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1994-1209_PACIFIC WEST LANDSCAPING_Contract0 RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO n ERNMENT CO SECTION 6103 Cheryl Johnso ity t Jerk San Juan Capistrano, CA 4R DCC # 95-4153522 13—APR-1995 09:24 AM Recorded in Official Records of Orange County, California Gary L. Granville, Clerk -Recorder Page 1 of I Fees: f 0.00 Tax: $ 0.00 NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Pacific West Bobcat and Hauling, P. O. Box 6126, Laguna Niguel, California 92607, for the performance of the following work: Installation of the Rosenbaum Storm Drain Capital Improvement Project No. 139, Located on Rosenbaum Road/Trabuco Creek Road 300' East of Rancho Viejo Road That said work was completed on January 13, 1995, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Aden° S Juan Capistrano, California 92675, at a regular meeting thereof held on the 4th day of April, 1995, by Resolution No. ' F That upon said contract, American Motorists Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 64- day of 1995. Cheryl Johnson, ' Cl City of San Iuan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, 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 is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this day of 1995. Cheryl Johnson, Cd Cler City of San Juan Capistrano 0 0 •stet-,, This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and Pacific West Landscaping hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction- 1991 Fdition including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Rosenbaum Storm Drain in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Engineer, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. Said bid proposal and addendum dated December 5, 1994 total $40,275.00. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin work on December 13, 1994 and complete work by January 13, 1995. It is agreed that it would be impractible and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, 0 0 CONTRACTOR shall pay CITY, as liquidated damages, not in the natrue of a penalty, Two Hundred Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PFRFO MAN BOND -AND LABOR AND MATE&AL3=. CONTRACTOR agrees to fiuuish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, zad-13id $entt shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PEV ILIN ATF OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages. as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. 0 0 SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be 0 0 complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. DATED: ,/Z 9 _9 1 City of San Juan Capistrano BY: C i►/L ``. CAROLYN NASH, MAYOR BY: /''' Q ('L COPTVACTOR J JEFF SNYDER PACIFIC WEST LANDSCAPING ATTEST: 707 D AS TO F_jO K. DE TER CI Y ATTORNEY 1-2p 4/FV u April 17, 1995 Pacific West Bobcat and Hauling P. O. Box 6126 Laguna Niguel, California 92607 JMa„ • inioevo�wrto ' �Hn4xm � 1961 1776 I f u i R1 9 1 :� - I Gentlemen: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART OIL JONES CAROLYN NASH DAVID SWERDLIN CRY MANAGER GEORGE SCARBOROUGH At their meeting of April 4, 1995, the City Council of the City of San Juan Capistrano adopted Resolution No. 94-1-1-3, accepting the work completed for the La Novia Erosion Control project in the amount of $56,680.50. A copy of Resolution No. 95-4-4-3 is enclosed for your information. The retention will be payable upon 35 days from recording the Notice of Completion. The Notice was recorded on April 13, 1995; therefore, the final payment, in the amount of $5,668.05, may be released on May 18, 1995. If you have any questions, please do not hesitate to call. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Director of Engineering and Building Tony Foster, Project Manager Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 5. response t• inquiry by Council Member Jones ttarding Huber indicated he would investigate and report back. As set forth in theo the following Resolu 32532 Alipaz Street, A Forster to be complete: on Valle Road, dated April 4, 1995, from)de Engineering and Building Director, was adopted declaring a construction of a drainage system at essor's Parcel Nos. 1-171-46 and 121-171-47, by Thomas A (THOMAS �00�W/�-V PLAN AMENDMENT 88-1) -A RESOLUTION OF CITY CO CIL OF THE CITY OF SAN JUAN CAPI5TRAN0, IFORNIt1, GLARING WORK TO BE COMPLETED TO PLANS AND ECIFICATIONS FOR THE CONSTRUC N OF A DRAINAGL Y MAT 32532 ALIPAZ STREET, JUAN CAPISTRANASS OR PARCEL NOS.121-171 AND 121-171-47) (THOA- FO CHO RV The Reso tion accepted the work as complete and directed the City � to forward a Notice,6f Completion to the County Recorder. Staff was authorized to release the corn onding bond in the amount of $118,800 representing 1000/0 of the City Engineer's estimated cost for the project. - r—� 6. RESOLUTION_ NOTICE OF COMPLETION. AND FINAL REPORT - ROSENBAUM STORM DRAIN_ CAPITAL. IMPROVEMENT PROJECT NO. 139 (PACIFIC WEST BOBCAT AND HAULING) (601030) As set forth in the Report dated April 4, 1995, from the Engitteering and Building Director, the following Resohuion was adopted declaring the installation of the Rosenbattm storm drain to be complete: SOLUTION NO. 95-44-3 COMPLETION STORM DRAIN IMPROVEMENTS - ROSENBAUM STORM DRAIN_ CAPITAL I?WPROVENfENT PROJECT NO. 139 (PACIFIC WEST BOBCAT AND HAULING) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF THE ROSENBAUM STORM DRAIN SYSTEM. CAPITAL IMPROVEMENT PROJECT NO. 139 (PACIFIC WEST BOBCAT AND HAULING) Citv Council Minutm -5- 4/4/95 The Resolution• ted the work as complete in the amot of $56,680.50 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $5,668.05 thirty-five (35) days after recording the Notice of Completion. 7. As set rth in the Report dated April 4, 1995, from the Engin the contr ct for the maintenance/removallinstallation of pave[ was award to the lowest responsible bidder, Orange County one-year p 'od beginning July 1, 1994, and ending June provided for utomatic contract renewals for two one -y rejected. The yor and City Clerk were authorized to ex u City. Q As set forth in the Rep Depiction Program pro past restaurants and inns was Depiction Program had December 13, 1994, a As set forth in the 1 plaque proposed for platform was ordered Grass with alow- Program had appt)� 10. tering d Building Director, gent kings within the City 5ping Service, Inc., for the , 1995. The contract also terms. All other bids were the contract on behalf of the jdated April 4, 19 5, from the Planning Director, the Historic Denny'sconsisting of text and photographs of ed rec ' ed and filed The Report noted that the historic appro ed by the Cultural Heritage Commission on t dated Apri14, 19 existing I�istoric Depi xived and filed. Staff w, ring ground cover. The by the Cultural Heritage from the Planning Director, the narrative n Program at the southern rail passenger ed to replace the existing Fountain rt noted that the Historic Depiction ;o 'on on December 13, 1994, As set�rth in the Report dated April 4, 1995, from the Engineering and Building Director, wing the fo Resolution was adopted setting a public hearing for May 2, 1995, regarding the vacati n of an unaccepted Irrevocable Offer of Dedication for Equestrian Path Purposes: City Council Minutes -6- 414193 0 E AGENDA ITEM April 4, 1995 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Resolution, Notice of Completion and Final Report -Rosenbaum Storm Drain, CIP #139, (Pacific West Bobcat and Hauling) RECOMMENDATION By Resolution: 1. Determine that the work for the installation of the Rosenbaum Storm Drain has been completed, and declare the work to be accepted. 2. Direct the City Clerk to forward a Notice of Completion to the County Recorder for recordation. 3. Authorize Staff to release the 10 percent retention in the amount of $5,668.05 thirty- five (35) days after the recordation of the Notice of Completion. SITUATION A. Summary and Recommendation This project consists of the installation of storm drain improvements to alleviate a ponding situation which flooded Rosenbaum Road/Trabuco Creek Road at a point approximately 300' east of Rancho Viejo Road. The construction of this storm drain system has been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council. A Notice of Completion has been prepared and will be forwarded by the City Clerk to the County Recorder. B. Background In August of 1994, Council declared installation of the Rosenbaum Storm Drain to be an Urgency Item and approved a design contract with Robert Bein, William Frost and Associates. Design and permitting was completed in October, however, the adjacent landowner was reluctant to grant the necessary easement and construction was delayed until Decemberl3, 1995. Construction was completed on January 13, 1995. FOR CITY COUNCIL AGEt1 AGENDA ITEM 2. April 4, 1995 COMMISSIONBOARD REVIEW RECOMMENDATIONS This project was conditionally approved by the Environmental Administrator. No other review was required. FINANCIAL CONSIDERATIONS The final cost for work completed by Pacific West is $56,680.50. The City has budgeted $105,000 in account 12-65300-4705-139-000. Funds to cover additional costs have been provided through the mid -year CIP budget approval. A summary of costs for all phases of the project is as follows: Design $ 14,900 Outside Agencies Permits 1,520 Easement Appraisal 412 Easement Payment to Rosenbaum 3,000 Original Construction Contract Amount 34,275 Contract Deductions (3,705) CCO #1 * 6,000 CCO 42** 15,927.50 CCO #3*** 3,705 CCO #4**** 478.00 Archaeological monitoring 3,427 Geotech (soil testing) 1,785 SDG & E power pole stabilization 699.18 Staff administration 16,550 Inspection 500 Total $99,473.68 * Extras due to delay in commencing construction (delay due to obtaining easement) * * Extra work to remove unsuitable material and import suitable fill adjacent to the storm drain trench. * * * Extra due to increased shoulder work. **** Extra bond premium due to increase in contract amount. NOTIFICATI Pacific West Bobcat and Hauling Melvin Rosenbaum Subcontractors per attached notification list 0 AGENDA ITEM 3. ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Request additional information from Staff. RECOMMENDATION By Resolution: 0 April 4, 1995 Determine that the work for the installation of the Rosenbaum Storm Drain has been completed, and declare the work to be accepted. Direct the City Clerk to forward a Notice of Completion to the County Recorder for recordation. Authorize Staff to release the 10 percent retention in the amount of $5,668.05 thirty- five (35) days after the recordation of the Notice of Completion. Respectfully submitted, William M. Huber Director of Engineering and Building Attachments: Location Map Notification List Resolution Notice of Completion Prepared by R. Anhony Foster Engineering Assistant VICINITY MAP _0 0 PROJECT SITE o*' %\\IIIF- Hardy and Harper 630 S. Hathaway Santa Ana, CA 92705 Lou Jones and Associates 1855 W. Katella, No. 325 Orange, CA 92667 Orange County Striping Service Attention: Stephen Heinzen 183 N. Pixley Orange, CA 92668 Rialto Concrete Products P.O. Box 298 Rialto, CA 92377 Richard Webb 24882 Hendon Laguna Hills, CA 0 0 RESOLUTION NO. 95-4-4-3 cuI J 9 V YIN 1 :u I 1:: 1►2 10':0 I 310 W1 ZT01 1 J 19&1•A: ► 1 1► A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF THE ROSENBAUM STORM DRAIN SYSTEM, CAPITAL IMPROVEMENT PROJECT NO. 139 (PACIFIC WEST BOBCAT AND HAULING) WHEREAS, on the 9th day of December, 1994, the City of San Juan Capistrano entered into a contract with Pacific West Bobcat and Hauling, P. O. Box 6126, Laguna Niguel, 92607, for installation of the Rosenbaum Storm Drain, located on Rosenbaum Road/Trabuco Creek Road approximately 300' east of Rancho Viejo Road; and, WHEREAS, the Director of Engineering and Building has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: completed. SECTION 1. That the work required to be performed by said Contractor has been SECTION 2. That the total cost of said work is in the amount of $56,680.50. 