Construction Contract for the Terminal Reservoir No. 3 Project (Gateway Pacific Contractors, Inc.) (CIP# 753) RECOMMENDATION: By motion, 1. Acknowledge the receipt of all bids; and, 2. Award the Construction Contract to Gateway Pacific Contractors, Inc. in the amount of$10,527,276 for the Terminal Reservoir No. 3 Project; and, 3. Authorize the Mayor to execute the Construction Contract, and authorize the City Manager to approve necessary changes to the Contract within the project budget. SITUATION: A. Summary and Recommendation This project will replace the existing Terminal Reservoir No. 2, which has sustained structural damage due to differential settlement. The new facility will be a six (6) million gallon pre-stressed concrete reservoir, referred to as Terminal Reservoir No. 3. On July 20, 2004, the City Council approved the project plans and specifications and authorized the City Clerk to solicit bids for the project. Bids were opened on August 31, 2004, and the lowest responsive and responsible bid was submitted by Gateway Pacific Contractors, Inc. (GPCI) for a total amount of $10,527,276. This bid is approximately 9 percent below the estimated construction cost of$11.5 Million. All required jurisdictional and environmental approvals have been obtained, and a Mitigated Negative Declaration was certified by the City Council on December 2, 2003. Staff recommends that the City Council award a Construction Contract (Attachment 1) to GPCI in the amount of $10,527,276 for the construction of the Terminal Reservoir No. 3 Project. Agenda Report • September 21, 2004 Page 2 B. Background The City owns two existing reservoirs located side by side in the Mission Hills Area: Terminal Reservoir No. 1 (T1) and Terminal Reservoir No. 2 (T2). T1 is a two (2) million gallon (MG) reservoir that is no longer in operation and T2 is a ten (10) MG reservoir that is currently in use. In the early spring of 1997, leaking was discovered in T2. Investigation and remedial repairs were completed in the spring and summer of 1997. T2 did not show any sign of leaking until February 2001 when a crack was noted in the floor of the reservoir during inspection. The crack was repaired immediately. However, since this repair, T2 has experienced continued settlement. Based on these findings, staff issued a Request for Proposal (RFP) for design services and obtained the services of Camp Dresser and McKee, Inc. (CDM) to provide engineering design services for the replacement of T2. The scope of work included geotechnical and structural testing and analysis, and preparation of the design and contract documents for a new replacement facility, referred to as Terminal Reservoir No. 3 (T3). T3 will be a new six (6) MG pre-stressed concrete reservoir to be constructed on the site presently occupied by T1. This will allow for continued use of T2 during the construction period, avoiding serious disruptions to domestic water service. T1 will be demolished to allow for construction of T3, and once T3 is completed and in service, T2 will be taken out of operation and abandoned in place. The Notice to Proceed for construction of the project is scheduled to be issued in early October 2004. Substantial completion of the project is scheduled for early September 2006. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Construction Contract was scheduled to be presented to the Water Advisory Commission at their August 24, 2004, meeting. At the meeting, staff was intending to request the Commission to authorize the Public Works Director to present the Construction Agreement to the City Council even though bids would not be opened until August 31, 2004. This authorization would be subject to the low bid being within the project budget. However, due to lack of quorum, staff adjourned the meeting to September 28, 2004. Given the critical nature of this project, staff does not recommend delaying presentation of the Construction Contract to the City Council for consideration. Staff has scheduled a special Water Advisory Commission meeting prior to the City Council Meeting to present the Contract to the Commission for their consideration. Staff will provide the City Council with an update of the Commission's recommendation. Agenda Report • September 21, 2004 Page 3 The Planning Commission reviewed the Domestic Water Master Plan at their April 27, 2004, meeting and determined that the master planned water facilities, including Terminal Reservoir No. 3, are consistent with the City's General Plan. Therefore, as required by the Governmental Code Section 65401, this project has been deemed consistent with the General Plan. BIDS RECEIVED: The following bids were opened on August 31, 2004: Gateway Pacific Contractors, Inc. $10,527,276 SSC Construction, Inc. $10,731,091 Kewit Pacific Co. $12,096,000 Orion Construction Corp. $13,539,000 FINANCIAL CONSIDERATIONS: The City's Domestic Water Master Plan, which was adopted in May 2004, includes a total of $15 million for the Terminal