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05-0926_EARTH CONSTRUCTION & MINING_Contract RECORDING REQUESTED* City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Recorded in Official Records, Orange county Tom Daly, Clerk-Recorder Margaret R. Monahan, City Clerk IIIIIIIillllllll!Illiilllllllllllillllllllllllllllll41111VIIIIIIIIIIIIIINO FEE City of San Juan Capistrano 32400 Paseo Adelanto 2006000135227 02:56pm 02128106 San Juan Capistrano, CA 92675 120 91 N12 1 0.00 0.00 0.00 0.00 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 NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Earth Construction and Mining, 1111 E. Commonwealth Ave. #D, Fullerton, CA 92831 for the Avenida Placida Landslide Debris Removal. 1+r That said work was completed on January 13, 2006, by said company according to plans and N 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 2155 day of February, 2006, by Resolution No. 06-02-21-01. That upon said contract, the Contractors Bonding and Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 2,2 ntl day of Febr a i 06. ar r t R. Monahan, City Clerk City of an 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 the 22"d da bruary 2006. Mar ret R. Monahan, City Clerk City f San Juan Capistrano CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this day of 2005, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and EARTH CONSTRUCTION AND MINING, 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 AVENIDA PLACIDA LOWER LANDSLIDE 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: Avenida Placida Lower Landslide as delineated in the Grading Plans prepared by RBF Consulting, Inc., dated September 7, 2005, entitled Avenida Placida Lower Landslide; Landscape and Irrigation Plans prepared by RBF Consulting, Inc., dated August 31, 2005, entitled Landscape and Irrigation Plans for Avenida Placida Lower Landslide: and, Geotechnical Requirements prepared by Lawson and Associates Geotechnical Consulting, dated August 17, 2005. Work to include: the removal of landslide debris, remedial grading, and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Grading Plans entitled Avenida Placida Lower Landslide, and a set of detailed Landscaping and Irrigation plans entitled Landscape and Irrigation Plans for Avenida Placida Lower Landslide. CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-2 0 Said Plans, 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 Sixty (60) 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE g-3 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-0 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 direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-5 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 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-6 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 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 One Million Four Hundred Fifty-Three Thousand Five Hundred dollars and no cents ($1,453,500.00). 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-7 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 Vyork 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-8 0 • 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 required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-9 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.) 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-10 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 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-11 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 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-12 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 $5,000,000 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 CITY OF SAN JUAN CAPISTRANO _ AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-13 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. 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-14 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 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 CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-15 0 � 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 parry 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. CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-16 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: Chuck Poss Earth Construction and Mining 1111 E. Commonwealth Ave. # D Fullerton, CA 92831 CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE 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: -T 0'.�. Dave Adams, City Manager CO C t' By. Earth C nstructio nd Mining Ghu✓us P"O-�sCr ,e doA4- T: argaret R. Monahan, City Clerk APPROVED AS TOFO M: By: John R. Sha ity Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT AVENIDA PLACIDA LOWER LANDSLIDE B-18 4 EXECUTED IN ACATE Bond No.: CE3964 Premium: $18.035.00 PERFORMANCE BOND KNOW ALL MEN 13Y THESE PRESNTS, That Earth Construction and Mining as Contractor, And Contractors Bonding and Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the "Owner', in the sum of: One Million Four Hundred Ninety-three Thousand Five Hundred and 00/100 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 severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: AVENIDA PLACIDA LOWER LANDSLIDE NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the material 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 release said 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 such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 23' day of September005 Earth uction Co ctors o di and Con or n i in Surety In fie Q na By — )--V' By Title .Johnn Title Attornev-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM UEIO PERFORMANCE BOND X16U-610bond.wpd Nov 2001 C.� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Orange } On September 23.2005 before me, Brad L. Settal Notary Public Date Name and Tue d Omcer(e.g.,'Jane Doe,Notary Public) Personally appeared J.W.Johnson ® personally known to me evidill to be the persons) whose name(s) is/are .e.ecce«•«eee......ee«e........+.... subscribed to the within instrument and BRAD L.SETTGAST t acknowledged to me that he/she executed COMM 8 1487848 D the same in his/her/their authorized W NOTARY PUBLIC-CALIFORNIA � capacity(ies), and that by his/her/their Q ORANGE COUNTY si nature S On the instrument the erson S , My commission Expires May<,2009 ; g O P ( ) .,......++.,•.......+..............>�..- or the entity upon behalf of which the persons)acted, executed the instrument. Itogdoffic'al seal. Place Notary Seal Above % rObture 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: Number of Pages: Signers)Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner---❑Limited ❑General ® Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 77 01997 National Notary Association•9350 Desoto Ave.,P.O.Boz 2402.Chatsworth,CA 91313-2402 0 0 PAYMENT BOND Bond No.: CE3964 Premium: Included in Performance Bond Premium KNOW ALL MEN BY THESE PRESNTS, That Contractors Bonding and Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the"Owner", in the sum of: One Million Four Hundrgdd Ninety-three Thousand Five Hundred and 00/100 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 severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: AVENIDA PLACIDA LOWER LANDSLIDE NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the material 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 release said 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 23rd day of September 2 E on stir Co actor nd g and Co ctor ani inin Surety I r n o By By TitleD/!fit NJ} VJ)oh n Title Attorney-m-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-610 PAYMENT BOND X16U-610bond.wpd Nov 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of e)R.A{.Y'Z6 On � Ta, 2Ar before me, � �+• `fNGNt �bTFRY bli Date Name and TBe of Officer(a.g..'Jane Doe.Notary Public') personally appearedNle�i Nannies)of Signers) ❑personally known to me improved to me on the basis of satisfactory evidence to be the person((4 whose name,(Sj isMm subscribed to the within instrument and acknowledged to me that he/skekher executed the same in his/ -tet- authorized capacity("), and that by hisf4erAtmtr signature(s)on the instrument the personal, or yNprz,4 K.L'0404 the entity upon behalf of which the person(s) Comm4ubn* 1433664 acted, executed the instrument. S0MV Notary Publlc-Callfomla _ 2Orange County WITNESS my hand and official seal. comm.Expires Aug 5.2007 -��^�}/�''�•� J $ignaWm�A 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 R_ ' Title or Type of Document: Fe ►jr fC�� '�-A� 'RV'✓y�°(,,(,�(q�. Document Date: ��-�iPT `.f7 Number of Pages: �t a Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: - a ❑ Individual Tap of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association•9350 De Salo Ave.,P.O.Bax 2402•Chameodh,CA 91318-2002•w exoribonalnotim,org Pmd.No 5907 Reorder'.Cell Toll-Frac 1-800-8]6-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On �' 2ep/2005 before me, DateName am Tnle of Officer(e.g.'Jane Doe.Notary PNBIIcl personally appeared Gt�cv+'lcy Wil,kC ,V, Name(s)of Signer(s) ❑personally known to me *t proved to me on the basis of satisfactory evidence to be the personal whose nameEsj is/ere subscribed to the within instrument and acknowledged to me that he/eheNliey executed SANDRA K.LYNCH the same in hisA"rktreir authorized Comm!ssfon# 1433664 capacity(ie4 and that by his/4efl ir- Notary Public CaMomla s signature(s�on the instrument the person(, or Cab aftilly orange the entity upon behalf of which the person( Coirf Expkw Aug S 2007 acted, executed the instrument. ��'WWFII(T777///��N-/��.AEES`^S/'l�m_.