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 4th day of April . 1995. CAROLYN NASH, MAYOR ATTEST: TVR :1 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 95-4-4-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 4th day of April 1995, by the following vote: AYES: Council Members Jones, Hart, Campbell, Swerdlin and Mayor Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO ON, ITY CLERK -2- 0 AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakingsprovided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)*************'* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, nay be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, by (OVER) J. S. Kemper, III, Exec. Vice President nmm:a eaueaxe omvume u That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakingsprovided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)*************'* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, nay be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, by (OVER) J. S. Kemper, III, Exec. Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 1-28-98 Irene Klewer, Notary Public 4 "OFFICIAL SEAL" ► 4 Irene Klewer I. 4 Notary Public, State of Illinois ► my Commission Expires 1/26199 ► CERTIFICATION I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated January 1, 1994 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and W. A. Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this DEC - 9 1994 day of , 19 _ ®RP; N.J.Zarada, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Term CALIFORNIA ALL-PURP("E ACKNOWLEDGMENT State of California County Of Orange On DEC - 9 1994 before me, DATE Susan E. Morales, Notary Public NAME. TITLE OF OFFICER • E.G.. 'JANE DOE. NOTARY PUBLIC No. 5907 personally appeared Doug Lane NAME(9) OF SIGNER(S) C personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed --- OFFICIAL SEAL the same in his/her/their authorized `� USAN E. NS MORALES [. ca acit les and that b his/her/their COMMISSION # 98005-1 S p y( ) y ORANGE COUNTY signature(s) on the instrument the person(s), My Comm. Exp. December 6. 1996 or the entity upon behalf of which the wwwwwww person(s) acted, executed the instrument. WITNESS my hand and official seal. _I ..11101� v e _ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm&S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTIY(IES) None American Motorists InsuranceCompany SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Perk CA 91309.7164 Shall. Inure to the bene of any and all persons, companl. And corporation entitled to ill,e claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City In successfully enforcing such obligation, all to be taxed as costs and Included In any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 9th day of DECEMBER 19 94 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED As TO FOR L�=z Z: - 9� CITY ATTORNEY Page 2 - Labor bt Materials Bond PACIFIC WEST BOBCAT AND HAULING PRINCIPAL AMERICAN MOTORISTS INSURANCE COMPANY SURETY sy S 2� DOUG LANE/ATTORNEY-IN-FACT TOTPL P.93 EXECUTED IN TRIPLICATE LABOft. AND MATERIALS OOND KNOW ALL MEN BY THESE PRESENTS: That BOND: #3SM 805 116 00 PREMIUM: Included with the Performance Bond. WHEREAS, the City of San Juan Caplstrano, a municipal corporation of Orange County, California, has awarded to PACIFIC WEST BOBCAT AND HAULING . License No. 577737 hereinafter designated as "Principal", a contract for ROSENBAUM STORM DRAIN IMPROVEMENTS and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of The work contracted to be done, or for any work or labor done thereon of any kind, the Surety or this bond will pay the same. NOW, THEREFORE, we PACIFIC WEST BOBCAT AND HAULING Principal, and AMERICAN MOTORISTS INSURANCE COMPANY � as Surety are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of FORTY THOUSAND TWO HUNDRED SEVENTY-FIVE 6 NO/100ths DOLLARS ($ 40,275.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -Contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance o1 the work Contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unempioyment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 3, Chapter 3 of the Government Code of California as amended, that the Surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond CALIFORNIA ALL-PURP11S ACKNOWLEDGMENT State of California County of Orange On gEC - 9 1994 before me, Susan E. Morales, Notary Public DATE NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC No. 590] personally appeared Doug Lane NAME(S) OF SIGNER(5) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed a -M-------•••••...... the same in his/her/their authorized OFFICIALSEAL capacity(ies), and that by his/her/their SUSAN E. MORALES 2 J NOTARY PUBLIC-CALIFORNIA �_ signature(s) on the instrument the person(s), ;1\3 COMMISSION # 9SM63 ' ORANGECOUNiY c or the entity upon behalf of which the J My Comm. R new ber 6, f 996 r person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) American Motorists Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 9236 Remmet Ave.. P.O. Box 7184 • Canoga Park CA 91309-7194 Z. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, aiteratlon, or modification of the contract documents or of -he worst to be performed thereunder, shall in any way affect Its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 9th day of DECEMBER I9 94 , at ORANGE , California. APPROVED AS TO FORM - City Attorney Page 2 - PERFORMANCE 50NO PACIFIC WEST BOBCAT AND HAULING oil (NOTARIZATION AND SEAL) AMERICAN MOTORISTS INSURANCE COMPANY l DOUG LANE/ATTORNEY—IN—PACT (NOTARIZATION AND SEAL) BOND PREMIUM BASED ON MGUTED IN TRIPLICATE FINAL CONTRACT PRICE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: BOND: #3SM 805 116 00 PREMIUM: #1,208.00 That PACIFIC WEST BOBCAT AND HAULING as Principal, hereinafter called CONTRACTOR, and AMERICAN MOTORISTS INSURANCE COMPAY hereinafter called SURETY, are held and firmly bound unto the City of San Tuan Capistrano, as Obligee, hereinafter called CITY, in the amount of FORTY THOUSAND TWO HUNDRED SEVENTY—FIVE 6 NO/100ths Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executor, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated DECEMBER 1994 . entered into a (describe agreement) CONSTRUCTION OF ROSENBAUM STORM DRAIN IMPROVEMENTS which contract is by reference made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if Principa! shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety wai"s whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costa and included in any judgment rendered. ti ods (3) The Agreement for Consulting Services with RBF & Associates be approved for a not -to - exceed amount of $14,900 for the completion of the design of the Rosenbaum Road Drainage 1O, Cj Improvements by January 1, 1995. The Mayor was authorized to execute the Agreement on behalf of the City. Repoit dated August 2, 1994, from the City Clerk, advisi/thente was introduced at the meeting.,of July 19, 1994, and was scheduled for adopte City Cle read the title of the Ordinance next m oing of all Ordinances had been waived a 'er in the meeting. It was moved byHausdorfer, seconded by Council Member quez, that the following Ordinanc OFFICIALS - AN CALIFORNIA, AA CAPISTRANO MUD EXPAND THE CITAi The motion carried by the foll AYES: Coun NOES: None ABSENT: None COUNCILMANIC ITEMS .' I. RECOMMENDATIb IS FROD HE CITY OF SAN JUAN CAPISTRANO, 1, CHAPTER 5 OF THE SAN JUAN BY REPEALING SECTION 1-5.03 TO C OF CODE ENFORCEMENT OFFICIALS , Jones, Nash, Vasquez, and Mayor Campbell Written Communication: Report dated August 2, 1994, from Council Members Jones and Horfer, the City Council Subcommittee for Community Promotion Funding, recommending that ten o anizations receive City funding tdialing $41,400. Lee Steelman of the South Orange County Community Services Council expressed appreciation to the Council Subcommittee for their funding recommendation and noted the types of cans received by the agency. City Council Minutes -11- 8/2/94 C1 . x • r r • •. �tJu •. : �•.: lt•.•; o� �Clilljg"11F.115,19AMIL19i Repoit dated August 2, 1994, from the City Clerk, advisi/thente was introduced at the meeting.,of July 19, 1994, and was scheduled for adopte City Cle read the title of the Ordinance next m oing of all Ordinances had been waived a 'er in the meeting. It was moved byHausdorfer, seconded by Council Member quez, that the following Ordinanc OFFICIALS - AN CALIFORNIA, AA CAPISTRANO MUD EXPAND THE CITAi The motion carried by the foll AYES: Coun NOES: None ABSENT: None COUNCILMANIC ITEMS .' I. RECOMMENDATIb IS FROD HE CITY OF SAN JUAN CAPISTRANO, 1, CHAPTER 5 OF THE SAN JUAN BY REPEALING SECTION 1-5.03 TO C OF CODE ENFORCEMENT OFFICIALS , Jones, Nash, Vasquez, and Mayor Campbell Written Communication: Report dated August 2, 1994, from Council Members Jones and Horfer, the City Council Subcommittee for Community Promotion Funding, recommending that ten o anizations receive City funding tdialing $41,400. Lee Steelman of the South Orange County Community Services Council expressed appreciation to the Council Subcommittee for their funding recommendation and noted the types of cans received by the agency. City Council Minutes -11- 8/2/94 N, irected to appropriate funds from unallocated General Fund Reserves, and the City Manager was I. ted to communicate the City Council's action to participants in the South Countv Cities Wor Group. The motion carried by a roll call te, with Council Member Jones and Mayor Campbell ting in opposition. Mayor' explained that she was opposed to the proposed payment allot ' n for the City. Report dated Aulgdst 2, 1994, from the Direc of Engineering and Building, forwarding a request from the Fran snick Therapeutic Riding Center waive the City's processing fees for the addition of a restroorh facility at the site. Appr9gal to i Waive It w moved by Council Member Hausdorfer, seconded by Co il Member Jones, and unanimously ed that the request to waive the processing fees in the ap ximate amount of $760 for the addition of a restroom facility at the Fran Joswick Therapeutic Riding Center be approved. -�111✓ CONSULTANT SERVICES AGREEMENT - DESIGN OF ROSENBALM ROAD DRAINAGE IMPROVEMENT LOCATED 300 FEET EAST OF RANCHO VIEJO ROAD (ROBERT B .IN WILLIAM FROST AND ASSOCIATES) (600,30) (URGENCY) O C (2 Written Communications: / ��yU 2m,42, 1oCO&c,-� (1) Report dated August 2, 1994, from the Director ofVZto g and Buildingecommending that the formal bid process for the design anconsf the Rosenbaum Road Drainage Improvement project, Capital Improvement Proj9, be waived in order to expedite the project based on the finding that a potential risk to health and safety exists from the standing water which accumulates during winter rains. The Report also recommended that the proposed Agreement for Consulting Services with RBF & Associates be approved for the design of the Rosenbaum Road Drainage Improvements. (2) Memorandum dated August 2, 1994, from the Director of Engineering and Building, recommending that Municipal Code Section 9-2.311, requiring discretionary review beyond the Environmental Administrator, be waived to avoid delaying the project. Approval to Waive Formal Bid Process