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1994-1128_KUNO CRAWLER / BACKHOE_Contract
0 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 GO RNMENT CODE SSE,CTION 6103 Cheryl Johnsar ity Oerk San Juan Capistrano, CA IOC # 95-4153521 13—APR-1995 09:24 AM Recorded in Official Records of Orange County, California Gary L. Granville, Clerk -Recorder Page 1 of 1 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 Kuno's Crawler and Backhoe Service, 3163 Inclinado, San Clemente, CA 92672, for the performance of the following work: La Novia Erosion Control easterly of Valle Road That said work was completed on February 17, 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 Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 4th day of April, 1995, by Resolution No. That upon said contract, Amwest Surety was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) `— day of ��_, 1995. (?,kQ t-� Cheryl JohnsoroCitytlerk 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 5- day of 1995. 17 Cheryl JohnsovQ City 'l City of San Juan Capistrano CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and Kuno's Crawler and Backhoe Service 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 Proposal, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans and Special Provisions, the Standard Specifications for Public Works Construction, 1991 Edition, 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 erosion protection on La Novia Avenue and Valle Road in strict conformity with the Plans and all other contract documents, which documents are on file at the Office of the City Clerk, 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 contract documents. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within 45 calendar days from the Notification to Proceed. 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, CONTRACTOR shall pay CITY, as liquidated damages, not in thel nature of a penalty, 0 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 contract documents. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish 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 fomes 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, shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of theren vailing 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. 2 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 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 ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day: during which such 3 workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San T - ^ ----- DATED: `-�.cl� BY, ATTEST: �v�-- Cheryl Johns6fi,Cit Clerk APPROVED AS TO F RM: Ij Rlichl K. Denbalter, ity Attorney 2/j�/C 4 m KUNO'S CRAWLER & BACKHOE SERVICE 3163 Inclinado, San Clemente, CA. 92673 Greg Kuno/Owner (714) 361-0878 Keno's Crawler & Backhoe Service Greg Kuno/Owner • 3163 Inclinado • San Clemente • California • 92673 State Contractor's License #554029 November 21, 1994 QUANTITY ESTIMATE — EXHIBIT A Owner: City of San Juan Capistrano 32400 Paseo Adelanto S.J.C., Ca. 92675 Attn: Mr. Les Evans Job Address: La Novia Avenue Erosion Control, S.J.C. The following Line Items are based on plans by Lockman & Associates dated 10/9/89, J.N. M89.33 & CDC Engineering, Inc.j dated 11/4/94. Dear Les, These are o4�, Lirre.It:em )3id Prices for the Job Description in our Bid P�400 ; Nbo. "B141SJ.94M1 dated November 10, 19t4: p$t i a AyY LINE < ,, I ITEM R 1 500"1 00 2. 481.00 r 3.6,a 0'6,- For 6,006 S F.; �;J .# 4 15,$00.60 For 1,074 L F ,4 .14 5 3 4$,,90 For .L ".F 4, 4,4. 77/ F. 6 1, 0b ''276 'kit 24 # s°ers )wl Grates installed. 7 1 200.00 .2 Por 1 3g"`.,Rrse'r w/ GYates �nstalled. 8; 1,500,00 9. r9, 200.:00 10. �,'—_-480.00 Fpr 20 L.F. @" 20.00/L.F. 11. 11�-w.00 F6x 100 L•; F., @ 19.50/L.F. 12.tfli00, 13. 14. 3;@k©:,�"'Fpi 250'L.F. @ 12.00/L.F. 15. rr,. ,};Jt' jt;i¢ . d 0 @ $A-.66/S.F. fi'72.50 @ Sub -total $50,269.41 + _5,529.64 (11% Profit & Overhead) Total Base Bid Amount: $55,750.00 ____ KUNOPS�AVERY 44900690 NOV OV 18 '94 1e 0E3 � P46 BOND NO: 004003791 PREMIUM: $ 1,673.00 t Premium charged on 12 month PF.>gFIMAN' BOND basis at Surety's current rate. KNOW ALL ;NEN BY THESE PRESENTS: That Kuno's Crawler & Backhoe Service as Principal, hereinafter called CONTRACTOR, and AMWEST SURETY INSURANCE COMPANY hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Fifty Five Thousand Seven Hundred & Fifty Even Dollars for payment M whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement) LA NOVIA EROSION CONTROL IN SAN JUAN CAPISTRANO , which contract is by reference made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, If Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full fora and effect, Surety waiwes 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 costs and included in any judgment rendered. _, KUNO•SIAVERY „- 71444BB690 P.05 BOND NO: 004003791 2. 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 23rd day of November , 19 94 atu„�,� ;a b . California. APPROVED AS TO FORM. City Attorney. Page 2 - PERFORMANCE BOND AMYEST SURETY INSURA COMPANY Max E� Kal berg, Attorney-" -Fact (NOT AR TION AND SEAL) (NOTARIZATION AND SEAL) AAmwest Amwest Surety Insurance Company State of CALIFORNIA County of ORANGE • NOTARY ACKNOWLEDGMENT On 11/23/94 before me, CAROL L_ WRAVRR (here insert name) Notary Public, personally appeared MAX R_ XAT.DF.NRRRr personally known to me (or proved to me on the basis of satisfactory evidence) to be the pgrson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they execL#ed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(o), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ;, 7717771 Cr 5i. 1 gIU21112 F= COMi- NOTA, 4Y S.;i;LIv. Cv..'S':T'�•„A :J Signature L V ' L/ (seal) My Cutin Expires Apra Aft UN -A9016 (Rev 6/94)5! CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING NAME OF PERSON(S) OR ENTITV(IES) !J INDIVIDUAL(S) ❑ PARTNER(S) ❑ GUARDIAN/CONSERVATOR ❑ CORPORATE ATTORNEYINFACT ❑ OTHER OFFICERS ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ATTENTION NOTARY: Although the information requested below Is