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05-0301_DOTY BROTHERS EQUIPMENT_Preliminary Notice Page 1 of 1 Meg Monahan From: Eric Bauman Sent: Tuesday, June 06, 2006 10:44 AM To: Meg Monahan Cc: Peter Salgado; Michelle Perea Subject: RE: Well Site No. 5 - Doty Bros Meg: See status response below. Eric. -----Original Message----- From: Meg Monahan Sent: Monday, June 05, 2006 7:56 AM To: Peter Salgado Subject: Well Site No. 5 - Doty Bros What is the status of the contract? [EPB] Work completed March 2005. Complete? In complete? [EPB] Complete If incomplete Estimated completion date[EPB] NA Approx % complete[EPB] NA Final contract price (any change orders?) [EPB] See attached spread sheet of costs. If complete: Was there a retention? Has it been paid? Etc [EPB] Retention paid. The only outstanding item is the retention CSJC is to receive from OSE/FEMA. 6/6/2006 CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE*"*THIS IS NOT A LIEN.***THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. NOTICE IS HEREBY GIVEN that OWNER OR REPUTED OWNER OR PUBLIC AGENCY ROBERTSON' S CITY OF SAN JUAN LAPIS . 200 S MAIN ST 32400 PASEO ADELANTO CORONA CA 92878 SAN JUAN CAPISTCAN92675 (951) 685-2200 Has or will Furnish labor,services,equipment,or materials,generally described as: LENDER OR REPUTED END .R READY MIX CONCRETE, ROCK & SAND To be furnished or furnished for the building,structure or the work of improvement described as follows: RUSTY ANCHOR & CAPE BAY P DANA POINT q V W J.C .N. # 776053 z ORIGINAL OR REPUTE TUR Tract No. 1077-6053 c_ 0 Lot NO . INSTALL TEES & LINE STOPS STR. WRK DOTY BROS E�PMEPT CM Cert Num: 21245014 v� Name of Person or Firm who contracted for purchase of the labor,services, om M N:fl •r equipment,or materials is: v Y a,y DOTY BROTHERS SUBCONTRACTOR with wh�claimanp9s contracted 11232 E. FIRESTONE BLVD. NORWALK CA 90650 An estimate of the total price of said labor,services,equipment or materials is: 4, 449 . 20 ALSO NOTIFIED TENANT OR BONDING AGENT ***NOTICE TO PROPERTY OWNER*** IF BILLS ARE NOT PAID IN FULL FOR THE LABOR SERVICES EQUIPMENT OR MATERIALS FURNISHED ON TO BE FURNISHED A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS OF ALL OR PART OF YOUR PROPERTY BEING Sa 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 171 REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSONFIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TOYOUR CONTRACTOR OR ANY R OTHER METHOD DEVICE THAT IS TATE UNDER THE CIRCUMSTANCES.OTHER THANN RESIDENTIAL RESIDENTIAL HOMEOWNERS OFDWELLINGS CONTAINING FEWER THAN FIVE UNITS PRIVATE PROJECT OWNERS MUST NOTIFY THE ORO CONTRACTOR AN ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY20- DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL COPE THAT 4 NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 70 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFI PAYABLE REGISTERED MAIL CERTIFIED MAIL, OR FIRST-CLASS MAIL, EVIDENCE BY CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEALINES TO RECORD A LII&TED: 03 /23/2006 °AQP: STEPHANIE SPARKS *****PLEASE ISSUE JOINT CHECKS***** BY ROBERTSON'S 0i 9CF P.O. BOX 3600 + z f�6,' Y ..v;� •.=® .�' ','" ° CORONA, CA 92878-3600 •=a.�.,....iv.»�w.ouv�. $ 02.790 R 'JO�4�^56pn VAP -3 2::n MAILED FROPA ZIPCOOE 7106 1176 8852 1245 0145 IMPORTV I : CALIFORNIA PRELIMINARY NOTICE I:TY OF SAN JUAN C,, !'� . J 2400 PASEO hllEGAN SAN JUAN CAP] ST 92675 7s 65660 776053 CONSTRUCTION CONTRACT S� THIS CONTRACT is made and entered into, to be effective, this day of WVO-ZO05, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and Doty Brothers Construction Company, hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-1 SD Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: The Replacement of the Well Site No�reek Crossing Line. Work to include: the construction of 850 lineal feet of 12" HDPE, and all appurtenant work. Section 4. Plans and Specifications. The work is replacement work for the pipeline defined in the City's plan sets No. 0300, and 0306; the work is detailed the proposal by the Contractor dated January 28, 2005 (Exhibit A.) Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.6 CREEK CROSSING 8-2 Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within Ninety ( 90) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-3 Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-4 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-5 such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Fifty Dollars and No Cents ($50.