�yy`h_aa1nd and o///-ff��icial seal. Signature of Nota~m OPTIONAL Though the information below is not required by law,it may prove valuable to pemons 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: -.oy fivWpi-'T $V�D fbp_ Avenida Flab,AA Document Date: �a3 15aPTien' Peuz- 2005 Number of Pages: ONEC1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 I Nagonal Notary Asseclalion•9350 De Solo Ave..PO.Box 2402•Chanwonn.CA 913132402•www.nationalnolaryeq Prod.No.5907 R.ortl.r:Cell Tall-Fre.1-800-876£827 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Orange } On September 23. 2005 , before me, Brad L.Settuast, Notary Public , Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") Personally appeared J.W.Johnson ® personally known to me proved to Fne 9R the basis of satisfaiate evidence to be the person(s) whose name(s) is/are eee•«•e..aee.00 subscribed to the within instrument and o�eoae«e000eaeeBoo•R�e L gCGAST acknowledged to me that he/she executed D NCOMM#t��qg m the same in his/her/their authorized N��Y .�tFORNIA D capacity(ies), and that by his/her/their ogpNpE signature(s) on the instrument the person(s), N:�emmtado«nEeeeeer«; .«� or the entity upon behalf of which the person(s)acted, executed the instrument. IT d offi 'el seal. Place Notary Seal Above "JAure 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: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner---❑Limited ❑General ® Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 0199]National Notary Association•9350 Desoto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 0'B 0 0�i o o e�aoe a°oO e 0°°O0 p 0OBpPOee:lBo yoOa°'p�°i`��°"o°°4a0O4L°ietZ>0�i�0PgtdP0p1P6f°P°$-v�°°�•°°°peoe1Ooo1O04°O°°P°o°9P90CP°0eP°00 P°o0P°O^0��°°o0,°4eo4°00iO4i0P°°aPL0Oi0sO°p°Ptle`��p0e4"vPa°>pM00Pp9°0P90°0Pea a ao° oa°oj0 ae°LOtoLOioLtt°Oa°ea�:'°°oa'>°o°ooe°Re°•^,�_oo°°°°°0°0°aeo0°vee°0q°°�oo��ff °�o°e°eua°'o ee°0"e°o°ae0°<9ooepe°oo~oopi ^tie:e°ep°e 0o°e°O°0e°♦ee0°°eo$°°a`Y�7°a Oo°ge°y0^o oO°0OOe4O°ea"0°°°peee^>��o��•��•o°iay°o°o.°'°^oo°pee°e°o ee9° `06Co0 9 0 o°'o:;eeoo o9oea°Oe°o°oto°o°o^�Qe00000°eoa^•goeaoo<°a°°°°•;`0000eoo°°^•°° a°o° ° i!; 1 PPPi' 1619i#ypPPs "111iiP.PPPvP 1°411P1PiPPo"w4ii91frd' iP ViOs'°i°1?i 4i •°al°4°P 99p°P.'e'1°v 1aia1°4°P°P'P°P°s"�v9°4°0°P°i°P°P°P°vo'�a}�°°°o�� s'144 PP 1 4P Pn° i P ,�I °O°°°P OeO s , 1 , piil00o00 °ceesa°eOoee� e °e°°eve° a o°, s o<00`ep°e READ CAREFULLY- to be used only with the bond specified herein bond is exi before t e date indicated above °00°0°°es•�sr e0se°00�0 ve;;°e4�e ade°ee°C see°eeo a1:era=_ KNOW ALL MEN Bconstitute Y THESE PRESENTS, that the Company does hereby make, =��"I1i•1a oint the following; VIRGINIA M. BERRY, P7tANK G. ROBITAILLE, J.W. JOHNSON,]I • ROSSKOPF, I L. SETTGAST and PAMELAHUMMEL its true andlawful °a�°OrOO s conferred with full power and authority hereby W. o{eovee the Board of °°°°>°e s - • 1 1 1 t f 1 1 0 9. � eeoDee°. °eooe - - eP.'seaee>° °oP lllil s Directors• e Q'1'° of e° esae9 0 0o•°oo e° AD ! { f Sv aee>^o° � "00'100 {(I •. d 1 1 pOI� `! o�ddl4dldda,.oddl46H°oe�fobddd4lFlCa a E!d! ddEu addil;d!!E°„edddldedldEo°o�dpa°,.Pe , ea PI a <°a3°ee° °p ag•, !d!b!d a add idd dd04lddE Pe ddld+E! ° addld dldd;<=$ddlE!lddE;°, dd1 E -0e!!!E 04'+a°° e°•ti.i<o09 .+• °„ eeBe°OoeeO EXECUTED IN DUPLICATE Bond No.: CE3964 Premium: $18,035.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESNTS, That Earth Construction and Mining as Contractor, And Contractors Bonding and Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the "Owner', in the sum of: One Million Four Hundred Ninety-three Thousand Five Hundred and 00/100 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 severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: AVENIDA PLACIDA LOWER LANDSLIDE NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the material 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 release said 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 such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 23r° day of September 2005 arch C ction ConjI ictors in i g and C ractor n inina Surety In nce C By -+>/ By Title ✓ J .John n Title Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-610 PERFORMANCE BOND X16U-610bond.wpd Nov 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �2eaNGo& ss. On ��M"WM4Zfor '0115 before me, dnu k•I_y�roty spry Date Name arol Title of Officer(e g.,'Jane Bae,NOtery Public) personally appeared GI'10l wtf�ta" l— Name(s)of 8lgrrer(a) ❑personally known to me ;K proved to me on the basis of satisfactory evidence to be the persol whose narl is/am subscribed to the within instrument and acknowledged to me that heAghekhey executed the same in hisAie Alreir authorized capacity(jeej-• and that by his4ferkheir• SANDRA IL MICH signature(s)on the instrument the persol, or _ Conunki *1433664 the entity upon behalf of which the persort(ei � (spay Fl_CaNainja acted, executed the instrument. MVC0^m��illul WITNESS my hand and official seal. �A- slgnatum 01 Notary P l 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: ��"?t�' ✓t'ti G�/&"D— w AyeTnl AA Document Date: Number.2.taJr` Number of Pages: ONE t Signers)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Natronal Notary Association•9360 De Sato Ave.,P.O.Box 2402•Chatsworth,CA 91313-2002•xe waatior alnolary.Org Prof.No,5907 Reoroer.Call Tolll 1-1 6827 P hOUtr� - � .. _ �'JtJS 6�.' ..,•!Grs r t4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Orange 1 On September 23. 2005 before me, Brad L.Settoast' Notary Public Date Name and Title of Officer(e.g.,-Jane Doe,Notary Public') Personally appeared J.W.Johnson ® personally known to me evideace to be the person(s) whose name(s) is/are subscribed to the within instrument and # acknowledged to me that he/she executed BRAD L.SETWAST the same in his/her/their authorized COMM#1487848 D W NOTARY Pli-CALIFORNIA IH capacity(ies), and that by his/her/their q ORANGE COUNTY signature(s) on the instrument the person(s), j WCominialonExplresNlry4,2008 ; or the entity upon behalf of which the SNOB ee0e.leN+M+«e..eNeleNe.os0 person(s)acted, executed the instrument. �OI.LT# r-Ff5?1 and official seal. Place Notary Seal Above .