OPTIONAL, it could prevent fraudulent taehment or this certificate. THIS CERTIFICATE MUST Document Title or Type: BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages: Document Date: HEREIN: Signer(s) other than named above: Aft UN -A9016 (Rev 6/94)5! MW is 194 10:09 4UNOIS�A4ERY 44969690 P.e P.06 BOND NO: 004003791 Premium included with LA60K AND MATEWAL5 BOND ond. ... KNOW ALL :NEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Kuno's Crawler & Backhoe Service License No. 54029 hereinafter designated as "Principal", a Contract for La.,Novja;,-trogion Control in" San, Juan Capistrano t 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 Kuno Is Crawler & Backhoe Service , Principal, and AMHEST SURETY INSURANCE COMPANY as Surety are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of _ Fifty Five Thousand gay%" jWUA=1 & Fifty DOLLARS ($ 55, 750.00 ), 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 CONDIT(ON 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 of the work contracted to bd 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 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 J KUNOA5iAVERY 7144999690 - - P.07 NOV 18 094 10:09 • ; P.9 BOND NO: 004003791 shall Inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to glve 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 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 duly executed by the Principal and Surety herein named on the -�3rd day of November , 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. ZAPPOVER AS TO ORM. CITY ATTORNEY Page 2 - Labor & Materials Bond KUNO'S CRAWLER & BACKHOE SERVICE PRINCIP AMdEST SURETY INSURANCE COMPANY SURETY ,, z MAX E./KALDENBORG, ATTORNEY^IN-FACT Amwest Amwest Surety Insurance Company State of CALIFORNIA County of ORANGE On 11/23/94 before me, Notary Public, personally CAROL L. WEAVER MAX E. KALDENBERG 0 NOTARY ACKNOWLEDGMENT (here insert name) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. $ ��nGAROLL VS F+LF*c �, icy QJrfIGI. Eg1iB8 April 3, t85f's J Signa re (Seal) UN -A9016 (Rev 6/94)Q CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING AME OF PERSON(5) OR ENTITY(IES) �J INDIVIDUALS) PARTNERS) ❑ GUARDIAN/CONSERVATOR PARTNERS) CORPORATE A ATTORNEY IN FACT ❑ OTHER OFFICERS ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent frau tent attchmerd of this certificate. THIS CERTIFICATE MUST Document Title or Type: BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages: Document Date: HEREIN: Signers) other than named above: i UN -A9016 (Rev 6/94)Q 1, 041 ISodn If lilrrl, .1.t ,I Pd Ih l� I,1 h I r 1 hc'i ric! it I 1" :0 Id I J�'l 40T VALID FOR 804DS POWLR N1 MBER ON OR AFTER 0405149 10-13-95 READ CAREFULLY- To be used pulp in conjuction with the bond specified herein This document is printed on multicolored security paper with black and red ink, with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the"Company"), does hereby make, constitute and appoint: MAX E. KALDENBERS AS AN EMPLOYEE OF AMMEST SJRETY INSURANCE COMPANY its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: 3id Bonds up to $##1,000,000.00 Contract (Performance & Payment), Court, Subdivision $##3,000,000.11 _icense & Permit Bonds up to $u#1,000,000.00 •liscettaneous Bonds up to S**1,000,000.00 Small Business Administration Guaranteed Bonds up to $##1,250,000.fl and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. d number 004003791 .Signed and sealed this 23rd day of November 1994 0000405149 — 64 � Kaicn G. Cohen lecretary V ' 4. • AYES: NOES: ABSENT: 0 Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash None None The Minutes of the Regular Meeting of March 7, 1995, were approved as submitted. The List of Demands dated March 15, 1995, in the total amount of $529,538.70 was received and filed. The City Treasurer's Report of Cash Fund Balances for the month of February 1995 in the total amount of $143,311.84 was received and Sled. SERVICE) (600.30) As set forth in "ort dated April 4, 1995, from the Engineeringd Building Director, the following Resolution was adopted declaring the Capital Improvement Project consisting of the construction of permanent erosion control along La Novia Avenue from Valle Road easterly to be complete: SERVICE) - A RESOLUTION OF THE CITY COUNCILL F THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARIN 1i WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS OR THE LA NOVIA EROSION CONTROL PROJECT EASTERLY OF V kLLE ROAD WJNO'S CRAWLER AND BACKHOE SERVICE) The Resolution accepted the work as complete in the amount of $65,80.74 and directed the City Clerk to forward a Notice of Completion to the County Recorder. I Staff was authorized to release the 10% retention in the amount of $6,583.07 thirty-five (351) days after recording the Notice of Completion. City Council Minutes -4- 4/4/95 A F • • In response to an inquiry by Council Member Jones regarding sandbags on Valle Road, Mr. Huber indicated he would investigate and report back. As set forth in the Report dated April 4, 1995, from the Engineering and Building Director, the following Resolution was adopted declaring the construction of a drainage system at 32532 Alipaz Street, Assessor's Parcel Nos. 121-171-46 and 121-171-47, by Thomas A - Forster to be complete: (THOMAS A- FORSTERIGENERAL PLAN AMENDh*M 88-1) -A RESOLUTION OF THE CITY COUNCIL OF THE CITYF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WO TO BE COMPLETED AS TO PLANS AND SPECIFICATIO S FOR THE CONSTRUCTION OF A DRAINAGE SYSTEM AT 3 532 ALIPAZ STREET, SAN JUAN CAPISTRANO (ASSESSOR P CEL NOS. 121-171-46 AND 121-171-47) (THOMAS A. FORS CHO RV STORAGE) The Resolution accepted the work as complete and directed the C ty Clerk to forward a Notice of Completion to the County Recorder. Staff was aut#orized to release the corresponding bond in the amount of $118,800 representing 100% of the City Engineer's estimated cost for the project. As set forth in the Report dated April 4, 1995, from the Engineeringand Building Director, the following Resolution was adopted declaring the installation of the Rosenbaum