and Approval of Agreement for Consulting Services: It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried that: (t) The formal bid process be waived for the design and construction of the Rosenbaum Road Drainage Improvement project (CIP 139) to expedite the project based on the finding that a potential risk to health and safety exists from the standing water which accumulates during winter rains; (2) The requirement for discretionary review beyond the Environmental Administrator (Section 902.311 of the Municipal Code) be waived to further expedite the project; and City Council Minutes -10- 8/2.94 DESIGN/CONSTRUCTION SCHEDULE RO ENBAUM DRAINAGE IMPROVEMENT CIP ##139 September 1, 1994 9/6 City Council certifies environmental review First draft of Rosenbaum easement due to City 9/12 Pre-bid meeting, 8:30 at site RBF submits plan w/certified ER to Fish & Game (six week review) 9/19 Informal bid opening, all bids due by 3:30 9/20 Council accepts Rosenbaum easement 9/26 RBF expects County permit to be issued 10/3 Begin construction 10/19 RBF expects Fish & Game permit to be issued 11/4 Complete construction It is understood, due to the urgency of this project, there will be no review by the Planning Commission or plan/specification approval by City Council. PRI' JECT SITE VICINI7YMAP IN Initial Study/Environmental Checklist -9- VL DE MINIMIS FEE DETERMINATION (Chapter 1706, Statutes of 1990 -AB 3158) [ ] It is hereby found that this project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and that a "Certificate of Fee Exemption" shall be prepared for this project. [X] It is hereby found that this project could potentially impact wildlife, individually or cumulatively, and therefore fees shall be paid to the County Clerk in accordance with Section 711.4(d) of the Fish and Game Code. VII. ENVIRONMENTAL ADMINISTRATOR DETERMINATION (Section 9-2.201 of SJC Municipal Code): The initial study for this project has been reviewed and approved by the Environmental Administrator and the environmental determination has been recommended for approval. �G. Csrn. �sr Date: August 9, 1994 Tom Tomlinson, Environmental Administrator (cAwpwin60\ciplcip 139ro.is) Initial Study/Environmental Checklist -8- The Pueblo Serra Final EIR ("Executive Summary for the Putuidem Project: Archeological Investigations at CA -Ora -855) indicates that the site comprised about 5.7 acres and was highly disturbed. However, the types and extent of physical evidence and artifacts (tools, obsidian, lithic fragments, etc.) indicate the site to be both a significant historic and cultural resource. Given the close proximity of the project to CA -Ora -855 and the need to trench for the installation of subsurface drainage structures, the possibility exists that artifacts may be uncovered. In order to minimize the potentially significant impacts of grading and trenching, mitigation is necessary. Mitigation Measure #2. On-site monitoring will be Provided for all grading and boring by a City -qualified archeologist. The monitor will establish a procedure for archaeologic resource surveillance and will establish. in cooperation with the City. procedures for temporarily halting or re -directing work, in order to identify, sample, and/or evaluate potential artifacts. In the event any cultural resources/artifacts are encountered, the archeologist will prepare and submit a report detailing their potential significance. The disposition of any cultural resources/artifacts shall be at the discretion of the City of San Juan Capistrano. With the proposed mitigation, archeological/historical resource impacts would be reduced to a level of insignificance. IV. PREPARATION The initial study for the subject project was prepared by: DETERMINATION (To be :ad agency) On the basis of this initial study: [) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have included in this project. A NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Initial Study/Environmental Checklist -7- potential "risk of upset" impacts and therefore, staff does not anticipate any impact. 11. POPULATION: No. The project would not result in conditions effecting the rate or extent of community immigration nor emigration and therefore, staff anticipates no impacts. 12. HOUSING: No. Staff does not anticipate that the project will generate substantial increases in demand for new housing nor substantially alter the housing mix of the community. 13. TRANSPORTATION: No. The project would generate relatively minor increases in traffic and the circulation system can more than adequately accommodate such traffic. Therefore, staff anticipates no significant transportation impacts. 14. PUBLIC SERVICES: No. The project will neither effect existing nor create substantial demand for additional public services. Therefore, staff anticipates no impacts. 15. ENERGY: No. The project will not require substantial energy resources to function and therefore, staff anticipates no impacts. 16. UTILITIES: No. The project will not effect existing nor planned utilities and therefore staff anticipates no impacts. 17. HUMAN HEALTH: No. The project will not effect human health and therefore, staff anticipates no impacts. 18. AESTHETICS: No. The project complies with applicable City design standards and will not result in significant aesthetic impacts. 19. RECREATION: No. The project will not generate any recreation resource related impacts. 20. ARCHEOLOGICAL/HISTORICAL: Maybe. The project involves trenching which will disturb the subsurface strata below 18 inches. Based on evidence available from the Pueblo Serra Final EIR (1987) and Open Space Master Plan FEIR (June 1992), the vicinity has evidence of pre -historic and historic Native American habitation. Approximately 0.6 miles to the south is the location of a pre -historic village of fairly extensive habitation (reference CA -Ora -855). The village was inhabited by Juaneno Band Native Americans, of the Gabrielino tribe. There is some evidence from the type/age of artifacts that the village was associated with the early San Juan Capistrano Mission. There has been speculation that the site may be that of "Putuidem", a late pre -historic, early historic village of cultural and spiritual significance, in particular, to the Juaneno Band of Mission Indians. Initial Study/Environmental Checklist -6- comprise the drainage area to be served by the proposed improvements. The grasslands are comprised predominantly of Brome grasses (Bromus rubens, Bromus mollis, and Bromus diandrus). The interim and Alternate 2 project locations are situated within an area almost exclusively occupied by Giant Cane (Arundo donax). Alternate 1 would grade within an area which presently serves as a storage area for an existing woodlot operation. The interim and Alternate 2 project proposals would result in the removal of about 3000 square feet of vegetation, largely Giant Cane but including some Willow and understory vegetation. Given the extensive presence of invasive non-native species and the degraded nature of the channel area (evidence of construction debris dumping), the removal of existing Willow and understory vegetation could be a potentially significant impact and mitigation is recommended. Mitigation Measure #1 As part of the project construction. the limits ofrg ading and vegetation removal will be limited to the greatest extent practical so as to minimize disturbance to Southern Willow Scrub plant community. All Giant Cane located within the project vicinity (within 100 feet of the actual project) will be removed and destroved/landfilled pursuant to methods approved by the California Department of Fish and Game. With the proposed mitigation, plant resource impacts would be reduced to a level of insignificance. ANIMAL LIFE: No. The project would not eliminate natural wildlife resources and therefore, staff anticipates no animal life impacts. The project site is so limited in scale that wildlife associated with the riparian habitat areas will not be significantly effected. 6. NOISE: No. The project would not create a potentially significant noise source and staff anticipates no noise impacts. LIGHT AND GLARE: No. The project does not propose extensive outdoor lighting sources and therefore, staff anticipates no light and glare impacts. 8. LAND USE: No. The project would not result in a significant change in land use from what the General Plan and Zoning Ordinance have planned for the project site and therefore, no land use impacts would result. 9. NATURAL RESOURCES: No. Staff does not anticipate that the project will impact any natural resources. lo. RISK OF UPSET: No. The project does not include activities which could result in any Initial Study/Environmental Checklist -5- III. DISCUSSION OF ENVIRONMENTAL EVALUATION EARTH: No. The project involves minimal or no land disturbing activities and therefore, would not result in any earth resource related environmental impacts. 2. AIR: No. The project would not result in conditions which would exceed significance levels established by the Regional Air Quality Management District (SCAQMD) and therefore will not have an impact on air resources. WATER: Maybe. The proposed project would provide storm drainage to an area north of Rosenbaum Road between Rancho Viejo Road and Village San Juan comprising about 6.9 acres. The area is relatively small with a low run-off coefficient due to its undeveloped nature. The drainage area would discharge a marginal quantity of storm water into Trabuco Creek during a 25 year storm event. Also, because the property is undeveloped, the quality of stormwater would not be highly degraded with suspended solids, petroleum- based solvents/distillates, or herbicides and pesticides. Portions of existing public right-of- way will drain to the proposed project and could introduce minutes amounts of automobile -related contaminants (motor oil, antifreeze, tire fragments/dust). Furthermore, ponding which occurs under present conditions allows for settlement of dissolved solids and certain dense contaminants. The proposed project would directly convey stormwater into Trabuco Creek and eliminate any ponding. Given the limited area, it is highly unlikely that these potential contaminants would significantly degrade the Creek. The Federal Government has established and the County of Orange and cities within the County have adopted the National Pollution Discharge Elimination System (NPDES) standards. However, the project does not meet the minimum threshold to fall under the jurisdiction of NPDES and is exempt. The City's significance thresholds for identifying impacts cites the NPDES as an indicator. Therefore, because the project is exempt from NPDES, it could not result in a significant impact on water resources and mitigation is not necessary. 4. PLANT LIFE: Maybe. The project would occur within an area characterized by two separate vegetation communities; Southern Willow Scrub and Annual (non-native) Grasslands. Southern Willow Scrub occurs in both the upper and lower portions of the drainage channel almost exclusively along the north bank of Trabuco Creek. Several species of willow (Salix lasiolepis, salix lasiandra, Salix goodingii) occupy the drainage channel inter -digitated with invasive species including Giant Cane (Arundo donor) and Tamarisk (Tamarix parvijlora). Pampas Grass (Cortaderia jubata), and Eucalyptus (Eucalyptus sp.) are evident in downstream areas but not within the project area. Understory vegetation common to the Southern Willow Scrub wetland areas and located in the project area include Mulefat (Baccharis salicifolia), Douglas Mugwort (Artemesia douglasiana), Bristly Ox -tongue (Picris echioides), and Western Ragweed (Ambrosia psilostachya). Annual grasslands occur on the north side of Rosenbaum Road and Initial Stutiv/Environmental Checklist -4- 15. ENERGY. Will the proposal result in: a.) Use of substantial amounts of fuel/energy? [ ] [ ] [X] b.) Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? [ ] [ ] [X] 16. UTILITIES. Will this proposal result in a need for new systems, or substantial alterations to the following utilities: a.) Power or natural gas? [ ] [ 1 [X] b.) Communication systems? f ] f ] [X] c.) Water? [ ] [ ] [X] d.) Sewer or septic tanks? (1 [ ] [X] e.) Storm water drainage? [ ] [ 1 [X] f) Solid waste and disposal? [ 1 [ 1 [Xl 17. HUMAN HEALTH. Will this proposal result in: a.) Creating any health hazard or potential health hazard (excluding mental health)? [ 1 [ 1 1X1 b.) Exposure of people to potential health hazards? [ 1 [ ] [X] 18, AESTHETICS. Will this proposal result in the obstruction of any scenic vista or view open to the public, or the creation of an aesthetically offensive site open to public view? [ ] [ ] IN 19. RECREATION. Will this proposal result in an impact upon the quality or quantity of existing recreational opportunities? [ ] [ 1 [X] 20. ARCHEOLOGICALIMSTORICAL. Will this proposal result in the alteration of a significant archeological or historical site, structure, object, or building? [ 1 1X1 [ ] 21. MANDATORY FINDINGS OF SIGNIFICANCE. a.) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to decrease below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory? [ ] I [X] b.) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future)? [ 1 [ ] [X] c.) Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant) I 1 I 1 IX1 d.) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? [ 1 11 1X] Initial Study/Environmental Checklist -3- c.) Introduction of new species of plants into an area, or in a barrier to normal replenishment of existing species? [ ] [ ] [X] d.) Acreage reduction of any agricultural crop? [ 1 [ ] (X] 5. Ak AAL LIFE. Will this proposal result in: a.) Change in the diversity of species, or numbers of any species of animals (birds, land [ ] [ 1 [X] animals including reptiles, fish, shellfish, benthic organisms, insects, or microfauna)? [ ] [ ] [X] b.) Reduction in the numbers of any unique, rare or endangered species of animals? [ ] [ ] [X] c.) Introduction of new species of animals into an area, or result in a barrier to the [ ] [ ] [X] migration or movement of animals? [ ] [ ] [X] d.) Deterioration of existing fish or wildlife habitat? [ J [ j [XJ 6. NOISE. Will this proposal result in: a.) Increase in existing noise levels? [ ] [ ] [X] b.) Exposure of people to severe noise levels? [ ] [ ] [X] 7 LIGHT HT nd GLARE, Will this proposal create new light and glare? [ ] [ l [XJ 8. LAND USE. Will this proposal result in a substantial alteration of the present or planned land use of an area? [ ] [ ] [X] 9. NATURAL RESOURCES. Will this proposal result in: a.) Increase in the rate of use of any natural resources? [ ] I [X] b.) Substantial depletion of any non-renewable natural resources? [ ] [ ] [X] 10. RISK OF UPSET. Does the proposal involve a risk of an explosion or the release of hazardous substances (including but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? [ l ( ] [X] 11. POPULATION. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? [ ] [ ] [X] 12. HOUSING. Will the proposal affect existing housing or create demand for additional housing? [ ] [ l (X] 13. TRANSPORTATION/CIRCULATION. Will this proposal result in: a.) Generation of substantial additional vehicular movement? [ ] [ 1 [X] b.) Effects on existing parking facilities, or demand for new parking? [ ] [ ] [X] c.) Substantial impact upon existing or planned transportation systems? [ ] [ ] [X] d.) Alterations to present patterns of circulation or movement of people and/or goods? [ ] [ ] [X] e.) Alterations to water, rail or air traffic? I [ l [Xl f.) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? [ l [ ] [X] 14 PUBLIC SERVICES. Will the proposal have an effect on, or result in a need for new or altered governmental services in any of the following areas: a.) Fire protection? [ ] [ ] [X] b.) Police protection? I [ 1 [Xl c.) Schools? ( l 1 l [X] d.) Parks or other recreational facilities? [ 1 [ ] [X] e.) Maintenance of public facilities, including roads? [ ] [ ] [X] I.) Other governmental services? [ ] [ j [X] Initial Study/Environmental Checklist -2- ENVIRONMENTAL CHECKLIST L BACKGROUND 1. Proponent: City of San Juan Capistrano 2. Address: 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 3. Phone Number: (714) 443-6351 4. Lead Agency: City of San Juan Capistrano 5. Project Title: Capital Improvement Project 94-139, Rosenbaum Road Drainage Improvements (Account Number: 12-61111-4703-139). H. ENVIRONMENTAL IMPACTS (Explanations for all "yes" and "maybe" answers are required on attached sheets.) YES MAYBE NO 1. EARTH. Will this proposal result in: [ ] [ ] [X] a.) Unstable earth conditions or in changes in geologic substructures? [ ] (] [XJ b.) Disruptions, displacements, compaction, or overcovering of the soil? [ ] [ ] [X] c.) Changes in topography or ground surface relief features? [ ] [ ] (X] d.) The destruction, covering or modification of any unique geologic or physical feature? (] [ ] [XI e.) Any increase in wind or water erosion of soils, either on or off site? [ ] [ I [X] f.) Changes in deposition or erosion of beach sands, or changes in siltation, deposition, or erosion ( ] I ] [X] which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet, or lake? [ ] [ ] [XI g.) Exposure of people or property to geologic hazards such as earthquakes, landslides, [ ] [ I [X] mudslides, ground failure, or similar hazards? [ ] [ ] [Xl I AIl2. Will this proposal result in: a.) Substantial increase in air emissions or deterioration of ambient air quality? [ ] (] [X] b.) Exposure of people to locally elevated levels of air pollution? [ ] [ I [XI c.) The creation of objectionable odors? [ ] [ I [X] d.) Alteration of air movement, moisture, temperature, or any change in climate, either locally or regionally? [ I (1 (-XI 3. WATER. Will this proposal result in a.) Changes in currents, or the course or direction of water movements, in matinelfresh waters? [ ] [ ] [X] b.) Changes in absorption rates, drainage patterns, or the rate/amount of surface runoff? [ I ( ] [X] c.) Alterations to the flow or course of floodwater? [ ] [ I IX] d.) Change in the amount of surface water in any body of water? [ ] [ ] [X] e.) Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen, or turbidity? [ I (Xl [ 1 f) Alteration of the direction or rate of flow of groundwater? ( ] I ] [X] g.) Change in the quantity of groundwater, either through direct additions or withdrawals, or by interception of an aquifer by cuts or excavations? [ ] [ I [X] h.) Substantial reduction in the amount of water available for public water supplies? ( I ( ] [X] i.) Exposure of peoplelproperty to water related hazards such as flooding or tidal waves? [ ] (] [X] 4. PLANT LIFE. Will this proposal result in: a.) Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, microflora, or aquatic plants)? [ ] [X] [ ] b.) Reduction in the numbers of any unique, rare, or endangered species of plants? [ ] [ I [X] City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 INITIAL STUDY A. PROJECT: Capital Improvement Project 94-139, Rosenbaum Road Drainage Improvements (Account Number: 12-61111-4703-139) B. PROJECT DESCRIPTION: The proposal consists of a capital improvement project to construct storm drainage for a portion of Rosenbaum Road. Rosenbaum Road borders the north side of Trabuco Creek. Storm water would be collected on the north side of Rosenbaum Road to underground storm drains and discharged into Trabuco Creek. The project is located four -hundred (400) feet east of the intersection of Rancho Viejo Road. The project consists of an interim phase and long-term solution to storm drainage for the area. In the interim, a twelve (12) inch reinforced concrete pipe (RCP) would be extended to an existing twelve (12) inch corrugated metal pipe (CMP) which presently discharges into Trabuco Creek. The long-term project includes two possible options as follows: o Alternative 1: Extend a twelve (12) inch reinforced concrete pipe (RCP) beneath Rosenbaum Road and southerly across privately -owned property (would require storm drainage easement) and discharge into Trabuco Creek. o Alternative 2: Extend a twelve (12) inch reinforced concrete pipe (RCP) beneath Rosenbaum Road to the south side of the road, then easterly one -hundred and sixty-five feet, then southerly across Orange county Flood control District (OCFCD)-owned property (would require OCFCD approval) and discharge into Trabuco Creek. C. PROJECT SETTING: The project setting consists of a semi -rural area of the City characterized by naturalized grasslands and riparian area along Trabuco Creek. Village San Juan, a planned residential neighborhood, is situated to the northeast. Rosenbaum Road is a two lane rural collector which serves as access to an existing quarry operation in unincorporated Orange County. D. CONSULTATION: 1. Individuals and Organizations: Dick Bobertz, Planning Manager Tony Foster, Engineering Assistant 2. Documents: City of San Juan Capistrano General Plan, City of San Juan Capistrano Title 9, Land Use Code. City of San Juan Capistrano Policy & Procedures Manual. City of San Juan Capistrano Environmental Review Guidelines. Federal Emergency Management Agency, Flood Insurance Rate Maps. Final Environmental Impact Report, Open Space Master Plan, 1992. City of San Juan Capistrano Date Posted: 0 p is -Sy 32400 Paseo Adelanto9 _ / a _ 95! San Juan Capistrano, CA 92675 Posting Removal: (min. 20 days or 30 days if subject to SCH review) NEGATIVE DECLARATION 1. Proponent: City of San Juan Capistrano 2. Address: 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 3. Phone Number: (714) 443-6351 4. Lead Agency: City of San Juan Capistrano 5. Project Title: Capital Improvement Project 94-139, Rosenbaum Road Drainage Improvements (Account Number: 12-61111-4703-139). 