\/ Signature of Notary Public CIPTIONALIIIIIIIIIIIIIIIIIIIII 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: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner---❑Limited [-]General ® Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 77 ©1997 National Notary Association•9350 Desoto Ave.,P.O.Box 2402•Chatsworth,CA 913112402 PAYMENT BOND Bond No.: CE3964 Premium: Included in Performance Bond Premium KNOW ALL MEN BY THESE PRESNTS, That Contractors Bondina and Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the"Owner', in the sum of: One Million Four Hundred Ninety-three Thousand Five Hundred and 00/100 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 severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: AVENIDA PLACIDA LOWER LANDSLIDE NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the material 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 release said 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 23rd day of September 2 Earth Conor ction C rectors n g and Con d Minin Surety I s c By By Title W. Joh on Title Attorney-fin-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-610 PAYMENT BOND X16U-610bond.wpd Nov 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. Country of d2p. On ZEA &05 before me, �lvoag �• bYN(yb NoraRy 1'L(blir✓ , Data 1t� Name and Title of Officer(a g.,'Jane Doe,Notary Public') personally appeared G��M '�Ytlllawr *PP69!!0L Names)of Signers) ❑ personally known to me ,17c proved to me on the basis of satisfactory evidence to be the person(* whose name%) isfere. subscribed to the within instrument and acknowledged to me that hetshekhey executed the same in hisAgerkhi it authorized =K.LYNCH capacity(+es), and that by hisfheN44ei4L- 4 Cammbabn#1433664 z signature(s)on the instrument the person(s), or z -� NobYPublc"Camomla t the entity upon behalf of which the person(s) oKffw CouMY acted, executed the instrument. MV Comm.rqissAug 5,2007 WITNESS my hand and official seal. Audi -*0&w Signature of Notary Allphu, 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 Document �- 1 Title or Type of Document: l 1i �^'D6�' AYGr"k la ?lac.yiA Document Date: Qt> se-pr 20yJ Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: INNOM ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Aascoaton•9350 De$Mo Ave.,PO a x 2402•Cfiata M,CA 91313-2002•w nationalnotaryorg Front.No,5907 Reorder:cell TOIbFr.1.B00E]6-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Orange } On September 23.2005 before me, Brad L. SettaastI Notary Public Date Name and Title of officer(e.g.,-Jane Doe,Notary Public') Personally appeared J.W.Johnson ® personally known to me evidence to be the person(s) whose name(s) is/are gee+eweeeseseeeeesee+eeeeNeNeeeeeeeeea subscribed to the within instrument and BRAD L.SETTGAST D acknowledged to me that he/she executed COMM#1487845 m the same in his/her/their authorized NOTARYPUBLIC-CALIFORNIA D capacity(ies), and that by his/her/their QORANGE COUNTY -` signature(s) on the instrument the person(s), eeNeee+eN•^e:::Ce°eeNNmission Wings «4>�e°e' or the entity upon behalf of which the person(s)acted,executed the instrument. �W S and official seal. Place Notary Seal Above C ignature.11 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner--- ❑Limited ❑General ® Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 81997 National Notary Association•9350 Desoto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 °'°e�.�'�"ea"' a�o<oono,^-e`:reo°oe`oo'ereao«a�o:.�.>°'"e';�.a^`eo°•°°e"u:�'>o'e��o°°.... ^p.�i a`o°o`e°•e°er e°•o'o°o'e��>°° oe�.�e o°°o°Oee aqe°°Beop°o � � � eo B08pepap °e 0 oee A°a�00009�°i°°0o<00°0 u0p°e90°° °d40°0000° <OO P°e°0°° O d ti0°e°°O °900 c °�OE4F°°�oieA00 °°Dea60 0°�a °0000 e °00°a°a°i p°°00060061°p 0°°e00°Oere°`°p006er00°s oa4r9°0°°°`-0°OOOOP00°0°0••__°°0e0d00°°Oo°-`°op°0p90pC0q�eo-a d 0°°•epa0 °E 0 FO°venq<4°Oq Oq oe�ea P0a0 L6ie°e'°0°0°000 004°ov�u°a 0 a°°Opre9 OaiCO O o9 a pe 90ig0 6ora0 9 p OOi 0000°Od 000°p° 000000E !op000i•OPO°j•v09pd°OOeOF^,!o9p09<L800q °0019000 ° p+�p j0° p0i41§!pp-Vv aQfi40iPrre IRP90fP4idp ov911Qd46o° eo44iSiiidv oPiiViifivo Ioiiil.P4Goa va4i40ii.foa'vpdp9iSi9d9s Is4i4l�PryrF sfiNi7iPop eoi4loPfiv9 odiiRPMOl9 f°�.°° 06ptl e•e"o 'eo°°°0°0° o0P°Pebeo ee� , # , ' � , , , ag OVOiOQQ000e ppeeaeaoov. a °°o f 1 # • f 1 apOaP 400°0°0 s e e0 0000 ��I�aae READ CAREFULLY- to be used only with the bond specified herein °wl)) PQ°C00°e s_ 1 "Y • i i,i \ 1 1 •e , e 00<Q jp6 iacebeneath e words1ev"at the ton of document and is0 q0y 0°e°ep°ems^ • \ 1 i \ i , • \ \' , e °p0>0 °Oa°o eyees °e°p°ti 6° o0�e�o:�es e e OW ALL MEN a' that - Companydoeshereby make, constitute ooe<p° and appoint the followingi VIRGINIA M. BERRY, FRANK 0. ROBITAILIM, a-W- JOHNSON, KARK ROSSKOPP, BRAD L. SETTGAST and PAMELA M. HUMIEL its true and e°9o: elawfwith full power and ul Attorney(s)-in-pact, aconferred in uthority e a"0000 'pCp°eO' its name, place ato nd acknowledge and -and deliver any bond or undertaking that shall e eepepe Company: (1) any and all bonds and Undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute a�o exp s ,portion of the penal sum thereof excess i$10,000,000,,obligate -undertaking would be required with penal sum in "Coos of $10,000,000; and (2) further, that no Attorney-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract in awarded, any bond or ei) 0°9000 s �_ eQOtOpOq peso a°De° i(`Iilee • pCaOd s :pj>°P opoe°ae a� • • • e{wn4q> (( e : • 1 r ejFa ae°p°Oo°°�s e°'oae °<�Ce6°0 a ee°p001000 41 EO�O�R!' e°° eeoo°a °'t{a:'..�oadPd9Q°de°Q4°p add>o4Ep"a QpQp° i�d°edfeelEQSy °aCodFEhee SE dddF9°0!°Eod4� d�dglk OIQEE addLda91Q°d " dd°dadOdtao ,igdal661.QEp haA'ldddtSeE °ed°d18Sdddeep,°sedddddlQae °0380!llQ4e,..r!i�� o eeez9e% pp°e4 ;;neoPOag,:��i ve°°°.9p °e<aa a:.� .;9°ooe°;ga�o o9r°0°p• - mcse°d'e oeo°p°op°oPg:.e°_e°pe°aa°9°°PrC°og>e°9°ee9•,".'geee°a.�<v°e• °.o$°Pe°o°9op•�peae:eo9 Ep pO�� .tea ..'a.�rl �e��id'v�°oee°�° '�iie Lam. °s'•a► •�yi�. e''.��e��?�0°0 January 31, 2006 City of San Juan Capistrano Avenida Placida Landslide — Lower Landslide Debris Removal 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 Additional Excavation of Soil and Non-Compensable Time 1) Extension (14 cal days) as detailed in the attached Exhibit "A" $24,225.00 Install New Irrigation Main Line and Non-Compensable Time 2) Extension (14 cal days) as detailed in the attached Exhibit "A" $17,715.61 Relocate Existing Irrigation Boxes and Valves and Non- 3) Compensable Time Extension (7 cal days) as detailed in the $4,014.79 attached Exhibit "A" 1 4) Credit for Deletion of Irrigation System on Upper Slope as ($2,257.50) detailed in the attached Exhibit "A" Non Compensable Time Extension Due to Inclement weather (7 5) cal days) as detailed in the attached Exhibit "A" $ 0 6) Credit for deletion of Bid Item No. 7, 'Removal of Surplus ($55,000.00) Material' as detailed in the attached Exhibit "A" Total for Change Order No. 1 ($11,302.10) The original cost for this work was: $ 1,453,500.00 The cost of amendments/change order(s) to date is: $ 0 The cost of this amendment/Change Order No. 1 is: ($ 11 30210) Upon approval, the total cost of this work is: $ 1,442,197.90 The original contract completion date for this work was: December 2, 2005 The additional work included in this Change Order shall add: 42 calendar days The contract completion date shall be revised as: January 13, 2006 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 -� Amy Ami ni, Public Director Date Z D 2 Zr /b7j P Cr/r S ga o, S nior Civil Engineer Date 07- FE 0 7,50G Bill Seitz, BF, Construction Manager Date pp � AA,lli�, ;;,) — ' �ILJ VaTt nstr tion andMinin , Contractor Date 2 law CONSULTING January 31, 2006 JN 10-104476.001 Mr. Peter Salgado, PE CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Placida Lower Landslide Project(slope); 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. (Back up documentation for each item listed below is attached) Non Compensable Item Title Initiated $Amount Da s 001 Additional Excavation of Solis $ 24,225.00 14 002 Install New irrigation Main Line $ 17,715.61 14 003 Relocate Existing irrigation boxes and valves. $ 4,014.79 7 004 Credit for Irrigation partial upper system deletion $ 2,257.50 Non Compensable Time extension due to inclement 005 weather 7 Credit for deletion of Bid Item No.7"Removal Z006 of Sur lus Material' $ 55,000.00 otal $ 11,302.10 42 Should you require additional information, or have any questions, please contact me at 949.300.9132. Thank you. Sincerely, Billy Seit� Construction Management EXHIBIT A Attachments:proceed orders, items C�eotaM%vork�slcwlacidan6 o ccos\Cco oar RBF Cover dM PLANNING DESIGN CONSTRUCTION 14725 Alton Parkway,Irvine,CA 92618-2027 • P.O.Box 57057,Irvine,CA 92619-7057 • 949.472.3505 • Fax 949.472.8373 Offices located throughout California,Arizona&Nevada • www.RBF.com pemee an movow war a Conrtmction Mtn:ng FAX COVER SHEET TO: Billy Seitz COMPANY: RBF FAX# 855-7050 FROM: Sheryl 949/456-0050 DATE/TIME: 1/23/06 6:03 PM NO OF PASM 42 REGARDIN& Extra Work fa'Avenida Placida Billy,here is a recap of the extra work as well as the back up. Kato's extra work tickets show a 20%mark up on equipment and materials which I have changed to 15%, Thanks 1111 E. COMMONWEALTH AVE. #D FULLERTON, CA 92851 FNaNB: 714.871-3262 FAX, 714-871-3020 Zb0/T0 'OKI ONINEENIONE 119966 L9£ 06 IVE M91 9019009/£9/TO RECAP OF EXTRA ITEMS Additional Excavation Costs $ 24,225,00 Install New Irrigation Main Line $ 17,715.61 Install Sod&Plants in add'I Area $ 824,88 Irrigation&Boxes within grading limits $ 4,014.79 Credit for Irrigation Deletion $ (2,150.00) from Kato 3 each 1/2 systems w/4 heads each $ (107.50) LT's 5%mark up Purchase&Install Bollards $ 1,063.87 Install Waddles on Access Road $ 1,576.96 Pump Water from Basin&Cut Additional Holes $ 839.00 TOTAL OF EXTRA WORK $ 48,002.61 l40!t00� 'ONI 9NINZIONN 119966 L9£ 96 IM NIT NOR 9009491/0 01/23/2006 MON 18;12 FAX 949 367 9968 L T ENGINEERING INC, 9003/042 00'922'trz $ 0X3 I,Qgv mo-4 .L901 9VNOIilddd 09'199'11 $ 09'499'Zl $ 9L'£ $ 09'L $ aDy4 ;Iun FA* Z80£ 6891 U014DnD7x3 10u0!;IPPV 10401 sta 9182 edols Ona u6tsap pul4aq axe ;sow I,ppV s/u L9Z 6891 S%*J44n8 W4w3 u04 SIN-01 sk) 996Z9629'6Z £96996'491 U T979" z 0 9L£ E96Z96Z9'6Z 9Z69369Z'69 b z 08E 0 LOVLOVLO'bL 9 0 "E 0 0 0 0 88£ 6w43ua8 ;IanOWab 2nDW2Z1 42ua8 ,001 446Ue1 AvX - $sa4}n8 40 3104 44-70N SAD L£OLEO'LEZ 9Z69Z6'9Z9l 0 TF&"ZTM b 0 9LE T8bTftT9'i4l t,t,trt,t,t,t,t,'t,tr E I 08E E96Z96Z9'6Z 9Z692692'69 b Z 48E E96Z96Z9'63 68888888'88 9 Z 882 E96296Z9'6Z LObLObLO bL 9 2 Me Mi"1817l 9Z69269Z'69 b 1 96£ £96396Z9'6Z 9Z6060'69 4 Z OOt, ir""trt,t,'t,t, Z2ZZZZZ'ZZZ 91 E trot, ir""f7"*" 6069Z6'9ZE ZZ £ 8ob 0 L999999'9943 8I 0 Zlt, 0 L999999'99Z 9T 0 911? 