storm drain to be complete: HAULING) - A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARI BE COMPLETED AS TO PLANS AND SPECIFICATIt INSTALLATION OF THE ROSENBAUM STORM DR) CAPITAL IMPROVEMENT PROJECT NO. 139 (Pj BOBCAT AND HAULING) THE CITY WORK TO FOR THE SYSTEM, FIC WEST Citv Council Minutes -5- 4/4/95 AGENDA ITEM April 4, 1995 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Notice of Completion and Final Report - La Novia Avenue Erosion Control Project (Keno's Crawler and Backhoe Service) RECOMMENDATION By Resolution, determine that the work for the Capital Improvement Project? La Novia Erosion Control Project, 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 recording and authorize Staff to release the 10 percent retention in the amount of $6,583.07 thirty-five (35) days after the recordation of the Notice of Completion. SITUATION A. Summary and Recommendation This urgency action project provided permanent erosion control along La Novia Avenue from Valle Road easterly and eliminates the continual need for sandbagging piior and during each winter season, as well as improving the appearance of the area. The construction of this project has been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. B. Background A project was budgeted in the 1994-1995 Capital Improvement Program to provide permanent erosion control along La Novia Avenue from Valle Roadj easterly. This was proposed to eliminate the continued need for sandbagging prior to eagh winter season and eliminate the blighted appearance from the decaying erosion devices currently in place. On November 15, 1995, the City Council was advised that, although some preliminary engineering work had been done, in order to complete the installatio* prior to the winter season, it would be necessary to declare an urgency, delegate authority to the City Manager and waive the formal bid process for all construction -related issipes. This included engineering selection and agreements, construction bid process, finalling project and release of any construction bonds. FOR CITY COUNCIL AGEN _ 4 0 AGENDAITEM -2- 1995 Based on Staff recommendations, the City Council declared the La Novia Erosion Control Project to be an urgency project due to the potential risk to health and safety and potential for damage to public property from hillside erosion. The formal bid process was waived for design and construction of the La Novia Erosion Control Project and the City Manager was authorized to act as the approving authority for purposes of entering into consultant agreement, awarding construction contract, accepting public improvements and releasing bonds. The City received bids from three contractors for the La Novia Erosion Control Project. The bids were as follows: Kuno's Crawler and Backhoe Service J. D. Burns DWE Enterprises $55,750.00 $56,813.00 $59,185.75 The contract was awarded to Kuno's Crawler and Backhoe Service for $55,750.00 and work began in early December and was completed on February 17, 1995. • I 1 • . • • I • 1 11 - WO FINANCIAL CONSIDERATIONS During the course of the project, a change order was approved for $4,614.08 for riemoval of sandbags and shoulder grading along La Novia Avenue above Valle Road. Additional items of work, including lowering of the manholes at a cost of $140.00 and adjustments, in estimated quantities resulted in a final project cost of $65,830.74. The proposed mid -year budget adjustments show $77,000 for the La Novia Erosion Control Project. A summary of final cost allocations is as follows: Engineering $5,70.00 Construction $65,8310.74 Administration and Inspection $1-600.00 Total Cost $73,1 0.74 NOTIFICATION Kuno's Crawler and Backhoe Service 0 9 AGENDA ITEM -3- April 4, 1995 ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. RECOMMENDATION By Resolution, determine that the work for the Capital Improvement Project` La Novia Erosion Control Project, 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 recording and authorize Staff to release the 10 percent retention in the amount of $6,583.07 thirty-five (35) days after the recordation of the Notice of Completion. Respectfully submitted, 4k4u_ ber, P. . WMII/LE: ssg a:\agendas\441anov.les Prepared by AidsoG sem, 'V'e Les Evans, P.E. Project Manager RESOLUTION NO. 9S-4-4-1 Iu'11 1 \1 /: CI 1\ 1\ IM ':11 3[41 N �VRUKLIWKWA;1'11 91 DI 1 "M IJ -AXICN.01*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 LA NOVIA EROSION CONTROL PROJECT EASTERLY OF VALLE ROAD (KUNO'S CRAWLER AND BACKHOE SERVICE) WHEREAS, on the 20th day of December, 1994, the City of San Juan Capistrano entered into a contract with Kuno's Crawler and Backhoe Service, 3163 14clindao, San Clemente 92672, for the La Novia Erosion Control Project; 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: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $65,830.74. 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 1995. CAROLYN NA9K YOR ATTEST: [a] 101 lei WET 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. 95-4-4-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 4th day of Aori 1 1995, by the following vote: AYES: Council Members Jones, Hart, Campbell, Swerdlin and Mayor Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JORNSON, CITY CLERK -2- G Adoption of Resolution Approving the Initiation of the General Plan Amendment Process for Gener&LEJAQ Amendment 94-2: It was moved by Council Member Jones, seconded by Council Member Hausdorfer, that the following Resolution be adopted: CAPISTRANO, CALIFORNIA, INITIATING GENERAL PLAN 94-2 AND REZONE 94-6 FOR THE PROPERTY LOCA{ SOUTHWEST CORNER OF ORTEGA HIGHWAY AND R) D AT THE CHO VIEJO ROAD, ASSESSORS PARCEL NUMBERS 666-241-01, -02, -14 AND -05 TO PERMIT A SENIOR HOUSING PROJECT (KAUFMAN AND BROAD) i The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell NOES: None ABSENT: Council Member Vasquez /�: •' •:u: :It ':est IL • t 7- 4 sell . 