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1995-0221_WANKET CONSTRUCTION, TONY_Contract (1 of 2) STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) To: City of San Juan Capistrano Project: Sports Park - Phase 1 (NAME Of OWNFH,PUBLIC BODY OR CONSTRUCTION FUND Hcloth) (NAME( 32400 Paseo Adelanto 29525 Camino Del Avion (ADDRESS IF DIRECTED TO A BANK Go SAVINGS AND LOAN PSSN.,USE AJG.CSS OF BRANCH HOLDING FUND) DDRESSI (A San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 (CITY,STATE AND ZIP) (CITY STATE AND ZIP) TAKE NOTICE THAT John M_Mari , Tnc, _ (NAME OF THE PERSON OR FIRM CLAIMING THE STOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME UNDER WHICH CONTRACTOR'S LICENSE IS ISSUED) whose address is 3044 Industry St . Suite 105 Oceanside, CA 92054 (ADDRESS OF PERSON OR FIRM CLAIMING STOP NOTICE] has performed labor and furnished materials for a work of improvement described as follows: Sports Park Phase 1 29525 Camino Del Avion San Juan Capistrano CA 92675 (NAME AND LOCATION OF THE PROJECT WHERE WORK OR MATERIALS WERE FURNISHED] The labor and materials furnished by claimant are of the following general kind: Furnish & Install concrete reinforcing steel (KIND OF LABOR.SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR AGREED TO SE FURNISHED BY CLAIMANT) The labor and materials were furnished to or for the following II Tony Wanket Construction, Inc. INANE OF THE PARTY WHO ORDERED THE WORK OR MATERIALS) Total value of the whole amount of labor and materials agreed to be furnished is:......................... $ 22 ,860 . 00 The value of the labor and materials furnished to date is: ............................................................ $ 22, 860.00 Claimant has been paid the sum of:............................................................................................ S 20, 574 .00 And there is due, owing and unpaid the sum of: ........................................................................ $ 2 , 286.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: John M. Mari , Inc. By: tri OF STD,NOTICE CLAIMANT) (OWNER OR AG OF STDP NOTICE[CAIMAN MUST SIGN ERE AND VERIFY BELOW) VERIFICATION I, the undersigned, say: I am the President- of John M.Mari , Inc. the claimant I"PRESIDENT OF,''MANAGER OF.' PARTNER OF,''CWNEF OF,''AGENT OF,' ETC.) named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 4 , 1998 at Oceanside , CA CATS THIS DOCUMENT WAS SIGNED) 9 /yQ'y��/,/�� (NAME OF CITY AND STATE WHERE NOTICE SIGNED) �N�FG/SISir. Pi eS (PERSONAL SIGNAIIE OF THE INDIVIDUAL WHO 15 SWEARING THAT THE CONTENTS OF STOP NOTICE ARE TRUE( REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161,or 3162. Signed: (CLAIMANT MUST ENCLOSE SELF-ADDRESSED STAMPED ENVELOPE) WOLCOTTS FORM 894- Be,. 3-94 (CHIC.class 3A) STOP NOTICE 01994 WOLCOTTS FORMS, INC. Before you use this form, read Iq fill in all blanks, and make whatever changes are appropriate and necessary to yo ur particulartransacbon. Consult a lawyenf you doubt SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. the form's fitness for your purpose and use. Wolcons makes no representation or warranty,express or implied,with respect to the merchantability or fitness of this form for an intended use or purpose. CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,hereinafter referred to as "CITY" and TONY WANKET CONSTRUCTION, INC. hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST, CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids,the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construe ion 1994 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council 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. THEW 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 The Sports Park-Phase_One San Juan Capistrano in strict conformity with the Plans, Specifications 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 Specifications. FOURTH. COMMENCEMENJ AND CONTLETION OF TIM WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable 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 the nature of a penalty, two hundred fifty dollars($250) per calendar day for each day delayed, provided that extensions of time with waiver of liquidated damages may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIALBOND. 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 forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1)year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to famish 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, and Bid Bond 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 the prev ili rate of per diem wagees, 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. 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 ($1,000,000)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 or 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 construction agreement. EIGHTH. COMPL.LANCE 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 dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: 95 BY:di_�j�Z'a _ Carolyn Nas YOR BY: 9'7 CTOR Tony Wanket, Owner Tony Wanket Construction, Inc. ATTEST: G� Cheryl Johnson, ety C166 APP VED AS TO FORM: 9 n4d tb�hard K. De alter, City Attorney g/71fg BRUCKNER & WALKER ATTORNEYS William L. Bruckner P.E., DVBE 10680 Treena Street, Suite 150 Telephone (619) 578-0131 Charles F. Walker San Diego, California 92131 Telefax (619) 578-0438 October 9, 1997 0 n H City Clerk G — City of San Juan Capistrano _ m 32400 Paseo Adelanto — rn San Juan Capistrano, CA 92675 " 'J„ m 0 co Dear Clerk, Enclosed please find the original and (2) two copies of the "Release of Stop Notice" in the above referenced matter for filing. Please return a file stamped copy of the same to the undersigned in the self addressed stamped envelope enclosed herewith. Your courtesy and cooperation are greatly appreciated. Sincerely, BRYFKNER& WALKER L. kawa Nishi (e% Assistant enclosures I OM /97- Q�,, �2.c: ( �° RELEASE OF STOP NOTICE RECEIVED OcT 10 2 12 Ply '97 To: City of San Juan Capistrano Re: Stop Notice Against Tony Wanket Construction, Inc. A The undersigned, William L. Bruckner, hereby withdraws the stop notice which was filed on or about June 10, 1997, with the above-named public entity against Tony Wanket Construction, Inc. in the amount of$19,624.81 for materials, labor and equipment furnished by claimant for the Sports Park—Phase 1 located at 29525 Camino Del Avion, San Juan Capistrano, CA 92675. The undersigned also hereby releases the City of San Juan Capistrano, its subdivisions and agents, from any further duty under Civil Code section 3186 to withhold money or bonds in response to the June 10, 1997 stop notice, and waives any right of action against the City of San Juan Capistrano that might accrue thereunder. Dated: October 9, 1997 William L. Bruckner BRUCKNER & WALKER (619) 578-0131 Attorneys for W.A. Brown RECEIVED ORIGINAL Jus 10 127 PM 97 STOP NOTICE ` LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) C To: City of San Juan Capistrano Project: Sports Park — Phase 1 (Name of owner.public body or construction luvd holder) (Name) 32400 Paseo Adelanto 29525 Camino Del AVion (Address.II directed to a bank or savings and loan assn.,use address of branch holding fund) (Address) San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Car:tate and zip) (city.state and zip) TAKE NOTICETHAT W.A. Brown, Lic. #173212 1Name of the person or firm claiming the stop notice.Licensed contractors must use the name under which contractor's license is issued) whoseaddressis 536 Olive Ave. Unit B, Vista , CA 92083 (Address of person or firm claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: Sports Park — Phase 1 , 29525 Camino Del Avion, San Juan Capistrano,CA 92675 (Name and location of the protect where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: 02 710 Chain Link Fencing & Gates, 05150 Decorative Steel , 05520 Handrails & Railing (Kind of labor,sen¢es,equipment.or materials furnished or agreed to be furnished by claimant) The labor and materials were furnished to or for the following party: Tony Wanket Construction, Inc . 2480 Grand Ave. , Vista, CA 92083 ( 760) 598-4234 Lic. #499679 (Name of the parry who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................................ $ 104, 165. 98 The value of the labor and materials furnished to date is: ................................ .... ............................. $ 104, 165 . 98 Claimant has beenaid the sum of: $ 84,451 . 17 p and there is due,owing and unpaid the sum of: ..................................................................................... $ 19 , 624 . 81 You are required to set aside sufficient funds to satisfy this claim with interest,court costs and reasonable costs of litigation,as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: W Brown (Name 01st nal¢ claimant) By: i 1 1wner or agent of top `�enotice i I must sign h e d verity below) I C v n ✓ tit VERIFICATION I,the undersigned,say: lam the Attorney for (Theardent ol',-A partner 01" 'Owner of',-Agent of-.etc.) the claimant named in the foregoing Stop Notice, I have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 9 ty 97 at San Diffn California. (Gate this document was signed) lame oV%where stop nonce c'(Personal signature of the individual who is swear that the contents of stop notice are true) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159,3161,or 3162) If an electik Is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 315 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressec%stamped envelope.This information must be provided by you under Civil Code Sections 3159,3161, or 3162. Signed: (Claimant must enclose sell-addressed stamped envelope) See reverse side for additional information. WOLCOTTS FORM 894—STOP NOTICE—Rev.4.91 (pace class 3) Before you use this form,read d.Jill in all planks,and make whatever charges are appropriate and necessary to you,particular c1991 WOLCOTTS.INC. transaction.Consult a lawyer ityou doubt'me form's lenders for your purpose and use.YmOolts makes no representation or warranty,express or implied,wltb respect to the merchantability,or fitness of this form far an intended use ar purpose. /'J // II��I�IIIIIIIIIIIIIIIIIIIIIIII 7 67775 33894 z ADDITIONAL INFORMATION (1) On a public job,file a stop notice with the controller,auditor,or other public disbursing officer whose duty it is to make payments under the prime contract,or with commissioners, managers,trustees,officers, board of supervisors,board of trustees.Civil Code§§3179-3214. (2) On a private job,file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code§§3156-3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary,so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs—a bond is not required on public jobs or on a stop notice served on an owner for private jobs. j RECEIVED STOP NOTICE LLff LUJ LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS c ` (Public or Private Work) �c' (Per California Civil Code Section 3103) To:_City of San Juan Capistrano Project: Sports Park - Phase 1 (Name of owner,public body or construction lune Wider) (Name) 32400 Paseo Adelanto 29525 Camino Del Avion (AdbRs.It duetted to a bank or savings and loan assn.,use address of branch holding fund) (Address) San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 (City,stale and zip) (City.slate and zip) TAKENOTICETHAT W.A. Brown, Lic. #173212 Mame of the person or firm claming the stop ootme.Licensed Canbacl S must use the name under which contractor's license is issued) whoseaddressis 536 Olive Ave . Unit B, Vista, CA 92083 (Address of person or firm claiming slop nolice) has performed labor and furnished materials for a work of improvement described as follows: Sports Park — Phase 1 , 29525 Camino Del Avion,San Juan Capistrano, CA 92675 (Name 30 location of the project where work if materials were tummshed) The labor and materials furnished by claimant are of the following general kind: 02710 Chain Link Fencing S Gates, 05150 Decorative Steel , 05520 Handrails & Railing (Nrnd of labor.Sen¢es.i Wmmenl,or materials furnished ar agreed to be furnished by claimant) The labor and materials were furnished to or for the following party: Tony Wanket Construction, Inc . 