0 0 OZt, 6u14Oua8 SJDAQWeb ZADlnaa 4aue8 ,001 44&M tail - SSDJWO 40 d104 4009 XV VQl7V1d VOIN - dd0 3XVI Al=NVAO 1V LIMY 01/23/2006 NON 18:12 FAI 949 367 9968 L T ENGINEERING INC, 0004/042 19 SWLT $ 3Nll NIVW Wal 1907 lYJ.01 09'E118 $ do Muoyy*/g s,YY03 TO'ZL8'9I $ 19'668 $ %gT LZ'Z8L IDIJ04DW O4'OTT $ %61 96 }uawdmb3 08'094 $ %0Z 48£ joqul LOgOT 4.24a1.1- 90/40/70 O4'OTT $ %gT 96 4uawdmba 08'094 $ %OZ 118E dogol 609014210!L-90/50/10 04'68 $ %ST 8L +uawdmba 00'ZOL $ %OZ 686 uogol 90901+27011-90/OE/ZT 00'011 $ %9T 96 ivauldlnb3 001498 $ %OZ OU jogol gOgOT+21011-60/62/91 08'089 $ %gT Z66 Tuauullnb3 Ob'28£'I $ C/O? 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CUSTOMS!?Cf.; AL BOX 5051 • WESTLLAAK�E VR:.LAQF,CA 9135$•5067 .noeENa cuNu sr m (806}496-6744 4 (579}658.2693 1501418 1768 o PAGE a S w 0 IANDSCAPIN6 INC EXIT HNY 74 IN SON JUAN CAPIST 12121/05 0 182 BUSHARD STREET p 60 TO CHEVERON AND CALL OUNTAIN VALLEY CA 92708 T NATE 214-309-1015 0 O z oaaE no. / IA P611GIDA .836 OT 77960/20 07 107H m 9NG[ - -M Nu=A BI6C Si�E�`PNCE "ET baa 3 100890 $RASE 1" 90 ELL 3 3.47 25.00 2.603 7.81 rn m e 6 32CLAMP 832 HOSE CLAMP 1 1/2 TO 1 7/8 6 .71 .00 .710 4.26 N V 1 1 25O8UNION BRASS 2 1/2 UNION 0 70.72 25.00 30.540 .00 U � m ! 1 25048NIP BRASS 2 1/2 X 4 NIPPLE 0 30.92 50.00 15.460 .00 t7- --3 w 1 1 25012880NIP. BCH 80 NIPPLE 2 1/2 X 12 0 12.99 70.00 3.897 .DQ z z b 4 4 200ST90S80 PVC 2 ST 90 ELL BCH 80 0 64.86 60.00 25.944 .00 ui Q 7 5 130ST90SOO PVC 1 1/2 ST 90 ELL SCH 80 2 50.02 60.08 20.008 40.02 v w 6 100ST90680 PVC 1 ST 90 ELL SCH 80 6 36.39 60.00 14.556 87.34 z n -' 2 U2000T 981 U-2000-T SCH 80 TT UNION 2 23.78 35.00 15.457 30.91 C) S-771 F 7 U15001 K@I U-1500-7 SCH 80 TT UNION 5 oe 17.56 35.00 11.414 *9;9p ?.1,51t � { U1004T X@I U-1000-T BCH $0 TT UNION 8.34 85.00 5.395 a 0 S 3 2003BOOKIP BCH $Q-`NIPPLE 2 X 3 3 2.03 70.00 .fi09 1.83 0 21 10 1503880HIP SCH 80 NIPPLE 1 1/2 X 3 .it 1.80 70.00 .540 w&v94 0 18 161 1003880NIP I SCH 80 NIPPLE f X 3 01.09 70.00 .327 .00 0 N APBBOdOEASNONFAff[M6MP/b0 APF EFF46UMS - m MMRS=NAMM NWVBBBD[VPDECONL6w8 "tWOrMTtIOEDDMMBY*MDW M am MILL PURCB�HiNU�8 B8dM1Eo7CO8iNRM CYL UMD.NUMBER PMUWT09WWMfM 0: nmaumeI m rmuaia * CONTTHUE6 2 � -YES _Np TAX y ! YHYfNDVLGWMWWM 0 a arsaE-aw.+batsm..ula...6H6rn.o.m.va TOT*! o id[C.N0. rEAv<aicttacasves pa�recE.wEasoaeram.r xa C'3STOUER.COPY N MITH PIPE & SUPPLY INC. inivuK:t t /FGUNTAIN BOx5051 • VA36RIKETVRLABE.CA91350.6051 "a°`�NO °�OA�• 0 o408$744 ' {018}884-2503 1501418 176$ o PAGE 3 w LANDSCAPING INC EXIT kMY 79 IN SAN JUAN CAPISI 72/21/051 SUSHARD STREET p 00 TO CkEVERON AND CALL VALLEY CA 92708 T KATE 714-309-1013 f z 0 oe JOF RAE vu artias rse�1 �12/ 1/05 AV MIDA PLACIDA 898 0T 27960/60 07 MET IOTK I w . m 0180 Tt91541rBA OdCIRP110R amm LiSTPA[CE ow 8N,1w MKT m 2 2O0FASB0 CD PVC 2 FEMALE ADAPTER BCH 80 2 93.40 60.00 37.392 74.78 +D 1b-1. 7 150FAS90 PVC 1 1/2 FEMALE ADAPTER BCH 80 53.61 60.00 21.444 -450.ii V 6 100FAS90 PVC 1 FEMALE ADAPTER SCH 00 - r8' 26.94 60.00 10.774 `iroi-6 U � ? 1 1 ESP24MC R8 ESP-249C CONTROLLER 0 1545.00 55.00 695.250 .00 r F y z 1 1 250758 KATCO 2 1/2 758 TH FULL PORT BY 0 32.912 .00 z 0 16 1419RU 1419 RECLAIMED NATER VALVE BOX 16 44.04 50.00 22.020 352.32 csr r�r a. x ¢ e 91ORM 910 RECLAIMED NATER VALUE BOX 3 24.69 50.00 12.445 37.34 a z 7560 14UF23009LK MIRE 14UF-BLACK 2500' REEL felt.19 70.00 .057 F b1.to -r 2500 14UF2500MkT MIRE 140E-MKIT£ 2800' REEF .2580 .79 70.00 .057 o F Y d R .moi �> fO 25O899O . PVC 2 1/2 SS 90 35.36 90.00 3.536 85196• 0 0 18 250SS45 PVC 2 1/2 SS 45 10 35.42 30.00 3.542 35.42 0 10 250SBCOUP PVC 2 1/2 SS COUPti9.•uir o � � 15.35 90.00 1.535 C" *s�aicarHnseaxnvoa+ws�xEanaoucre ,, IRo +wuest�u*oeaoRceraHOT�ueEosF�nceecasmerTx�ennc� N ;i1�NtIRNBlM919 T09BL4N/N W.HUMOM KMMF TO MWOR SM OF IfAEwma�cacE� sueTaru + CONTINUED * d�P _v1s _no .¢� Ipg#/ftl0. TALC � TOTAL c •' 1C.Ra rea�e.mcansuvsw�rtas�.wE,umean.a+aera n: CUSTOmEP COPY N MITM PIPs; & SUPPLY INC. INIYOIGt O.aQx 8051 - WESTLAKE WLAGE,CA 91358.6051 rase Ma ae ocfri, o o (AM 4B8-8746 . (818 $88-265$ 154119 1768 � ti n S FRSE ATO LANDSCAPING INC H EXIT HNY 74 IN BAH JUAN CAPIST 12/21/05 6' Bi B2 SUSHAR6 STREET p 60 70 CHEVERQli AND CALL r� FDUkTALN VALLEY CA 92708 T NATE 7L4-309-&415 0 m NSP® P. -MAIM VR tiOeRf 87p@ 7OkMl �"' N 31!95 12/21/05 AVENIDA PLACID& 838 QT 60100 O 10 `n 4 I�1MB16B1 0®CIIPtp11 511BipII LWFR10E DISCum mn 3 250S5STEE PVC 2 112 SSS TEE 3 47.36 90.00 4.736 14,21 w a 3 3 250200SBUTEE FVC 2 1/2 X 2 SSS TEE 0 47.19 90.00 4.719 ,00 r eo m B B 250150SSSTEE PVC 2 1/2 X 1 1/2 SSS TEE 0 47.19 90.00 4.719 .00 U �z 19 7 250140688TEE PVC Z 1/2 X 1 SSS TEE 14e 47.19 90.40 4.719 F 0 10 LOOST90 PVC 1 ST 90 $,t0 5.21 90.00 .521 �8 Q4 v� 13 27119 CEMENT 2711 QUART 12 26.25 43.00 14.963 z a � ¢ 1 P706 PRIMER F-74 GALLON 1 74.05 43.04 42.209 a 9 9 IOTR82 STD IO TAG ODUBLE-SIDE, PRINTED 0 8.08 40 3.084 .00 0 1 REDHOTD CHRISTV' S CEMENT RED NOT GALLON 1 79,93 43.00 45.572 44 ,530 F 2 RHC32 CHAISTY`S EMPTY QUART CAN 2 3.70 43.00 2.109 -4.2p a 2 CM75 CEMENT CM-75 CAN-NATE DAUBER 2 3.10 43.00 1.767 0 2 BCPDM CEMENT. BCP CRN-NATE`SDJ OAUBC4 2 6.30 43.00 3.591 7 EG 0 2 SF1218 BANCO 12" HRCKSAN BLADE 18TPI 2 1.57 .00 1.570 S.*40 m a 1 5225 SAMDVIV. 225 FLUS HAC[SAFA 1 24.54 .00 24,540 �j APWIIL�A1@RN!1i MEB1 MID diAPPl1C181EP50BUGl'8. m NOt pM,MBMMB,MY1dL CANO6NwGi�U8f4FPFSila0E0WEli®BYlH6 M57CE 5118 TOTAL (NJ r)O�OFNL 71dIDl�IaTMMOPa?ATfMILIKNLWOPURSUWrT85Fr.F10mGMOF ti Pearrrn TARt-i 7b), i S .4m tl50FSYE-Cbbsf-fngpmaa.rm..�.aaSMtl sig TOTAL aneaa ro.snwomf.nava."�rnsF.-awrwanac-z�mrc CUSTONIERCOPY L _ 1 ' lClillll��Rll SMITH PIPE &SUPPLY INC. invuwe REMIT TO: eam�Na as�ns� 4044W500 • WESTLA10 WLAGF CA$1358.5051 0 _N WQ 488.8744 • 83181889-2583 1502022 1768 � & S PAGE 1 w ev O XATO LANDSCAPING INC H KATO LANDSCAPING INC 12/27/05 v LD 18162 SUSHARD STREETp 181132 SUSHARD STREET 7' FOUNTAIN VALLEY CA 92708 T FOUNTAIN VALLEY CA 92708 O O oe aAr® - �oeravwE w< Deas. ara+a: mAe .c cli 12/27/05 12/27/05 AVENIDO PLACIDA 838 OT 288I3/00 07 MET 10TH ro M1® M MBIIRA18dl OWN LISTPRIm an SALEUlf ba-e 160 OR230CL315 IN PIPE 2 t/2 CL 318 L60 1.340 214.9 c. a 240 RN0753CH40 IN PIPE 3I4 SCN 40 240 .250 00 ISORN1Q0 AN PIPE Ia SCH 40 m 180 68.28 z 180 RX1258CH40 >1 '41/4 BCH 40 180 .505 90.84 r- F y z t00 RNISOSCH40 INSCH 40 100 .602 60.23 C) _ 40 0506S80NIF BCHPPLE 1/2 .79 70.00 .237 9.48 U 120 OZOITTST290 X T NARLEX STR 120 2.35 .00 .156 18.00 y 40 1806SAN RN POP' UP 40 12.44 55.00 5.580 223.20 CF3 0 40 1800NPCAP P CAP 40 1.10 55.00 ,495 19.00 F - 8 0750505190 1/2 ST 90 8 2. 90.00 .289 2.31 = 18 0730S08STTE 1/2 SST TEE�ft 4,18 0 .418 7.52 c 14 10005 TTEE PVC -1 X 1/2 SST TEE ��N 6.44 90.00 ,644 9.02 0 16 125050SSTTEE PVC 1 1/4 X 1/2 SST TA81Cbde S 6 15.35 90.00 1. 24.56 m 0 2 150050SSTTEE PVC 1 1/2 X 1/2 SST Nm 18.99 90.00 1.899 3.00 N APESIICI ASSISMAUffPMOM KW OMMRRCAM PAOOUCTL m IIDAEC'p MMAW HO OM WIZ OONMMMTW USB OF FWWM WYEFM OVUM 1M( W, l (.�[�, BUBTORL - N lMPUaCHA8WWag iEo1AR O M Ml OP8WOR LO.NULWAPUR NfTOSE OKMZOF A 1�UDW i c lMCAUwNPUCOOEOFrEmelOnxs T�1Z� - �- • CONTINUED ¢.1 _VW _MD TAX o -� PESNIfNmPLEWPAInka ,w ra�w orau-orw+.•osu.emn..e.hma mnd,wx TWI�1. a auc xa avewooaaco®w �c xrsemnwasrm��ama¢w CUSTOMER COPY N PIPE & SUPPLY IWC. invun,c /aiNOSCAPING • W LAKIE M IF.CA @1859-Ml Exv�xn ae+a�ae Ej488-8744 • (818)888-2898 1502022 1765 ^ PAGE 2 d S INC HKATO LANDSCAPING INC 12/27/65 D STREETp 15152 BUSNARD STREETLEY CA 92708 T FOUNTAIN VALLEY CA 92706 ; z 0 JOB INAM STOM 105 1*702*0727/05 A ki IAN 00 107 m ® Ad1M1iB11 0431ClPItaf i1Nr® LIM= no l�IE�tItlCE ca mm i 1 1808890 PVC ,I 1/2 83 90 +1 4 7.45 90.00 .745 2.98 � w d' 4 150886TEE PVC 11/2 SSS TEE41 4 9.68 90.00 .988 2.95 � ti no v - m z - r y z lige i C) 7.