Reservoir No. 3 Project under CIP# 753. Of this amount, $342,000 was allocated for FY 2003/2004 expenditures and $14,658,000 is allocated for projected expenditures from FY 2004/2005 through completion of the project. The amount of $14,658,000 is identified in the 7-Year Capital Improvement Budget adopted in June 2004. The low bid of $10,527,276 submitted by Gateway Pacific Contractors, Inc. is within the budgeted amount of $14,658,000. This amount will be financed through adopted rate increases and bonds issued in early September 2004. It should be noted that a total of $370,000 was expended during FY 2001/2002 and FY 2002/2003 for geotechnical investigations and analyses and preliminary engineering design. This expenditure is not included in the aforementioned Domestic Water Master Plan budget of$15 million. NOTIFICATION: Gateway Pacific Contractors, Inc. Agenda Report September 21, 2004 Page 4 RECOMMENDATION: By motion, 1. Acknowledge the receipt of all bids; and, 2. Award the Construction Contract to Gateway Pacific Contractors, Inc. in the amount of$10,527,276 for the Terminal Reservoir No. 3 Project; and, 3. Authorize the Mayor to execute the Construction Contract, and authorize the City Manager to approve necessary changes to the Contract within the project budget. Respectfully submitted, Prepared by, Amy Amirani l Jeni Public Works Director ineer AA/PS:mp Attachments: 1. Construction Contract 2. Location Map CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this day of , 2004, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and GATEWAY PACIFIC CONTRACTORS, INC., hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 &1 ATTACHMENT Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: Terminal Reservoir No. 3 as delineated in the Plans and Specifications prepared by CDM, dated July, 2004. Work to include: the demolition of an existing 2 million gallon (MG) reservoir (Terminal Reservoir No. 1); construction of a new 6 MG pre-stressed concrete reservoir (Terminal Reservoir No. 3) installation of an on-site chloramine generator system, construction of an enclosed block structure to house the generator system, installation of subsurface slope stabilization structures, installation of ancillary piping and valves, grading and stockpiling of graded material, paving, electrical site work, and miscellaneous site improvements. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO. 3 B-2 Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: TERMINAL RESERVOIR NO. 3 Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within six hundred fifty (650) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-3 Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-4 I, 0 City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Changes in Proiect. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or `not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-5 direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. H. If in the opinion of the City's Engineer, it is in the City's best interest and it is deemed necessary to proceed with a required change in the Contract Documents, and time precludes submittal of the Contractor's proposal or, thorough analysis of the Contractor's proposal, or the parties fail to reach an agreement, the City may order the Contractor to proceed (Proceed Order) on the basis of a tentative, not to exceed price based on the best estimate available at the time, with the firm price and time impact to CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO. 3 B-6 0 be determined later. If a Proceed Order is issued, the Contractor shall submit his proposal for the changes in the work within 7 calendar days of the Proceed Order, and a Change Order shall be negotiated and fully executed within 30 calendar days of the Proceed Order. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of One Thousand Seven Hundred Dollars ($1,700) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Ten Million Five Hundred Twenty- Seven Thousand Two Hundred Seventy-Six Dollars and no cents ($10,527,276.00) as itemized on the attached Exhibit "A." Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, P P P 9 Y treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO. 3 B-7 0 one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of each approved progress payment until the Work is fifty percent (50%) complete. Then, the City may at its option suspend further retainage until the final progress payment. The City reserves the right to reinstate up to ten percent (10%) retainage of the total of the Work if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other specific cause for such retainage. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO. 3 B-8 Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-9 required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Aoorentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-10 of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO. 3 B-11 r i guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-12 whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $1,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $1,000,000 aggregate, separate basis for this project. Automobile liability, including $1,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO. 3 B-13 Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-14 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether r completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO. 3 B-15 or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. ResolL!tion of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seq., regarding resolution of construction claims for any claims which arise between the Contractor and the City. CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO. 3 B-16 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: Evan Lundin Gateway Pacific Contractors, Inc. 8055 Freeport Blvd. Sacramento, CA 95832 CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: Joe Soto, Mayor CONTRACTOR By:_� Gateway Pacific Contractors, Inc. ATTEST: By: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: B : Y John R Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT TERMINAL RESERVOIR NO.3 B-18 BID This is page one of EXHIBIT A,retroed to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: TERMINAL RESERVOIR NO.3 CIP NO.753 Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and Nn1I furnish the insurance certificates, Payment Bond, Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents,including the following Addenda (receipt of which is hereby acknowledged): Number 1 Date 8/11/04 Number 2 Date 8/25/04 Number 3 Date Number Date Bidaer has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the locality where the Work is to be performed, the legal requirements(federal,state,and local laws,ordinances,rules,and regulations), and the conditions affecting cost,progress,or performance ofthe Work,and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860,et seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for workers compensation,or to undertake seK-insurance in accordance with the provisions, before commencing the performance of the Work of this Contrail. To all the foregoing,and including all Bid Schedule(s), List of Subcontractors,Non-collusion Affidavit,Bidder's General Information,and Bid Bond contained in these Bid Fortes,said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Srhxiille(s). Dated: 8/31/04 Bidder: Gateway Pacific Contractors, Inc. BY --' - _� (Signature) Title: Evan Lundin, President MRM ao- BID (PROPOSAL) his is Page 2 of Exhibit A, referred to in and made part of the Agreement between the Owner and the Contractor BID SCHEDULE TERMINAL RESERVOIR NO. 3 PROJECT CIP NO. 753 ESTIMATED 3 UNIT ITEM DESCRIPTION QUANTITY UNrr `l s COST AMOUNT 1 General Conditions 1 LS 2 Environmental Protection 1 LS 70 em�^ 3 Demolition 1 LS 650` 4 F-xcavation Backfill and Com cdon 1 LS / Ot7QOO m �Z ' b0 5 Removal of Unacceptable Su rade Material 2850 CY 9 Z — 6 Removal and Disposal of Surplus Material 18000 Cy 0 ��(__Zpp�� /41 Z.t�Gl7 0-- 7 Slope Stablizadon i LS Z tv7 �gl�b �3 i & B amber La in 30000 SF 9 Slope Drainage,Grading and Reseeding 1 LS Co SAO d- 19 Wetands Restoration 1 LS �eMa a� �jOcoo 11 Yard Piping and Vaults 1 LSCU $ GbO 3 OOd-- 12 Access Road 1 LS /gd coj- ozo SL O, 13 6 MG Pre-stressed Concrete Reservoir 1 LS GL W M J 14 Chloramine GeneratorFacili 1 LS QO0082 15 ISRe Electrical and ln � strumentabon 1 LS pd� 700 C� Q� 16 Soundwall 652 LF OV 00 `J 400 - Total (0 SZ7 2-74 W Gateway Pacific Contractors Inc. Name of Bidder or Frm Unit Price Bid Schedule Bid Forms-Page 2 ATTACHMENT � 1 THE CITY OF SAN JUAN CAPISTRANO i Project Site N DEL fill r � n ij f� tl a e to w° F c — 0 3000 6000 9000 Feet I•,. .j ATTACHMENT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CA 92675 In[oAPORwIEo MEMBERS OF THE CITY COUNCIL (949)493-1171 nrwnisem 1961 SAM ALLEVATO (949)493-1053 FAX 1776 DIANE L.ATHGATE Wim..sanjuancapisb-ano.org WYATT HART � JOE SOTO DAVID M.SWERDLIN September 22, 2004 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On September 21, 2004 the City Council of San Juan Capistrano met regarding: "Consideration of a Construction Contract for the Terminal Reservoir No. 3 (Gateway Pacific Contractors, Inc.)" Item No. D4. The following action was taken at the meeting: The receipt of all bids for the construction of the Terminal Reservoir No. 3 project acknowledged; award of the construction contract to Gateway Pacific Contractors, Inc., in the amount of $10,527,276, approved, conditioned that the contract will include insurance liability limits as recommended by the Joint Powers Insurance Authority; the Mayor authorized to execute the construction contract; and the City Manager authorized to approve necessary changes to the contract within the project budget. The following documents are in the process of being executed: Construction contract. If you have any questions