2480 Grand Ave. , Vista, CA 92083 (760 ) 598-4234 Lic. #499679 (Name of one parry who ordered Ne work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................................. $ 104, 165 . 98 The value of the labor and materials furnished to date is: ....................................................................... $ 104, 165 . 98 Claimant has been paid the sum of: ......................................................... .......................... $ 84,451 . 17 and there is due,owing and unpaid the sum Of: .................................................................... ............... $ 19 , 624 . 81 You are required to set aside sufficient funds to satisfy this claim with interest,court costs and reasonable costs of litigation,as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: W Brown Imme of If Marc Claimant) By: 4 p,of r faagent of lap iMkCe nit must sign h e d verily below) ✓ >\*%.- VERIFICATION 1,the undersigned,say: lam the Attorney for ('President of-,-A partner of'.'Owner of'.'Agent of'.etc.) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 9 19 97 at San Di g (Dae flap document was signed) California. — 1(ame of ry where sip nwrce 57 f\\^(Personal signature of Ne Individual who is swearing that the contents of slop MESA are We) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159,3161,or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope.This information must be provided by you under Civil Code Sections 3159,3161,or 3162. Signed: (Claimant must Ampere self-addressed stamped envelope) See reverse side for additional information. WOLCOTTS FORM 99a—STOP NOTICE—Rev.4.91 (pnce cam O) Before you use pis him,read iL lip in all blanks,and make whatever tinges are appmpnate and necessary to your particular e1991 WOLCOTT9.INC. W rsuchar.Consult a lawyer it you ductal lM form's baess for your purpuse and use.Wolcods makes rid representation or warranty.express or Madrid,with respect to the merchantability ar fitness of tris lam for an intended use or purpose. /J S/ WV 1101000 71111411117I5III11111194III2 ADDITIONAL INFORMATION (1) On a public job,file a stop notice with the controller,auditor,or other public disbursing officer whose duty it is to make payments under the prime contract,or with commissioners,managers,trustees,officers,board of supervisors,board of trustees.Civil Code§§3179-3214. (2) On a private job,file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code§§3156-3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney it you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs—a bond is not required on public jobs or on a stop notice served on an owner for private jobs. STATE 6� .30 COMPENSATION REC EW17D INSURANCE FUNDOCT �j(j I q I 23 3 ( 'JJ IN REPLY REFER TO: OCTOBER 1, 1999 CITY OF SAN JUAN CAPISTRANO 02400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 CERTIFICATE OF WORKERS' ----------------------- COMPENSATION INSURANCE ---------------------- CANCELLATION NOTICE ------------------- RE: CERTIFICATE DATED OCTOBER 1 , 1999. THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER NAMED BELOW HAS BEEN CANCELLED EFFECTIVE OCTOBER 1, 1999 AT 12:01 A.M. IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT THE EMPLOYER NAMED BELOW EMPLOYER: TONY WANKET CONSTRUCTION 934 N COAST HWY 101 ENCINITAS CALIF. , 92024 333-99 UNIT 0000277 POLICYHOLDER SERVICES SAN DIEGO DISTRICT OFFICE (619) 552-7000 1275 Market Street • San Francisco, CA 94103-1410 Mailing Address: P.O. Box 420807 • San Francisco, CA 94142-0807 SCIF 19102 ACORD CERTIFIC/W OF LIABILITY INSUIONCECSRDATE(MMIDDNY) TONYWO1 10/19/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION G. S. Levine Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3377 Carmel Mountain Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92121 COMPANIES AFFORDING COVERAGE Gary S. Levine COMPANY Pnne No, 858-481-8692 F"No. A Williamsburg Nat'l Ins. Co. INSURED COMPANY � r � B �� r�, t= _ o COMPANY _ hJ Tony Wanket Construction, Inc. C - -- 934 North Coast Highway 101 rn Encinitas CA 92024-2049 COMPANY D rn COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD �7 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 CLANS. UJ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMITS LTH DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-!OM S 71 CLAIMS MADE [::] OCCUR PERSONAL$ADV INJURY $ OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) S MED EXP(Any ane Person) $ AUTOMOBILE LIABILITY ANY AUTO , COMBINED SINGLE LIMIT $ ALL OWNED AUTOS " BODILY INJURY $ SCHEDULED AUTOS (Per Peron) HIRED AUTOS BODILY INJURY NO"WNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X TORVTLTMCERI EMPLCVERS'LILITY IS EL EACH ACCIDENT $1,00 , 0 A THE PROPRIETOR/ INCL WC0120016 10/01/99 10/01/00 EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERSIEXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER I DESCRIPTION Of OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Job Location: The Sports Park/Phast 1/San Juan Capistrano CERTIFICATE HOLDER - - CANCELLATION SANJUCI 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, City of San Juan Capistrano BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adelanto OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano CA 92675 ACORD'25•S(1195)_ / " ACORD CORPORATION 1988 j,,, Il R 1f1 ACORQ_ CERTIFIG4I t OF LIABILITY INSWNGEc"R TC DATE 9 TONYWOl. 10/01/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION G. S. Levine Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3377 Carmel Mountain Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92121 COMPANIES AFFORDING COVERAGE Kevin T. Casey COMPANY PnorteNo. 858-481-8692 Fax Na. A Williamsburg Nat'l Ins. Co. INSURED COMPANY B COMPANY Tony Wanket Construction, Inc. C o 934 N. Highway 101 Encinitas CA COMPANY D - _ COVERAGES - - - - - - _ rn THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD- Q 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, N < EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPRATKIN LIMITS LTR DATE(MWDDNY) DATE(MMrDD/VY) GENERAL LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG E CLAIMS MADE E OCCUR PERSONAL B ADV INJURY S OWNER'S$CONTRACTOR'S PROT EACH OCCURRENCE S FIRE DAMAGE(Any one tire) S MED EXP(Any ane person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NOWOWNED AUTOS (Per awder ) $ PROPERTYDAMAGE $ GARAGE LIABILITY AUTO ONLY-FA ACCIDENT s ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM UU $ WORKERS COMPENSATION AND X TORVTAIMITS OER EMPLOYERS'LIABILITY EL EACH ACCIDENT lsl,000,000 A THE PROP= INCL WC0120016 10/01/99 10/01/00 EL DISEASE-POLICY LIMIT $1,000,000 PARTNER CU OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 1 000 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Job Location: The Sports Park/Phast 1/San Juan Capistrano CERTIFICATE HOLDER - CANCELLATION! SANJUCI 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, City of San Juan Capistrano BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adelanto OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano CA 92675 ACORD 25-S(1195) I ACORD CORPORATION 1988 • SD STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 333-98 UNIT 0000277 ISSUE DATE: 10-01-98 CERTIFICATE EXPIRES: 10-01-99 CITY OF SAN JUAN CAPISTRANO JOB: THE SPORTS PARK 02400 PASEO ADELANTO PHASE 1 SAN JUAN CAPISTRANO CA 92675 SAN JUAN CAPISTRANO 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 30 days' advance written notice to the employer. We will also give you 30 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. PR IDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10/01/98 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. N m -o cr. /v S ;o - rn 0 M aM 4 � rrf cn EMPLOYER LEGAL NAME TONY WANKET CONSTRUCTION TONY WANKET CONSTRUCTION, INC. 834 N COAST HWY 101 ENCINITAS CA 82024 09-18-98 PRINTED: P0408 THIS DOCUMENT a BACKGROUND SCIF 10265 REV 2 951 DATE(MMIDD^ ' Ac R L PAGE i 6-OCT-1997 PRODUCER 13368 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION N, �T' Willis Corroon Corporation of San Diego ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1615 Murray Cyn.Rd. #905 ALTERTHETHE;COVERAGE AFFORDED 13Y THE POLICIES BELOW. License #0413168 COMPANIES AFFORDING COVERAGE San Diego CA 92108 (619)297-7111 COMPANY Steadfast Insurance Company Susan Thurston A INSURED COMPANY Cigna Fire Underwriters Insurance Company B Tony Wanket Construction, Inc. COMPANY RLI Insurance Company 934 North Highway 101 C Encinitas CA 92024 �CDM6PANY GIDYERAGES777777771:1.�el: 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 OF; MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COcr YPE OF IINSURA NCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 0 LTR DATE(MMIDDfM DATE(MMI UNITS A GENERAL LIABILITY SCO215955001 15-SEP-1997 16-SEP-1998 GENERAL AGGREGATE $ 2.000.000 X COMMERICiALGENERALLIAS113TY lowjpEiAGG CLAIMSMADE [A] OCCUR PERSONALS ADVIWURY $ 1,000,000 OWNERS&CCINTRACTORS PROT EACH OCCURRENCE $ 1.000.000 FIRE DAMAGE An one fire $ MED EXP An one nereon) $ B AUTOMOBILE LIABILITY H06716258 15-SEP-1997 15-SEP-1998 COMBINED SINGLE LIMIT $ X ANY AUTO ALL OWNED AUTOS BODILY INJURY PSCHEOULED AUTOS (Per person) $ X HIREDAUTOS BODILY INJURY $ NON40WNED AUTOS (per..,d.nt) PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLY EAACCIDENT $ ANY AUTO EITHER THAN AUTO ONLY: EACHACCIDENT $ I AGOREGATE $ C EXCESSUABI OUL026154 le 15-SEP-1998 EACIOCCURIENCE— $ 4.000,000 X UMBRELLAFORM AGGREGATE $ 4,000.000 OTHER THAN UM BRELLA FORM 1 —7— — TC�STATU- GBYL..T OTH WORKERS COMPENSATION AND TORY LIMIT LER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ I PARI�EC CUTIVE INCL EL DISEASE-POLICY LIMIT OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER C= � DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CID SEE ATTACHED En Kz? SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL X*tKAvW)I`6 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, San Juan Capistrano Public Works 32400 Paseo Adelanto ooxutx)mmoxxwtuxi"xcoom"xmxxmtNmxm"000no",""Xx, SanJuan Capistr CA 92675 AUTHORIZED REPREJENTATIVE OF WILLIS CQRROOM CORPORATION OF SAN DIEGO WILLIN L43UE DAM(MM/DD/YY) CORRO R � iI � Y.7 �M ' E ...' ' ... 