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-6 Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Four Hundred Thirteen Thousand Five Hundred dollars and no cents ($ 413,500) as itemized on the attached Exhibit "A." Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-7 Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO. 5 CREEK CROSSING B-8 met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO. 5 CREEK CROSSING B-9 ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages: Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-10 and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-11 be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO. 5 CREEK CROSSING B-12 Public Liability, in the form of either Comprehensive General $1,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $1,000,000 aggregate, separate basis for this project. Automobile liability, including $1,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-13 this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO. 5 CREEK CROSSING B-14 E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-15 and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seq., regarding resolution of construction claims for any claims which arise between the Contractor and the City. Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: Gary McCredie Doty Brothers Construction Company 11232 E. Firestone Blvd. Norwalk, CA 90650 CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-16 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN `CA..PISTRANO By: DAVE ADAMS, CITY MANAGER CONTRACTOR By: _ Chris Christy, President ATTEST: y. C M rgaret R. Monahan, City Clerk APPROVED AST ORM: By: John t. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT WELL SITE NO.5 CREEK CROSSING B-17 Doty Brothers Construction Company 11232 E. Firestone B Norwalk, CA 90650 q telephone (562) 864-6566 facsimile (562) 864-6052 ': i January 28, 2005 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano California 92675 Attention: Eric Bauman Reference: San Juan Creek crossing 650 feet of HDPE with minimum 12" I.D. at well site #5 WS#5 line in the city of San Juan Capistrano. To: Eric: Doty Brothers Construction Company is pleased to provide to you a breakdown of the following work to be performed proposal for the above referenced project based upon the following drawings and specifications received in the pre job walk dated_1/14/054 SCOPE OF WORK: 1. Directional drill 650 feet under river crossing with 30 feet cover from the bottom of river. 2. Install HDPE SDR-11 with 160 lbs. PSI rating and 12 min. I.D. 3. Pressure test and chlorinate new installation. 4. Connect to existing 12" steel main at 4 to 5 feet of cover. 5. Survey location, depth and staking included to perform required installation. 6. Stand by time $1,200.00 a day 7. Performance and payment bonds included 8. 1 year warranty on workmanship and material provided. 9. USA alert to be included upon notice to proceed two working days required by agencies. 10. Start date upon notice within next day. CLARIFICATIONS TO SCOPE: • All engineering,permits, soil testing, inspection fees,agency connection fees and assessments by others. • Doty Bros. will not accept responsibility for damage to any unmarked or unknown substructures when reasonable care has been taken. • If we encounter any soils or material that are considered hazardous or contaminated by the Federal Government,the State of California or any other agency having jurisdiction or authority,any and all costs for the handling,storage, transportation,disposal, etc.,is to be treated as an extra to the contract. These additional costs and the responsibilities for these materials will be paid for and assumed by others. • If off set is required due to substructures,costs of off set including material shall go to Cost Plus. • When rock is encountered that cannot be excavated efficiently with the backhoe used on the job,alternate methods or means will be employed to excavate said rock. Such alternate methods are defined as the use of (1) larger backhoes,(2)hand held pneumatic hammers,(3)mobile mounted impact hammer,(4)rock drills and blasting and/or any other methods as may be deemed required. All costs incurred due to these alternative EXHIBIT A Doty Brothers Construction Company 11232 E. Firestone