6. Description: A capital improvement project to construct about 210 linear feet of 12 and 18 inch reinforced concrete storm drain, two catch basins, and rip -rap outfall for a portion of Rosenbaum Road. Rosenbaum Road borders the north side of Trabuco Cree and the project is located four -hundred (400) feet east of the intersection of Rancho Viejo Road. The project consists of an interim design and two long-term design alternatives. ENVIRONMENTAL ADMINISTRATOR (EA) DETERMINATION: This project has been evaluated by the Environmental Administrator of the City of San Juan Capistrano in accordance with the adopted California State guidelines to determine its potential impact on the environment. On August 9, 1994, the Environmental Administrator determined that this project will not have a significant effect on the environment because mitigation measures will reduce potential impacts to a level of insignificance. Therefore, the Environmental Administrator has issued a Mitigated Negative Declaration. The basis for the Administrator's determination is the Initial Study completed for the subject project. The Initial Study is attached and copies may be obtained from the Planing Department, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Ramsey, AICP,1 **sss**srss*sssssss*ss*ssskssasssse�ss*s*s*ssss**ssssssssss*srss**sssss**sssss* Any person may file an appeal toga-NegatKe Declaration. Appeals must be filed in writing with the Planning Department within thirty (30) days of the "date posted". The filing of an appeal stays the issuance of a negative declaration until a determination on appeal by the City Council. If the City determines that the appeal is based on environmental factors not previously considered which may have a significant effect on the environment, the City Council may require preparation of an environmental impact report (EIR). The City Council has delegated authority for issuing Negative Declarations to the EA Resolution 94-7-5-1 adopting the City's Environmental Review Guidelines. cc: County Clerk project file lobby posting site posting CEQA fil (c AwpwinMcipbip 139ro.nd) BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve a Mitigated Negative Declaration, and the installation of storm drain improvements to Rosenbaum Road. PASSED, APPROVED, AND ADOPTED this 20th day of September , 1994. LLE. AMPB L, MAYOR ATTEST: [Left EMIR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 94-9-20-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of September 1994, by the following vote: AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and Mayor Campbell NOES: `lone ABSTAIN: None ABSENT: done (SEAL) CHERYL J N, CITY CLERK -2- RESOLUTION NO. 94-9-20-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF STORM DRAIN IMPROVEMENTS TO ROSENBAUM ROAD, CAPITAL IMPROVEMENT PROJECT #139 WHEREAS, the proposed project has been processed pursuant to Section 9-2.301, of the Development Review of the Land Use Code; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and issued a Mitigated Negative Declaration with mitigation measures requiring: Minimal grading/natural vegetation removal to minimize disturbance to Southern Willow Scrub plant community. All Giant Cane located within 100' of the project shall be removed and destroyed/landfilled pursuant to California Fish and Games methods. 2. On-site monitoring will be required for all grading and boring by a City -qualified archaeologist. The mitigation measures above are considered in this Resolution as conditions of approval. Therefore, the project has complied with the provisions of the California Environmental Quality Act (CEQA); and, WHEREAS, the City Council has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan; and, 2. The proposed project complies with all applicable provisions of the Land Use Code subject to mitigation measures and conditions cited by this Resolution. AGENDA ITEM September 20, 1994 Page 3 RECOMMENDATION By motion, approve the Resolution certifying the Mitigated Negative Declaration and approve installation of drainage improvements on Rosenbaum Road. Respectfully submitted: William M. Huber Director of Engineering and Building Attachments: Resolution Environmental Administrators Action Location Map Design/Construction Schedule Prepared by: R. Anthony Foster Engineering Assistant AGENDA ITEM September 20, 1994 Page 2 The Environmental Administrator issued a Mitigated Negative Declaration with two conditions: 1. Protection of Southern Willow Scrub/proper disposal of Giant Cane (non- native Bamboo). 2. Archaeological monitoring. Plans and specifications were submitted to Fish and Game the week of September 12 with the understanding that Council certification of the Environmental Administrators action will be submitted prior to issuance of the Fish and Game permit. Permit approval is expected to take six weeks. Staff proposes to begin construction without said permit, but to limit work to the inlets and pipe, leaving the creek outlet work until receipt of the Fish and Game permit. Formal acceptance of the project is also necessary to complete the certification of the Environmental Administrators action. Attached is a Design/Construction Schedule for your review. FINANCIAL CONSIDERATIONS This project is budgeted as CIP #139. The Consultant Services Agreement, approved August 2nd, is not to exceed $14,900. The engineers estimate for construction is $31,800. Funds for this project have been budgeted in the amount of $62,000. NOTIFICATION Not applicable. ALTERNATE ACTIONS 1. Approve the Resolution. 2. Do not approve the Resolution. 3. Request additional information from Staff. AGENDA ITEM September 20, 1994 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Certification of Mitigated Negative Declaration, Approval of Project, Rosenbaum Road Drainage Improvements, CIP #139 (Rosenbaum Road, 300' East of Rancho Viejo Road) By motion, approve the Resolution certifying the Mitigated Negative Declaration and approve the installation of drainage improvements on Rosenbaum Road. SITUATION A. Summary and Recommendation As part of the permit application, the Department of Fish and Game requires Council certification of the Environmental Administrators action on any project review. Staff has prepared the attached Resolution declaring said certification. Staff recommends approval of the Resolution. B. Background Each year a portion of Rosenbaum Road, approximately 300' east of Rancho Viejo Road, becomes flooded during winter rains. At the August 2nd City Council meeting, Council approved a Consultant Services Agreement with Robert Bein and William Frost and Associates (RBF) for design of a storm drain system to alleviate the flooding. Council also declared an Urgency Action regarding this project due to the potential danger to the public caused by the flooding. RBF has completed the design work and has submitted plans to obtain a permit from Orange County Flood Control and is ready to submit to the Department of Fish and Game. These permits are necessary for construction of the outlet within Trabuco Creek. Fish and Game requires Council certification of the Environmental Administrators action. FOR CITY COUNCIL AGSM' I 1 7. As set forth in the Report date emb r20, 1994, from the Director of Engineering and Building, Final Map 92107, a subdivision of re tot located at the southwest comer of Ortega Highway and Via Cristal, into four resi al parcels, was ap d. The approval was based on the Fording that the Map is in conform with the Subdivision Map Act, t ved Tentative Map, and the condi- tions set fo City Council Resolution No. 94-1-4-2. The City and City Clerk were autho o execute the Final Map, and the City Clerk was directed to record the Map with the County Recorder. As set forth in the Report dated September 20, 1994, from the Director of Engineering and Building, the following Resolution was adopted certifying the Mitigated Negative Declaration and approving the installation of drainage improvements on Rosenbaum Road 300 feet east of Rancho Viejo Road (Capital Improvement Project No. 139): �_ • • • • • ' 1 U • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF PROJECT, STORM DRAIN IMPROVEMENTS TO ROSENBAUM ROAD, CAPITAL IMPROVEMENT PROJECT # 139 L Proposal: Consideration a request by Concorde Development to revis rev iously approved conditions relating to soil subsidence Vesting Tentative Tract Map 14398, 87 -lot subdivision located at the northerly terminus of Camm as Ramblas. The applicant posed reducing the soil subsidence insurance amount from $1 milli er lot to $1 million tot educe the term from twenty years to one year, and use an out-of-state insuran carrier rather th a Califomia carver. Applicant Concorde Development 19752 MacArthur Blvd., Suite Irvine, CA 92715 (1) Report datydKSeptember 20, 1994, from th lanner Director, recommending approval of the propose,prmodifications to conditions previoask approved for VTTM 14398, subject to condjtlons requiring continuous monitoring of the no ope of Deep Canyon, a Soils Warranty l City Council Minutes -4- 9/20/94 April 5, 1995 Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 5,1 - 1i 1n1 11 ' Gentlemen: The following document is enclosed for recordation: RECEIVED MEMBERS OF THE CRY COUNCIL 14 2 43 PM' GARY UM L. HASDORFER GILJONES CAROLYN NASH _ 01 1 1' C L P 0, JEFF VASOUEZ 9) F A H T W N CITY MANAGER F p h GEORGE SCARSOROEX f Notice of Completion of Rosenbaum Storm Drain Improvements by Pacific West Bobcat and Hauling When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience, Thank you for your cooperation. Very truly yours, (!'&16 l 6 Cheryl Johnson City Clerk Enclosure Document Number {l-� Date 1V P� Ped Wt Fx -V CARES m� :i, c z T O ~ ti M 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 TOTAL P.02 �Wj TOTAL P.02 12-09-94 1j:11 A I „FRPM PM L -ANP A D.7 7 P FT. LNS, I I . 11 3 QI f]12/09/94 C1 r! A IS ISSUED AS A MATTER OF INFORMATION ONLY AND SCAPE CONTRACTORS CONFERS No RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFECAalL NouRAME BERVICISP INC. DOES NOT AKE", EXTEND OR ALTER TIUV COVERAGE AFFORDED BY THE LICIES Umq�w -- 1 00 BULLARD COMPANIES AFFORDING COVERAGE LOVISF CA - r 363.2 og-297-9494 ==y ASTAR INSURANCE COMPANY BA B ?acific West Landscaping cT C ref f anyder DRA P.O. BOX 6126 D ,aquna Niguel, CA 92677 E nES is To CFA y;0wAww(wP(011CJBS WAW ENT Ct unm WE ME BEEN ISSUED TO THU INSURED NAMED A0DVB Kht IME F0 BIRDW NVE ME[! ORALtY .01 EXCLUSIONS AND CONDITIONS OF SUCH MAY RAVE AF-IiN RUDUeM BY PAID CLADIS. %�7 MT9 0HV" Luam GXNWALL4bffJ1Y CNFRM.MRtT'ATR S9, caomlcw.ofNmul. axiom PNOPUCMCriRA1W AW. CP04931643 3/05/94 3/05/95 eAC0000IAREWE —3zuwu-1"r� ANVAVM UMIT ID000000 ,ILOVMMAUNTIe BwR_v PIMP sa®1XNDAVTM ow W� F, CV04931643 03/05/914 3/40)5/95 t —,wa ,"y NONORNhDAUM OARAGEIWRJIY .- 'J. WoRan �Ymm F�A�— 3 ANI DICRU;MLICYLmff 6 EMPUDYMM UABRM IL PHYSICAL CF04931643T3/05/94 3/05/9.5 POMP. DED.: 0230. PmAGE DED.: $500. ---------OLL. PE: ALL CALIFORNIA OPERATIONS SEA ATTACHED CG20LO Note; A 10 day notice of caneelkVIOII Will be nlvpn 10f p4glyment of prenflums or non- 311GUI33 ANY OF THE ASUIVE DUSCRIBED POUCIES BE CANCELLED BEFCRE THE =TY OF SAN JUAN C"ISTRANO EXPIRATION DATE THERBOV. THE ISSUING COMPANY VVILLIKwNumm 32400 PA820 7413131ARTO MAIL3,2_DAYS WWI ARN NOTICETV) THE CERTIFICATE HOLDER NAMED -M THE 3" JUAN CAPISTRANO, CA Lpyr. )2675 AlfYi L 111:05AM Puy LA DS APC "NT. To. TC F�i�, POLICY NUMBER: CP04931843 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, PACIFIC WEST LANDSCAPING Elf. Date_ 12109194 SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 97675 i RE: ALL CALIFORNIA OPERATIONS (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work' for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Offices, Inc.. 1984 0 CALIFORNIA PRELIMINARY 20•A Y NOTICE (PUBLIC AND PRIVATE WORK) _ - - 1N ACCORDANCE WITH SECTION 3097 AND 3099, CALIFORNIA CIVIL CODE YOU ARE HEREBY NOTIFIED THAT... CONSTRUCTION LENDER or Reputed Construction Lender, if any r L f !9 �" Sii !V'ti�rin/ �Ii2i7rC'N.vd 3)L DO A95 -eo 79c(c(.9�7a L_ „J FOLD HERE — Owner or PUBLIC AGENCY or Reputed Owner (on public work) (on private work) XC1 4;, /.aA,7iiZ) J 74N �� V'r4N C�T��✓1 S f�11•��d L ClU 7 - FOLD FOLD HERE ORIGINAL CONTRACTOR or Reputed Contractor r j�i9crFac tclFs;7 -.S hi S,11fN"__1 6,Qox!� L,,;'� 1. f4,I0,V4 N 6t v l) (� or firm—sender) fiA6CJ1L11l 2! /6F CA,, /Z41_ has furnished or will furnish labor, services, equipment or materials of the following general description: r tgenera��dejjG/gplmn of the labor. serve"ce" eetboporenja[�a uls furnished �or+to be brm3hedi IQSC'l'[.r r\O'�. �{.iv'J�i'Lk:�l for the building, structure or other work of improvement located atat.- (address or description of pp site subvert for Iden ¢alio,( The name of the 4erson or firm who contracted for the purchase of such labor, services, equipment or materials. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your prop- erty being so improved may be placed against the property even though you have paid your contractor in lull. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. The person or firm giving this notice Is required. pursuant to a collet live bargaining agreementto pay supplemental fringe benefits into an express trust fund (described in Civil Code §31111 said fund is Idem tified as tallows (strike if Inapplicable) frame) laddrns) tr`f / Isipfutunl 1�� An estimate of the total price of the labor, services, equipment or materials furnished or to ba�urnished is'. L J DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20 -DAY NOTICE In Accordance With §3097.1(c) and 3098, California Civil Code declare. On the day of ,41919 . 19 Yyat (2,` kI.m., Declarant served the CALIFORNIA PRELIMINARY 20 -DAY NOTICE on the interested parties as follows: (Check applicable box.) O By placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United States mail at ❑ By delivering a true copy thereof to the parties listed below: addressed as follows: ;rg By leaving a true copy thereof at the address or place of business with some person in charge, of the parties whose names and addresses delivered are listed below: (not to be used on public works) I declare under penalty of perjury th t the foregoing is true and correct. Executed onat r Z 19 // Declarant WOLCAItS FORM iSiO, . vela )pace class o -2P) - 1981 WOICOtt S. INC C'." fo 11"41 E" ` • Vl IA5 [PLEASE NOTE REVERSE SQU For your assistance the following complete text of Section 3097, Section 3097.1 and Section 3098 of the California Civil Code are hereafter quoted. Should you have any doubt as to the usefulness of this form for your purposes you are urged to consult your own attorney. § 3097. Preliminary 20 -day notice (private work). "Preliminary 20 -day notice (private work)'' means a written notice from a claimant that is given prior to the recording of a mechanic's lien and prior to the filing of a stop notice, and is required to he given under the following circumstances (a) Written preliminary notice; parties. Except one under direct contract with the owner or one performing actual labor for wages, or an express trust fund described in Section 3111, every person who furnishes labor, service, equipment, or material for which a lien otherwise can be claimed under this title, or for which a notice to withhold can otherwise be given under this title, must, as a necessary prerequisite to the validity of any claim of lien, and of a notice to withhold, cause to he given to the owner or reputed owner, to the original contractor, or reputed contractor, and to the construction lender, if any, or to the reputed construction lender, if any, a written preliminary notice as prescribed by this section. (b) Construction lender. Except the contractor, or one performing actual labor for wages, or an express trust fund described in Section 3111, all per- sons who have a direct contract with the owner and who furnish labor, ser- vice, equipment, or material for which a lien otherwise can be claimed under this title, or for which a notice to withhold can otherwise be given under this title, must, as a necessary prerequisite to the validity of any claim of lien, and of a notice to withhold, cause to be given to the construction lender, if any, or to the reputed construction lender, if any, a written preliminary notice as prescribed by this section. (c) Time; content; architect, engineer or surveyor. The preliminary notice referred to in subdivisions (a) and (b) shall he given not later than 20 days after the claimant has first furnished labor, service, equipment, or materials to the jobsite, and shall contain the following information: (1) A general description of the labor, service, equipment, or materials fur- nished, or to be furnished, and if there is a construction lender, he shall be fur- nished with an estimate of the total price thereof in addition to the foregoing. (2) The name and address of such person furnishing such labor, service, equipment, or materials. (3) The name of the person who contracted for purchase of such labor, ser- vice, equipment, or materials. (4) A description of the jobsite sufficient for identification. (5) The following statement in boldface type: NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contrac- tor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. (6) If such notice iagiven by a subcontractor who Is required pursuant to a collective-bargaining agreement to pay supplemental fringe benefits into an express trust fund described in Section 31ll, such notice shall also contain the identity and address of such trust fund or funds. If an invoice for such materials contains the information required by this section, a copy of such invoice, transmitted in the manner prescribed by this section shall be sufficient notice. A certificated architect, registered engineer, or licensed land surveyor who has furnished services for the design of the work of improvement and who gives a preliminary notice as provided in this section not later than 20 days after the work of improvement has commenced shall be deemed to have com- plied with subdivisions (a) and (b) with respect to architectural, engineering, or surveying services furnished, or to be furnished. (d) Election not to give preeminary notice; subsequent rights. It labor, ser- vice, equipment, or materials have been furnished to a jobsite by a person who elected nor t0 give a preliminary notice as provided in subdivision (a) or (b), such person shall not be precluded from giving a preliminary notice not later than 20 days after furnishing other labor, service, equipment, or materials to the same jobsite. Such person shall, however, be entitled to claim a lien and a notice to withhold only for such labor, service, equipment, or material furnished within 20 days prior to the service of such notice, and at any time thereafter. (e) Waiver. Any agreement made or entered into by an owner, whereby the owner agrees to waive the rights or privileges conferred upon him by this section shall be void and of no effect. (f) Service. The notice required under this section may be served as follows: (1) If the person to be notified resides in this state, by delivering the notice personally, or by leaving it at his address of residence or place of business with some person in charge, or by first-class registered or certified mail, postage prepaid, addressed to the person to whom notice is to be given at his residence or place of business address or at the address shown by the building permit on file with the authority issuing a building permit for the work, or at an address recorded pursuant to subdivision (j) of this section. (2) If the person to be notified does not reside in this state, by any method enumerated in paragraph (1) of this subdivision. If such person cannot be served by any of such methods, then notice may be given by first-class cer- tified or registered mail, addressed to the construction lender or to the original contractor. (3) When service is made by first-class certified or registered mail, service is complete at the time of the deposit of such registered or certified mail. (g) Single notice; additional material, service, labor or equipment. A per- son required by this section to give notice to the owner and to an original con- tractor, and to a person to whom a notice to withhold may be given, need give only one such notice to owner, and to the original contractor and to the per- son to whom a notice to withhold may be given with respect to all materials, service, labor, or equipment he furnishes for a work of improvement, which means the entire structure or scheme of improvements as a whole, unless the same is furnished under contracts with more than one subcontractor, in which event, the notice requirements must be met with respect to materials, services, labor, or equipment furnished to each such contractor. If a notice contains a general description required by subdivision (a) or (b) of the materials, services, labor, or equipment furnished to the date of notice, it is not defective because, after such date, the person giving notice fur- nishes materials, services, labor, or equipment not within the scope of such general description. (h) Disciplinary action against contractors and subcontractors. Where the contract price to be paid to any subcontractor on a particular work of improvement exceeds four hundred dollars ($400), the failure of that contrac- tor, licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, to give the notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of contractors. Where such notice is required to contain the information set forth in paragraph (6) of subdivision (c), a failure to give such notice, including such information, that results in the filing of a lien or the delivery of a stop notice by the express trust fund to which such obligation is owing constitutes grounds for the disciplinary action by the Registrar of Contractors against the subcontractor if the amount due such trust fund is not paid. (i) Construction lender; designation or permit application. Every city, county, city and county, or other governmental authority issuing building permits shall, in its application form for a building permit, provide space and a designation for the applicant to enter the name, branch, designation, if any, and address of the construction lender and shall keep the information on file open for public inspection during the regular business hours of the authority. If there is no known construction lender, that fact shall be noted in such designated space. Any failure to indicate the name and address of the con- struction lender on such application, however, shall not relieve any person from the obligation to give to the construction lender the notice required by this section. (j) Designation of mortgage, deed of trust or other instrument securing loan. A mortgage, deed of trust, or other instrument securing a loan, any of the proceeds of which may be used for the purpose of constructing improve- ments on real property, shall bear the designation "Construction Trust Deed" prominently on its face and shall state all of the following: (1) the name and address of the lender, and the name and address of the owner of the real property described in the instrument, and (2) a legal description of the real property which secures the loan and, if known, the street address o1 the property. The failure to be so designated or to state any of the information required by this subdivision shall not affect the validity of any such mortgage, deed of trust, or other instrument. Failure to provide such information on such an instrument when recorded shall not relieve persons required to give preliminary notice under this section from such duty. The county recorder of the county in which such instrument is recorded shall indicate in the general index of the official records of the county that such instrument secures a construction loan. (k) Trust fund and lender; supplementary fringe benefits. Every contractor and subcontractor who is required pursuant to a collective-bargaining agree- ment to pay supplementary fringe benefits into an express trust fund described in Section 3111, and who has failed to do so shall cause to be given to such fund and to the construction lender, it any, or to the reputed construction lender, if any, not later than the date such payment due to such fund became delinquent, a written notice containing: (1) The name of the owner and the contractor. (2) A description of the jobsite sufficient for