6-OCT-1997 HIS CE IFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS PON THECERTIFICATE HOTLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED 13368 PRODUCER Willis Corroon Corporation of San Diego Insurance Services 1615 Murray Cyn. Rd. *905 Tony Wanket Construction,Inc. License #0413168 934 North Highway 101 San Diego CA 92108 Encinitas CA 92024 (619)297-7111 Susan Thurston COYERARi 57777777777.7. THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE MM OD DATE MM DD V DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS General Liability - The Certificate Holder is an Additional insured solely as respects work performed by the named Insured for said Additional Insured provided , however , that a written contract requiring that the Certificate Holder be an Additional Insured exists . RE: San Juan Capistrano Sports Park PH- 1 Del Obispo, Alipaz St . , Camino Del Avion San Juan Capistrano, CA PERM"Htri.DEA �C{stiCELL.IktU?kl paRpayrpeR- premum Z SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRRTEH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT: San Juan Capistrano Public Works IYg}*XK;gXyg K>y( «pyyptgylXLc�t pyltgy�l;{ay�tcylyyylypc ryyyllxx 32400 Paseo Adelanto ; xxxxx SanJuan Capistr CA 92675 AUTHORIZED REPR ENTATIVE OF WILLS GORROON CORPORATION OF SAN DIEGO _...._ Wa i 18 tiORRt 23'AJGS{ii74s1 AUI6NSC72 fiNILI f&GtiRfiOLMf 19a • • SO STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPHNSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 333-97 UNIT 0000277 ISSUE DATE: 10-01-97 CERTIFICATE EXPIRES: 10-01-98 CITY OF SAN JUAN CAPISTRANO JOB: THE SPORTS PARK 02400 PASEO ADELANTO PHASE 1 SAN JUAN CAPISTRANO CA 92675 SAN JUAN CAPISTRANO 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 30 days' advance written notice to the employer. We will also give you 30 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. PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 41,000,000.00 PER OCCURRENCE. ENDORSEMENT X2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10/01/97 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. cn m fV rn O - rn —1 rn _ � v to V EMPLOYER LEGAL NAME TONY WANKET CONSTRUCTION TONY WANKET CONSTRUCTION, INC. 934 NO HIGHWAY 101 ENCINITAS CA 92024 PRINTED: 09-18-97P 4 08 1.111.2 10109111111 Joao MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER m[oxroxeno WYATT HART ttwnvum 1961 GIL JONES 1776 DAVID M.S W EROLIN A CITY MANAGER GEORGE SCARBOROUGH September 9, 1997 Tony Wanket Construction, Inc. 2480 Grand Avenue Vista, California 92083 I Re: Renewal of General Liability,Automobile Liability and Workers'Compensation Certificates of Insurance (San Juan Capistrano Sports Puk) Gentlemen: The General Liability and Automobile Liability Certificates of Insurance, regarding the above- referenced project, are due to expire on September 15, 1997. The Workers' Compensation Certificate of Insurance is due to expire on October 1, 1997. In accordance with your agreement,the insurance certificates need to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. I have included a City approved endorsement form to submit to your insurance company; however, your insurance company may provide their own endorsement form. Please forward the updated certificates and the endorsement form to the City, attention City Clerk's office, by the due dates. If you have any questions, please contact me at(714) 443-6310. Thank you for your cooperation. Very truly yours, Ur— yo f)�� Dawn M. Schanderl Deputy City Clerk Enclosure cc: Gily $cei William Huber, Director of Engineering & Building Services Sharon Heider, Open Space Project Manager 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 .................. ...... -SEP-1996 ......ACORDIS F 5 2 PR66UCEII — — 9917 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis Corroon Corporation of San Diego ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1615 Murray Canyon Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 905 COMPANIES AFFORDING COVERAGE Son Diego CA 92108 (619) 297-7111 COMPANY CIGNA Fire Underwriters Ins. Co. Susan Thurston A INSURED CO�ANY Steadfast Insurance Company Tony Wanket Construction, Inc. COMPANY 2480 Grand Avenue C Vista CA 92083 COMPANY mom THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDINGANY REOUIREMENT,TERMORCONDITIONOFANY CONTRACT OROTHERDOCUMENT WITHRESPECT TOWHICHTHIS CERTIFICATE MAYBE 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIM98 LYR DATE(MMIDDM) DATE(MMMDIYY) B GENERAL LIABILITY SCO2159650 15-SEP-1996 15-SEP-1997 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP ADD 3 1,000,000 CLAIMS MADE � OCCUR PERSONAL & ADV INJURY S 1,000,000 OWNERS &CONTRACTOR'S PROT EACH OCCURRENCE 1.000,000 FIFE DAMAGE (my one fire) s MED EXP (Any we person) S A AUTOMOSLELIABLITY D31931800 15-SEP-1996 15-SEP-1997 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) $ I HxHIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S H AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND W STA Y R is EMPLOYERS'LIABLITY FL EACH ACCIDENT $ THE PROPRIETOR/ PAR INCL EL DISEASE-POLICY LIMIT OFF EXCL EL DISEASE EA EMPLOYEE OTHER DESC111PT1 NOF I ATIONNILOCATIONSIVEHIMEGISPECIAL rr0MS SEE ATTACHED -777777 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WLIL MNIUUM)M MAL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE moLorR NAMBI)TO THE LEFT, San Juan Capistrano Public Works emxxxxkiooNL4NxxxgmxNNmcacs=xwmmmoagenbommmommmmxxxmxxxK 32400 Paseo Ade lonto MXXM)IMMXWMWXMMXMCLWJMMXXKMXMDMMXXMKXNWMNMDDXM SanJown Capistr CA 92675 AVSHORIZSD R" NUT TIVIS up WILLIN CCRINOUN CORPORATION Of VAN U111110— WILLIS ISSUE DATE(MM/DD/YY) ORROON .. .. C 1,13A....... -48-0 F1 25-SEP-1996 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED 9917 PRODUCER Willis Corroon Corporation of San Diego Insurance Services 1615 Murray Canyon Road Tony Wartket Cvnstruction, Inc. Suite 905 2480 Grand Avon" San Diego CA 92108 Vista CA 92083 1 (619) 297-7111 Susan Thurston 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. —I POC-LCYOFFECTPO LZ TYPE OF INSRANCE POLICY NUMBER ATE(Md/DD/VY) ATE .0"s DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS General Liability - The Certificate Holder is an Additional insured solely as respects work performed by the named Insured for said Additional Insured provided, however , that a written contract requiring that the Certificate Holder be an Additional Insured exists . THIS CERTIFICATE SUPERSEDES CERTIFICATE ISSUED SEPTEMBER 16, 1996 RE: San Juan Capistrano Sports Park PH-1 Del Obispo, Alipaz St . , Camino Del Avion San Juan Capistrano, CA M M C> M -j M C7 to CIINLLA7ifN r7" to W SHOULD ANY OF THE Asovs DESCRIBED POLICIES as CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WLLXWDIWJM)Ob MAL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, San Juan Capistrano Public Works IWXWAMOOK)COMM 1101100100001110011008911101IN 32400 Paseo Adelanto 4[KX1a WXXNMKX=MXXNNX)OOWAWWXXNKXKWNaMX#MX)OWNMWMWK SanJuan Copistr CA 92675 AUTHORDSD REPRESENTATIVE OPWLLI9 CORROON CORPORATION OF BAN DIEGO ...........L............L....... ............ , � • SD STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 333-96 UNIT 0000277 ISSUE DATE: 10-01-96 CERTIFICATE EXPIRES: 10-01-97 CITY OF SAN JUAN CAPISTRANO JOB: THE SPORTS PARK 02400 PASEO ADELANTO PHASE 1 SAN JUAN CAPISTRANO CA 92675 SAN JUAN CAPISTRANO 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 nn6ry period Indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 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. PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT X2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10/01/96 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. H M c N _-• _ rn W m M ca C" EMPLOYER LEGAL NAME TONY WANKET CONSTRUCTION TONY WANKET CONSTRUCTION, INC. 1185 PARK CTR DR STE R VISTA CA 92083 WILLIS CORROON September 25, 1996 Willie Corroon Corporation of San Diego San Juan Capistrano Public Works Inenronce 32400 Paseo Adelanto Services SanJuan Capistr, CA 92675 1615 Murrey Canyon Rd. smile 905 San Diego,CA 92108 Telephone 619-297-7111 Fox 619-297-7999 Dear Certificate Holder : Enclosed is the Certificate of Insurance issued on behalf of Tony Wanket Construction, Inc. Should you have any questions please feel free to call . Sincerely yours, Willis Corroon Corporation of San Diego Enclosure cc: Tony Wanket Construction, Inc. CIGNA Fire Underwriters Ins . Co. Steadfast Insurance Company cn M -e c N Y n M m W rn m 2 3 CO T " f " MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WL HART munolnp CAR ONED u1776 {96{ DAVID NADH 1776 DAVID SWERDLIN CITU MANAGER GEORGE SCARBOROUGH September 10, 1996 Tony Wanket Construction, Inc. 2480 Grand Avenue Vista, California 92083 Re: Renewal of General Liability, Automobile Liability and Workers' Compensation Certificates of Insurance (Sports Park. Phase Il Gentlemen: The General Liability and Automobile Liability Certificates of Insurance, regarding the above- referenced project, are due to expire on September 15, 1996. The Workers'Compensation Certificate of Insurance is due to expire on October 1, 1996. In accordance with your agreement, the insurance certificates need to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. I have included a City approved endorsement form to submit to your insurance company; however, your insurance company may provide their own endorsement form. Please forward the updated General Liability, Automobile Liability Certificates and the endorsement form to the City, attention City Clerk's office, by September 25, 1996. The Workers' Compensation Certificate of Insurance should be in our office by October 15, 1996. If you have any questions, please contact me at (714) 443-6310. Thank you for your cooperation. Very t/ru/ly}�y^ours, /�' � Dawn M. Schanderl Deputy City Clerk Enclosure cc: Cheryl Johnson, City Clerk Sharon Heider, Open Space Project Manager 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171 STATE P.O. BOX 420807,SAN FRANCISCO,CA 94142-0807 COMPENSATION ityS4&YAA"1 -E PV N D CERTIFICATE OF WORKERS'COMPENSATION INSURANCE OCTOBER 4, 1995 POLICY NUMBER:3''33—q5 UNIT 0000277 CERTIFICATE EXPIRES: 10-1-96 r CITY OF SAN JUAN CAPISTRANO 02400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 JOB: THE SPORTS PARK PHASE I SAN JUAN CAPISTRANO L 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 forthe 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 conditionsof such policies X F" PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT 40015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 10/05/95 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO w a .v rn O A 0 EMPLOYER - ax-4: a � � to TONY WANKET CONSTRUCTION 2480 GRAND AVENUE VISTA CA 92083 R IN . • . • • MEMBERS OF THE CITU COUNCIL COLLENE CAMPBELL WYATT HART MlaAP01 T(I GILJONES IS Issusneso 1961 CAROLYN NASH JJE DAVID SWERDLIN September 29, 1995 •� Cm AGGEORGESCARBOROUGH �aeA6 Tony Wanket Construction Inc. 2480 Grand Avenue Vista, California 92083 Re: Renewal of General Liability, Automobile Liability and Workers' Compensation Certificates of Insurance (}Sports Park. Phase I) Gentlemen: The General Liability and Automobile Liability Certificates of Insurance, regarding the above- referenced project, expired on September 15, 1995. The Workers' Compensation Certificate of Insurance is due to expire on October 1, 1995. In accordance with your agreement, the insurance certificates need to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. I have included a City approved endorsement form to submit to your insurance company; however, your insurance company may provide their own endorsement form. Please forward the updated certificates and the endorsement form to the City, attention City Clerk's office, by October 11, 1995. If you have any questions, please contact me at (714) 443-6310. Thank you for your cooperation. Very truly yyours,4�/ Dawn M. Schanderl Deputy City Clerk Enclosure cc: Cheryl Johnson, City Clerk Sharon Heider, Open Space Project Manager William Huber, Director Engineering & Building 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171 LN/1717"95 12: TONY TONY 14ANKFT 07NFTF.!