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07-0817_DOTY BROTHERS CONSTRUCTION COMPANY_Construction Contract0 0 CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this y-ty of , 2007, by and between the CITY OF SAN JUAN CAPISYRANO, hereinafter referred to as "City," and Doty Brothers Construction, Co., 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 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-1 0 0 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: 760 S Reservoir — Connemara Pump Station By- pass Line as delineated in the Schematic Plans by the same title. Work to include installation of a 6 -inch steel by-pass line with appurtenances at the Connemara Pump Station. Section 4. Plans and Specifications. The work to be done is shown in a set of Schematic Plans entitled: 760 S Reservoir— Connemara Pump Station By-pass Line Said Plans and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-2 Section 5. Time of Commencement and Completion. C� 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 thirty (30) 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. 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 OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B3 0 0 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 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: CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-4 0 0 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 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR-CONNEMARA BY-PASS LINE B-5 0 0 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-6 0 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 Five Hundred Dollars ($500) 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 lump sum of Nine Thousand Three Hundred Dollars and no cents ($9,300.00) 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 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT 750 S RESERVOIR-CONNEMARA BY-PASS LINE B-7 0 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. 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR-CONNEMARA BY-PASS LINE B-6 • 11 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 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-9 0 0 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 (13) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-10 0 • 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 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' CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-11 0 0 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR-CONNEMARA BY-PASS LINE B-12 0 0 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. 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-13 0 0 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. 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-14 9 0 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR-CONNEMARA BY-PASS LINE B-15 9 0 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. 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-16 9 To Contractor: Rick Fraijo Doty Brothers Construction, Co. 11232 E. Firestone Blvd. Norwalk, CA 90650 CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-17 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. APPROVED By: John R. , City Attorney CITY OF SAN JUAN CAPISTRANO By: 8&w --F David F. Adams, City Manager CONTRACTOR By: Doty Brothers Constructio o. Chris Christy, President CITY OF SAN JUAN CAPISTRANO AGREEMENT 760 S RESERVOIR - CONNEMARA BY-PASS LINE B-18 FROM(MON)JUL 8 2007 14/ST.13:57/No.7523038270 P 2 DOTY BROSE Construction Company July 9, 2007 City of sen Juan Capistrano 32400 Paseo Adelaoto San Juan Capistrano Calif. 92675 Fax Comm. (949) 493-3955 Attention: Peter Salgado Job Location: 760 S Reservoir- Conawnara Ptmrp Station Paler, Our price to as In a V bypass line, complete with new see, line valve and fabricated 90 degree bend at the above pump hoose location will be: L&E $6,300.00 Mat $3,000.00 Tetal $9,300.00 DOTY BROS. NT CO. x' . Rids Fra4o Peter Salgado EXHIBIT A CA. LIC. 273024 11232 G. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com T Ah VR MIICIILR. Li ACORD- CERTIFICATE OF LIABILITY INSURANCE 08106/0�°"Y"" PRODUCER USI Irvine - CIL THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lie# 0351162" 949-790-9339(Suzan) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 53310 Irvine, CA 92619-3310 INSURERS AFFORDING COVERAGE NAIC # INSURED Doty Bros. Equipment Co. INSURER A: National Union Fire of PA AIG INSURER B' INSURER C: 11232 E. Firestone Blvd. Norwalk, CA 90650 INSURER D' INSURER E: e10 day notice nonpay .V e.rW 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. ME D PDATEIMXPI DTKIN UNITS LTR NSR TYPE OF INSURANCE POLICY NUMBER TEfMK D A GENERAL LIABILITY GL1791522 10111/06 10/11/07 EACH OCCURRENCE $1000000 DAMA $50000 x COMMERCIAL GENERAL LIABILITY PREMIETORENTED CLAIMS MADE F ­x1 OCCUR MED EXP (My one Pereon) s5,000 PERSONAL SADV INJURY $7000000 X BFPD/XCU X Contractual GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $2000000 BI/PD SIR $500,000 POLICY -X] aECDT LOC A AUTOMOBILE LIABILITY CA8262523 10111/06 10111107 COMBINED SINGLE LIMIT $7,000,000 (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per Person) SCHEDULED AUTOS [XXX HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS PROPERTY DAMAGE Comp $1,000 Applies to 2003 and newer cars IPer accmem) $ Coll $1,000 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANYAUTO AUTO ONLY: AGG $ EXCESSRIMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND WC3725446 10/11/06 10/11/07 TH- XWCSTATU- OER E.L. EACH ACCIDENT $1.000,000 1 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYEE $1,000,000 E.DISEASE-POLICYUMIT $1000000 If We, tle.aIoe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Job #1600-7020, 760 S. Reservoir - Connemara By -Pass Line, San Juan Capistrano, CA. City of San Juan Capistrano, it's Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract and all public agencies from whom permits will be obtained and their Directors, (See Attached Descriptions) City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ACORD 25 (2001/08) 1 Of 3 #M388198 LO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL RXQ MAIL "An DAYSWRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SMZ © ACORD CORPORATION 198E ACORD 25S (2001/08) 2 of 3 #M388198 DESCRIPTIONS (Continued from Page 1) 1 Officers, Agents and Employees as determined by the City are named as additional insured. Waiver of Subrogation applies to Workers Compensation. AMS 25.3 (2001/08) 3 of 3 0 411 POLICY NUMBER: GL1791522 COMMERCIAL GENERAL uaealTv CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations City of San Juan Capistrano, it's Directors, Officers, Re: Job #1600-7020, 760 S. Reservoir - Agents, Employees, Engineers, and Consultants for Connemara By -Pass Line, San Juan this contract and all public agencies from whom Capistrano, CA. permits will be obtained and their Directors, Officers, Agents and Employees as determined by the City Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. & With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arses has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. PRIMARY CLAUSE It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insurance, but only as respects to any claim, loss or liability arising out of the operations of the Named Insured and any other insurance maintained by said Additional Insured shall be non-contributing. 0 CG 20 10 07 04 POLICY NUMBER: GL1791522 C ISO Properties, Inc., 2000 r� L COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of San Juan Capistrano, it's Directors, Officers, Re: Job #1600-7020, 760 S. Reservoir - Agents, Employees, Engineers, and Consultants for Connemara By -Pass Line, San Juan this contract and all public agencies from whom Capistrano, CA. permits will be obtained and their Directors, Officers, Agents and Employees as determined by the City Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or ..property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". PRIMARY CLAUSE ENDORSEMENT: It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insurance, but only as respects to any claim, loss or liability arising out of the operations of the Named Insured and any other insurance maintained by said Additional Insured shall be non-contributing. CG 20 37 07 04 ® ISO Properties, Inc., 2004 Workers Compensation and Employers Liability Insurance Policy Policy Number: WC3725446 Policy Period: 10/11/06 to 10/11/07 Insured: Doty Bros. Equipment Co. The information above is required only when this endorsement is issued subsequently to preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the renumeration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be nil % of the California workers' compensation premium otherwise due on such renumeration. Schedule Person or Organization City of San Juan Capistrano, it's 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 as determined by the City Re: Job #1600-7020, 760 S. Reservoir - Connemara By -Pass Line, San Juan Capistrano, CA. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. PRODUCER: USI of Southern California WC040306 (Ed. 1-87) 0 0 FAITHFUL PERFORMANCE BOND Bond No PRF879353900 PUBLIC WORK (The premium charged on this bond is $ 116.00 , being at the rate of t 12.50 per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the City of San Juan Capistrano State of California, entered into a contract dated August 6th 2007 , with Bros. Eauioment Co. 11232 E Firestone Blvd., Norwalk CA, 90650 hereinafter designated as the "Principal," for the work described as follows: 760 S. Reservoir - Connemara By -Pass Line and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, and Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Maryland , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City of San Juan Capistrano in the penal sum of Nine Thousand Three Hundred and Zero Cents Dollars ($ 9,300 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according, to their true intent and meaning, and shall indemnify and save harmless the City of San Juan Capistrano its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this 6th day of August 2007 PRF71001 CA0201f Doty Bros. Equipment Principal By Chris Christy, Presiddrit Fidelity and Deposit Company of Maryland By &Lc .✓ Jonathan Weiss . Attorney -in -Fact 0 9 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6th day of August , 2007 4,&) Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Law id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff t �1 reof, does hereby nominate, constitute and appoint Jonathan WEISS and Carlene LA U in orals, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal o ° y, and as its act and deed: any and all bonds and undertakings, and o h gs in pursuance of these presents, shall be as binding on said Co y, 1_ [ 1i nd purposes, as if they had been duly executed and acknowledged b 1 c ed any at its office in Baltimore, Md., in their own proper persons. Th' a r5 w ehalf of Alan TROOP, Jonathan WEISS, Carlene LAUGHLIN, dated er 2 The said Assistant s e by certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of December, A.D. 2005. ATTEST: '^a o[vosr. lf4. -F MIMIC-(�s 4 � FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary State of Maryland1 ss: City of Balt more f = � "0 7 By: Theodore G. Martinez On this 13th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA -F 012-84701 State of California 1 0 0 .213'ersonally 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. Place Notary Seal Above Signatur t Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ' Corporate Officer—Title(s): ❑ Partner— El Limited ❑ General ren ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Number of Pages: ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGRTTRUMRPRINT OF SIGNFR 0 0 2006 National Notary