Norwalk, CA 9065060 telephone (562) 864-6566 facsimile (562) 864-6052 '- methods will be handled on a Time and Material basis to the contract. • Our proposal is based upon unapproved plans and is subject to revision based upon issuance of signed/approved plans. • In the event that this agreement is placed with an attorney to enforce its provisions, the prevailing party shall be entitled to reasonable attorney fees and costs. • This price is subject to the starting of construction within 90 days from this date. • Adequate access to work site to be provided by the Owner/Agency. • This proposal is based upon release of all retention money within sixty(30)days after completion of Doty's scope of work and not overall project completion. PRICING: 650 feet at WS#5 Lump Sum for=$353,500.00 200 additional feet from original bid=$60,000.00 This proposal is contingent upon acceptance and award within 60 days. Lacking an award,Doty Brothers Construction retains the option to withdraw or re-evaluate this proposal anytime thereafter. Your signature below authorizes Doty Bros.to proceed with performance of referenced work in accordance with all terms and conditions set forth herein We thank you for this opportunity to bid this project with you and if you have any questions please do not hesitate to contact me at(562)345-1455. Doty Brothers Construction Company �' Gary cCredie Estimator Accepted By Title Date 32400 PASEO ADELANTO ,� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 3 SAM ALLEVATO (949)493.1171 WINAATm DIANE BATHGATE (949)493.1053 FAX (SiAAufXN 1961 WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN March 4, 2005 Doty Brothers Equipment Company 11231 E. Firestone Blvd. Norwalk, CA 90650 Dear Sirs: An original, executed construction contract related to the replacement of Well Site No. 5 Creek Crossing Line is enclosed for your records. Please be aware that no work may begin under this agreement until this office is in receipt of the required faithful performance bond, as required under Section 15 — Surety Bonds. No payments will be issued by the City until this requirement is met. If you have questions specific to the contact, please contact the project manager, Eric Bauman, Water Engineering Manager (949) 487-4312. Please forward the required bonds to the attention of: Maria Guevara, Administrative Secretary, (949) 443-6310. Thank you, Meg Mo n, CMC City C rk cc: Eric Bauman, Water Engineering Manager Amy Amirani, Public Works Director Finance San Juan Capistrano: Preserving the Past to Enhance the Future �)Pointed on mcyckd p pe, MEMORANDUM March 2, 2005 TO: Meg Monahan, City Clerk Conrad David, Accounting Manager FROM: Eric Bauman, Water Engineering Manager RE: Emergency Work Agreement, subject to Resolution No. 05-03-01-01 The attached agreement/contract may be authorized by the City Manager as provided by the City Council Resolution No. 05-03-01-01 Replacement of the Well Site No. 5 Creek Crossing Line Amount: $413,500 Doty Brothers Construction Company Y From: • 02/22005 10:51 #291 P.001/003 02/102005 16:06 U51 INSUFNC'E a 15628643486 NO.M5 001 CNenW!79959 ORTYPRO acogu. CERTIFICATE OF LIABILITY INSURANCE ERD000RI THIS CERTIFICATE IS ISSUED AS A MATTER OF)NFOR &TION US)Irvine-CIL ONLY AND COTIFERS WO AIGNT5UPON THE CERTIRCAIE Lldt 0351162••`849-79"339(Su28n) HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Sax 53710 Irvine,CA 828194310 WSURERS AFFORO010 COVERAGE NMC# lm� - Iwa~k Amaricen Inrl Specialty Doty Bros.Equipment Co. vauAER a: NeBonal Union File at PA 11232 E Firesmne Blvd. Norwalk,CA 90810 INLWAEA c. HSu eM D. mamcTE; •7D Gay notice Pompey COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING MY REOUIREMW,TERM OR CONDITION OF ANYCONTRACT OA OTHER DOCUMENT WITH RESPEOTTO WHICH THIS CERnRCATE MAY OLE ISRUEO OR MAY PEATNN,THE N9JRANGE AFFORDED RV THE FOUPES PESCAMED HEAEw IB SUBJECTTO ALL THE TERMS,ExCLUSIDNS AND CONDmONS OF SUCH POUGM5.AEOREGATE LIMIT!SHOWN MAY NAVE 06EN REOLIClP PV PND CI.ANIS. TTPE eF N[YWNC! rou"wilaIA POUR [r !D ATw LIP" A 0ENFMLLIAaLIT7 648933478 7G IM4 10Alms EAd ODnIRn¢Ice Ri D00000 CDAMEpCY GENERAL IJARILT' RSNTFD s$D 1100 C1NN5 was Fi OCCUR mm ERP A•A masAl $5,000 x BFPDXCU PERSONALAAOVmAmT 31 am ON .Lj COntrammi DENERALAGQR TE 22.000,000 aM AGGREGATE UNIT APryJEE PER' rnnau T6.WAfIOPA00 S 000 pZ x LCC B w40Meene MADe CA8261867 10AIM4 IDA 1lO6 cawNNED anGaE LIMIT IxE AHYAuro IES