regarding this action, please contact Peter Salgado, Senior Civil Engineer at 443-6366 for more detailed information. Thank you, Mitzi Or Deputy City Clerk Cc: Gateway Pacific Contractors, Inc; Amy Amirani, Public Works Director; Peter Salgado, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future MEMBERS OF THE CITY COUNCIL SAM ALLEVATO yr DIANE L.BATHGATE % WYATT HART 32400 PASEO ADELANTO ry��! `-� JOE SOTO SAN JUAN CAPISTRANO,CA 92675 Y IA[RAvoAATFO DAVID M.SWERDLIN (949)493-1171 fnllusXEX 1961 (949)493-1053 FAX 1776 • • Rvwx�sanjuancapi.c(rano.org NOTIFICATION OF MEE OTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 21, 2004 in the City Council Chamber in City Hall, to consider: "Consideration of a Construction Contract for the Terminal Reservoir No. 3 (Gateway Pacific Contractors, Inc.)" — Item No. D4 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, September 20, 2004 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Peter Salgado, Senior Civil Engineer. You may contact that staff member at (949) 443-6366 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(a)sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Gateway Pacific Contractors, Inc; Amy Amirani, Public Works Director; Peter Salgado, Senior Civil Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future • 7/20/2004 AGENDA REPORT D 10 TO: Dave Adams, City Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Plans and Specifications and Call for Bids for the Terminal Reservoir No. 3 Project (CIP# 753) RECOMMENDATION: By motion, approve the plans and specifications, and authorize staff to solicit bids for the construction of Terminal Reservoir No. 3. SITUATION: A. Summary and Recommendation This project will replace the existing Terminal Reservoir No. 2, which has sustained structural damage due to differential settlement with a new six (6) million gallon pre- stressed concrete reservoir, Terminal Reservoir No. 3. The plans and specifications are complete and ready for solicitation of bids. The required building and grading permits for the project have been obtained, and a Mitigated Negative Declaration was certified by the City Council on December 2, 2003. Staff recommends that the City Council approve the plans and specifications, and authorize staff to solicit bids. B. Background 1997 Leak and Engineering Design Effort The City owns two existing reservoirs, located side by side in the Mission Hills Area: Terminal Reservoir No. 1 (T1) and Terminal Reservoir No. 2 (T2). T1 is a 2 million gallon (MG) reservoir that is no longer in operation and T2 is a 10 MG reservoir that is currently in use. In the early spring of 1997, leaking was discovered in T2. Investigation and remedial repairs were completed in the spring and summer of 1997. T2 did not show any sign of leaking until February 2001 when a crack was noted in the floor of the reservoir during inspection. The crack was repaired immediately and no leaks were detected upon completion of the repair. Agenda Report • • July 20, 2004 Page 2 Soon after, staff implemented a program to monitor the condition of T2. Six displacement monitors were installed on three points to measure the horizontal and rotational displacement; in addition, quarterly roof surveys and weekly monitoring of the subdrain collection system were conducted. Although the roof survey and subdrain monitoring did not show any signs of deterioration, the displacement monitors showed that one section of the foundation settled at rate of 0.5 inches per year. This settlement rate has been significantly reduced by lowering the tank level and limiting the operation of T2. Based on these findings, staff issued a Request for Proposal (RFP) for design services to repair or replace T2. During the interviews of the consultants, it was apparent that all would be able to engineer a repair plan based on the limited information that they had at that time. However, the opinions of two out of the three consultants were that replacement of T2 with a new facility would best serve the City. The scope of work included geotechnical and structural testing and analysis, and preparation of the design and contract documents for a new replacement facility, referred to as Terminal Reservoir No. 3 (T3). The new six (6)6 MG pre-stressed concrete reservoir will be constructed on the site presently occupied by T1. This will allow for continued use of T2 during the construction period, avoiding serious disruptions to domestic water service. T1 will be demolished to allow for construction of T3, and once T3 is completed and in service, T2 will be taken out of operation and abandoned in place. During initial geotechnical investigations, Camp, Dresser & McKee (CDM) observed evidence of major landslides on the eastern and western slopes of the site. Stabilization of these landslides required a more complex and involved design. The plans and specifications for the project are complete and ready for solicitation of bids. Construction Engineering Services