�441 .rats o z z �sS Z ak F 6 ICU aG S 4 O O O O 0 N 11h86�i{gpWIhPRIC�9I8PflGWCLS m �018iQUB4nylgogN1u16B �7p 00lICfAN16lFEU�OFPWtM.�OEOViFIIED OY7H6[MFCF. N 'S1Ed�caOEOF R63{1Nnown4WN+oPHUncm Go.tilN68it8wNirmsEClgHaaPPaF 81�TO71LL Z _YES _14 Mx - maim •mmprearvxE—cwamvy.vacwv.wwm.r..a..wa CUSTOM1EPc -Y � ro A I A 11111 WO 1 h1 I IT� �\ lift • r1i 1 IIS i�) � '� ' � " ri r �� I 1 � r - • r� . a .�'� i r � � � / �1 � � � � r � ,,, . .Y � �y i � � - n � � � M iii � ._� �� i � _ ��r �� . � �� ,� � � '� � �r �► � - „ � \ .� �. - � �', � : � ��111111��11 ? � � � �:� ' , �'' i; �i \ 1 + �� r , ri' i .r .1 i :� 7 � i r 1 � i � �� 41 �,. � '�� 11 . 1 1 ' 1 1 • ' 1 . � � r 1 t �. h: � •. �', a 4� ��, � � � .� -'� „ -' � ,� .: �` � ` � s � I 1 1t \ �`: + , i_ � l V,, * . IIIIl�1�C��111� �� - �: �_ _ . , ,�� ` . �l1l111 ., ?' , � � �: - ' + � � ;_ i ' �� rr �� i �o- ► -- „ � r� � � ., i 4 � � � � 't""t'!�'iil�� '` G�Cr - � - rJ ') ' � �� '� i � � i �� .' � �� SII 1 Rgi �! !IIIIIIIIII y L8 i a aILA �M . •1 r rr ' � r 1 1 1 • 1 1 : 11 ►�;57 MINOR,llll .� gigi 01/23/2006 RON 18:15 FAI 949 367 9968 L T ENGINEERING INC, 1021/042 aur�wcv Oji+ a��' rsy�Lot='Jbt X i,yM1.9"kltfs rurn ql I+ 11 iMIQNIWPW ;WAM 'N d fD'INWOY/�VWiV IW YIOSA!'WYl1gP i 9LL' •.u• ,6661SLL,i•' V$. ,Q 4 :a UNTOMOW via" ?area+ L64 SAW 0913N GwLOlC6 do NOW V.VWOjsna 049LOZ eocas tla `A3��tln om 80LZ6 tla A9l1VA NIViNnOd 133?4S oavHsne zam 1S 0015666 9�IdVO50Ntl101V1! :o.�uaaaws :M mos ot�Y Mad i+a 6 96EZL060 1 soma i, Q-soarg w LE66.966WLL 40OZO VO 'WI3HVNV OWL-bL006 VO 'S313ONV 601 3nNSAV NI.LWI3HVNtl 9QQL9 3114 33dVOSONVI 3x330 NHOf;0111"311 SadvosONV-1 3a�© IVH0 �Io�on�va , gild VZV9 E96 Vid ONPISNOO UVOSMI OIVY Rd 01 : 10 9002-EZ-NU Sod&Plants not shown on Landscape Plans Fine grade, lay out and install sod&plants Extra Work Ticket 10515 Mark Up Labor $ 1,590.00 20 $ 1,908.00 Equipment $ 120.00 13 $ 138.00 Extra Work Ticket 10516 Labor $ 1,380.00 20 $ 1,656.00 Equipment $ 120.00 15 $ 138.00 Total Cost of Installatian $3,840.00 Prorated by 2100 sf of sod 1.8285714 $1.83 per sf Additional sod not shown on plans 6' x35' = 210sf Pro-rated cast of labor for 210 sf $ 384.30 210 sf x$1.83 per sf Cost of plants&sad w/ 15%mark up 210 sf sod $ 1.44 $ 302.40 9 each one gallon plants $ 6.90 $ 62.10 2 each five gallon plants $ 18.40 $ 36.80 $ 785.60 ECM's 5'/o Mark up $ $9.28 TOTAL COST FOR ADD'L AREA $ 824,88 i Z60/ZZO� 'ONI ONIMNI9NN 118966 L9£ 96 YVJ 9T:9T NON 9001/£9/10 • ,- - - ;, �" '' ,� - � . C- �. I► \ ' y � ` � ` . '� . h I. F '_ . �� . Ci � � � � � �. ,� r • � � u + � �, ,� r �� r �` I� ' r � 1 F„ `, III�I�II111��0 : � .� . , . , �!}. �� 11111110 � �= `, � ,. . J�r � � ,� w. � I� :- � J ` f �- r � � . .rte �. �� . S �i: r �, � � � � � r' i _� 1 �� .� � '• , int rY� ` r f � ►1 � � f �� IIIIIII��oQ ��,C�J��J Ili 1 . 1 1 1 1 • � � • r r , ►w y ,5 1 r. 01/23/2006 VON 18:16 FAI 949 367 9968 L T ENGINEERING INC, 2025/042 1 "140'11 S IS= 1rloi 81167 $ do�Jow%9 s,W93 19'£28"£ $ 02'8011 $ %02 9££ 1 L0901+3Ho11-90/1'0/10 021011 $ %02 9EE jo901 60901 M*U-90/EO/SO 081F09 $ %02 1109 jo9o"I 60901+MI0I1-90/82/Zl ES'880'1 $ %91 18'946 JO!J0+OW STELE $ %91 91112E .WawdInb3 011'096 $ %OZ Z6L +090'1 do MjoW 10901+"o!1-900Z/£Z/ZS s+!w71 6uipo,,6 uiy+!M Ila}p4m aull U01 pis p+uawa00ldab • 1 \ t - �'a r dIF&*. SMITH PIPE & SUPPLY Eno. No. REMTf TO: RO.BOX806I • WESTLAKEVILLAGE,CA91399.6061 1502496 1768 0 m (806)4983741 • (018}889-2!!8 - �"' PAGE 1 I NATO LANDSCAPING INC 1 EXIT HWY 74 IN SAH 3UAN CAPIST 12/28/05 0 11182 BUBHAND STREET P 60 T4 CHEVERON AND CALL rn FODNTRIN, VALLEY CA 92708 T HATE 714-309-1015 O z Msmi W1 OAOBI• SME oe N m 0 'RBIMIM6l OBICIY�IfOil a15PYFQ LI81!'RICE GBC UK wLLlpw ?7 m 7 150PEB R! 130PEi 1 1/2 PLASTIC VALVE 2. X LIMB 55.00 49.500 d ea tiw coo U m a � I gnu r F .-3 Zn a t� o � U _ _ d ¢ r U .44 D z g 2SOI308R8TEE PVC 2 1/2 X 1 i/3 SBS TEE JIB 47.19 90.00 4.719 •lPsPe . a 0 F Y S o- 1 N m ppq man in lop 0 �y m Y11V�. O O �{ m - AP6ttICJ0EA9kBnHAf BB�IAtA OM1Pi{y7119EPNCO{ICIB. it 4 N Pop p +awxsrera:MOSUMMCpFpJ uD.NLUA FUFtSA e70SEC bnNa Np, suerau� i "'MMM Fp[c�n o �xorEwaw+�n.�uareEt+nw�u+rlOSEcnadae2x � f �E& z I n _xs —m. IP TAX �T 151 5 g.aa 691 k"P� 9$OMftA. tames ocrxE-a.gla..ma..w h-,•nn..�wnew.x. y __ + .,ti TOTAL . o z3 a1 •> t a•c..• _ Tf liR'n•Yvs. •fi � 1HIMlMAMMYIYTR.]YMITIS Yif V'.S.DR Y/I.l YJtftTM �umn n rirt & %WFFLY INC. INVOICE PO,BOX 9061 = WEM Q OM4"44 . 1AQEG CA 91360-5051 Ea aoeEEx asEmear 'A �� 1301418 1758' E PAGE 1 1 KATO LANDSCAPING INC rrlyvl H o 1$!82 BBSHARQ STREET I EXIT HRY 74 IN SAN JUAN CRPIST c x.DJ(]y 12/21/05 Q , FOUNTAIN VALIEy CA 92708 P $0 TO CHEVERON AND CALL w� T RATE M-309-1015 z 0 R'EII� Oe d 12/21lOS ' 2/21/05 AVEH76A P A IDA gag OT 27960/00 07 HET 10TH v ilBi .DBBM�B� DAN m S1 l]BfNM OIBC IAR r� SDS RR230CL315 8H PIP£ 2 1/2 CL 315 84:Emm w °D 'LCO -irb41" 1.340 6HJsi. co 20 v 2008CH$0 2 SCROD PVC PIPE tip Ley- S Oq%l 1.094 "! 20 1506CH$0 1 1!2 SCH80 PUC PIPE ] •7� 3 �� .770 }• 20 1O08CH80 1 SCH$0 PVC PIPE1to . �•rE� f .'� r^ E .465 y :nma&wmm z o rz z 10DPF6 6 R@ 100PE8 PLASTIC VAL v VE a. � 83.00 55.00 37.3$0 c is PR8D 28PRS DIAL/PIES CAITRID6E ~ z y .d�' 64.25 35.00 2$.913 0 E-- 3 3 436RE@AR R 4 REB AR STAKE 36" �� p 1.93 DO 1,950 00 RS 44H 3 3 44NP P HDR-POTABLE fWACL N a 107.00 55.00 48.158 ,Qq JobMs m ACL Cob , 0 m S 6 1000STR90 BRASS 1" STREET 90 E6ploUl* 7$$�• t4.8525.00 3.638 .00 N �a � � v - 11th m REOUBW i41 UiiAIN+WOPBtA70R LD.lilfldBBR MEy91uMi0&EE910N EM20F 9UB T6rAl 'z _ _ro * CONTINUED • ti FaT% TAX m �LEC.EQ y�Kt+tE—Gr+b.tr+GGR.ud.4mak (� �,� .P KGMw d GfBiISAtlI(yl•PGYYMGNIWKI�{ITA"p<n1'FMN(#II M.PfFHM r-r .. TML N �1YItTi1 Pict � ,urrLT Ing. - REMITTO• xna wa asra�i BOX 5061 • WESTWE VILLAQF,CA 91350-5051 (W 4W-W44 • (618)689-2688 1501418 1768 a Q' PAGE N i S w TO LANDSCAPING INC j EXIT HNY 74 IH SRN ZUAR CAPIST 12/21/05 0 8182 SUSHRRD STREET Gcv" P 60 TO CHEVERON AND CALL OUNTAIN VALLEY CA 92708 yGT94'a T NATE 714-309-1015 0 O � .loewwe 1A ISICK mw" OT MET IOTHrn N m MdK . 10lNIR�1 000FAqWN SIfPPID U8I PNCF CHE um "Sporn . MIT �a-e m m co rn 'A cal tl' c.e rn r V 1 1 2309UNION BRASS 2 1/2 UNION 0 4 .00 80.340 .00 U c]o z i 1 25040MIP 22486 2 1/2 X 4 NIPPLE 0 30.924 0.00 15.450 .00 1 23012$80NIP SCN 80 NIPPLE 2 1/2 X 12 0 12.99 70 0 3.897 .00 r� z 4 4 2008790880 PVC 2 ST 90 ELL SCH 80 0 64.86 00 25.944 .00 w . m s 9 h o 2 U2020T - - 0E-- <a 7 U1500T KBI U-1500-T SCH 80 TT UNION 17.56 35.00 11.414 ;.3&- o.. 6 U1000T KBI U-1000-T SCH 80 TT UNION 2 if 8.30 35.00 5.395 38.37. M 'LAW 0 21 10 1503980HIP SCH 80 RIPPLE 1 1/2 X 3 Li --kr 1.80 70.00 .540 994 . m o - 0 N ,1PNi1L�EA WOl9N ypaHRM*QUEtMGO M m li6ltl�M91Qy1�HW19B�11N0EWNC9�103fEU8EdFPe51fp0EC04FAFO GYM I1M1OMf. SIlB TOTAL cl, ni cAu of aroioPsaaTPw,warFxAroaw.xu PvuisuwrTasFcmHP�oF * CONTINUED * . [� TAX o FBK[110. N .,. {.pWI4a01QCF ALE—CY..blw.RwaRA nW df1.M aAdwzyi TOTAL C.Q FFI �„�. IHIYSAWGlYf1RkYS![IWN.:f LV A'IIUVY.YfIPS Ytf1NN' '-j��'S•Sl••,�J4) O .A N MfTh PIM a :urrLT M u. M3051 • WEBTWOALAGF4CA21356-5051 xNacfw aeras+ o M 406 74d a (814809-2M 1501418 1768 N S PAGE �� N 0. TO LANDSCAPING INC H EXIT HWY 74 IR SAN JUAN CAPIST 12/21/05 o 9182 BUBMBRD STREET xt¢A p GO TO CHEVEBON AND CALL FOUNTAIN VALLEY CA 92708 T NOTE 714-309-1015 0 - 0 z N 2/ 1/05 A kIDA PLRCIDA 838 OT 27960JD0 07 NET IOTA vUlu m IIBA4RRBIBX ORDCIIRIRMI arm LM Alm -Dw 1"FICO NOT m `n q ea d 7 150FAS96 PVC 1 1/2 FEMALE ADOPTER SCH 80 2 53.61 60.00 21.444 460,E wrn 6 100FASSO PVC 1 FEMALE ADAPTER SCH 80 'f 26.94 60.00 10.776 -64.68 U � a 1 1 ESP24MC RB ESP-24NC CONTROLLER 0 1545.00 55.00 695.250 .00 r V' 1 1 250758 NATCO 2 1/2 759 TH FULL PORT BY 0 32.912 .40 y z z 16 14191* 1419 RECLAIMED WATER VALVE SOX 4.1 T4s 44.04 50.00 22.020 -902.ar ev som o. z u"i isn�Q ip'$Ho � a 75-00 14UF25008LK HIRE 14UF-BLACK 2500' REEL ;6r0'1f .19 70.00 .057 4241rW � 7.00 11.40 { c7 o 2500 14UF2500NHT WIRE 14UF-WHITE 2500' REEL .19 70.00 .057 4+42:34 3 F X � n a 1.a1 m 10 25OSS90 PVC 2 .112 SS 90 2. 10" 35.36 90.94 3.536 ?Prs'36' o 10 2505SCOUP PVC 2 1/2 SS COUP 2. 15.35 90.00 1.535 a N AISII�EAei�1.6A1YSB�iPo400N MPDCME USEM78, m WB�OIWDAgM�iVB@IIMOEWX0911uSeaP 1W'tnePFBmCEooY61EC8ttLY4CNOSE. SUBTOTAL N , wamm m "BUMM LA.NWMPLM=WT0SeGTM 602 OF cunmommiz * CONTINUED z<c roolula _vee —?D TAX 1� a oras+E-a:.aaoi.s.�aew..onmmw+aw r„ _ _ tt7TAL o 1� .W16lIMlCGW/mKNlRi1FN�l I4/.MI'48l£MI MM!iilFM L� GM, P n- mii rtru. a %avrrf6v uw, _., ,.. 