WDOW10 [1,ODD,000 ALLC EDAUTOESCHCOULP AUT05isPAUL!Como vRnreRry oAMNI S x 51000 CDII IIbI MdOIw) aARAMP LIAM," AUTDONLY.FAACCPENT S AM'AVIO CTN6RTNNr EA ADD S AVW OHM •cc S EAR6GMeREUA MaYtAY EACN O=VAAENCE S OiCCA O CLNM[MADE AAGROATE S l bawmax x RETIRMICH f s B rrwas"commmsaa mAHP WC716%69 lan1A4 10/71/75 : MV ATu I JOT;; eSn,OY[RD'LuuNLn+ AM'PROPNETDNIAAI'NSw91IcuRYE EL EXON ACgOENT STOOD 0a CFAFfiRAKM[EA EAtUeEo4 6,L QSEAEE•6+1 EYHLTEE f7 DDD DDD N �P� � EL.QEEA69 F41r 19gT 57008 DOD O7NTA DFJAa[PnOH OFOPEMTDNS ILDCJlIOPa/YEHI4LSP "ADM FF ENOm6EMCNr IslEQAL PRWRMONI Re:DBEC Job No.1075.3017-San Juan Creek Croeeing,NOPE-Wall SNe 09. Clry Of San Juan Cepls Tana Is named as addltlonal insured. CERHFFCATE HOLDER CANCIELLATION CHDYLD NT OFTYIe AEDY[DESLNB[D!WIObR SECANCDAED aFFDAC111e CtMAnOM CNy of San Juan Cep)strano DATE THEREOF.Me xaum MSUREA WY1�axaWN. �8, PAYE WmTrU9 32800 Paseo Adelento =MXTO TME CERTRCAT[HOLOER NAPPOTO ME Lxl.MD AIIRMMMMOMa San Jasn CapWrano,CA 92675 - rAaxoofNl7lsaoo[aaoasaoQaemneolaxx AwwfaFO REFREAeIMArwc ACORD 95(200f m)1 of 2 WM258909 CCP 0 ACORP CORPORATION 7008 ' From: • 02/22.05 10:51 #291 P.0021i003 Ke111rI2w5 1b:Uh U. l IMSUHFN Q- 4 lbbdtib4S4UU Nil.e145 W-1 IMPORTANT It the certificate holder is on ADDITIONAL INSURED,the pollcy(ies)must be endorsed. Asteternem on this certificate does not confer rights to the ceniiicale holder in lieu of such gndomemenl(s). If SUBROGATION IS WAIVEV, sub)ect to the Perms and conditions of the policy,certain po0des may nequlre an endorsement. A statement on this certificate does not confer dgms to the canifloete holder In lieu of such endorsement(s). DISCLAIMER TTa Certillmle of Insurance on the reverse side of this forrn does not constitute a contract bahveen Me Lvsutng 9t5urer(s), authorized representatNe or producer,and the cedificate holder, nor does it afgnnatively or negatively amend, extend or altar the covsrage afforded by the policies listed thereon- - ACORD 25-5(2001009) 2 of 2 911,11258989 From: • 02/22.05 10:51 #291 P.003/003 02/10/2005 16:06 USI INSURANCE i 15628643480 N0 095 003 POLICY NUMBER: GL9333478 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) the NbrrenvanodiVee inmrcC pn+ideE ander the�Vownir: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Nasse of Person or Organization: City of San Juan Capistrano Re:DBEC Job No. 1075-3017—San Juan Creek Crossing.HDPE,Well Site#5 (If no entry appears above information required to complete this endorsement will be shown in the Declaratloss as applicable to this endorsement.) WHO IS AN INSURED (Section R)is amended to include as an insured the person or organization shown in the Schedule,but anly with respect to liability arising out of"your work"for that Insured by or for you. CG 20 10 11 95 Copyright Insurance Savices Office,Inc. 1994 f �r N COW�� 32400 111 ADELANTO v / MEMBERS OF THE CITY COUNCIL SAN JUAN CAI-ISTRANO,CA 92675 y� � SAM ALLEVATO (949)493-1171 Ip[ppYORpnp DIANE BATHGATE (949)493-1053 FAX • Evauupm 1961 WYATT HART www sanjuancapistrano.org 1776 JOE SOTO • • DAVID SWERDLIN NOTICE TO PROCEED ISSUED AFTER START OF WORK DUE TO EMERGENCY NATURE OF WORK a ". TO: Doty Brothers Construction Company 11232 E. Firestone Blvd c--C'' rn s 0 Norwalk, CA 90650 C.)C. p Pro (il Project: Well Site No. 5 — Creek Crossing nom '0 7 9 < �� m 500 4::K W G� Amount of Contract: $413,000-- z as o or You are hereby notified to commence work on the referenced contract on March 1, 2005, and to fully complete all of the work of said contract within (60) consecutive calendar days thereafter. Your completion date is April 29, 2005. W rdrch20005. Cr ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged by this 28day of April 2005. Signed: Representing Doty Brothers Construction Company Chris Christy, President (Please sign and return one original notice to proceed — keep one for your records — thank you) San Juan Capistrano: Preserving the Past to Enhance the Future L�Printed on reryclee paper DOTY BROS . Construction Company RECEIVED 1005 NAR 14 A 'I: 10 CITY CLERK March 11, 2005 SAN JUAN CAPISTRANO City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Meg Monahan, CMC Reference: Well Site 5 —Creek Crossing Line Contract Payment and Performance Bonds DBEC Job No. 1075-5017 Dear Ms. Monahan: Please find enclosed, per your letter dated March 4, 2005, the required payment and performance bonds for the above referenced