identification. (3) The identity and address of the express trust fund. (4) The total number of straight time and overtime hours on each such job, payment for which the contractor or subcontractor is delinquent to the express trust. (5) The amount then past due and owing. Failure to give such notice shall constitute grounds for disciplinary action by the Registrar of Contractors. (I) Contract; name and address of owner; Information to person seeking to serve notice. Every written contract entered into between a property owner and an original contractor shall provide space for the owner to enter his name and address of residence; and place of business if any. The original contrac- tor shall make available the name and address of residence of the owner to any person seeking to serve notice required by this section. §3097.1 Roof of service of preliminary 20 -day notice, proof of service affl- davit; receipt. Proof that the preliminary 20 -day notice required by Section 3097 was served in accordance with subdivision (f) of Section 3097 shall be made as follows: (a) If served by mail, by the proof of service affidavit described in subdivi- sion (c) of this section accompanied either by the return receipt of certified or registered mail, or by a photocopy of the record of delivery and receipt main- tained by the post office, showing the date of delivery and to whom delivered, or, in the event of nondelivery, by the returned envelope itself. (b) If served by personally delivering the notice to the person to be notified, or by leaving it at his address or place of business with some person in charge, by the proof of service affidavit described in subdivision (c). (c) A "proof of service affidavit" is an affidavit of the person making the service, showing the time, place and manner of service and facts showing that such service was made in accordance with Section 3097. Such affidavit shall show the name and address of the person upon whom a copy of the pre- liminaryy 20 -day notice was served, and, it appropriate, the title or capacity in which he was served. §3090. Preliminary 20 -day notice (public work), stop notice; service; dis- ciplinary action; exemption for express trust fund. "Preliminary 20 -day notice (public work), stop notice" means a written notice from a claimant that was given prior to the filing of a stop notice on public work, and is required to be given under the following circumstances: (a) In any case in which the law of this state affords a right to a person fur- nishing labor or materials for a public work who has not been paid therefor to file a stop notice with the public agency concerned, and thereby cause the withholding of payment from the contractor tot the public work, any such person having no direct contractual relationship with the contractor, other than a person who performed actual labor for wages or an express trust fund described in Section 3111, may file such a notice, but no payment shall be withheld from any such contractor, pursuant to any such notice, unless such person has caused written notice to be given to such contractor, and the public agency concerned, not later than 20 days after the claimant has first furnished labor, services, equipment, or materials to the jobsite, stating with substantial accuracy a general description of labor, service, equipment, or materials furnished or to be furnished, and the name of the party to whom the same was furnished. Such notice shall be served by mailing the same by first-class mail, registered mail, or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office or conducts his business, or his residence, or by personal service. In case of any public works constructed by the Department of Public Works or the Department of General Services of the state, such notice shall be served by mailing in the same manner as above, addressed to the office of the disburs- ing officer of the department constructing the work, or by personal service upon such officer. When service is by registered or certified mail, service is complete at the time of the deposit of the registered or certified mail. (b) Where the contract price to be paid to any subcontractor on a particular work of improvement exceeds four hundred dollars ($400), the failure of that contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, to give the notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of Contractors. (c) The notice requirements of this section shall not apply to an express trust fund descrihPd �� golfs- 1111 0 t v MEMORANDUM January 18, 1995 TO: Dawn Schanderl, Deputy City Clerk FROM: R. Anthony Foster, Engineering Assistant C SUBJECT: Preliminary Notices, Rosenbaum Storm Drain, CIP #139 Attached are Notices from Rialto Concrete Products, San Juan Rent -it Service and Hardy and Harper Inc. cc: Ted Simon 4A1 N2 O p� C L LL ca O W< S S � d p) C W�6�.Q r O D Q (A f CC<.j W��C2t�< ;gLL„¢p OW�O Yy L � � L L 3 $ E o W �Wm6WWf O N p C O zi ED SNj�22mWV O H.F C¢¢�m6yw„3 � o 1 LL O �as�iy1`4z 0 $ ": 0 LU12 OD�CwJa 2�e¢ P.WO LLO n G EA O �� ¢e N m U f L � Sjmy„..�¢FV2y WLL�y¢g{Vp¢��2 W H N ' Z y ui <c W Q D� LL�FTWSm►Oii CO W V o Q y 2 H O n z O cc N ?jm� ziQ LLz G ui c ZC Z o -2-9 E L H Jr.z y W = N =s IL W LU o Q N Oy ` y • H Z d C O 3 W ¢� oE N N f { J $ do tg E 'Vas C6 IA V Z 4A1 N2 pLL)O¢m_N__W O�OHH-� O 6j O W< S S (N VC W�6�.Q WOyW T6 6 2 (A f CC<.j W��C2t�< ;gLL„¢p OW�O � O W �Wm6WWf O zi ED SNj�22mWV O H.F C¢¢�m6yw„3 w00N�� c `n 1 LL O �as�iy1`4z wa�4 m ��W 9 y ryC LU12 OD�CwJa 2�e¢ P.WO LLO n G EA O LSSEZLL wm z H2^_ImOWLLW �� ¢e N O> � Z y }i D7 Sjmy„..�¢FV2y WLL�y¢g{Vp¢��2 H O 'p p p ElU m <wNoO„e ` J¢OWZ mFW"J'>W Helm! OS! I� LL�FTWSm►Oii CO N mC N -2-9 E o o �yy g Rn. Q O s� oE N C { IS .. do tg E C6 IA V W 2 H CALRNIA PRELIMINAOTICE 3260968 IN ACW E WITH SECTION 3097 AND 3098, C IA CIVIL CODE THIS IS NOT A LIEN, THIS IREFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT ... `iOT'_7Z T C CENMAL r. JL S..ay .. aS r�caipt _F pay u.v-L'_ 't::I:: Pell: l__u_ k_LL 1}G -y -.._ ORIGINAL CONTRACTOR or Reputed Contractor, if any f�gutA� itYlii�t�,lir;, 1, 92677 (name) laddfass) NOTICE TO PROPERTY OWNER If bills are not paid In full for the labor, services, equip- ment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so Improved may be placed against the property even though you have paid your contractor In full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which Is appropriate under the circumstances. J signature e) Telephone Number (>o�?91 This form (No. 594 Revised 1180) 0 Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 (name of person or firm furnishing labor, services, equip- ment or material) CONSTRUCTION LENDER or _ Reputed Construction Lender, if any N(address of person or fine furnishing labor, services, D r .. `.. ` equipment or material has furnished or will furnish labor, services, equipment or materials of the following general description: E (general description of the labor, services, equiprnent or R = -- material furnished or to be furnished) y for the building, structure or other work of improvement located at: SFOLD HERE - .. J (address or description of job site sufficient for idern@ication) The name of the person or firm who contracted for the Cpurchase of such labor, services, equipment or material is: O- (name and address of person or finn) P OWNER or PUBLIC AGENCY or Reputed Owner (on public work) _ Y (on private work) An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: `iOT'_7Z T C CENMAL r. JL S..ay .. aS r�caipt _F pay u.v-L'_ 't::I:: Pell: l__u_ k_LL 1}G -y -.._ ORIGINAL CONTRACTOR or Reputed Contractor, if any f�gutA� itYlii�t�,lir;, 1, 92677 (name) laddfass) NOTICE TO PROPERTY OWNER If bills are not paid In full for the labor, services, equip- ment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so Improved may be placed against the property even though you have paid your contractor In full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which Is appropriate under the circumstances. J signature e) Telephone Number (>o�?91 This form (No. 594 Revised 1180) 0 Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 The Drawing Board, - ® For Faster Typing -" P 0 Box 660429 • Dallas. Texas/52660429 • Iry • - Use doulNe line spacing A Z i Call Tall Free: 1-810.5279531 - Align typing with this line 1 - Use arrows to set Tab Stopsl 1 HARDY & HARPER INC. 630 S. HATHAWAY ST. SAMA ANA, CA 92705 714-972-09TT DATE Dec. 30, 1994 TO: FAX 714 972-1004 SUBJECT Pacific West Mr, Tony Foster Engineering Dept. CITY OF SAN JUAN CAPISTRANO • 32400 Paseo Adelanto San Juan Capistrano 92675 Dear Mr, Foster: Rosenbaum Rd. Drainage Impr, We are attaching a Calif. Preliminary Notice addressed to your City for the above captioned project and ask that you honor this Notice when pay Mr. Snyder. If you have any questions, please contact me at 714/972-0977. Tha s, Azz-;�� Item a ML73T The pawing Board, Dories, Texas 75266-0429 REORDER ITEM # ML73T Wheeler Groep, lnc., 1982 FOLD AT i-) TO FIT DRAWING BOARD ENVELOPE 0 E W RDW CAL•IEORNIA PRELIMINAR)IOTICE 3049011 IN ACCO CE WITH SECTION 3097 AND 3098, CALI NIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT ... FOLD O OWNER or PUBLIC AGENCY W or Reputed Owner (on public work) (on private work) N FAttn: Finance Dept, E CITY OF SAN JOAN CAPISTRANO R 32400 Paseo Adelanto San Juan Capistrano L CConstruction can no. O FOLD HERE P ■■ ORIGINAL CONTRACTOR or Reputed Contractor, if any PACIFIC W41 LAN9+5CAf119 29646 Coral CWO L"U" Kivel4v CA 02M HARDY & HARPER INC, __ (name of person or fine furnishing labor, services, equip- ment or material) 630 S, Hathaway (address of person or firm furnishing labor, services, Santa Ana, CA 92705 equipment or material has furnished or will furnish labor, services, equipment or materials of the following general description: ge ra es�rip a o l%r, M m e and labor material furnished or to be furnished) for the building, structure or ether work of improvement I ba Rd, DrainageIluprove is (address or description of lob site sufficient for identif The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: Jeff Snyder PACIFIdmigMy"b fNd"rm [9645 Coral Cove Aha9g111ie4i9leetbyal6Ac926N labor, services, equipment or materials furnished or to be furnished is: (D011ar amount must be furnished to construction lender —ioptional ss to owner or contractor) Trust Funds to which Supplemental Fringe Benefits are Payable. See Airwl l mgp not required to lumish) J — L 1110 {name) (address) known) (name) (address) (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equip- ment, or materials fumished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so Improved may be placed against the property even though you have Palo your contractor in lull. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device whichJs aparopriatev under the circumstances. Telephone This form (No. 594 Revised 1/80) ^ Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 0 CEMENT MASONS SO. CALIFORNIA PENSION TRUST 500 S. Virgil Ave., Los Angeles, Ca. 90020 CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN.CALIFORNIA 3540 Wilshire Blvd., los Angeles. Ca. 90010 OPERATING ENGINEERS TRUST FUNDS P.O. Box 7064, Pasadena, Ca: 91109 SOLD TO iV/ (-'vtc-i' HARD HARPER INC. ASPHALT PAVING CONTRACTORS STATE LIC. NO. 216862 630 SOUTH HATHAWAY P.O. BOX 15423 SANTA ANA, CALIFORNIA 92706 (714) 972-0977 • FAX r (714) 972-1004 Arm: JEFF SNYDER PACIFIC WEST LANDSCAPING 2964'i CORAL COVE 1.ACiUNA NIGUEL, CA. 92677 .Art- i YORK ONE" NO TEAMS 12/30/941 95U77 -/S 01/30/95 DESCRIPTION UNITS UNIT PRICE COLD MILL EXISTING PAVEMENT AVG. 3/4" AC PAVEMENT 1000 SF FURNISH AND PLACE "PETROMAT" FABRIC 5500. SF. CONSTRUCT AC OVERLAY AVG. .15. 