Construction engineering support services are required for the project. These services include reviewing and responding to any design related Requests for Information; preparing and issuing design addenda if required; reviewing and approving contractor submittals and shop drawings; reviewing change order requests from the contractor; conducting interim site inspections to resolve any design related issues; attending construction progress meetings; conducting final inspections and preparing a punch list during the project close-out period. The aforementioned construction engineering services shall be provided by CDM under Amendment No. 4 to their Personal Services Agreement with the City. Staff is currently working with CDM to finalize the costs associated with Amendment No. 4. Staff will present Amendment No. 4 to the City Council for consideration along with the construction contract. Agenda Report • • July 20, 2004 Page 3 Construction Management and Inspection Services Construction management and inspection services are required for the project. These services include providing constructability reviews of the plans and specifications; providing technical support during the bidding period; reviewing the contractor's construction schedule; daily monitoring of the contractor's work progress to ensure compliance with the approved construction schedule; administering the construction contract; reviewing progress payment requests, certified payroll reports and record drawing updates; reviewing and negotiating construction change orders; administering construction progress meetings; coordinating the distribution of submittals, shop drawings and RFI's to ensure a timely response; preparing monthly progress reports; monitoring the work site to ensure compliance with NPDES requirements; providing geotechnical, structural, mechanical, electrical, environmental and quality control inspections; and providing construction surveying and staking services. On August 5, 2003, the City issued a Request for Proposal (RFP) to six engineering and consulting firms for construction management and inspection services for the project. These services not only include typical contract administration and construction inspection tasks, but also design constructability reviews and contract bidding support. Given the complex nature of the project, staff included these supplemental tasks to ensure the most accurate and cost effective design possible and minimize the potential for costly change orders during construction. Of the six firms, three submittedro osals for review and evaluation: Boyle P P Y Engineering Corporation, RBF Consulting, and Tetra Tech, Inc. Fee proposals were also submitted as follows: Tetra Tech, Inc. $1,428,551 RBF Consulting $ 918,180 Boyle Engineering Corporation $ 758,205 Staff reviewed and evaluated the proposals and found RBF Consulting (RBF) to be the best qualified firm to perform the required construction management and inspection services for the project. The proposal by RBF, while more costly than that proposed by Boyle Engineering Corporation (Boyle), included items that staff determined to be worth the cost difference. The primary difference was that RBF showed more experience in reservoirs of the similar size and construction, namely the recently constructed five (5) MG pre-stressed concrete reservoir for the Laguna Beach County Water District, and the four (4) MG pre-stressed concrete reservoir for the City of Sierra Madre. RBF also showed a better understanding of the required geotechnical testing and inspection, and environmental monitoring coverage for the project. For these reasons, RBF was selected to provide the required construction management and inspection services. However, staff awarded only the design constructability reviews and contract bidding support portions of the scope of work since at that time Agenda Report • • July 20, 2004 Page 4 the design was in its preliminary stages. The remaining portion of the scope of work would be awarded at the completion of the design phase provided that the overall scope of the project did not vary drastically from the preliminary stages of design, and the City was satisfied with RBF's services. RBF's fee included $44,366 for the constructability review and bidding support services. These services were obtained under the City's Master Plan Check, Engineering and Architectural Services agreement. Since the award of the constructability review and bidding support services, RBF has shown exceptional, responsive service and has been a valuable part of the project team. They have worked closely with staff and CDM to formulate the most cost effective design. Staff is more than satisfied with RBF's performance and is recommending they be awarded the remaining portion of the scope of construction management and inspection services. It must be noted, however, that slope stabilization measures have become more complex as the design was further refined and geotechnical