1 Report dated November 15, 1994, from the Director of Engin ring and Building, recommending that the La Novia Erosion Control project be declared an t rgency project based on the finding of potential risk to health and safety, that the formal bid 1 irocess be waived for the design and construction of the project, and that the City Manager be authorized to act as the approving authority for entering into a consultant agreement, awarding construction contract, accepting public improvements, and releasing bonds. Declaration of Urge= Project. Waiver of Formal Bid Process- Aad rocessand Authorization to City Merger to Act as Approving horny: It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried that: i (1) This project be declared an urgency project based on the finding that potential risk to health and safety and potential for damage to public property exis from hillside erosion on La Novia Avenue near Valle Road; City Council Minutes -17- 11/15/94 (2) The formal bid process be waived for the design and construction of the project; and (3) The City Manager be authorized to act as the approving authority for entering into a consultant agreement, awarding construction contract, accepting public improvements, and releasing bonds. �glvlwl a q • : C I 1 Written Communications: (1) Report dated November 15, 1994, from the Director of Engineering and Building, forwarding the request by Glenfed Development to have the City accept the dedication of existing park land at La Novia adjacent to San Juan Creek and the San Juan Creekbed lands as f ff ling the final requirements for Areas C, D, and H. The Report recommended that the request be denied at this time in order to allow the Parks, Recreation and Equestrian Commission to review the request prior to City Council consideration. (2) Letter dated October 19, 1994, from Lee Johnson of Lockman Associates to Rick Curtis of Glendale Federal Bank, stating his understanding that the dedication of the 50f acres to the City would fulfdl the park land dedication requitement r all of the remaining Glenfed property, including Parcels C, D, and H. Mr. Huber indicated that staff had researched the fees paid by Glenfed their conchrsions with Glenfed. He stated that Glenfed supported the su deny the request at this time in order to allow review by the Parks, Recl Commission. It was moved by Council Member Nash, seconded by Council Member carried that the request by Glenfed to credit park land dedication require) 13726 be denied and referred to the Parks, Recreation and Equestrian and recommendation. uI ►I• uM's :0033l AI l 6721• Y• .: ' 1 •MONI OWN •rAJI• • lull .1 • 1 1 Written Communication: Report dated November 15, 1994, from the Director of Eng recommending that the draft Ordinance be introduced amending Ti Municipal Code to permit new speed limit postings, speed limit reductio limit postings, and speed limit increases in certain areas of the City. The based on the City -Wide Speed Limits Study (Engineering and Traf prepared in accordance with California Vehicle Code requirements. date and discussed recommendation to tion and Equestrian and unanimously for Area H, Tract ission for review ;ring and Building, 4, Chapter 6 of the new advisory speed ommendations were Survey), which was City Council Minutes -18- 1 11/15/94 AGENDA ITEM November 15, 1994 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Waiver of Formal Bid Process (Urgency Action) - La Novia Erosion Control Project (CIP #143) It is recommended that City Council, by motion: 1. Declare this to be an urgency project based on a finding that potential ri�k to health and safety and potential for damage to public property exists from hillside erosion on La Novia Avenue near Valle Road; 2. Waive the formal bid process for design and construction of the La N�ovia Erosion Control Project; and 3. Authorize the City Manager to act as the approving authority for purposes of entering into consultant agreement, awarding construction contract, accepting public improvements and releasing bonds. A. Summary and Recommendation In order to complete the La Novia Erosion Control Project prior tote heavy winter rainy season, it is necessary to declare the project an urgency item based n the recommended findings of potential risk to health and safety. In so doing, it is r recommended that certain functions be delegated to the City Manager in order to maint ' the project schedule. B. Bac and A project was budgeted in the 1994-95 Capital Improvement Program o provide permanent erosion control along La Novia Avenue from Valle Road easterly. his was proposed to eliminate the continued need for sandbagging prior to each winter sea son and eliminate the blighted appearance from the decaying erosion devices currently in pt Lce. FOR CIT1f COUNCIL AGENDI 0 AGENDA ITEM -2- November 15, 1994 Some preliminary engineering work has been done but, in order to complete the installation prior to the winter season, it is necessary to declare an urgency, delegate authority to the City Manager and waive the formal bid process for all construction -related Tissues. This includes engineering selection and agreements, construction bid process, finallipg project and release of any construction bonds. For this to be an urgency project, Council must make findings that there is a threat to the public health and safety. Should this project not be complete prior to he heavy winter rain period, the existing deteriorated erosion control will not function adequ tely to control water and silt from entering the roadway thus threatening the health and si fety of the motoring public. Additionally, under current law, cities are required to preven silt and debris from entering the flood channels. Without upgrading the erosion protecti n, this cannot occur. For these reasons, we believe the finding of a risk to health and safety i appropriate and the project should be declared an urgency. It is anticipated that only hydroseeding of the bare slopes can be acco}nplished prior to the winter rains. Trees will be considered under a second phase in the Sp 'ng_ COMMISSIONBOARD REVIEW AND RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS $75,000 is budgeted in the Council -approved 199495 Capital Improvement Program for this project and should be adequate to complete the project. This will save the City c Sts of replacing the sandbags estimated at $5,500. PUBLIC NOTIFICATION None ALTERNATE ACTIONS Approve the waiver as recommended. 