_Y-7774I,I 1.71040711719? '•!0.95? P07 i �,i��ttr nous DATE iMMBolYY) i$-SEP-1995 WIIIIzdCMorroon 6363 TFIC HIS.C9RTIATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Corporation of San Diego CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE insurance Services DOES HOT AMENED, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1515 Murray Canyon Rood POLICIES BELOW. sulte BOo COMPANIES AFFORDING COVERAGE San Diego CA 92109 - 1e791 297-7711 GOMPIAY A Ranger insurance Company LETTER Contact : Susan Thurston ----- _---"" _ -_ COWWY B CIGNA Fire Undorwrlters Ins, Co. LEITER Tony Waaket Construction, Inc. cd.1I Westchester Fire Insurance Co. of N.Y. 2480 Grand Avenue tetteR C: Vista CA 92089 CCFOVW� D THS IS TO CERTIFY THAT THE POLIORS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE M7BLR1E0 NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTW"STANDMq ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 04 MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DEBCPoNED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND.CONDITIONS OF 8UCH POLICIES,LMTB SHOWN MAY HAVE BEEN REDUCED BY PAID CLAVAS. ..., ., 00 TYPE Or MtUNEAMCa POLICY NUw R POLICTIPeaOTIYIE POUCYBNPgA LNNTTt L OAT!(mmwYrI OAT1104 ORT) AMN&RALLu UT GENERAL AGGREGATE E 2 000,000 X CONLAERVAL GENERA�L LIABILITY PRODUCTS-COMPIOP AEG, I 1,000,000 CLAIMS MADE I �h omm, PERSONAL & AOT. INJURY i _ 1,000,0(10 A OWNER'S & PI PGL0672996 15-SEP-7996 16-REP-1996 EAtN DCL'UPRENIF 7000000 EINE DAMAGE IAn au IIA) s 5-0,00-0- Mail. 0000Mail.EXPENSE Is..rAA aeon 5.000 AUTOMOaRa LIAINLRY COMBINED SINGLE S LIMIT 7,000,000 % ANY AUTO ... ALL OMNM AUTC& BODILY III S aCFnOULaD AUTOS CPur perm) _ B x MaEo auras 091891800 75—SEP-7986 is—SEP-1296 DIMLY INJURY s % NON-VNMU AUTOS (Pw ma'AO GARAGE UASIUYY PUVAITY DAMAGE s a&casaLlaas.nY EACI OCCUPDR E 1 4 OOD 000 C % UMBRELLA FORM CUL250217 15-SEP-1995 16-SEP-1999 AGCRECATE i 4,000000 DINER THAN UMVF*LLA FORM m Q~ v/OMOER't ODUMNMTIONSTATIRD UmUNITi SAO ACCIDENT S AMC 3 - OISFA&E-POLICY LIMIT aMPtet'BFa tMeLrfY DISEASE-EACH EMPLOYEE OTM&N r "FO"ON of OPaRA7TOxeloeATTONtNWIQ.RaOPIOMt rraMt THIS CERTIFICATE MAY HE RELIED UPON ONLY IF THE DESCRIPTION OF OPERATION$ ATTACHMENT REFERRED TO HEREIN IS ATTACHED HORRTO. low _ . - AItCLILD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEII BEFORE THE EXPIRATION DATE THEREOF, THE ISSLING COMPANY )B"DURLVaXIO MAD- 90 DAYS WRITTEN NOTICE TO THE GERTIFICATB HOLDER NAMED TO THE Sen Juan CaptslrsPublic Works LEFT,JuanEEa gfElE>ExeiuBt7mOlxfREXBIMtENiraCTN11E79HINXIEEEtMBaMBOI 32400 Passo Adoitnto 180EiLatR09111xxfolk7lAeAtRt4N1rI« SanJwn Caplstt CA 92575 AUTHOROveRsr alrr 10/03/95 12:36 TONY WAaNKET CC"'SM—ICTTDNN , 171449316153 NO.9F9 PA4 w WRtn � TssTu ogre iuumorry ^a.`�_• .«, .,� ;'s 15-SRP-1995 Was "a�"oDV'EYR' 6363 THIS CERTIFICATE !S ISS(1EQ AS A MATTER VF INFORMATION ONLY AND Willis Cartoon Corporation of San Diego CONFERS NO RIGHTS UPON THE CERTIFFCAT6 HOLDER. THIS CHMFICATE Insurance Services DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE. Isis Murray Carryon Road POLICIES BELOW. Suite e00 COMPANIES AFFORDING COVERAGE San Diego CA 82108 1819! 297-7111 �AW A Ranger Insurance Company Contact I Susan Thurston _--_- O sWANY CIGNA Fire Underwrlters Ins. Co. LETTER B Tony Wanket Cunstraatlon, Ina. CO PAW C Westchester Fire Insurance Co. of N.Y. 2480 (iraod Avenue Vista CA 92083 dun O m - -- teTrep E TOO DESCRIPTION OF OPERATIONS ATTACHMENT MAY BE RELIED UPON ONLY IF THE CERTIFICATE REFERRED TO HEREIN IS ATTACHED HERETO. Certificate Holder : 9an Juan Capistrano Public works General Liability - The Certificate Holder is an Additional Insured solely as respects work performed by the Named Insured for said Additional Insured provided, however, that a written contract requiring that the Certificate Bolder be an Additional Insured exists . RB; San Juan Capistrano Sports Park PR-1 Del Obispo, AlipaZ St. , Camino Del Action Ban Juan Capistrano, CA r uvd JVAke ,I �• eee�� r- MEMBERS OF THECITYCCOUNGL WYATT ECAMPBELL WLJO HART �' ,msarosne ES CAROL N u1776 1961 DAVID SWEASH I��6 DAVID SWEROLIN • • CITY MANAGER GEORGE SCARBOROUGH SAN JUAN CAPISTRANO BUSINESS TASK FORCE AGENDA Plaza Del Obispo above Sidewalk Cafe WEDNESDAY OCTOBER 11, 1995 4:00 - 6:00 p.m. 1. Call to Order 2. Approve Minutes from September 13, 1995 3. New Business A. Request from KSBR Radio to Record a Half-Hour Interview with Business Task Force 4. Old Business A. Report on Status of Availability of Historic Town Center Park B. Sign Ordinance Development of Recommendations C. Accomplishments Achieved by the Business Task Force 5. Roundtable COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, the City of San Juan Capistrano requests that you please contact Karen Smith in the City Manager's Office (714) 443-6315, at least 48 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to his meeting. 128CFR 35.102-35.104 ADA Title II] 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 10/03/85 12:35 TOME IJPNKF_T rnN9TF4-Y'TinNN - 17144931953 NO.9F13 fJ�li TONY WANKET CONSTRUCTION 2480 Grand Avenue, Vista, CA 92083 (619) 598-4234 (Phone) 598-4237 (Fax) Fax Transmittal ATTN: Lam- S FROM:. S4U,%,lZ kA6L,bj n� FAx DATE: PAGE 1 OF: Comments: �a��c� � c�_ a�al if you do not receive all the pages, or cannot read them, please call (619) 598-4234 10/03/95 12:35 TONY hIRNKET CCNSTi?I_Y-TI❑NN 1714,1931057 N11. 912 WILLIS CORROON September 15, 1995 Willis Corroon Cart,w.d.a of Sae Diego rmwa a , San duan Capistrano Public Works 5"",- 32400 Paaeo Adelanto Sanduan Capistr, CA 92679 1615 Narnp C.oro,.Rd. Seim 900 S.e L4.6o.CA 92 I OH TelePlwnr bl4-'19.711 i F.x61R297-7x90 Dear Certificate Holder : Enclosed is the certificate of Insurance issued on behalf of Tony Wanket Construction, Inc. should you have any questions please feel free to call. sincerely yours, / _ ,. - willis Corroon corporation of San Diego Enclas4r9 cc: Tony wanket Construction, Inc. Ranger Insurance Company CIGNA Fire Underwriters Ins. Co. Westchester Fixe Insurance Co, of N.Y. r s STATE P.O. BOX 420807,SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE FEBRUARY 17 , 1995 POLICYNUMBER: 33-94 UNIT 0000277 CERTIFICATE EXPIRES: 10-1-95 F_ CITY OF SAN .JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 OB : THE SPORTS PARK - PHASE I SAN JUAN CAPISTRANO L 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. PRESIDENT EMPLOYER' S LIABILITY LIMIT : '53,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 02/17/95 IS ATTACHED TO AND FORMS A PART OF THIS POLICY . NAME OF ADDITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO rn N_ U rM m - n n � m EMPLOYER �J1 TONY WANKET CONSTRUCTION 2480 GRAND AVENUE VISTA CA 92083 R IrM0.921 IT q112 . : • �+Ik�Ir �rY�:iibc �Iir IffU!DATE(MM/DD/YY) . '�a�M`I�XI �R'B►' i17 13—FEB-1995 PRODUCER 4994 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Willis Corroon Corporation of San Diego CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Insurance Services DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1615 Murray Canyon Road POLICIES BELOW. Suite 800 COMPANIES AFFORDING COVERAGE San Diego CA 92108 LETTERCOMPANY Pacific Insurance Co. Ltd. (619) 297-7111 LETTER A c/o Swett & Crawford Contact : Susan Thurston - COMPANY Safeco Insurance Co. of America INSURED LETTER B Tony Wanket Construction, Inc. COMPANY 2480 Grand Avenue LETTER C Vista CA 92083 LETTERY D COMPANY LETTER E C.13SlFtAS s ... 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.CID _ LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTDATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1,000,000 7:777-_ CLAIMS MAGE �X OCCUR. PERSONAL & ADV. INJURY s 1,000000 A OWNER'S & CONTRACTOR'S PROT. Z10001779 15—SEP-1994 15—SEP-1995 EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any one fire) S 50,000 MED. EXPENSE(Any one erson S 2,000 AUTOMOBILE LIABILITY COMBINED SINGLE $ X ANY AUTO LIMIT 1,000,000 ALL OWNED AUTOS BODILY INJURY E _ SCHEDULED AUTOS (Per person) B X HIRED AUTOS SA2308138A 15—SEP-1994 15—SEP-1995 BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCEBBLIABLITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE t OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY IJMITS AND EACH ACCIDENT t DISEASE-POLICY LIMIT EMPLOYERS'LIABILITY -` OISEASE-EACU EMPLOYEE OTNER , O — � G DEBCIIWTIONOFOPERATIONSR.00ATIONB/VEHICLESIBPEC1ALnEMB O THIS CERTIFICATE MAY BE RELIED UPON ONLY IF THE DESCRIPTION OF.1 -� OPERATIONS ATTACHMENT REFERRED TO HEREIN IS ATTACHED HERETO. r� CJtTI�ACAT6}#WLbfiR CANCELLATION ;1t1 days eisrn—payment of premWm SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XBNOBHMOPXXOO( 's1 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE San Juan Capistrano Public Works LEFT, GSR]EXIWABXDOCXMMIXRY�NMIOCR6H)BEIHLY}11NtA1HMTIXXJB(YD'ALR®NMAAL 32400 Paseo Adelanto X'1RBEXRx10JF>lx�wlCfONIRX7ROtX70f�ciCJDMHa7NiXR7�>AOBN77W�WACRB SanJuan Capistr CA 92675 AUTHORIEED REPRESENTATIVE "vim t'9 ''� ', + ars "fICJN x996 � WILLIS ISSUE DATE(MM/DD/YY) CDRRODN Eff .. ` '. . .� , Q .1'. 13—FEB-1995 ononi,a C DtyS TION fi11� ER 4T . 4994 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Willis Corroon Corporation of San Diego CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Insurance Services DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1615 Murray Canyon Road POLICIES BELOW. Suite 800 COMPANIES AFFORDING COVERAGE San Diego CA 92106 (619) 297-7111 COMPANY Pacific Insurance Co. Ltd. LETTER A c/o Swett & Crawford Contact : Susan Thurston -- ---- ------- COMPANY Safeco Insurance Co. of America INSURED LETTER B Tony Wanket Construction, Inc. COMPANY 2480 Grand Avenue LETTER C Vista CA 92083 COMPANY LETTER D COMPANY LETTER E THIS DESCRIPTION OF OPERATIONS ATTACHMENT MAY BE RELIED UPON ONLY IF THE CERTIFICATE REFERRED TO HEREIN IS ATTACHED HERETO. Certificate Holder San Juan Capistrano Public Works General Liability - The Certificate Holder is an Additional Insured solely as respects work performed by the Named Insured for said Additional Insured provided, however, that a written contract requiring that the Certificate Holder be an Additional Insured exists . RE: San Juan Capistrano Sports Park PH-1 Del Obispo, Alipaz St. , Camino Del Avion San Juan Capistrano, CA G . ` ISSUE DATE(MM/DD/YY) ,iii. Allh 13-FEB-1995 PRODUCER .._.. ............... .. 499¢ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Willis Corroon Corporation of San Diego CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Insurance Services DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1615 Murray Canyon Road POLICIES BELOW. Suite 800 COMPANIES AFFORDING COVERAGE San Diego CA 92108 (619) 297-7111 COWANA Pacific Insurance Co. Ltd. Contact : Susan Thurston c/o Swett & Crawford COMPANY Safeco Insurance Co. of America INSURED ---- LETTER B Tony Wanket Construction, Inc, COMPANY 2480 Grand Avenue LETTER C Vista CA 92083 LETTER COMPANY D COMPANY LETTER E CiiYk1AGS '.'. .... 