5500 SF. LUMP SUM ABOVE ITEMS ADDITIONAL ASPHALT OVER (83) TONS INVOICE rUB AMOUNT NOW DUE: Encl.: Copy of Ti INVOICE 0017253 PROJECT & DESCRIPTION ROSENBAUM RD. DRAINAGE IMPROVEMENT PURCHASE ORDER NO. OR CON I PACT NO 0 1 .00 1 7000.00 20.OTN1 35.00 700.00 �c,OoC? THIS BILLING I BI LL TO DATE 7000.00 700.00 7700.00 7700.00 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. ORIGINAL INVOICE NO. lJ January 17, 1995 Pacific West Bobcat and Hauling Box 6126 Laguna Niguel, California 92607 '- .1 . . n . i s 11311014WIP4 Gentlemen: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART OIL JONES CAROLYN NASH DAVID SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Enclosed for your records is a fully -executed copy of the Contract to construct the Rosenbaum Storm Drain. Services under this agreement were to be completed on or before January 13, 1995, at a cost not to exceed $40,275. The City has received all required insurance except the Workers Compensation Certificate. Please forward the Certificate to the City Clerk's Office as soon as possible. Thank you for your cooperation. If we can be of any further assistance, please call. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Director of Engineering and Building (with copy of contract) Tony Foster (with copy of contract) Administrative Services (with copy of contract) 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 MEMORANDUM January 17, 1995 To: Cheryl Johnson, City Clerk From: R. Anthony Foster, Engineering Assistant Subject: Purchase Order, Insurance, Labor and Material Bond, Performance Bond; Rosenbaum Storm Drain, CIP #139 Per your request I am herein forwarding the referenced documents for your files. The address for Pacific West Bobcat and Hauling is Box 6126, Laguna Niguel, 92607 (495-4285). cc: Ted Simon Dawn Schanderl ✓[a C > boel-r(Cr 1- SAN .j%jAIv ilio i r%Pgi*4�r 32400 PASEO 1. NTO SAN JUAN CAPISTRANO, CA 92675 (714) 493-1171 - FAX (714) 493-1053 Vendor. Pacific. P+est COnStri.ACLio^ 11. U. Box 6126 .ag=a Niouel, CA 92677 DATE ORDFITEI - I DATE REQUIRED 12-8-94 12.-6S.5CO-4705-139-308 OUAWTrri UNIT 1 . No. L6 i SL THIS NUMBER MUSTAPPEAR ON ALL INVOICES, PACKING SLIPS, PACKAGES AND CORRESPONDENCE Ship To: Above unless shown otherwise below CONFIRMING TO: DO NOT DUPLICATE I VENDOR TELEPHONE 495-4285 PURCHASING CONTACT CIP Tony Foster DESCRIPTION T UNIT PRICE Install Rosenbaum Road Storm Drain I:aproveii,>ents: CIP IA9 per City Council direction of Appt4 2, 1994 and Pacific i+'est Lol)cat and 1laulin�; letters of Se,lter,a7er 2&, 1J94 and December 5, 1994 PLEASE SIGN AND RETURN ACKNOWLEDGEMENT COPY _ NOTE ANY CHANGES IN SPECIFICATIONS OR DELIVERY SCHEDULES TERMS AND CONDITIONS 1) IF DELIVERY CANNOT BE MADE ON DATE SPECIFIED ADVISE PURCHASING DIV. AT ONCE. 2) MAIL INVOIC ES IN DUPLICATE IMMEDIATELY AFTER DELIVERY TO CITY OF SJO SJC, CALIF 3) INVOICES M 1S1 BE ITEMIZED, STATING PRICE AND AMOUNT OF EACH ITEM. 4) ENCLOSE PACKING SLIP WITH EVERY SHIPMENT 5) TRANSPCRTATION CHARGES MUST BE PREPAID. IF QUOTED F.O.B. SHIPPING POINT. ATTACH ORIGINAL RECEIPIED I REIGHT BILL TO INVOICE. 6) SALES TAX WILL. BE PAID BUT MUST BE SHOWN SEPARATELY THE CITY IS EXEMPT FROM FED -EXCISE TAX. 7) CI rY OF WC DESIRES TO PAY ALL BILLS PROMPTLY HOWEVER CLAIMS CANNOT BE PAID UNLESS OR UNTIL TIME VENDOR COMPLIES IN FULL WITH ALL INSTRUCTIONS HEREON. B) NO DELA ER'ES WILL BE ACCEPTED WITHOUT PURCHASE ORDER NUMBER AND/OR PROPERLY APPROVED. 9) ALL MA'_I:RI LL I'URNISHED IN THIS PURCHASE ORDER WILL BE SUBJECT TO TEST AND INSPECTION. RECEIVING COPY SALES TAX SHIPPING/DELIVERY TOTAL ORDER F.O.B. POINT AMOUNT $40,275.'X0 BY: PURCHASING AGENTIDEPUN BOND PREMIUM BASED ON 0 EXECUTED IN TRIPLICATE . FINAL CONTRACT PRICE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: BOND: 13SH 805 116 00 PREMIUM: $1,208.00 hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of FORTY THOUSAND TWO HUNDRED SEVENTY—FIVE b NO/100ths Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executor, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated DECEMBER 1994 , entered into a (describe agreement) CONSTRUCTION OF ROSENBAUM STORM DRAIN IMPROVEMENTS which contract is by reference made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if Principa! shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain In full force and effect. Surety wai,eas whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount speclfled, there shall be included Costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and Included in any judgment rendered. That PACIFIC WEST BOBCAT AND HAULING as Principal, hereinafter Called CONTRACTOR, and AMERICAN MOTORISTS INSURANCE COMPAY hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of FORTY THOUSAND TWO HUNDRED SEVENTY—FIVE b NO/100ths Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executor, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated DECEMBER 1994 , entered into a (describe agreement) CONSTRUCTION OF ROSENBAUM STORM DRAIN IMPROVEMENTS which contract is by reference made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if Principa! shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain In full force and effect. Surety wai,eas whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount speclfled, there shall be included Costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and Included in any judgment rendered. 0 0 Z. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, Shall in any way affect its obligations or this bond, and it does hereby waive notice of any such Change, extension of time, alteration, or modification Of the Contract documents or of work to be performed thereunder. Executed this 9th day of DECEMBER 19 94 at ORANGE California. APPROVED AS TO FORM- . L� ��K�v`a�t.iLa City Attorney Page 2 - PERFORMANCE BOND PACIFIC WEST BOBCAT AND HAULING ou (NOTARIZATION AND SEAL) AMERICAN MOTORISTS INSURANCE COMPANY DOUG LANE/ATTORNEY—IN—FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPgW ACKNOWLEDGMENT A&No 5907 State of California County of Orange On DFP - 9 1994 before me, Susan E. Morales, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUSUC- personally appeared Doug Lane NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized OFFICIAL SEAL SUSAN E. MORALES WEARY PUBLIC- aC1t Ie$), and that by his/her/their CaP y(C CALIFORNIA + (� COMM OI signature(s) on the instrument the person(s), 011 Mroallm.taaose.Ru..a+eee or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1!i //n/Jm 2- MmnUen SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLb S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF PERSONS) OR ENTITY(VES) None American Motorists Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 6236 Rommel Ave.. P.O. Box 7154 - Canoga Palk CA 91309.7184 • EXECUTED IN TRIPLICATE • BOND: 13SM 805 116 00 PREMIUM: Included with the L.A154(t AND MATLRIALS BOND Performance Bond. KNOW ALL :NEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to PACIFIC WEST BOBCAT AND HAULING License No. 577737 hereinafter designated as "Principal", a contract for ROSENBAUM STORM DRAIN IMPROVEMENTS and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any o1 his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety or this bond will pay the same. NOW, THEREFORE, we PACIFIC WEST BOBCAT AND HAULING Principal, and AMERICAN MOTORISTS INSURANCE COMPANY , as Surety are held firmly bound unto the City of San 3uan Capistrano, a municipal corporation, in the penal sum of FORTY THOUSAND TWO HUNDRED SEVENTY-FIVE 6 NO/100ths DOLLARS ($ 40,275.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, division 5, Chapter 3 of the Government Code of California as amended, that the Surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonaole attorney's fee to be fixed by the Court. This bond i anal! Inure to the ban of any and all persons, compan Jond corporat.ons entiveo to file c!aims under said a2T, so as to give a right of action to them or their assigns in any Suit brought upon this bond. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be inUuded costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City In successfully enforcing such obligation, all to be taxed as costs and Included In any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duty executed by the Principal and Surety herein named on the 9th day of DECEMBER , 19 94 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED AS TO FOR CITY ATTORNEY Page 2 - Labor dt Ntater ials bond PACIFIC HEST BOBCAT AND HAULING PRINCIPAL ay�d G . AMERICAN MOTORISTS INSURANCE COMPANY SURETY 6y L DOUG LANE/ATTORNEY-IN-FACT CALIFORNIA State of California County of Orange ACKNOWLEDGMENT On nFr - 9 1994 before me, Susan E. Morales, Notary Public DATE NAME. TITLE OF OFFICER • E.G..'JANE DOE. NOTARY PUBLIC personally appeared Doug Lane NAMEIS) OF SIGNER(S) No. 5907 IN personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their OFFICIAL SEAL signature(s)on the instrument theperson(s), SUSAN E. MORALES NOTARY PUBLIC -CALIFORNIA 01 or the entity On behalf of which the �+ COMMISSION p 980053 IS y u p < ,' ORANGE COUNTY ` acted, executed the instrument. 4� MY Comm. Exp. December 8. 199& r person(s) WITNESS my hand and official seal. �cQ/,rim 4ma-2,L0 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent traudulent reattachment at this torm. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) American Motorists Insurance DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Aw.. P.O. Box 7164 • Canoga Park CA 91309-7184 AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California its true and lawful agent($) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, end as its act and dead: Any and all bonds and undertakingsprovided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a trw and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shell have the power and authority to appoint agents and attorneys -in -fact, and to authorize then to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: 'NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding won the Company.^ In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, by (OVER) J. S. Kemper, III, Exec. Vice President anionx msiinei u That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California its true and lawful agent($) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, end as its act and dead: Any and all bonds and undertakingsprovided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a trw and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shell have the power and authority to appoint agents and attorneys -in -fact, and to authorize then to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: 'NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding won the Company.^ In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, by (OVER) J. S. Kemper, III, Exec. Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 1-28-98 Irene Klewer, Notary Public 4 "OFFICIAL SEAL" ► 4 Irene Klewer ► -4 Notary Public, Slate of Illinois ► 4 Ny Commisalos Erplres tl2apia ► CERTIFICATION I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated January 1, 1994 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and affect since the date thereof and is in full force and effect on the dateofthis certificate: and I do further certify that the said J. S. Kemper, III and W. A. Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this n F C - 9 1994 day of , 19 X,1.+ S l N.J.2arado, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Term