2. Do not approve the waiver. 3. Return to Staff for additional information. 0 • AGENDA ITEM -3- November 15. 1994 It is recommended that City Council, by motion: 1. Declare this to be an urgency project based on a finding that potential risk to health and safety and potential for damage to public property exists from hillside erosion on La Novia Avenue near Valle Road; 2. Waive the formal bid process for design and construction of the La Is ovia Erosion Control Project; and 1 Authorize the City Manager to act as the approving authority for pu oses of entering into consultant agreement, awarding construction contract, accepting pub is improvements and releasing bonds. Respectfully submitted, William M. Huber Director of Engineering & Building WMH:ch CALOORNIA PRELIMINARY NICE' I U ; ; IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL BODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR (�2W -30 YOU ARE HEREBY NOTIFIED THAT ... CONSTRUCTION LENDER or Reputed Construction Lender, if any NONE REPORTED •r •c J "'R r 1• . (name of pe kn or rm furnishing labor, services, equipment or material) lv)x ')1E (address of person or firm furnishing labor, services, 4TAN'PON ,_ 1.A �I0o>;i) equipment or material) has furnished or will furnish labor, services, equipment or materials of the following general description: i'i. 1' AOp,HFGATF^L HAnE %Nf) Oti (general description of the labor, services, equipment or .. AF,3 IiA i."/r'LINCPLETF DI ;P(�r'11))., material furnished or to be fumishsd) for the building, structure or other work of improvement located at; NnIi r q& U;,] L Y (address or description of job site PUBLIC AGENCY SAN TT1AN 4 API E RANO (on public work) sufficient for identification) F O:'.'iY JF SAN UAN CAPiST AA1VC 2,41,'0 PASED ALIE!,AN'TC KhNG i -A "1t?. F t:, R1.361.5 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: -- — — -- KUNU' S CRAWLER & BACKhOE EConstruction loan no. (if known) R ORIGINAL CONTRACTOR or Reputed Contractor, if any C O KUNO'S CRAWLER & BACKHOE 3163 INCLINADO 1 P SAN CLEMEnE CA Y SUBCONTRACTOR with whom claimant has contracted SAME A;3 ORIGINAL CONTRACTOR An estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) (name) (name) (address) (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's Ilan leading to the loss, through court foreclosure proceedings, of all or part of your property being se improved may be placed against the property even though you have paid your contrac- tor in full. You maytsh tq,protect yourself against this con- sequence by (1) reqilli your contractor to furnish a signed release by -the perspWvVditime,giving you this notice before making payment toour contractor or (2) any other method or device that is appropriate under the circumstances. Dated: signature (title) I fi ".aq"1.4'_,J Telephone Number This form (N0. 594C Revised 1/1/95) @Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 +"L C& Irv- Q%AJ 4D WNER -+P or Jr Reputed Owner (on private work) •r •c J "'R r 1• . (name of pe kn or rm furnishing labor, services, equipment or material) lv)x ')1E (address of person or firm furnishing labor, services, 4TAN'PON ,_ 1.A �I0o>;i) equipment or material) has furnished or will furnish labor, services, equipment or materials of the following general description: i'i. 1' AOp,HFGATF^L HAnE %Nf) Oti (general description of the labor, services, equipment or .. AF,3 IiA i."/r'LINCPLETF DI ;P(�r'11))., material furnished or to be fumishsd) for the building, structure or other work of improvement located at; NnIi r q& U;,] L Y (address or description of job site PUBLIC AGENCY SAN TT1AN 4 API E RANO (on public work) sufficient for identification) F O:'.'iY JF SAN UAN CAPiST AA1VC 2,41,'0 PASED ALIE!,AN'TC KhNG i -A "1t?. F t:, R1.361.5 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: -- — — -- KUNU' S CRAWLER & BACKhOE EConstruction loan no. (if known) R ORIGINAL CONTRACTOR or Reputed Contractor, if any C O KUNO'S CRAWLER & BACKHOE 3163 INCLINADO 1 P SAN CLEMEnE CA Y SUBCONTRACTOR with whom claimant has contracted SAME A;3 ORIGINAL CONTRACTOR An estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) (name) (name) (address) (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's Ilan leading to the loss, through court foreclosure proceedings, of all or part of your property being se improved may be placed against the property even though you have paid your contrac- tor in full. You maytsh tq,protect yourself against this con- sequence by (1) reqilli your contractor to furnish a signed release by -the perspWvVditime,giving you this notice before making payment toour contractor or (2) any other method or device that is appropriate under the circumstances. Dated: signature (title) I fi ".aq"1.4'_,J Telephone Number This form (N0. 594C Revised 1/1/95) @Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 CAIMORNIA PRELIMINARY WICE 244.1 J'r r ` IN ACCORDA CE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR CONSTRUCTION LENDER or Reputed Construction Lender, if any If any information contained herein is incorrect, please romi'act the undersigned: Lyman's Ready iviixed Concrete. (714) 492-7272 OWNER or PUBLIC AGENCY or Reputed Owner (on public work) (on private work) W N EConstruction loan no. R ORIGINAL CONTRACTOR or Reputed Contractor, if any CKunu r ti O3103 �z.clinaro C:', 92ii72 P Y / 9/gam ,3 az_ SUBCONTRACTOR with whom claimant has contracted YOU ARE HEREBY NOTIFIED THAT ... (name of person or firm furnishing laDOr, services, equipment or material) (address of person or firm furnishing labor, services n _.: (:1_t : r r . equipment or material) has furnished or will furnish labor, services, equipment or materials of the following general description: (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at: __.