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. _ c0 TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTF DATE(MA/DD/YY) DATE(MM/DD/YY) GENERAL LIABLRY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1,000,000 CLAIMS MADE 17� OCCUR. PERSONAL & ADV. INJURY $ 1,000,000 A OWNER'S & CONTRACTOR'S PROT. Z10001779 15-SEP-1994 15-SEP-1995 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any ane fire) $ 50,000 MED. EXPENSE(Any oneperson] $ 2000 AUTO MOBLE LIABLITV COMBINED SINGLE X ANY AUTO LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B X HIRED AUTOS SA2308138A 15-SEP-1994 15-SEP-1995 BODILY INJURY Y X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE Y EXCESS LIABLRYEACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION __ STATUTORY_LIMITS is __ AND EACH ACCIDENT $ DISEASE-POLICY LIMIT _ $ EMPLOYERS'LIABILITY -- --- '"' - -'—-- OISEASE-EACH EMPLOYEE $ OTHER r*� CU ff � IT DESCRIPTION OF OPERATIONSLOCATIONSMHIMNWISPECIAL rrEMS THIS CERTIFICATE MAY BE RELIED UPON ONLY IF THE DESCRIPTION OF rn OPERATIONS ATTACHMENT REFERRED TO HEREIN IS ATTACHED HERETO. LftT$pICATR Hak fit# XlY CANCE4LATfON ;10 days Lion-paymeet of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XSNOOQXd06(XRX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE San Juan Capistrano Public Works %':LEFT.9JXTOFXIUDAQXDOCXaNEXYl0iN7N0(RSH7BHHCX701mtIDSEN9gIX)6LTDWLR�N7gIAC 32400 Paseo Adelanta s:':sX1HBtlXRYt101FkKJ»OIUNWX7PANCAf�R1MttP/NtctlD6MOBNW�VtALABRBMvkOBRt SanJuan Caplstr CA 92675 AUTHORIZED EPREEENTATIYE VGp vl ( J iK ! £tTAi'O TSI 19 WILLIS '. 6VI' r ISSUE Dire(MA/OD/YY) aR it coaaooa TI:b�# RATIOFCS '> 13-FEB-1995 Willis Corroon 'PRO4994 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND orroon Corporation of San Diego CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Insurance Services DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1615 Murray Canyon Road POLICIES BELOW. Suite 800 COMPANIES AFFORDING COVERAGE San Diego CA 92106 (619) 297-7111 COMPANY Pacific Insurance Co. Ltd. LETTER A Contact : Susan Thurston c/o Swett & Crawford INSURED COMPANY B Safeco Insurance Co. of America LETTony Wanket Construction, Inc. COMPANY 2480 Grand Avenue LETTER C Vista CA 92083 COMPANY LETTER D COMPANY LETTER E THIS DESCRIPTION OF OPERATIONS ATTACHMENT MAY BE RELIED UPON ONLY IF THE CERTIFICATE REFERRED TO HEREIN IS ATTACHED HERETO. Certificate Holder San Juan Capistrano Public Works General Liability - The Certificate Holder is an Additional Insured solely as respects work performed by the Named Insured for said Additional Insured provided, however, that a written contract requiring that the Certificate Holder be an Additional Insured exists . RE: San Juan Capistrano Sports Park PH-1 Del Obispo, Alipaz St. , Camino Del Avion San Juan Capistrano , CA CE Union Bank Real Estate Industry Deposit Servicea 1980 Saturn Street Monterey Park.California 91755-7417 Post Office Box 60691 June 23, 1995 Las Angeles, California 90060-M91 Attn: Sharon Heider Open Space Project Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Escrow No. 105-9455 Project: San Juan Capistrano Sports Park-Phase One Contractor: Tony Wanket Construction Inc. Dear Sharon: In reference to the above numbered escrow, please forward any future deposits and correspondence to: UNION BANK V01-472 Escrow No. 105-9455 Attn: Virginia Beach 1980 Saturn Street Monterey Park CA 60691 If you have any questions, please call me at (213) 720-2478. C�n erely, ° K GV Ck. 4�'Le� Virg is Beach Certified Senior Escrow Officer 0 Umfi, B,,k Real Estate lnaustry Deposit Services 1980 Saturn Street Monterey Park. California 91755-7417 Post Office Bas 60691 Los Angeles, California 90060-0691 June 23, 1995 ATTN: MARY BOCHIECHIO TONY WANKET CONSTRUCTION, INC. 2480 Grand Avenue Vista, CA 92683 RE: Escrow #105-9455 Project No. San Juan Capistrano Sports Park-Phase One Owner: City of San Juan Capistrano Contractor: Tony Wanket Construction Inc. Dear Mary: Please be advised that on this date we have received from the City of San Juan Capistrano retention funds in the amount of $7,102.90 for deposit into the above referenced escrow. This deposit brings the total amount of retention funds to $7,102.90 excluding accrued interest. Please feel free to call me at (213) 720-2478 with any questions you may have. Very truly yours, UNION BANK Virginia Beach Certified Senior Escrow Officer cc: City of San Juan Capistrano, Attn: Sharon Heider Copy ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into this 21st day of June, 1995, between CITY OF SAN JUAN CAPISTRANO, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, hereinafter referred to as "Owner" and TONY MARKET CONSTRUCTION, INC. , 2480 Grand Avenue, Vista, CA 92083, hereinafter referred to as "Contractor" and UNION BANK whose address is Mail Code: VOI-473 1980 Saturn Street, Monterey Park, CA 91755, hereinafter referred to as "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between Owner and Contractor for PROJECT: SAN JUAN CAPISTRANO SPORTS PARK - PHASE ONE in the amount of $2, 162, 178.41(hereinafter referred to as the "Contract" ) . When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten ( 10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between Owner and Contractor. Securities shall be held in the name of UNION BANK ESCROW 105-9455 and shall designate the Contractor as the Beneficial Owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. 3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is . terminated. 1 4. On a quarterly basis, the Escrow Agent shall furnish to the Owner an accounting of all assets held in the escrow account by him, including a list describing each security, its face value, maturity date, its current market value and the total market value of all assets held in the escrow account. 5. Contractor shall be responsible for paying all fees for the expense incurred by Escrow Agent in administering the escrow account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor and Escrow Agent. 6. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time from time to time without notice to Owner. 7. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by the Contractor. 8. The Owner shall have a right to draw upon the securities in the event of default by Contractor. Upon seven days' written notice to the Escrow Agent from Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 9. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that tha- Contractor has complied with all requirements an procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fee charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 10. Escrow Agent shall rely on the written notification from the Owner and the Contractor pursuant to Sections (5) and (7), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and Interest as set forth above. 11. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures as follows: On behalf of Owner, City of San Juan Capistrano, Title: C1 Mans er Name: G O E S RSOROUGH Signature: Address: Pas o Adelanto Sa Juan apistrano, CA 92675 On behalf of Contractor, Tony Wanket Construction, Inc. Title: Corporate Secretary Name: Mary P. Bochie hio Signature: Address: 2480 "�d Avenue Vista; CA 92083 On behalf of Union Bank: Title: Certi ed Senior Es ow Officer Name: it ip Beach Signature: Address: 19190 Sa urn Street Monterey Park, CA 91755 At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this agreement. 3 IN WITNESS WHEREOF, The parties have executed this Agreement by their officers on the date first set forth above. OWNER, City of San Juan Capistrano Name: G RGE SC RBOROUGH Title: i y Man er LiK�_Signatu e� CONTRACTOR, Tony Wanket Construction, Inc. Name: Mary P. Bochiechio Title: Corporate Secretary L Signature: 4 JV Please sign date and return to the City Clerk's office. y, MEMBERS OF THE CITY COUNCIL hank YOU! WYArr ECAMPBELL YATT HMT DRUG UlE numll.m OIL MNES IOlrntelo 1961 CAROLYN NASH 1776 DAVID SWERDLIN • • CITY MANAGER GEORGE SCARBOROUGH NOTICE TO PROCEED TO: Tony Wanket Construction, Inc. 2480 Grand Avenue ti Vista California 92083 rn n7 —r- Project: Sports Park, Phase I �'- co v, Amount of Contract: $2,162,178.41 You are hereby notified to commence work on the referenced contract on March 24, 1995, and to fiilly complete all of the work of said contract within 240 consecutive calendar days thereafter. Your completion date is October 20, 1995. The contract provides for an assessment of the sum of $250.00 as liquidated damages for each consecutive calendar day after October 20, 1995 that the work remains incomplete. Dated this 16th day of March, 1995. ove'tt�' 0'1-' Cheryl Johnson City Clerk ACCEPTANCE OF NOTICE Rece1 t�of�a foregoing Notice to Proceed is hereby acknowledged by this; day of �t�. - 1995. March 50, 1995 CORRECTION Please note 240 consecutive calendar days should read 210consecutive calendar days. /(A"" ad: wlLlza'lz� 4'114&g/v /bbl'U 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Please Sign, Date &I Return This Copy ----------------- JMan MEMBERS OF THE Cm COUNCIL J COLLENE CAMPBELL DRUG UfE WYATT HART �101101IT(o OIL JONES it I ulx,o 1961 CAROLSN NAS11 1776 DAVID Cm MANAGER � GEORGE SCARBOROUGH March 8, 1995 Tony Wanket Construction 2480 Grand Avenue x �71eta California 011"191 ti m Re: Award of Contract - Sport. Park- eI — rn vm Gentlemen: cn At their meeting of February 21, 1995, the City Council of the City of San Juan Cap` trano awarded the contract for construction of the San Juan Capistrano Sports Park, Phase I to your company at $2,162,178.41. A fully-executed copy of the agreement is enclosed for your records. The City has received the insurance required by the Contract. You are required to return an acknowledged copy of this Notice of Award. Thank you for your cooperation. If we can be of further assistance, please call. V�,v truly yours, Cheryl John n City Clerk Enclosure cc: Director of Engineer and Building (with copy of contract) Sharon Heider (with copy of contract) Accounts Payable Receipt of the for oin otice of Award is hereby acknowledged: By This _,2L day of1995. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 354 • • ADOPTION OF RESOLUTION INITIATING GEOLOGIC HAZARD ABATEMENT DISTRICT 98-1 FOR TENTATIVE TRACT 14196 AND SETTING UBLIC HEARING DATE SID PARTNERS LTD/SUNCAL 345.90 As s forth in the Report dated November 3, 1998, from the Director of Engineering and Buildin , thefollowing Resolutions declaring that the City is subject to the provision of Public Res ces Code,Division 17 "Geologic Hazard Abatement Districts;" and, setting a time and date public hearing for formation of a geologic hazard abatement district were adopted: SOL TIO O. 98-11-3-3 "GEOLOGIC HAZARD ABATEMENT DISTRICTS"-A iWSOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO DE ARING THAT THE CITY OF SAN JUAN CAPISTRANO IS S IJ TO THE PROVISION OF PUBLIC RESOURCES CODE, %IS" 17, "GEOLOGIC HAZARD ABATEMENT DISTRIC RESOLUTION NO. 98-IOGIC HAZARD ABATEMENT ISTRICTS" - SETTING PUBLIC ARING TRACT 14196/SJD PARTNERS,LTD)-A RESOLUTION OF E CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CA ORNIA, DECLARING SUFFICIENCY OF PETITION,DIRECTfNGN6TM TO BE MAILED TO THE PROPERTY OWNER AND SETTING A TIM NDDATE FOR PUBLIC HEARING FOR FORMATION OF A GEOL IC HAZARD ABATEMENT DISTRICT PURSUANT TO THE REQUI ENTS OF PUBLIC RESOURCES CODE OF THE STATE OF CALI RNIA, DIVISION 17 "GEOLOGIC HAZARD ABATEMENT DIST CTS" (TRACT 14196/SJD PARTNERS, LTD) 8. DENIAL OF CLAIM OF TONY WANKET CONSTRUCTION, INC. FOR DAMAGES AND CONTRACT EXTENSION INCURRED (170.10) As set forth in the Report dated November 3, 1998,from the City Attorney,the construction claim in the amount of$900,000 was denied. The folioitem was removed from the Consent Calendar at the request of Mayor Jones: APPROVAL OF TOLL AGREEMENT - GORDON CAMMELL V. SJD PARTNERS LITIGATION (MEREDITH CANYON)(600.30) Written Communications: Report dated November 3, 1998, from the City Auto ney,advising that homeowners affected by the May 21, 1998, Meredith Canyon landslide haveZnitiated litigation against SJD Partners, Ltd, but have not included the City in the litigation at th*N point. The deadline for City Council Minutes -4- (3/9R Adoption of Resolution Adopting the HOPE Plan: • It was moved by Council Member Jones, seconded by Council Member Hart, that the following Resolution be adopted: RESOLUTION N0, 95-2-21-5. ADOPTING THE HOPE PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE HOPE PLAN AS A FRAMEWORK FOR PROCESSING AND DEVELOPING HOUSING ASSISTANCE PROGRAMS AND PROJECTS IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None Direction to Initiate Programs and Process Code Amendments: It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously carried that staff be directed to: • (1) Initiate programs related to the expenditure of set-aside funds toward a) First-Time Buyers/Downpayment Assistance; b) Rental Securement; c) Subsidy Assistance; and d)Mobile Home Exterior Health and Safety Code Corrections to help meet San Juan Capistrano's existing housing needs; (2) Process a Code Amendment to establish in-lieu housing fee requirements for new subdivisions involving more than five dwelling units; and (3) Process a Code Amendment to establish senior/family affordable housing standards and requirements. ENGINEERING AND BUILDING SERVICES DIImECTOR —�j I. AWARD OF CONTRACT- SAN JUAN CAPISTRANO SPORTS PARK- p A (TONY WANKET CONSTRUCTIONI (600.30) Written Communications: (1) Report dated February 21, 1995, from the Engineering and Building Director, recommending that the contract for the construction of Phase I of the Sports Park be awarded to the lowest responsible bidder, Tony Wanket Construction, Inc., in the amount of$2,162,178.41. The proposal included an upgraded irrigation system for the Agricultural Preserve Farm in the amount of$83,406.50. i City Council Minutes -12- 2/21/95 AGENDA PTEM February 21, 1995 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering&Building SUBJECT: Award of Contract - San Juan Capistrano Sports Park (Tony Wanket Construction, Inc.) RECOMMENDATION By motion, 1) award the contract for the Sports Park construction to the responsible low bidder,Tony Wanket Construction, Inc., in the amount of$2,162,178.41 and reject all other bids. Authorize the Mayor and City Clerk to execute the contract on behalf of the City. 2) approve the Budget Amendments for the Sports Park project to utilize $245,008 of interest from the Open Space Bond Proceeds.3) Authorize the expenditure of$92,747. from the Kinoshita Farm fund/Agricultural Preservation Fees for a new irrigation system at the Farm. SITUATION Summary Md Recommendation Bids for the construction of the Sports Park were opened January 24, 1995. The low bid was received by Tony Wanket Construction for $2,162,178.90 (this includes a Farm irrigation bid for $83,406.50), this is approximately 10% less that the Engineer's estimate of $2,300,900.25 (including $112,970 for the farm irrigation system). Attachment A includes each of the bidders and their bid totals. Due to items required for compliance with the City standards for roadway and storm drain design, additional items were required other than originally projected. In order to maintain a 10% contingency and appropriate levels of inspection and testing throughout the project, a budget amendment of an additional $245,008 is requested from the interest earned on the Open Space Bond Funds. An upgraded irrigation system for the Agricultural Preserve Farm is also included, and funds for its construction are requested from the Kinoshita Farm fund/Agricultural Preservation Fees. Staff recommends award of the low bid to Tony Wanket Construction, and the proposed budget amendment. FOR CRY COUNCIL AGEN �Z 0 AGENDA ITEM -2- February 21, 1995 )a Hackaound The Citys Open Space Master Plan effort began in July 1990. An Open Space Master Plan was prepared, and adopted in June 1992. Staff then prepared the Open Space Master Plan Implementation Report, which identified funding allocation for the first portions of work. This report was formally adopted February 2, 1993. Staff was directed to proceed with the implementation process, and began development of the phase one design. At that time, the Capistrano Unified School District approached the City about purchasing the Redevelopment Agency land adjacent to the park site for a new elementary school. Staff and Council worked with the District to integrate a potential school site into the Masterplan for the area. The City Council approved the revised Conceptual Masterplan for the Sport Park at the March 1, 1994 meeting. A design team was selected and preparation of the construction documents proceeded. At the August 16, 1994 meeting of the City Council, the Open Space Master Plan Implementation Report was amended to provide a funding allocation of $2,144,600 for the construction of the Sports Park. On October 18, 1994, the City Council approved the Conceptual Plans for the first phase improvements to the Sports Park, and on November 22, 1994 the Plans and Specifications were approved and authorization was given to advertise for bids. Seventeen bids were received and opened on January 24, 1995. The bid amounts were verified, and the low bid was received from Tony Wanket Construction, Inc. An irrigation system for the Agricultural Preserve was included with the bid items for the Sports Park. This will upgrade the outdated system to provide better distribution of the irrigation water, making crop production more efficient. The irrigation system was included with the Sports Park construction to take advantage of the contractor being on site and mobilized. By including this maintenance type project within the larger Sports Park project, we are able to get a better price, and coordinate the two project's irrigation requirements most effectively. The cost for the new farm system is $92,747 including a 10% contingency and monitoring fees. The recommendation is that this be paid for out of a combination of the Kinoshita Farm fund/Agricultural preservation fees. COM iSSION/BO Rn REVIEW AND RECOMMENDATIONS Not applicable AGENDA ITEM -3- Febnuuv 21. 1995 FINANCIAL CONSIDERATION At the August 16, 1994 City Council meeting $3.8 million in Open Space Bond Funds were allocated to three projects ($2,144,600 for the Sports Park; $1,411,000 for the Community Center; $243,600 for the TEA project). At that time, information was not available on the interest that has been earned on these funds, or any Staff and design costs that had been incurred prior to that. The amount available as of FY 94-95 is $4,045,772, this includes interest earned, and Staff/design time deducted. Below is a listing of the amount available and the allocations to date $4,045,772. Open Space Bond Funds including interest earned $2,144,600. Amount allocated for Sports Park $1,411,000. Amount allocated for Community Center $-243.600. Amount allocated for Northwest TEA project $ 246,572. Total funds unallocated During the completion of the design of the Sports Park, there were additional items of work relating to the storm drain system and roadway required for compliance with the City's standards. The addition of these items raised the cost of the project higher than originally projected. Although the bid total of $2,078,772 is less than the$2,144,600 allocated, it does not account for all of the items needed to complete construction. Below is a fist of the additional items needed for construction and their associated costs. $2,144,600. Funds allocated for construction $2,078,772. Construction Bid amount $ 65,828. Amount remaining Additional Items needed: $ 23,202. Required Geotechnical testing and inspection $ 7,000. Archaeological& Paleontological monitoring required by E.I.R. $ 72,757. Staff(Engineering Inspector,Building Inspector,Project Management) $+207877- Contingency for Construction(10% of construction total) $ 310,836. Total items needed $ 310,836. Total items needed 5 _¢5,828- Amount remaining $ 245,008. Budget Adjustment requested from interest on Open Space Bond Funds The cost for the upgraded irrigation system for the farm is $92,747. This includes a 10% contingency and $1000 for Archaeological/Paleontological monitoring. It is requested that this item be funded from a combination of approximately$45,000. from the Kinoshita Farm fund, and $47,747 from the Agricultural Preservation Fees. MEMORANDUM February 17, 1995 TO: George Scarborough, City Manager FROM: Sharon Heider, Open Space Project Manager2o/4' SUBJECT: Revisions to February 21, 1995 Sports Park Agenda Item. Enclosed are the revised sheets 3 and 4 for the Award of Contract - San Juan Capistrano Sports Park agenda item, per your request. Please omit these sheets from the original report, and replace with these. The changes on these sheets do not change the recommendation or dollar amounts. These changes are an effort to provide clarity and remove some confusion that has occurred over statements in the staff report. cc: Cheryl Johnson, City Clerk Bill Huber, Director of Engineering and Building /J 2 Q. X r�aeK� 1-s Z�i 2-1t7- 93)o - i�95' AGENDA ITEM -3- February 21, 1995 E FINANCIAL CONSIDERATION At the August 16, 1994 City Council meeting $3.8 million in Open Space Bond Funds were allocated to three projects. At that time, information was not available on the interest that has been earned on these funds,or any Staff and design costs that had been incurred prior to that. The amount available as of FY 94-95 is $4,045,772, this includes interest earned, and Staff/design time deducted. Below is a listing of the amount available and the allocations to date. $4,045,772. Open Space Bond Funds including interest earned $2,144,600. Amount allocated for Sports Park $1,411,000. Amount allocated for Community Center $-243,600. Amount allocated for Northwest TEA project $ 246,572. Total funds unallocated At the completion of the design for the Sports park,the project was submitted for plan check. At that time additional items of work relating to the storm drain system and roadway were required for compliance with the City's standards. These items included widening the roadway, and providing additional storm drain substructure. The addition of these items raised the cost of the project approximately $245,000 more than originally projected. As a result, the current amount allocated is not sufficient to cover the items added during plan check, and the other items that are required during construction. The bid total of $2,078,772 is less than the $2,144,600 previously allocated by Council. However the previous allocation not only included construction costs, but also included necessary construction services, staff time and contingencies. Below is a fist of the items needed for construction and their associated costs. $2,144,600. Funds allocated for construction $2-078,772, Construction Bid amount $ 65,828. Amount remaining Items needed for Construction: $ 23,202. Required Geotechnical testing and inspection $ 7,000. Archaeological&Paleontological monitoring required by E.I.R. $ 72,757. Staff(Engineering Inspector,Building Inspector,Project Management) 1+207-877, Contingency for Construction(10% of construction total) $ 310,836. Total $ 310,836. Total $ _65-828. Amount remaining $ 245,008. Budget Adjustment requested from interest on Open Space Bond Funds • BOND #124255775 n LABOR AND MATERIALSOND PREMIUM: INCLUDED EXECUTED IN TRIPLICATE KNOW ALL NEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to TONY WANKET CONSTRUCTION. INC License No. hereinafter designated as "Principal', a contract forSAN JUAN CAPISTRANO SPORTS PARK PH-1 CA DEL OBISPO, ALIPAZ ST. , CAMINO DEL AVION SAN JUAN CAPISTRAjsOand 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 TONY WANKET CONSTRUCTION, INC. Principal, and CONTINENTAL CASUALTY COMPANY as Surety are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of TLD MILLION ONE HUNDRM SIXTY M UDEAND ONE H(1NDRED DOLLARS ($moi62.17R_41 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 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 34 EXECUTED IN TRIPLICATE BOND ,#124255775 shall inure to the benefit of and all persons, companies I'd corporations entitled :o file claims under said act, so as to give a right of action to them or their assigns in anv 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 21ST day of FEBRUARY . 