10.BOX 5051 • WE8 I M'VILLAGE,CA 01359.5057 N�no6 wo °e'«8,. (808)498-6744 • (al 8)Bes'25®1 LSO]418 1768 S PAGE i � I w LOUNTNIN APING INC i1 EXIT HNY 74 IN SAN JUAN CAP]ST 12/21/05 c RD STREET p SD TO CNEVEROH AND CALL LLEY CA 92709 T HATE 714-309-1015 c 0 z t-. 00 /0 ANIDA PLACIDA T 27960/0 07 MET 16TH Frac rtaiN RRRtrrroN MOM 11STPME Duc MAGE 1ET 6� 31 060006466 m 9 3 25020066STEE PVC 2 1/2 X 2 SSS TEE 0 47. 19 90.00 4.719 .00 v 8 8 2501506SSTEE PVC 2 L/2 X 1 1/2 SSS TEE 0 47.19 90.00 4.719 .00 i0 7 250100SSSTEE PVC 2 1/2 X 1 SSS TEE Zw 47,19 90.00 4.719 9.18.15 r .e� y 10 100ST40 PVC f ST 90' 7. 5,21 90.00 .521 -S.26. z t or P790 Y-lv- .b G] 9 IDTA62 STD 10 TAD ODUBLE-SIDE, PRINTED 0 3.08 .00 5.080 .OD 1 2 " 2CPS - APOBIO EAOSE6WAWW46MPAIDONAPPLKABISPAOOULTe. NOVWMMEWXMF MMMWE TMUWOFrEncl OGVB gYIMNvo>C:F- WBTOTAL 'EItlpWO11�9giWA8N EmaAT0nONs.0MffM AN OPEWQ0611D.NUMBER PLMANTTO SECION 66124E T -aNuwrAUOEa6 —1► _yM —NO TAX J9.1--Ml � ' PNYrM ' i ffaue—o.e.n�W.aanN.w.�e s.nn•r�Y $ %7- 51 ~ I .N0. mNs�Nomw.ncs�rurom.4mlrwronacrnaaxsvr \�i�i"Yf. '• TOTAL �� .p 1 i - 11 v , 114 101 1 +'Lo ti• 44 r � r r • r , 1 1 1 � 1 • 11 y � � .b i aR r •. r7 � \ - �1 � .r r 1 01/23/2006 NON 18;17 FAI 949 367 9968 L T ENGINEERING INC, 2035/042 L8'fi90's $ saav'nos and ISOD 1vAoA 20,91 $ do NiDw%9l MOL $ (6b19Ztii aolonu2 dog 2,414M)a} awog p}ulod ££'6Z $ (bit£Ib1 aolonul dog 24.lyM)sroyauv+p uivgo 00'401 $ 00'407 1 adid;na o4 awia s,oluayrayy OL'62 $ do)ijow%9I 00'867 $ 00'861 $ flava I (Alddng NasrlH)adld OULU $ 05'89 $ sdnoq Z awll s,daaogol 00'009 $ 00'9Z7 $ sanoy q �ana�/M awls,s,4owaJod al.oa Pwa=:)DV Jo}sWo1108 1111 E.COMMONWEALTH AVE. SUITE D - At— IMM SPROGDA&B . • -- — ,—.� FULLETO RN, CA 92831HURMNGYON'BEACH, CA 926" Q (714)RI-3= 80ii82laMffi �Z�i/ /O LICENSE 2B518A8 DATE i RAY 11y+G . �a /lam �/i /q8 rcrz. To THE 'DOLLARS ORDER Of N075.1v� '81,6D0.60' '. 000030L9us I: & 22238200': 03SO242300 v EAi1TH CONSTRUCTION&MINING 11 ti E.CO?A4'.ONWEALTH AVE. SUITE D FULLERT.ON. CA 92831 Ne 3 019 - PLEASE DETACH AND.RETAIN.THIS STATEMENT•ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE. 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X040/042 5 t 2 i 1 j i 96'9LS'I $ yso0 104-o1 do M iow 18*9 $ xa} £6'L8 $ ICU $ sllod £ salppaM moos 00'005 $ 00'821 $ srnoy b 'Jolruado/m 081 11 00'89b $ OS'89 $ sinoy 8 sjojogol 00'008 $ W01 $ sinoy y xanj4/m uawaao= 900?/?S/I poaa M:):)V oo w.lea PUDS2IPPDM Ilolsul 01/23/2006 MON 18:18 FAI 949 367 9968 L T RNCIMERINC INC, 9041/042 ONOIIION00 ONV 8WH91 HOd 3018 99MMU 336 3610MYNOY311 )1001S NON NO SBONVNOX3 00 SONOd3H ON 911.4 FO ddoo oinisuBgs N $g'I7[Vlfy :dg prnlvonb i d OOIW00 90 a 0 Z Nv r aW d"" u^� i 5S �, 55'434 9014WNI TVwl MUM TV101 95'z4 OSL'L l TdJAl s8'L9; SS IV= ler'e9 E 1011 ;s'st 8 PION ba9Id lAtltlu Boli! .56Xn6 566sa05L9t Or, 195'66 8 9tle LO's S INM33 ON"I1Od II/I 3d&L 9l Vs VeruadssV OI own HbS 5359 IIVO 'IlIM:O I 90/3;/4 5E008so So/&q o VCcMi S ;AH NHIlVS TIN OISE [V61-L ,LQISM vNNoa -AH QW [ s 100 �10Yd SOZS #Hof nn000-uuro SLM Ya OK"J.SIAYJ NVIIf NYS LLMS VO 'IRWIN YN]OYT . YSHTOO RAY/YdVXUM ES# '(a slawol 109LZ HIYdau SAITs valo Id 3AY DNI ONKIYAYMM IT :Ol dIHS 00006661 101 OTOS eN�s :Aaallaaal eesa-eaooe VO 'S3l3Dw SOI �..— SWO Id3O �- A•IddnS 'IDM do 31IHM :Ol lIN3N A7dd6S N@LL.7I7Y1SN0.7 SL9Z6 VD ONVUSI NVAf NVS bV6•£6r 6vd ONYB.I.SIdtlJ ON[YiYJ S90CE0£E ATdans 'IsNOJ dvD 311M 01/23/2006 ION 18;18 F9 949 367 9968 L T ENGINEERING INC, [�042J042 a •oasis o;ssa000 Jq poomAid}o u maa.i puo do Bald sapnloui 'dwnd 4o udn;au pup do slid sopnloui 00'688 $ 00'i+01 $ 00'401 $ sdnoy 1 :?lucrg2M 00'989 $ 09'89 $ sono4 OT sua.iogol 00'091 $ 00'091 $ ADP 1 dwnd 90/9Z/1 Pup 900Z/61/1 saloH IWOMPPY MO pup utsp8 6uµllss0 ulpud RESOLUTION NO. 06-02-21- of A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE AVENIDA PLACIDA LANDSLIDE DEBRIS REMOVAL (EARTH CONSTRUCTION AND MINING) WHEREAS, on the 26"' day of September, 2005, the City of San Juan Capistrano entered into a contract with Earth Construction and Mining for the Avenida Placida Landslide Debris Removal project; and, WHEREAS, the Engineer of Record has evaluated the final quantities and cost figures and recommends approval per its letter dated January 30, 2006; 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$1,442,198. 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 21St day of February 2006. DAVID M. S E DLIN, MAYOR ATTEST: AR ARET R. MONAHAN, CITY CLERK SP Page 1 of 1 02-21-2006 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. 06-02-21-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 21 sc day of February 2006, by the following vote: AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato and Mayor Swerdlin NOES: COUNCIL MEMBER: None ABSENT: COUNCI MEMBER: None AR RET R. MONAHAN, City Clerk a R 06-02-21-01 02-21-06 [_+� • • 2/21/2006 AGENDA REPORT D5 TO: Dave Adams, City Manage FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Notice of Completion for the Avenida Placida Landslide Debris Removal (Earth Construction and Mining) (Avenida Placida) RECOMMENDATION: By Motion, 1. Adopt a Resolution declaring the work complete for the Avenida Placida Landslide Debris Removal; and, 2. Direct the City Clerk to record the Notice of Completion; and, 3. Authorize staff to release the retention 35 days after recordation. SITUATION: In early June 2005, an ancient landslide, known as the Avenida Placida Landslide was re-activated. The landslide is located west of the San Juan Hills Estates residential development, just above Avenida Placida. According to the City's Geotechnical Engineer, Lawson and Associates Geotechnical Consulting (LGC), the re-activation of the landslide was due to the heavy rains experienced by Southern California during the declared Federal Emergency Management Agency (FEMA) DR-1585 event. This event occurred during the period of February 16 to 23, 2005. Debris from the landslide impacted an existing detention basin within the San Juan Hills Estates development. LGC recommended that measures be taken to immediately remove the landslide debris from the detention basin and re-grade the impacted area. Staff proceeded under an emergency basis to prepare grading plans, solicit bids, and award a construction contract for the removal of the landslide debris. On September 26, 2005, the City Manager, under delegated authority from the City Council executed a construction contract with Earth Construction and Mining (ECM) for a total of $1,443,500. RBF Consulting, Inc., the project engineer, has declared the contract work to be complete (Attachment 1). Staff has prepared the requisite Notice of Completion (Attachment 2) and Resolution (Attachment 3) and recommends final acceptance of the contract. Agenda Report • • February 21, 2006 Page 2 The Avenida Placida Landslide also impacted existing domestic water facilities at the Krum Reservoir site. The work to stabilize these facilities is on going and is expected to be completed in late June 2006. Upon completion, staff shall present the acceptance of this work to the City Council for consideration. The work associated with the Avenida Placida Landslide has been previously reviewed in accordance with the California Environmental Quality Act (CEQA) of 1970. Staff has determined that the proposed mitigation measures constitute an "emergency project" under the provisions of Section 15269 of the CEQA Guidelines. Required permits from the U.S. Fish and Wildlife, California Department of Fish and Game, Army Corps of Engineers, and Regional Water Quality Control Board were obtained prior to the start of any construction work. As part of the permit provisions, the City is required to restore up to 7 acres of native habitat. Staff is working with the aforementioned resource agencies to finalize the restoration plans. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The original construction contract cost with ECM was $1,443,500. One change order for a credit of $11,302 was issued by the City. ECM's final construction contract cost is therefore $1,442,198. The total final cost for the landslide debris removal including construction, construction management, and engineering and inspection services is approximately $1.7 Million. In September 2005, The City council appropriated $3.5 Million from the General Fund Reserve for expenditures associated with the Avenida Placida Landslide. Staff is seeking FEMA reimbursement for expenditures associated with the Avenida Placida Landslide on the basis that the landslide is considered an emergency and a threat to public property and infrastructure. Please see Attachment 4 for the FEMA Project Worksheet submittal and most recent correspondence. NOTIFICATION: Earth Construction and Mining Agenda Report • February 21, 2006 Page 3 RECOMMENDATION: By Motion, 1. Adopt a Resolution declaring the work complete for the Avenida Placida Landslide Debris Removal; and, 2. Direct the City Clerk to record the Notice of Completion; and, 3. Authorize staff to release the retention 35 days after recordation. Respectfully submitted, Prepared by, Amy Am rani jenioCiv Public Works Director gi eerAttachments: 1. Statement of Completion from Enginee 2. Notice of Completion 3. Resolution 4. FEMA Correspondence 5. Location Map MF■ CONSULTING January 30, 2006 JN 10-104476 CITY OF SAN JUAN CAPISTRANO Public Works 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Peter Salgado j 1 Subject: Civil Engineer's Acceptance of Rough Grading Project: "Lower Landslide' -Avenida Placida I certify to the satisfactory completion of rough grading, of the above-referenced project, including to approximate final elevations: cut and fill slopes correctly graded and located in accordance with the approved design:swales and terraces graded and berms installed as I shown on the Rough Grading Plan dated 9/7/05. There were two deviations from the plan and found acceptable. One was that the landslide catchment bench, above the southerly detention basin,was graded approximately 10 to 12 feet higher in elevation than as shown on the Rough Grading Plan. The soils engineer approved this revision. The second was that the downdrain on the slope at the northerly detention basin was built out of concrete versus riprap. This was revision was approved by the City. FABIO ESCOBAR, JR, RCE No. 45662 Expiration: 12/31/06 C: Bill Seitz, RBF Consulting H:IPDATAI1o104476kAdminlcomespndneXAP Lower LS Grading Accephance.doc ATTACHMENT 1 PLANNANM M -DESIGN IN CONSTi7p CTt&N - -' 14725 Alton Parkway,Irvine,CA 92618-2027 0 PO.Box 57057, Irvine,CA 92619,-7057 ■ 949,472.3505 • Fax 949.472.8373 Offices located throughout California,Arizona&Nevada 0 www RBFconn onmw a,re�ba scar RECORDING REQUESTED 6 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 Earth Construction and Mining, 1111 E. Commonwealth Ave. #D, Fullerton, CA 92831 for the Avenida Placida Landslide Debris Removal. That said work was completed on January 13, 2006, 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 21St day of February, 2006, by Resolution No. 06-02-21. That upon said contract, the Contractors Bonding and Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this _day of , 2006. 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 2006. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT 2 RESOLUTION NO. 06-02-21 A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE AVENIDA PLACIDA LANDSLIDE DEBRIS REMOVAL (EARTH CONSTRUCTION AND MINING) WHEREAS, on the 26`h day of September, 2005, the City of San Juan Capistrano entered into a contract with Earth Construction and Mining for the Avenida Placida Landslide Debris Removal project; and, WHEREAS, the Engineer of Record has evaluated the final quantities and cost figures and recommends approval per its letter dated January 30, 2006; 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 $1,442,198. 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 _day of , 2006. DAVID M. SWERDLIN, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK ATTACHMENT 3 PRiJECT WORKSHEET REPOR DECLARATION NO.FEMA-CA-DR1585 REPARED DATE 12/09/2005 FIPS NO. 059-68028-00 REPORT DATE 01/06/2006 12:46 APPLICANT NAME SAN JUAN CAPISTRANO, CITY OF INF TYPE INF SUBDIVISION NON-INF FEMA PW# 848 VSN 0 REF# SJC 1 REC CATEGORY B. Protective Measures COUNTY ORANGE FUNDING OPTION COST SHARE0.75 STD PROJECT NO. PROJECT TITLE AVE PLACIDA LANDSLIDE&KRUM RESERVOIR PIPELINE REHAB PROJECTED CMPLTN DT 10/14/2005 ACTUAL CMPLTN DT WORK COMPLETE AS OF 12/09/2005 25 ELIGIBILITY Yes AMOUNT ELIG$4,145,930,51 FEDERAL SHARE S3,109,447.88 PRIORITY Normal BEGIN DESIGN DT BEGIN CONSTR DT PW REVIEWER DATA REVIEWER NAME DATE END DESIGN DT END CONSTR DT INITIAL REVIEW PREPARER SEIBERT,T FINAL REVIEW ROLE PO DATA SOURCE Paper STATE MT PROP Yes No VALIDATED Yes No DATE OBLGTD PACKAGE DATE PNP QUESTIONS Yes No STATE RVWO Yes No PACKAGE ID ATTACH Yes No Does the Scope of Work change the pre-disaster conditions at the site? 0 Yes No Unsure Special Considerations issues included? 0 Yes No Unsure Is there insurance coverage on this facility? Yes No Unsure Hazard Mitigation proposal included? Yes No Unsure ATTACHMENT 4 Page 1 of 7 STATE QF CALIFORNIA ARNOLD SCHWARZENEGGER,Governor GOV OR'S OFFICE OF EMERGENCY S ICES O E S RESPONSE AND RECOVERY DIVISION �* RECOVERY BRANCH,PUBLIC ASSISTANCE SECTION • .�, 3650 SCHRIEVER AVENUE JAN 9 MATHER,CALIFORNIA 95655 2006 ce,a„�sc�morar PHONE: (916)845-8200 FAX: (916)845-8387 January 6, 2005 Mr. David F. Adams City Manager , City of San Juan Capistrano 32400 Paseo Adelanto A-U5 San Juan Capistrano, California 92675 Dear Mr. Adams: SUBJECT: - AVENIDA PLACIDA LANDSLIDE IS ATTRIBUTED TO DR-1585 EVENT FEMA-1585-DR, FEBRUARY 2005 FLOODS OES ID: 059-68028 FEMA ID: 059-68028-00 SUBGRANTEE: CITY OF SAN JUAN CAPISTRANO OES LOG: 113928.2 FEMA LOG: NONE On December 20, 2005, the Governor's Office of Emergency Services (OES) received the enclosed letter dated December 8, 2005, from the Federal Emergency Management Agency (FEMA). The purpose of the letter was to advise OES and the city of San Juan Capistrano (city) that FEMA concluded that the Avenida Placida landslide in June 2005 is attributable to the cumulative rains, and will be attributed to the FEMA-1585-DR event. Under that declaration, the city may request Public Assistance for debris removal and emergency protective measures. However, the documentation provided by the city's consultant, Lawson and Associates Geotechnical Consulting (LGC) indicates that Avenida Placida is an ancient slide; therefore, the city would be responsible for stabilizing the site before they would be eligible for permanent restoration of damaged facilities, in accordance with FEMA's Response and Recovery Policy 9524.2. If you require additional information related to this correspondence, please contact Mr. Charles Rabamad, Program Manager, at (916) 845-8205 or Ms. Pamela Rarick, Area Analyst, at (916) 845-8239. Sincerely, LARRY MILLER Public Assistance Officer Enclosure ;SAN 0 9 2006 • Department of Homeland Security I l Broadway, Suite 1200 Oakland, CA 94607-4052 A 6; FEMA '`�:+Ho sE�J DEC 0 s 7�n� Mr. Paul Jacks �� Governor's Authorized Representative Governor's Office of Emergency Services Response and Recovery Division 3650 Schriever Avenue Mather, California 95655 Dear Mr. Jacks: This is in response to your September 23, 2005, letter to Mr. David Fukutomi, forwarding and supporting a request from the City of San Juan Capistrano that the Avenida Placida landslide be attributed to the rains that fell during the incident period for FEMA-1585-DR. Along with the letter, you transmitted technical data from the City's consultant, Lawson and Associates Geotechnical Consulting (LGC), regarding the geology of the site and the timing of the landslide. I apologize for the delay in our response. Mr. Fukutomi's April 28, 2005, letter to you identified specific technical information that would be necessary to determine whether landslides occurring after the incident periods for the recently declared disasters (FEMA-1577-DR and FEMA-1585-DR) could be attributed to those disasters. I have reviewed the data submitted by LGC in light of the outlined criteria, and I also requested our Landslide Response Task Force to conduct additional calculations to confirm LGC's conclusions. Based on this evaluation, I have concluded that the landslide can be attributed to the cumulative rains of 2005. In its report, LGC suggested that the depth of the slide and the geologic materials are consistent with the time delay between the rainfall that penetrated the slope and the eventual slope failure. LGC reported that "it is our opinion that landslide occurred as a result of the intense regional rainfall that occurred during February and March of 2005." The Landslide Response Task Force reviewed the report and confirmed that the geologic conditions and the rainfall during the incident period support the conclusions reached by LGC. Consequently, I have concluded that, absent evidence of any other triggering factor, the Avenida Placida landslide in June 2005 is attributable to the cumulative rains, and will be attributed to the FEMA-1585-DR event. Under that declaration, the City of San Juan Capistrano may request Public Assistance for debris removal and emergency protective measures. However, the available documentation indicates that Avenida Placida is an ancient slide; therefore, the City would be responsible for stabilizing the site before they would be eligible for permanent restoration of damaged facilities, in accordance with Response and Recovery Policy 9524.2. www.fema.eov Mr. Paul Jacks Request from the City of San Juan Capistrano Avenida Placida landslide, FEMA-1585-DR Page 2 I appreciate the efforts on the part of the City of San Juan Capistrano and your staff to provide the information necessary to make this determination. If you have any questions or concerns, please do not hesitate to contact me at(510) 627-7250; or your staff may contact John Christensen at (510) 627-7297. Sincerely, / Nancy Ward j Disaster Recovery Manager C 0 1OG5 FEMA-1577-DR and 1585-DR { 1 THE CITY OF SAN JUAN CAPISTRANO ol nr l b r ''b �Y ��✓ Jar �4 �=- 2 Project Site y J DEL Ll a _ .,r`' ia - ' of MR r' `l �� r:�°,mak',",'y�'�', •�'�.. ..""