project. Although your letter specifically required only the performance bond, in compliance with the terms and conditions of the Contract, both a payment bond and performance bond are herewith provided. Please have the appropriate representative of the City contact our Project Manager, Gary McCredie as soon as you have approved and can notify Gary to proceed with the work. You can reach Gary on his mobile phone at 562.254.5824. If you should have any questions or require further information please do not hesitate to call our office. Very truly yours, Sandy Dennis /1 Contracts Manager cc: Lisa Johnson Gloria Ramirez contract file Enclosures 11232 E. Firestone Blvd.,Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com o Fidelity and Deposit Company of Maryland Home Office:P.O.Box 1227,Baltimore,MD 21203-1227 FAITHFUL PERFORMANCE BOND Bond No PRF8696999 PUBLIC WORK (The premium charged on this bond is$ 5,169.00 ,being at the rate of $12.50 per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: THAT,WHEREAS the City of San Juan Capistrano State of California,entered into a contract dated March 1st 2005 ,with Doty Bros.Equipment Co. 11232 Firestone Blvd.,Norwalk CA,90650 hereinafter designated as the"Principal," for the work described as follows:Replacement of Well Site No.5 Creek Crossing Line and WHEREAS, the said Principal is required under the terns of said contract to furnish a bond for the faithful performance of said contract. NOW,THEREFORE,We,the Principal,and Fidelity and Deposit Company of Maryland .a corporation organized and existing under the laws of the State of Maryland ,and duly authorized to transact business under the laws of the State of California,as Surety,are held and firmly bound unto City of San Juan Capistrano in the penal sum of Four Hundred and Thirteen Thousand,Five Hundred Dollars($ 413,500 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,executors,administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That,if the above bounden Principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and agreements in the said contract and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according,to their true intent and meaning,and shall indemnify and save harmless the City of San Juan Capistrano its officers and agents,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in fall force and virtue. And the said Surety, for value received,hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond,and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS W HEREOF,We have hereunto set our hands and seals this 9th day of March 2005 Doty Bros.Equ!xr Principal By Chris Christy, Frmrlident Fidelity and Deposit Company of Ma land PBF71001CA0201f By ( /.ti17" �, Angela RaMitt ,Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i i State of California U>5, ss. County of `os On}gar(Ziim ll ZOOS before me,dG-� S. AbvQo /rloCpry t%xb1\C: , Gate areard Nle d oftrer(e rt "Jane Doe,No ry PWei personally appeared Cmc-•S Cgn Name(sJ di Sign(r) �K personally known to me proved to me on the basis of satisfactory evidence MARY 3 A to be the person(s) whose name(s) is/are COMM.a1 BREO subscribed to the within instrument and 386120 a acknowledged to me that he/she/they executed pq NOTARY PUBLIC-CAUFORNIA LOS ANGELES COUNTY �j the same in his/her/their authorized �q I MY Comm.Exgresqug.o5,2op5 capacity(ies), and that by his/her/their signature(s) on the instrument the persori or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of WNi Puoee OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 'J Individual Top or thumb here -1 Corporate Officer—Title(s): Partner—'� Limited L General Attorney-in-Fact 11 F Trustee -1 Guardian or Conservator F Other: Signer Is Representing: ©1999 National Noun,Aseoorrrn-935GDe Solo Ave-PO.Box2402-Chanworin CA91313-2402•voaaruaonalnoti Pod No 5907 ReorderCar Toll Free 5000-87b iii EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided to Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9th day of March 2005 Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by M.P.HAMMOND,Vice President,and T. E. SMITH,Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s ky nate,constitute and appoint Angela RABBITT,of Irvine,California, its true and lawful a o -F ke,execute, seal and deliver,for,and on its behalf as surety,and as its act and dee s ' and the execution of such bonds or undertakings in pursuance