19 9 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed Sy its undersigned representatives pursuant to authority of its governing body. TONY WANKET CONSTRUCTION, INC._ PRINCIPAL sy —1 L�' CONTINENTAL CASUALTY COMPANY SURETY By 1 . CECILY M IPSO , A ORNEY-IN-FACT APP OY£D AS TO FOR CITY ATTORNEY Page 2 - Labor .Y Staterials Bond iS CALIFORNIA ALL-PURPOM ACKNOWLEDGMENT No 5907 State of CALIFORNIA County of SAN DIEGO On FEBRUARY 21, 1995 before me, REGINA REEVES, NOTARY PUBLIC DATE NAME.TITLE OF OFFICER-EG,'JANE DOE.NOTARY PUBLIC* personally appeared CECILY M.GIPSON NAME(S)OF SIGNER(S) E] personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(t) whose nameN) is/Al f subscribed to the within instrument and ac- knowledged to me that be/she/titW executed the same in j&/her/flog authorized capacity(INE), and that by )HG)6/her/Xf4 X signature(R) on the instrument the person(t, PFGINA ,Y 9766 C0�4M4M. 9766505 -. up or the entityon behalf of which the Qpmy NOtOryP,.d : Collfornio person(o) acted, executed the instrument. SAN DIEGG C:OUN Y Comm.Exp rGS NOV 1. 1996 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER rmE(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITYIES) gt)RETY SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184-Canoga Park.CA 913097184 Continental Casualty Cor4bny 01 CNA For All the Commitments You Make AN ILLINOIS CORORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents,That CONTINENTAL CASUALTY COMPANY,acorporation duly organized and existing under the laws of the State of Illinois,and having its principal office in the City of Chicago,and State of Illinois,and having its principal office in the City of Chicago, and State of Illinois, doeshereby make, constitute and appoint Susan C. Warren, Ceci ly M. Gipson, Larry D. Cogdill , Ingrid Erika Crosby, Individua y of San Diego, California its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign,seal and execute in its behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts Of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—(execution of Documents Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof,CONTINENTAL CASUALTY3CRMPANY has caused theseR"g%6 g„be signed by its Group Vice Preside t nd its corporate seal to be hereto affixed this r day of -, 19—. � State of Illinois , CO TINENTAL CASUALTY COMPANY County of Cook }ss =� .s S SEAL M.C. \ nnahme Group Vice President. On this 3rd day of November 19 93 , before me personally came M.C.Vonnahme,to me known,who, being by me duly swam,did depose and say:that he resides in the Village of Downers Grove,State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. e a Linda C. Dempsey N to Public. CERTIFICATE My Commission Expires Or ober 19, 1994 I,John M.Littler,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,do certify that the Power of Attome herein above set forth is still in force,and further certify that Section 3 of the Article IX of the By-Laws of the Company and the Resolution o.t &ard'pf Directors, set forth in said Power of Attorney are still in force. In testimon whereof I have hereunto subscribed my name and affl r,`th�seal Of the said Company this 21ST day of FEBRUAR� t9 95 3 a �Nro,p V SEAL 3 John M. Assistant Secretary. Forth 143142-15 „n INV.NO.G-56623C CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59D State of CALIFORNIA County Of SAN DIEGO On MARCH 1, 1995 before me, NARY P. BOCHIECHIO DATE NAME,TITLE OF OFFICER-F—G.,-JANE DOE.NOTARY PUBLIC' personally appeared PATRICIA WANKET NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their MARY P. 80CHIEfH10 signature(s) on the instrument the person(s), Q comm.R970479 or the entity upon behalf of which the NOTARYPUBLIC CAUFORt6A $e 0 71 person(s) acted, executed the instrument. d &VC0 res Aft.t,= WITNESS my hand and official seal. ;� ,6�Oc� rj SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER rmFs) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENfRY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 PERFORAIIANCE BONDBOND #124255775 PRDUUM:$25,122.00 • EXECUTED IN TRI .KATE KNOW ALL MEN BY THESE PRESENTS: That TONY WANKET CONSTRUCTION, INC. , as Principal, hereinafter called CONTRACTOR, and CONTINENTAL CASUALTY COMPANY hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in thun '11+Oof MaMCNCNE11UNDREDSDCIY MMi1ULF" ONE liNMED SEVEM EIGHT' AND 41/ 161 celllarar s for payment ment 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 FEBRUARY 21, 1995 . entered into a (describe agreement) SAN JUAN CAPISTRANO SPORTS PARK PH-1, DEL OBISPO, ALIPAZ ST. , CAMINO DEL AVION SAN JUAN CAPISTRANO, CA 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 force and effect. Surety waivrs whatever legal right it may have to require that a demand be made first against the priricipa! 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. 32 EXECUTED IN TRIPLICATE BOND #124255775 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 21ST day of Ig 9_ 5 ; at SAN DIEGO California. TONY WAAy�NNKET�CONSTRUCTION, INC/. PRINCIPAL APPROVED AS TO FORM: (NOTARIZATION AND SEAL) P�'4 iLalU`a City Attorney CONTINENTAL CASUA Y COMPANY WMSURETY il -&4 j UIPSO3,IPSOA ORNEI-ITV-FACT (NOTARIZATION AND SEAL) Page 2 - PERFORMANCE BOND 33 CALIFORNIA ALL-PURP ACKNOWLEDGMENT No 5907 State of CALIFORNIA County of SAN DIEGO On FEBRUARY 21, 1995 before me, REGINA REEVES, NOTARY PUBLIC DATE NAME.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC" personally appeared CECILY M.GIPSON NAMES)OF SIGNERS) 7 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(t) whose nameQs) isl0d subscribed to the within instrument and ac- knowledged to me that km/she/#M executed the same in /her/A}*j authorized capacity(19N), and that by 3hCi8/her/RIMX signature(§) on the instrument the person(§), REGINA RFEVES or the entity behalf of which the .-:, On .a 976605 up4on � ; Natory c•_, - COVOTrYa ; person(p) acted, executed the instrument. ..+ SAN OIEGG "OUNN My Comm.Expues NOV 1, 1996 Irm P111 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SURETY SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184-Canoga Park.CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Ne.5907 State of CALIFORNIA County of SAN DIEGO On MARCH 1, 1995 before me, MARY P. BOCHIECHIO DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC' personally appeared PATRICIA WANKET NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their MARY F. BOCNIEW signature(s) on the instrument the person(s), corm.8970479 f or the entity upon behalf of which the • NOTARYSan 040 QMM 11 person(s) acted, executed the instrument. 4 tiN Cbmm.Expires M� g� Y� i. WITNESS my hand and official seal. Awl Xlciac1+�- SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Continental Casualty Com9w CNA For All the Commitments You Make' AN ILLINOIS CORORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents,That CONTINENTAL CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Illinois,and having its principal office in the City of Chicago,and State of Illinois,and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint Susan C. Warren, Cecily M. Gipson, Larry D. Cogdill , Ingrid Erika Crosby, Indlvidua y of San Diego, California its true and lawful Attomey-in-fact with full power and authority hereby conferred to sign,seal and execute in its behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof,CONTINENTAL CASUALT!lC2MPANY has caused theseR[NNg�pe signed by its Group Vice Presideotznd its corporate seal to be hereto affixed this r day of 119—. ys State of Illinois }as CO TINENTAL CASUALTY COMPANY County ofO M.C. Vinnahme Group Vice President. On this 3rd day of November 19 93 , before me personally came M.C.Vonnahme,to me known,who, being by me duly swom,did depose and say:that he resides in the Village of Downers Grove, State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to the said instrument is such corporate seal;that It was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. /77 J NOTAaI PUBLIC �r�Ca.�. Linda C. Dempsey N to Public. CERTIFICATE hiy Commission Expires D 1<ber 119, 1994 I,John M.Littler,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,do certify that the Power�f Attom hnreir,above set forth is still in force,and further certify that Section 3 of the Article IX of the By-Laws of the Company and the Resolution o tiv-i3ocrd'of Directors, set forth in said Power of Attorney are still in force. In testimony�whereof I have hereunto subscribed my name and aiffi%�e seal of the said Company this 21ST day of FEBRUARY 19 95 r`e+uSw,r` i ta"a+,r =3 sEAt 3 John M. Assistant Secretary. Form 1-23142.9 INV.NO.G.56623-C • , �VAN„ • MEMBERS OF THE CIN COUNCIL COLLENE CAMPBELL GARY L HAUSDORFER ✓� GILJONES b InUUIUIU CAROLYN NASH a ISIIII6R1 1961 JEFF VASQUEZ 1776 t♦ CITY MANAGER GEORGE SCARBOROUGH NOTICE TO ALL PLAN HOLDERS SAN JUAN CAPISTRANO SPORTS PARK RE: BID DOCUMENT REFUND PROCEDURE Any plan holder wishing to be refunded the purchase price of the Bid Documents, must make an appointment with the Open Space Project Manager to review the condition of the documents. The Bid Documents must be in good condition with no writing/marks, tears or pages missing. Appointments will be held January 31, 1995 through February 3, 1995. Please call Sharon Heider, Open Space Project Manager at (714) 443-6338 to set up your specific time slot. No Bid Documents will be accepted without an appointment. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 9 (714) 493.1171 Bid Opening Report Bids opened: Tuesday, January 24, 1995 at 2:00 p.m. Project Title: Sports Park Phase I Project Engineer: Sharon Heider Pre-Bid Estimate: $2.062.570 Bidder: Bid Amount Bid Bond Addenda 1 & 2 "-3770 . !� 2. 3. Q2j 0?�� s/ 5. 6. 7. s. 9. 10. � �r Z, ¢7� lvloB. as cc: City Clerk Staff (3) Bldg & Engrg or PL&F Dept (3) S ed: City Manager (1) Dated: The above bid amounts have not been checked he bid totals are subject to correction after the bids have been completely reviewed. Page of • Bid Opening Report • Bids opened: Tuesday, January 24, 1995 at 2:00 p.m. Project Title: Sports Park Phase I Project Engineer: Sharon Heider Pre-Bid Estimate: S2.062S j0 Bidder: Bid Amount Bid Bond Addenda 1 & 2 1.l r/lGLG�if��57 L4�a C4�5-z. 81 2. t/�/OD Z.J�(p� Z• oo 3. /7 C.,D A ZS7, X5`z Sa 4. TfI C�.