� :: (2,"._r, ,,._ V.i i I,. (adtlress o -description of job site sufficient for identification) The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: An estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: (if known) $ ; , t. ", U Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) (address) (name) (address) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of 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 con- sequence by (1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. 7 G� 1nc1:n Qv Dated: , signature (title) Telephone Number ( I ) This form (No. 594C Revised 1/1/95) @Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 Revised atitt�i�t® CERTIF[CA OFT INSU C9 � ISSUEDATE (2/ OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 12/ 994 POoUUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Schell & Eggert CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE gg DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 7901 Raytheon Rd POLICIES BELOW. San Diego, CA 92111 COMPANIES AFFORDING COVERAGE (619) 541-7177 $ 1,000,00C X 'COMMERCIAL GENERAL LIABILITY 91644.9477269 o.oMPANY A A.I.S.L.I.C. f 1, 0 0 0, O O C CORY B PACIFIC NATIONAL INSURANCE CO. INSURED S 50, 0 0 C KUNOIS CRAWLER & BACKHOE ��RY C SERVICE .... _.............. 3163 INCL INADO COMPANY D SAN CLEMENTE, CA 92672 LETTER _. 5 00d COMPANY E COMBINED SINGLE LEDER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ''POLICY EXPIRATION LIMOS ''. .7R'. OAIE (MMND/YV) DATE (MMNDAY) A GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,00C X 'COMMERCIAL GENERAL LIABILITY 91644.9477269 PRODUCTS-COMP/OP AGG. f 1, 0 0 0, O O C CLAIMS MADE X OCCUR. 11/30/94 - 11/30/95 PERSONAL S ADV INJURY S 50, 0 0 C ' OWNER'S 8 CONTRACTOR'S PROT - EACH OCCURRENCE $ S O O O O C .... _.............. FIRE DAMAGE (Any we fire) $ 5 0 , 0 0 C ' MED. EXPENSE (My one parean).S 5 00d ,AUTOMOBILE LIABILITY COMBINED SINGLE 8;.......... ANY AUTO BCP2417472 :LIMB 'S 1, 000, OOC ALL OWNED AUTOS 11/30/94 11/30/95 BODILY INJURY X SCHEDULED AUTOS (Per pawn) S X HIRED AUTOS . BODILY INJURY X :, NON -OWNED AUTOS - : (Per ec0'idenf) 'S GARAGE LIABILITY PROPEFiIY DAMAOE $ EXCESS LABILITY .. .......... .......... EACH OCCURRENCE S 'UMBRELLA FORM ..... _... .._........ ;AGGREGATE ............ ......... $ OTHER THAN UMBRELLA FORM ...... WORKER'S COMPENSATION - STATUTORY LIMITS AND EACH ACCIDENT ._._.. __._.. S ............... ........ _ DISEASE - POLICY LIMIT 'S EMPLOYERS' WIBILITY .>.... ....._..... ................ .:.._..... .......... .. _.............. DISEASE - EACH EMPLOYEE -S OTHER ...._.... ... ............. ._............. ........_...... ............. ....._.. GESCRPIKIN OF OPEIATM)NSILOCATpNB/VENICLE&SPECML ITF/I6 ALL OPERATIONS CITY OF SAN JUAN CAPISTRANO COMMUNITY DEVELOPMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED ENDORSEMENT IF YOU ARE REQUIRED TO ADD ANOTHER PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED ON THIS POLICY UNDER A WRITTEN CONTRACT OR AGREEMENT CURRENTLY IN EFFECT OR BECOMING EFFECTIVE DURING THE TERM OF THE POLICY AND A CERTIFICATE OF INSURANCE LISTING THAT PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED HAS BEEN ISSUED, THEN WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INISURED THAT PERSON OR ORGANIZATION (CALLED "ADDITIONAL INSURED"). THE INSURANCE FOR THAT ADDITIONAL INSURED IS LIMITED;AS FOLLOWS: 1. THAT PERSON OR ORGANIZATION IS ONLY AN ADDITIONAL INSURED FOR ITS LIABILITY ARISING OUT OF "YOUR WORK" FOk OR ON BEHALF OF THIS ADDITIONAL INSURED; AND 2. THE LIMITS OF LIABILITY FOR THE ADDITIONAL INSURED ARE THOSE SPECIFIED IN THE WRITTEN CONTRACT OR AGREEMENT, OR IN THIS POLICY, WHICHEVER IS LESS. THESE LIMITS ARE INCLUSIVE OF AND ARE NOT IN ADDITION TO THE LIMITS OF INSURANCE SHOWN IN THE DECLARATIONS; AND 3. ALL OTHER POLICY TERMS, CONDITIONS AND RESTRICTIONS ALSO APPLY INCLUDING, BUT NOT LIMITED TO THE "OTHER INSURANCE" PROVISIONS. THIS ENDORSEMENT AND ANY COVERAGES PROVIDED HEREIN APPLY ONLY TO THE POLICY TO WHICH IT IS ATTACHED AND IS NOT EXTENDED TO ANY OTHER POLICY ISSUED TO THE INSURED. PREMIUM: INCLUDED. LAC -AD 1992 i 6 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 5, 1994 POLICY NUMBER: 1030158 - 94 CERTIFICATE EXPIRES. 7-1-95 r CITY OF SAN JUAN CAPISTRANO BUILDING & SAFETY DEPARTMENT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 L JOB: EROSION CONTROL FOR LA NOVIA AVE. EE -5 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. EMPLOYER'S LIABILITY LIMIT EMPLOYER $1,000,000 PER F KUNG, RACHEL MARGUERITE AND GREGORY ALAN DBA: KUNG'S CRAWLER & BACKHOE SERVICE 3163 INCLINADO SAN CLEMENTE CA 92672 OCCURRENCE. X "A PRESIDENT 0 n r � c� rn rnx~ CIJ L O W N E R C O P Y CALIFOFWIA PRELIMINARY USE DECLARATION OF ERVICE OF CALIFORNIA PRELIMINARY 20 -DA (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098, CALI CONSTRUCTION LENDER or Reputed Construction Lender, if any FOLD HERE OWNER or PUBLIC AGENCY or Reputed Owner (on public work) (on private work) CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto S.J.C., CA. 92675 L J Construdion loan ro. (d known) FOLD HERE ORIGINAL CONTRACTOR or Reputed Contractor, if any 20-Y NOTICE Y NOTIC ON BACK OF BLUE FILE COPY FORMA CIVIL CODE YOU ARE HEREBY NOTIFIED THAT... KUNO'S CRAWLER & BACKHOE SERVIC lame a d .