of these r m pany,as fully and amply,to all intents and purposes,as if they had been c ac gularly elected officers of the Company at its office in Baltimore,Md., in t>�eitj�pers� e attorney revokes that issued on behalf of Angela RABBITT,dated S� The said Assistant c o�t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- any,and is now in force. IN WITNESS W R OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of June, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�o orvosl . r" � �. Q 'j Q`wm /[ By: T F. Smith Assistant Secretary M. P. Hammond Vice President State of Maryland 1 J ss: City of Baltimore On this 11th day of June, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. o��sO2 Dennis R. Hayden Notary Public My Commission Expires: February 1,2005 POA-F 012-847OF 0 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American Insurance Company,and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insumnee Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year,for 2004, 10%of direct earned premium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%.In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act,in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California J ss. County of On Allliii 91before me .!• [J��SJ Data I Name and be I Officer(e g. Doe,Notary Pu personally appeared , Names)oBlgnege) personally known to me ❑ proved to me on the basis of satisfactory SUZAN M.MARTIN¢ evidence Commwiri of 1473512 t sNoll P tc-CalitbMa to be the person(#) whose name(it is/ft 2 0111:1111,91111 Cow* subscribed to the within instrument and Comm.ExptresWilt 2,2008 acknowledged to me that IN/she/AW executed the same in ME/her/ftir authorized capacity(ia, and that by iWher/Irik signature(» on the instrument the person(*, or the entity upon behalf of which the person* acted, executed the instrument. WIT SS my hand and official seal. I Signature arlbetimir Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could event fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: $igner(s) Other Than Named Above: Capacity(ies) Claimed by Signer $igner's Name: . a C7 Individual Top of thumb here 0 Corporate Officer — Title( C7 Partner — ❑ Limited eneral U Attorney-in-Fact G Trustee D Guardian Conservator U Other $ ner Is Representing: ©1999 Nmi nil NWary Ass llaton•935o De Soto Ave..PO.Boa 2002-Chatswcdh,CA 913132002-www nationalnM.ry org Prod Na 597 Feortler:Call TollFree1,800-8]6682] o D Fidelity and Deposit Company of Maryland Home Office:P.O.Box 1227,Baltimore,MD 21203-1227 Bond No. PRF8696998 PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive,Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: That,Whereas City of San Juan Capistrano has awarded to Doty Bros.Equipment Co. as Principal,a contract for the work described as follows: Replacement of Well Site No.5 Creek Crossing Line AND WHEREAS,said Principal is required ad to furnish a bond in connection with said contract,to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law: NOW,THEREFORE,We the undersigned Principal and Surety are held and firmly bound unto the City of San Juan Capistrano in the amount required by law,the sum of Four Hundred and Thirteen Thousand,Five Hundred Dollars($413,500 )for which payment well and truly be made we bind ourselves,our heirs, executors and administrators,successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors, administrators,successors or assigns,or subcontractors,shall fail to pay any of the persons named in Civil Code Section 3181,or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. PAY71001CA0202f In witness Whereof,We have hereunto set our hand and seals this 9th day of March 2005 Doty Bros.Equipment Co. Ppfteiplal By: �Q Chris Christy, President Fidelity and Deposit Company of Maryland By: t Zj::� �.XJC_. ' I Angela Ra bitt ,Attorney-In-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California p 1 ss. iCounty of Cis `ti YlC�2,AP S J i Ont-w '7004; before me, kwoliouti Date ame antl Ttle of OPocer(e g.,"Jana Doe,Notary Public") personally appeared �T Neme(aJ of Signar(a) 'K personally known to me L proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are MARY S. ABREO subscribed to the within instrument and fd..' COMM.