testing and inspection requirements have increased. Also, the change in slope stabilization measures has in turn lengthened the estimated construction duration from RBF's initial estimate of 18 months to 23 months. These changes have resulted in an increase of $127,110 to RBF's original fee proposal. Staff has negotiated a revised total cost of $1,045,290 with RBF for the required construction management and inspection services. Staff finds the revised cost to be reasonable for the increased scope of services and construction duration, and there are sufficient funds in the project budget to cover this increase in cost. As with CDM's Amendment No. 4, staff will present RBF's Personal Services Agreement to the City Council for consideration along with the construction contract. Environmental Permits On December 2, 2003, the City Council certified a Mitigated Negative Declaration for the project. As part of the mitigation measures, environmental permits and certifications are required from the U.S. Fish and Wildlife Service, California Department of Fish and Game, Regional Water Quality Control Board, and U.S. Army Corps of Engineers. The U.S. Fish and Wildlife Service has issued the Special 4(d) Rule Habitat Loss Permit for impacts to existing Coastal Sage Scrub Habitat. Remaining permits and certifications are being processed, with completion scheduled for early September. Although staff is recommending the solicitation of construction bids, the construction contract shall not be presented to the City Council for consideration until all environmental permits and certifications are obtained. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Water Advisory Commission has reviewed this item at their June 22, 2004, meeting. The Commission recommended approval of the plans and specifications for the project, the Amendment with CDM for construction engineering services, and the Agenda Report • • July 20, 2004 Page 5 Personal Services Agreement with RBF for construction management and inspection services. The Planning Commission reviewed the Domestic Water Master Plan at their April 27, 2004, meeting and determined that the master planned water facilities, including Terminal Reservoir No. 3, are consistent with the City's General Plan. Therefore, as required by the Governmental Code Section 65401, this project has been deemed consistent with the General Plan. FINANCIAL CONSIDERATIONS: The City's Domestic Water Master Plan, which was adopted in May 2004, includes a total of $15 million for the Terminal Reservoir No. 3 Project under CIP# 753. Of this amount, $342,000 is allocated for FY 2003/2004 expenditures and $14,658,000 is allocated for projected expenditures from FY 2004/2005 through completion of the project. The amount of $14,658,000 is identified in the 7-Year Capital Improvement Budget adopted in June 2004. Projected expenditures include construction (including contingencies), construction management and inspection, construction engineering, legal advertising, permit fees, environmental mitigation and monitoring, legal advertising, staff support and the balance of engineering design contracts. These expenditures total approximately $14.6 million. This is within the budgeted amount of $14,658,000, which will be financed through adopted rate increases and the issuance of a bond. The bond is expected to be issued no later than September 1, 2004. Staff will not present the construction contract to the City Council for consideration until the bond has been issued. It must be noted that a total of $370,000 was expended during FY 2001/2002 and FY 2002/2003 for geotechnical investigations and analyses and preliminary engineering design. This expenditure is not included in the aforementioned Domestic Water Master Plan budget of $15 million. NOTIFICATION: Not Applicable. Agenda Report July 20, 2004 Page 6 RECOMMENDATION: By motion, approve the plans and specifications, and authorize staff to solicit bids for the construction of Terminal Reservoir No. 3. Respectfully submitted, Prepared by, Amy Amirani P er Igado Public Works Director s iat Engineer AA/PS:mp Attachments: 1. Location Map Notes: 1. A copy of the plans and specifications has been made available for City Council and public review in the Public Works Department. Y Y. JMaa J ' 32400 PASEO ADELANTO % � A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 �� IQ2� SAM TO (949)493.1171 ,�,y THOMAS W.HR (949)493-1053 FAX l� I [011o1A1R THOMAS L NRIBAR EIIAll61E1 I X96) MARK NELSEN www.sanjuancapistrano.org 1776 JOE SOTO • DR.LONORES USO 1 April 13, 2007 Tim Brown Gateway Pacific Contractors, Inc. 8055 Freemont Blvd. Sacramento, CA 95832 Re: Terminal Reservoir No. 3 Project Dear Mr. Brown: At their meeting of March 20, 2007, the City Council of the City of San Juan Capistrano adopted Resolution 06-03-20-01 accepting the work as completed for the Terminal Reservoir No. 3 Project. A copy of the recorded Notice of Completion is enclosed for you records. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on April 4, 2007; therefore, the final payment in the amount of $525,112.50 may be released on May 9, 2007. If o hav any questions, please do not hesitate to call. Ve yours, I o In Deputy City Clerk cc: Peter Salgado, Senior Civil Engineer Dottie Shaw, Accounting Clerk San Juan Capistrano: Preserving the Past to Enhance the Future « Printetl on 10000/a recycled paper 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)493.1171 Wilmette THOMAS W.HRIBAR (949)493.1053 FAX is AIdllata 1961 MARK NIELSEN www.sanjuancapistrano.org 1776 JOE SOTO DR.LONDRES USO March 21, 2007 •�"'" Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Notice of Completion (Gateway Pacific Contractors, Inc.) SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Thank you for your assistance. Iris our/s w�� -• . Deputy City Clerk Ln Ln .. Cc: Peter Salgado, Senior Civil Engineer ru OF i i L USE ru Ir Pee age $ N Certified Fee p Poeenark OPdl=r901_d) Here r3 Reatrloted Delivery Fee q (Endoremnera Required) M Toted Postage 6 Fees $ M C3 SMI To MPOeoz �.-y--,�----•----------'-----------•- IXb, nrw San Juan Capistrano: Preserving the Past to Enhance the Future t, Printed on 100%recycled paper Jean 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CA 92675 mmwvOlAiEo MEMBERS OF THE CITY COUNCIL (949)493-1171 FSIA1IIfN[A 1961 SAM ALLEVATO (949)493-1053 FAX • 1776 DIANE L.BATHGATE www SGI7JULIJICCIf7IJ 11"Ci It O.(1K OESOTYATT ART JOE OE DAVIDD M.SWERDLIN October 11, 2004 Mr. Gary Bechtel Gateway Pacific Contractors, Inc. 8055 Freeport Blvd. Sacramento, CA 95832 Re: Notice to Proceed —Terminal Reservoir No. 3 Dear Mr. Bechtel: We have received your letter dated October 7, 2004, requesting the postponement of the effective date of the Notice to Proceed. The City understands your concerns regarding long fabrication lead times for steel, as well as the need for preliminary site investigations for the hazardous materials abatement. While completion of this project in a timely manner is critical to the City's domestic water system, the City, in good faith, is willing to work with you to maximize the number of productive work days on the project. Section 2.03 of the General Conditions stipulates that a Notice to Proceed may be issued within 30 days of the effective date of the Contract, which is September 21, 2004. The City is willing to utilize this entire period to facilitate resolution of your concerns. The City is therefore revising the effective date of the Notice to Proceed from October 7, 2004 to October 21, 2004. Given the contract duration time of 650 calendar days, the revised contract completion date is August 2, 2006. As previously mentioned, the Construction Contract provides for an assessment of the sum of $1,700 per day as liquidated damages for each consecutive calendar day after August 2, 2006, that the work remains incomplete. San Juan Capistrano: Preserving the Past to Enhance the Future Mr. Gary Bechtel October 11, 2004 Page 2 Please confirm receipt of this notice by signing and returning the acknowledgement below. If you have any questions regarding this matter, please do not hesitate to contact me at (949) 443-6366. Sincerely, zMegonahan, ublic Works Director ater Engineering Manager City Clerk Jerome Ruddins, RBF Consulting, Inc. Acknowledgement: Gateway Pacific Contractors, Inc. Date i 32400PASEOADELANTO SAN JUAN cAPISTRANISTRANO,CA 92675 , I INHrwurN MEMBERS OF THE CITY COUNCIL (949)493-1171 HnulswN 1961 SAM ALLEVATO (949)4931053 FAX 1776 DIANE L.BATHGATE www.sanjuancapistrano.org BATT HART JOE SOTO October 1, 2004 DAVID M.SWERDLIN Gateway Pacific Contractors 8055 Freeport Blvd Sacramento, CA 95832 Dear Sir or Madam: Enclosed is an executed, original construction contract related to the Terminal Reservoir No. 3 project. This agreement was approved by the City Council at their meeting of September 21, 2004, with the condition that the contract terms include insurance liability limits as recommended by the Joint Powers Insurance Authority (JPIA), an insurance pool for public agencies, of which we are a member. I understand you are aware of the City Council's action and of the JPIA recommendation that the agreement require liability limits of at least $5 million dollars. Subsequently, we have received current insurance documentation confirming these liability limits for Gateway Pacific Contractors. This requirement also resulted in revisions to agreement page B-13, which is now part of the enclosed agreement. Please be aware that should any documentation concerning insurance lapse, all work on this agreement must stop and all payments to you will stop, until the documents are brought current. The Project Manager, Peter Salgado, Associate Engineer (949) 443-6366, will issue a Notice to Proceed to you when all bonding terms are met. Yours truly, v � MegM a n, CMC City lerk encl ed: greement cc: Peter Salgado, Associate Engineer Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future