&il— ar c ..... .. mm+enmq 3163 Incli ado San Clemen a CA. 92673 has furnished or will turn sh labor, services, equipment or materials of the following general de cription. Tractor's erator's labor, l....,el ee-W— d the i.m,, mes. w��w..m a mamma . fi,— .,'e be h.mahedl eental trucking, Equip., pipe,e for the building, structure or other work of improvement located at: La Novia elle Road fads.... ad- "— of pb en.mr e.mmw,o�l La Novia E osion Control Projec Permit No.194-197E The name of the person or firm who contracted for the purchase of such labor, services, equipmen( or materials. Les Evens Ond William Huber. NOTICE !TO PROPERTY OWNER If bills are not paid in full for the labor, services, equip - Intent, or materials 1 furnished or to be furnished, a mechanic's lien leaping to the loss, through court foreclosure proceedin s, of all or part of your property being so improved ay 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 contraittor to furnish a signed release by the person or firm giving you this notice before making payment tc your contractor or (2) any other method or device which is I+ppropriate under the circumstances. The person or firm giving` this notice is required, pursuant to a collective bargaining agreement, o pay supplemental fringe benefits into an express trust fund (described in Civil Code §3111), said fund is idemo- fied as follows: (strike It applicable) (—.1 Lm.a1 laem.l led6e.al Mailed this date: E tc t. An estimate of the total price of the labor, services, equipment or materials furnished or Q3 be furnished is: S (PLEASE NOTE REVERSE SIDE) WOLCOTTS FORM 151 OD Duadruplicate) Rev. 3.94a (pine class 13D) 01994 WOLCOTTS FORMS. INC. For your assistance the'oiiowing complete text of Section 3C97, Section 3097.' and Section ?OPE of the Caii'ornia Civil Code are hereafter q! toted. ShouiC you `ave anv do!rbt as er "mo usefulness of this form for your purposes you are urged to Or 'I your own attorney. 13097 Pref eeiro ry'20 day notice (private work). 'our i, - t sy n urn p.1, vto worl means a whuer Fell ce born a claimants that is given prior to the recording of a moth am cis lien and prior to the fllmg of a stop notme, and is aqu,m. to be given undoI t I.H okmg .,doom ti nch s (a) Wrluen preliminary notice r parties- Except one under direct contract with the owner or ane ard.m nig ectua labor for wagers, or 3h ..press rust fund described a .,ecrdu 3,-1,lulu, person who furnishes labor, service, equipment or material for wbuh a ben stherwlse cep b t darned under this title, or for which a notice to withhold can otherwise be given under HIS title, mustas a necessary prerequisite lathe validity of any claim of lien, and of a notice to withhold, cause to be given to the owner or reputed owner, to the original contractor, or reputed connector, 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 funtl tlescribed in Section 3111, all persons who have a direct contract with the owner and who furnish labor, service. equipment or malarial 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 lentler, it 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) motion given not later then 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 furnished pro be f urnlshed, and if there is a construction lender, he shall be furnished 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 marshals (3) The name of the person who contracted for purchase of such labor, semce, 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 farina labor, services, equipment, or materials furnished or to be furnished, a mechanics ban leading to the loss, through court foreclosure proceedings, of all or pan of your property, being so improved may be placed against the property even though you have pard 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. (6) If such bounce is given 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 3111, 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 tlays after the work of improvement has commenced shall be deemed to have complied with subdivisions (a) and (b) with respect to architectural, engineering, or surveying services furnished or to be furnished. (d) Election not to give preliminary notice; subsequent rights. If labor, service, equipment, or materials have been furnished to a )opens by a person who elected not to give a preliminary notice es provided in subdivision (a) or (b). such person shall not be precluded from giving a preliminary notice not later then 20 days after lurnfshing other labor, service, equipment, or materiels to the same )obsite. 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 semce of such notice, and at any time thereafter. (a) 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) It the person to be notified resides in this state, by delivering the notice personalty, or by leaving d at his address of residence orplace of business with some person in charge, or by host class registered or codified 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 (1) of this .action. (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 compact or registered of addressed to the construction lender or to the original contractor. (3) When service is made ey first -clues ce"Ified or registered mail, service is complete at the time of the deposit of such registered or candied mail. (g) Single notice; additional material, service, labor or equipment. A person required by this section to give notice to the owner and to an original contractor, 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 antl to the person 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 subcontrac- tor, in which event, the notice requirements must be met with respect to materiels, services, labor, or equipment furnished to each such contractor. If a notice contains a general description required by subdivision (a) or (0) 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 furnishes materials, services, labor, or equipment not within the scope of such general description. (h) Disciplinary action against Contractors and subcontractor*. Where the contract price to be paid to any subcontractor on a particular work of improvement exceeds four hundred dollars (5400), the failure of met 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 prop nos for disciplinary action by the Registrar of Contractors. Who,. s r_ , sten"" mlaur u e I smote don of lorIt, w paragraph Ie) or subdivision L=� a failure mgivesuch notice, Including such mf,mouon, that rns,lts,, the pFing of ben or the deuvery of a eu p -ohm, by fire express trust mr^_ 1,.hin such obligar m is owing consul utas grounds forthe din. phnary acimn by the Eugene' of C antes'.