#113681120v acknowledged to me that he/she/they executed �' v NOTARY PUBLIC-CALIFORNIA the same in his/her/their authorized c0 LOS ANGELES COUNTY CA capacity(ies), and that by his/her/their My Comm.Expires Aug.05,2008 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 sseeaall.w— t al Naan ublk I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: i MOM ❑ Individual Top or thumb here J Corporate Officer—Title(s): I Partner—❑ Limited ❑ General I-, Attorney-in-Fact L Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: _ 01999 Nab.nal Notary A..,oi -9350 Da Soto Ave,PO Box 2602•Chaow"h CA 913132402•www.nationalnotagorg Prod.No.5907 Reorder:Call Toll Free 1800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of � ss. On ` before to � ,and nt or Officer(e a Doe,rvrnary P a") personally appeared , Names)of Sgnegs) personally known to me ❑ proved to me on the basis of satisfactory SUZAN M MI1RflNEZ evidence Commkillon#1473512 Holm Public-Catlgryo to be the person($ whose name# is/W pmrWCprMy subscribed to the within instrument and My Comm.ExpilmMor2.2WB acknowledged to me that S/she executed the same in 4pW/hew0ft authorized capacity(M), and that by 4P/her/*" signature*on the instrument the person(f), or the entity upon behalf of which the person& acted, executed the instrument. WIT LESS my hand and official seal. ignature orlitotan,Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and cou prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Iffifflom ❑ Individual Top of thumb here ❑ Corporate Officer — Tit] ❑ Partner— ❑ Limite General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian Conservator ❑ Other Signer Is Representing: 1999 National Notary Association.9350 be Soto Ave..PO.eox 2402-Cnalswonb CA 91313-2402- syyrrytonalnocy,., Prod No.5907 Secular Call Toll-Free 1-8008]6,6821 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9th day of March 2005 Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by M.P.HAMMOND,Vice President,and T. E. SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s � mate, constitute and appoint Angela BABBITT,of Irvine,California, its true and lawful; �o -F ke,execute, seal and deliver,for,and on its behalf as surety, and as its act and dee t s °' ,and the execution of such bonds or undertakings in pursuance of these pr a m pany,as fully and amply,to all intents and purposes,as if they had been �1,.ySd. ac gularly elected officers of the Company at its office in Baltimore,Md.,in ( p� attomey revokes that issued on behalf of Angela RABBITT, dated S POg� The said Assistant oat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of June, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �D Davos,. e � By: T. E. Smith Assistant Secretary M. P. Hammond Vice President State of Maryland 1 ss: City of Baltimore f On this 11th day of June, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. o��Oy "Agyp,/A� Dennis R. Hayden Notary Public My Commission Expires: February 1,2005 POA-F 012-&47oF M .y • • A L9 32400 PASEO ADEL NTO �� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 iii SAM ALLEVATO (949)483-1171 mlXavoaanX DIANE BATH6ATE (949)493-1053 FAX � (SIAXIIAXAX 1961 MATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN NOTICE TO PROCEED ISSUED AFTER START OF WORK DUE TO EMERGENCY NATURE OF WORK TO: Doty Brothers Construction Company 11232 E. Firestone Blvd Norwalk, CA 90650 Project: Well Site No. 5 — Creek Crossing Amount of Contract: $413,000 You are hereby notified to commence work on the referenced contract on March 1, 2005, and to fully complete all of the work of said contract within (60) consecutive calendar days thereafter. Your completion date is April 29, 2005. Dated this 23rd day f March 2005. ai ret R. Monahan City lark ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged by this _ day of 2005. Signed: Representing Doty Brothers Construction Company (Please sign and return one original notice to proceed — keep one for your records — thank you) San Juan Capistrano: Preserving the Past to Enhance the Future MEMORANDUM TO: Meg Monahan, City Clerk FROM: Eric P. Bauman, Water Engineering Manager DATE: March 1, 2005 SUBJECT: Notice to Proceed for Well Site No. 5 Creek Crossing Line. The following information is provided for the Notice to Proceed on the above referenced project: Name of Contractor: Doty Brothers Construction Company. Address of Contractor: 11232 E. Firestone Blvd., Norwalk, CA 90650 Begin work on: March 1, 2005 Complete in X calendar days. 60 Completion date is: April 29, 2005 Amount of Contract $ 413,000 Liquidated damages are $ 0 / day.