Association • 9350 De Sato Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v6o9 Reorder: Cell Toll -Free 1-800-13]8-8132] O(NAM S, ci 0 r .a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT E. State of California County of Los Angeles On August 9, 2007 before me, Lisa Johnson, Notary Public Date Name and Title of Officer (e.g., `Jane Doe, Notary Publie) personally appeared Chris Christy, President LISA JOHNSON COnlr Imlon # 1575473 Sy Notory Public - Colifomla 2 Los Angeles County My Comm. Expires May 2.2W9 personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person("hose name(s) is/ars subscribed to the within instrument and acknowledged to me that helclaelthey executed the same in his/her/ilaeir authorized capacity(ies), and that by his/herAheir signature(&) -on the instrument the persons)-, or the entity upon behalf of which the person("cted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature Yy Signature of Votary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performace Bond - San Juan Cap. Document Date: August 6, 2007 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner -0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Nat ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 77777-77 RIGHTTHUMBPRINT OF SIGNER 0 2006 National Notary Association - 9350 De Soto Ave., PO. Boz 2402 - Chatsworth, CA 91313-2402 Item No. 507 v609 Re<i Cell Toll -Free 1.800.876.6827 Bond No. PRF879353900 PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive, Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: That, Whereas City of San Juan Capistrar has awarded to Dotv Bros. Eauinment Co. as Principal, a contract for the work described as follows: 760 S. Reservoir - Connemara By -Pass Line AND WHEREAS, said Principal is required ad to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmm, and other persons as provided by law: NOW, THEREFORE, We the undersigned Principal and Surety are held and firmly bound unto the in the amount required by law, the sum of Nine Thousand Three Hundred and Zero Cents Dollars ($ 9,300 ) for which payment well and truly be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. PAY71001CA0202f 0 In witness Whereof, We have hereunto set our hand and seals this 6th day of August 2007 9 Doty Bros. Equipment Co. _ Princi al By: Chris Christy, President Fidelity and Deposit Company of Maryland By: Jonathan Weiss , Attorney -In -Fact EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6th day of August , 2007 Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of thiii�ina d Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effreof, does hereby nominate, constitute and appoint Jonathan WEISS and Carlene LAU ornia, EACH its tme and lawful agent and Attorney -in -Fact, to make, execute, seal o and as its act and deed: any and all bonds and undertakings, and h in pursuance of these presents, shall be as binding upon said Co y 1�Ins d purposes, as if they had been duly executed and acknowledged b I c ed any at its office in Baltimore, Md., in their own proper persons. Th' a r ehalf of Alan TROOP, Jonathan WEISS, Carlene LAUGHLIN, dated er 2 The said Assistant s es�e�?eb"y certify that [he extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of December, A.D. 2005. State of Maryland1 ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: Theodore G. Martinez On this 13th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. `,paunnq Ilgll 1111AA� POA -F 012-84701 Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ��is•.� • i S - -Debtpersonally appeared rt: 75ersonally 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. Place Notary Seal Above Signature Signature of Notalry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner— Ll Limited ❑ General M. ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Coi ❑ Other: Signer Is Representing: Number of Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT' OF SIGNER 'N ® 2006 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Cbetsvorth, CA 91313-2402 Item No. 5907 v809 Reorder: Cell Toll -Free 1-8008]8-882] 0 State of California 1 County of Los Angeles Jy 0 On August 9, 2007 before me, Lisa Johnson, Notary Public Date Name and Title of officer (e.g., "Jane Doe, Notary Pudic') personally appeared Chris Christy, President Name(s) of Slgnens) < Place Notary Seal Above [M personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(&) is/are-subscribed to the within instrument and acknowledged to me that he4la@A4ey executed the same in his/hel;4heir authorized capacity(iee} and that by hisiUsAHeir signature* on the instrument the person(*,, or the entity upon behalf of which the persorl acted, executed the instrument. WITNESS my hand and official seal. Signature SlgneNre of I otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond - San Juan Cap. Document Date: August 6, 2007 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Net ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER in 0 2006 National Notary Association • 9350 De Soto Ave., PO, Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll -Free 1-600-676-6627 • 32460 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www sanjuancapestrano. org TRANSMITTAL TO: Chris Christy, President Doty Brothers Construction, Co. 11232 E. Firestone Blvd. Norwalk, CA 90650 DATE: August 17, 2007 ✓��,✓,�p� IA[AAAAAAIU • [STAIrSH(4 1961 1776 • • FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Contract — 760 S Reservoir — Connemara Pump Station MEMBERS OF THE CITY COUNCIL Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. SAMALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6309. If you have questions concerning this agreement, please contact Eric Bauman, Water Engineering Manager (949) 487-4312. An original agreement is enclosed for your records. Cc: Eric Bauman, Water Engineering Manager San Juan Capistrano: Preserving the Past to Enhance the Future IPrinted on 100% recycled paper