¢ against met subcontractor tl the amount due such ;rust turd is nm paid (1) Construction lender; designation or permit epplic.U.m. Every coy -county, city and county, or offer .uv, Irmenle authority Issuing building permits shall, In Its application Corm for a building permit, provide space and a designation for Ire applicant ro enter the name. branch, tlesignatron, if any. and address of the consnuclion lender and shall keep the information on free open for public inspection during the regular business hours of the authority If mere is no known conshucthr, lender- that fact shall be ruled in such designated space- Any failure to militate the name and address of the construction lender on such application, however, shell not reeve any person from the obligation to give to the construction fender the notice required by this sermon Q) 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 improvements on real property, shall bear the designation'Construction Trust Dead' prominently on its face and shall state all of the following (1) the name and address of the lentler, 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 at 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 r. recorded shall indicate in the general index of the .",cut 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 agreement 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, if 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 lobsite 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 lob, 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. (1) Contract; name and address of owner; Information to Parson 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 it any. The original contractor shall make available the name and address of residence of the owner to any person seeking to serve notice required by this section. 13097.1 Proof of service o1 preliminary 20 -day notice, proof o1 service affidavit; receipt. Proof that the preliminary 20 day notice required by Section 3097 was served in accordance with subdivision (1) of Section 3097 shall be made as follows. of If servetl by mail. by the proof of service affidavit described in subdivision (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 maintained 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) II 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). or A'proof of service affidavit' is an affidavit of the person making the service, showing the time, place and manner o1 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 preliminary 20 -day notice was served, and, it appropriate, the title or capacity in which he was served. 53096, Preliminary 20-dey notice (public work), atop notice; service; disciplinary 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 furnishing labor or materials fora public work who has not been paid therefor to fila a stop notice with the public agency concerned, and thereby cause the withholding of payment from the contractor for 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 Isle such a notice, but no payment shall be withhold 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 disbursing 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 coddled mail. (b) Where the contract price to be paid to any subcontractor an a particular work of Improvement exceeds four hundred dollars ($400), the failure of that contractor, licensed under Chapter 9 (commenc- ing with Section 7000) of Divis)on 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 appy to an express trust fund described in Section 3111. J December 20, 1994 pnuxrxxxru ' mNusxm 1961 1776 Kuno's Crawler and Backhoe Service 3163 Inclinado San Clemente, California 92673 mor, wive mis I Gentlemen: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL W ATT HART OIL JONES CAROLYN NASH DAVID SWEROUN CITY MANAGER GEORGE SCARBOROUGH At their meeting of November 15, 1994, the City Council of the City of an Juan Capistrano authorized the waiver of the formal bid process for the La Novia and Valle R ad Erosion Control project. Staff has reviewed the bids received for the project and determineo your bid to be the lowest responsible bid received. A fully -executed copy of the agreement is enclosed for your records. The City has received the insurance required in Section 7 of the contract. Thank you for your coo perbtion. If we can be of further assistance, please call. Very truly yours, 04-� Cheryl Johns 9'� City Clerk Enclosure cc: Director of Engineering and Building (with copy of contract) Les Evans (with copy of contract) Accounts Payable (with copy of contract).L A0. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 9267 • (714) 493-1171 0 maeuseG � 1961 1776 April 17, 1995 Kuno's Crawler and Backhoe Service 3163 Inclinado San Clemente, California 92673 1101 MITUFMOMP50 1 71 1111 Gentlemen: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WATT HART GILJONES CAROLYN NASH DAVID SWERDLIN CITY MANAGER GEORGE SCARBOROUGH At their meeting of April 4, 1995, the City Council of the City of San JuanCapistrano adopted Resolution No. 95-4-4-1, accepting the work completed for the La Novia Ero�ion Control project in the amount of $65,830.74. A copy of Resolution No. 95-4-4-1 is enclosed for your information. The retention will be payable upon 35 days from recording the Notice of Comletion. The Notice was recorded on April 13, 1995; therefore, the final payment, in the amountpof $6,583.07, may be released on May 18, 1995. If you have any questions, please do not hesitate to call. Very truly yours, Cheryl Johns City Clerk Enclosure cc: Director of Engineering and Building Les Evans, Project Manager Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92674 0 (714) 493-1171 0 9 April 5, 1995 RECEIVED 2 43 � °`LL +e CIUMCIL CAMPBELL R FER UL JONES -..I Y CLE RN CAROLYN NASH ptRTKCNT JEFF YASOUEz _- `; S "6RY MANAGER r, r, - ` H A H GEORGE SCARBOROUGH Recorder's Office - County of Orange P. O. Box 238 Santa Ana, California 92702 Re: Notice of Completion - Kuno's Crawler and Backhoe Service S/ / Gentlemen: The following document is enclosed for recordation: Notice of Completion of La Novia Erosion Control Project by Kuno's Crawler and Backhoe Service 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, Cheryl Joh Z on City Clerk Enclosure Doc nent Number Date I x MINA 59 L7GCI�'Y= 58FW�GR xms!R GR UwG T T H -A [J m 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171 J