�'- �i°.t�"~'� 0 3000 6000 9000 Feet ATTACHMENT 5 32400 PASEO ADELANTO �% L� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 ii EVATO (949)493-1171 /y` -- (949)493-1053 FAX fy m[OAVOAATFo DIANE DIANE BATHGATE VVV tnneuSAFo 1961 MATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN NOTIFICATION OF ME POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on February 21, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Notice of Completion for the Avenida Placida Landslide Debris Removal (Earth Construction and Mining) (Avendia Placida)" — Item No. D5. 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 the City Clerk's office by 5:00 p.m. on Monday, February 20, 2006 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) 443-6366 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanmuancapistrano.oro. 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(@sanivancapistrano.oro. Meg Monahan,CMC City Clerk cc: Earth Construction and Mining; Peter Salgado, Senior Civil Engineer ' Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future �, Printed on recycled paper 32400 PASEO ADELANTO �', MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i (949)493-1171 /,,¢' — SAM ALLEVATO (949)493-1053 FAX j:Y mta APORITED DIANE BATHGATE ISTABIISARD 1961 WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • DAVID M.SWERDLIN February 24, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On February 21, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Notice of Completion for the Avenida Placida Landslide Debris Removal (Earth Construction and Mining) (Avendia Placida)" Item No. D5. The following action was taken at the meeting: Resolution No. 06-02-21-01 adopted declaring the work complete for the Avenida Placida Landslide Debris Removal; the City Clerk directed to process recording of the Notice of Completion; and staff authorized to release the retention 35 days after recordation. If you have any questions regarding this action, please contact Peter Salgado, Senior Civil Engineer at 443-6366 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Enclosed: Cc: Earth Construction and Mining; Peter Salgado, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future ill Printed on recycled paper t:GO ; o Pr 32400 PASEO ADELANTO � � J,® A MEMBERS OF THE CfIV COUNCIL SAN JUAN CAPISTRANO,CA 92675 %i IL6fl7 ILWd 1'< ulFl DVATO (949)4931171 DIANE BATHGA TE (949)493-1053 FAX lSTAIMNU I, 1961 WVATf HART www.sanjuancapistrano.org 1776 JOESOTO • • DAVID M.SWERDLIN March 16, 2006 ''-,Earth Construction and Mining 1111 E. Commonwealth Ave. #D Fullerton, CA 92831 Attention: Chuck Poss Re: Avenida Placida Landslide Dear Mr. Poss: At their meeting of January 17, 2006, the City Council of the City of San Juan Capistrano adopted Resolution 06-01-17-04 accepting the work as completed for the Avenida Placida Landslide. 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 February 28, 2006; therefore,the final payment in the amount of$144,219.79 may be released on April 4, 2006. I u rqnplease do not hesitate to call. V Deputy cc: Pior Civil Engineer K , cting Public Works Director Dottie Shaw, Accounting Clerk San Juan Capistrano: Preserving the Past to Enhance the Future �, Printed on recycled paper • VWft 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /i IL/71� (949)493-1171 /,fs SAME BATHTO JJ IAtORIORRim DIANE BATHGATE (949)493-1053 FAX EANItlR(6 I 1961 WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN February 22, 2006 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Notice of Completion — Earth Construction & Mining SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: Notice for Completion for the Avenida Placida Landslide Debris Removal When placed of record, please return the recorded document to this office. Thank you for your assistance. Very truly yours F U.S. Postal Servicen. CERTIFIED MAIL,. RECEIPT gp onahan m (Domestic Mail Only;No Insurance Coverage pIrarlded) `O NMI .1 RIMMIRF algado, Senior Civil Engineer, Amy Er Postage $ M O Certified Fee O p Rehm Reciept Fee Postmark (Endorsement Required) Hare O ReshicRed Delivery Fee tri (Endp=n Requlred) M a d� Total Postage&Fees ,p S C3 ant o 0 Street'Apt or FO Box No. PS Form :r a San Juan Capistrano: Preserving the Past to Enhance the Future iJ Printed on recycled paper RECORDING REQUESTED B° 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 Earth Construction and Mining, 1111 E. Commonwealth Ave. #D, Fullerton, CA 92831 for the Avenida Placida Landslide Debris Removal. That said work was completed on January 13, 2006, 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 215` day of February, 2006, by Resolution No. 06-02-21-01. That upon said contract, the Contractors Bonding and Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this2 nd day of Febr, ar 06. ar r t R. Monahan, City Clerk City of an 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 the 22nd day-of-February 2006. !ty r ret R. Monahan, City Clerk f San Juan Capistrano 32400 PASEO ADELANTO v �� J MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)493-1171 mtAYVCAAifY DIANE BATHGATE (949)493-1053 FAx fS1Al11SYf1 1 1961 WVATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SW RDLIN September 27 2005 Mr. Chuck Poss Earth Construction and Mining 111 E. Commonwealth Ave #D Fullerton, CA 92831 Dear Mr. Poss: A fully executed, original Construction Contract related to the Avenida Placida Lower Landslide is enclosed for your records. , Thank you for forwarding documentation confirming current compliance with the terms of insurance and bonding under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. Peter Salgado, Senior Civil Engineer (949) 443-6366 will forward a Notice to Proceed under separate cover. Please coordinate all work under this agreement with him. t an, CMC Salgado, Senior Civil Engineer Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future t.� Prmtetl on racvcletl Paper * }J11111AM • 32400 PASEOISTRAN TO � a MEMBERS OF THE CITY COUNCIL SAN JUAN-1171 RANO,GA 92675 (949)493-117] SAM ALLEVATO (949)493-1053 FAX f,J iR[RRVRRPieP DIANE BATHGATE www sanjuancapi.strano.arg - F1776PP OE JSOT 1961 ART OE OTO DAVID M.SWERDLIN September 27, 2005 Mr. Charles W. Poss III Earth Construction and Mining 1111 E. Commonwealth Ave. # D Fullerton, CA 92831 Re: Notice to Proceed —Avenida Placida Lower Landslide Repair Dear Mr. Poss: You are hereby notified to commence work on the subject project effective October 3, 2005. As outlined in your Construction Contract with the City of San Juan Capistrano dated, September 26, 2005, the work shall be completed within 60 consecutive calendar days from the effective date of the notice to proceed. Your contract completion date is December 2, 2005. The Construction Contract provides for an assessment of the sum of $500 per day as liquidated damages for each consecutive calendar day after December 2, 2005 that the work remains incomplete. 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, P er alg d e for Civi gine r Amy A Irani, Public Works Director Eric Bauman, Water Engineering Manager ,ti�gfilb/f1, City Clerk Jerome Ruddins, RBF Consulting, Inc. Acknowledgement: Earth Construction and Mining Date San Juan Capistrano: Preserving the Past to Enhance the Future •..1 Printed on recvcletl baoer