�c3T 2 CIO 7. 8. 9. 10. cc: City Clerk Staff (3) Bldg & Engrg or PL&F Dept (3) Signed: City Manager (1) Dated: The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. Page Z of c)— T , WANKET CONSTRUCTION, INC. Sealed Bid for CONSTRUCTION OF THE SPORTS PARK PHASE ONE January 24, 1995 2 :00 p. m . License # 499679 Class A & B 3-/q -q55 ulza�� 2480 GRAND AVENUE VISTA CALi7ORN14 92083 '619) 5,98-4234 FqX 1619) 3984237 LICENSE X45*67J • CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS Sports Park - Phase One City of San Juan Capistrano CITY COUNCIL • COLLENE CAMPBELL, MAYOR GARY L. HAUSDORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGESCARBOROUGH City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 December 1994 F 'u.w BiD PROPOSAL • For the: Construction of the Sports Park - Phase One. San Juan Capistrano From: Tony Wanket Construction, Inc. Contractor To the Honorable City Council City of San Juan Capistrano Councilmembers: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions. and the Standard Specifications for Public Warks Construction. 1991 Edition, including all supplements therefore, read the Instructions to Bidders, and is familiar with all proposal requirements, any and all Addenda, including any Addenda received via facsimile machine (FAQ, (if any) issued during the bid period and is thoroughly familiar with all contents thereof and acknowledges receipt of the following Addenda: (Bidder to list all Addenda). OADDEN-DU--NA NO. 1 DATE RECEIVED; San. 17. 1995 ADDENDUM NO. 2 DATE RECEIVED; Jan. 20, 1995 ADDENDUM NO. DATE RECEIVED; ADDENDUM NO. DATE RECEIVED; ADDENDUM NO. DATE RECEIVED; ADDENDUM NO. DATE RECEIVED; ADDENDUM NO. DATE RECEIVED; 7 and hereby proposes and agrees, If the proposal is sxepted, to furnish all mucrial :.nd do all the work required to compkte the said construction in accordance with the Contract Docutnenu, as defined in Section 1.2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to totals of TOTAL BASE BID MICE -I 1 l?M5 lvn.7_'i'HROUGH No.145 Said amount to include and cover all taxes, the fishing of all materials. the performing of all the labor reqliirite or proper and the providing of all ncc:essary machitrery, tools, apparatus, and other means of consmlction; also. :he performance and completion of aIl the work in the manner set forth, descrbed and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work wittrin fifteen (15) calendar days from the date of execution that&, and to(Eigently prosecute the work to completion before the expiration of two hundred and tea (210) working days days (including the 30 day plant establishment and 60 day post-installation period;. All bids we to be commaed on the basis of the given Estimated Qututt1des of Work,as indicated in this proposal, times the unit prices as submitted by the bidden. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, clic unit pricc shall prevail and bids will be computed as indicated above and Oompartd on die basis of corrected totals. The estimated quantities of work indicated in the proposal we approximate only, being given soitby as a basis for comparison cf bids. It is understood that the City does not expressly, nor by implicatior, agree that the acetal amount of work will correspond therewith, but reserves the right to increase or decrease the amunt of any item or portion of the work or to omit portions of the work as .nay be deemed=pedienr by the Project-Manager. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at tate prices stipulated. If the proposal is rejected, Then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned, if the proposal is accepted and the undersigned faits to enter into a contract x ithin fifteen (15) days after the agmernt:mt is delivered oo him for signature,or within such further size as may be granted by the City Council, then said check shalt be cashed or said bond declared forfeited and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shad be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to c=ply .with the tens of this p-•aposal. • S 60'd L£Zt786SGT(T 01 Wodd 6S:ST S66T-02-NNf Accompanying this proposal is Rid u a (Insert ."S cash," cashiei s check, certified check or bidder's bond on the forms from pages 1 thru 24 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. *** The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Continental Casualty 1615 Murray Canyon Rd San Diegg. CA WMA Licensed in accordance with an act providing for the registration of contractors-License No.499679 A & B Signature of Bidder. Tony Wanket Construction, Inc. 2480 Grand Ave. Vista, CA 92083 619-598-4234 Tony Wanket /resident Corporation: See Attached For Officers (If an individual, so state. If a firm or co-partnership, state the f=. name and give the names of all individual co-parmers composing the fire: President, Secretary, Treasurer. and Manager thereof-) Dated: Business Address . Dated: Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dazed: Business Address Dazed: Telephone Number • 9 CALIFORNIA ALL-PURPI ACKNOWLEDGMENT • No 5907 • State of 0a County of Sw D t * On amu} 10195 before me, Mrt Yu • elf t7 DATE NA E,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared 1(Q.+ NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 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. � a1 BOfNIE{Hf0 8�'"'""f WITNESS my hand and official seal. �, P (L ,. ^ NO7ggyrlrn #970479 PlJaUC San� C cSo bCounty, 199E • "' `,�— . J— SIGNATURE OF NOTARY P� OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) • SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Rommel Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 the date to be stated in the Owner' s notice to the Contractor to proceed, and shall be completed by the Contractor in the time specified in the • contract documents . Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: Tony Wanket Construction, Inc. 2480 Grand Ave. Vista, CA 92083 619-548-4234 Attn: Tony Wankdt The names of all persons interested in the foregoing proposal as principals are as follows : Tony Wanket - President Pat Wanket - Chief Financial Officer Mary Bochiechio - Secretary :r Tony Wanket Construction, Inc. ( IMPORTANT NOTICE: If bidder or other interested person is a corporation , state legal name of corporation , also names of the president , secretary, treasurer, and manager thereof; if a copartnership , state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual state first and last names in full . ) • Licensed in accordance with act providing for the registration of contractors , License No . 499679 A & B , Expiration Date 10-31-96 I , Tony Wanket , the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 24th/. day of January at Saxe Diego County, California. Proper Name of Bidder Tony Wanket Construction, Inc. BY Tony Wanket — President Signature of Bidder' NOTE: If bidder is a corporation , the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document sha11 bear the corporate seal ; if bidder is a partnership , the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual , his signature shall be placed above. Business Address : 2480 Grand Ave. Vista, CA 92083 Place of Residence: 444 Union Street Encinitas, CA. 92024 Teleohone : ( 619 ) 598-4234 • gC'HFDI'LE OF WORK ITFMS Spots Park - Phase One Al lump sum and unit prices provided for all items of work indicated shall inlcnde all cost for profit, overhead, clerical, transportation material, labor, taxes and appurtenant and incidental cost required for construction and installarion and as indciated on the project plans and specifications. I= Approx. Work Items w/[;nit Unit Tice IQUI an iry price (In Figures) Amount (Written in Words) (In Figures) C.eneTal Conditions LS 5e,,/" A 57 S �- ,DOO Dollars per Clearing and Grubb n Removal of Existing Crain Liss: Fencing at School 500 LF tlu bolls.✓ cid 1 5 /.34 S 6 C08• '• •I✓T Y IS _ Dolla per 2 Sawcut and Removal ofExist-,-AC . Paving and Drive Approach Ar School LS S /(nn5.= S /, 005• _ v�Y V E Dollars per Sawcut and Removal of ExisrnE AC Pavin;, Curb, Gutter and Catch Basin and Cap Drain Line at Ca-:ino del Avion LS S/XJZ`ENNUND26nFifTS 51r'US /(oSg � ' &IGr1T,hvp FLE NuNoeerns Dollars per Remove and Install Speed Li=: Sign. LS ONC yvnlak-e7V S /07- - S /D7. 5e?-V D7.$'EY e N Dollars per 5 Sawcut and Remove AC Paving ar AlipaaSt. LS SixraEvNuuaxen S /fpo5- S A�05 -' Ft VE Dollars per 10 6 Remove Existing Head Wall, CMP • Pipe and AC Paving at Alipaz St. _ LS TWJ5ATy -o NE/,f AOOD S 2J46. _ $ a `fid £�2TY Dollars per 7 Remove existing Type V Inlet i Structure and Salvage. LS ONer&VSANb ,-1X7rE1✓S 101(a.56 $ M(a•5D ANo 6/FTY o urNvoedrHS Dollars per 8 Remove Connection Between Type V Inlet Structure and Existing 72" RCP Pipe LS FO u 2 f/uND2fD s oo $ el? k.m TldEvey -E!(x/fT Dollars per 9 Removal of Portions of Existn e 10" and 6" water Lines at Alipaz LS sX flvNoaeo Fig S to Oa.00 S GOA � TWO Dollars per 10 Removal of 15 ' CMP Drain Line of Irrigation Lines at Alipaz LS Onv'r T)VaysA,vb F1 w S4nn.S•0% S1005•90 AND 61 AN r:f a M9 &&Vb eerH Dollars per • 11 Removal of Existine Chain Link Fencing Along Camino del Avior, 870 LF ONe RND S4/4,34, FoUte fJUAMI&PTIts Dollars per 12 Removal of Existing Stand Pipes I EA. 6,,e, fitwd a- S /07,&o S /07.0-0 4QkAA+ Dollars per 13 Removal of Existinz AC Pavine for Installation of 4" VCP Sewer at Camino del Avion 200 SF Frve ANo mirary- S 5. 35 $ Ia7D.00 FIVE O&W HUA1oRt+W Dollars per Earthwork and Gradine 14 Excavation and Compacted Bacif"ill 28,700cY TWO ANO Fo2TV- S ONE On/e 6LA) LETHS Dollars per • 11 Drainaae • 15 4" VCP Sewer with Clean-Outs and Connect in Street 1,070 LF 71v�J�&.dQ S 9.a� $�o�bo8,a0 , T -A+:i &v.L Aemdd,e DolWt per 16 18" RCP Storm Drain Line 2,304 LF r4,&v7Y-x,x AND $ a(,-75 $ k4_63e . *b SEVENTY-Fi✓e ONE HVNO '�-ETNS Dollars per 17 30" RCP Storm Drain Line 312 LF Fagry-Foye ,a.No $� $ NINETY-FouRo u�hhup¢eTNs�y y`L / O-21. 9Y Dollars per / y r. 18 24" RCP Storm Drain Line = 15 LF RFTY-7!"e ,ANo $ 53-5o $ 90 FLEW ONE /DVWPA-ErNS Dollars per 19 15" CMP Storm Drain Line 15 LF Fo2TY-Clrar/r AND $ l 5 $ 7aa.a5 ,oaMm'EN Thyg &P /P0RrNJ Dollars per 20 72" RCP Storm Drain Line 40 LF 77yd #VAID&6TO $ a/q• 00 $ R5W.� Fyy'er_ECA/ Dollars per 21 Connection Between 72" RCP Storm Drain Line R 42" CbfP LS SXr7Pz?v#u vueoD $ 1665. 00 $ - ^var Dollars per 22 12" x 12" Cast Iron Catch Basin 2 EA. Far RyND2eD S J63`J• $ /070. �, Ite7y-I,�-I vE Dollars per 23 6" Dia. Cast Iron Catch Basin 9 EA. 7bao t1uND1U-D S 01/4/ 00 $ LgaI(a tJ . Fov2-n.Ery Dollars per 24 Catch Basin per Detail 1302/1308 9 EA. SixrY-on/e Dollars per 25 Catch Basin per Detail D Sheet PG 3 4 EA. SeveNffaNOReO ssE,wy$ -7 70•y0 $ 5r -(! � ' hY✓D PogYf ONcl•i!u�b e�/NS Dollars per 12 • 26 Catch Basin per Detail C Sheet PG 3 1 EA. {DIlk fkao,et-D 5 yaR•� 5 ya8.00 �wFnny-E/�T Dollars pe 27 Junction Structures per Detail 1311 4 EA. #�'Tkro IICNp.Qr� $ 3a ro• Dollars per 28 Junction Structure at Existing Storm Drain Stub at Camino del Avion 1 EA. 7zug%7v-51x Nvfaeeo S ollol5, 5-20r�•�' J`Et/Ei[/ri �Fi✓m Dollars per Construction 29 6 Ft. High Chain Link Fence =,066 LF ILL-1-yE A vD Ten/ S Za• /o S 37x(23 OUC hVAob&97Nf Dollars p-27.- 30 e_30 10 Ft. FIigh Chain Link Fence 260 LF 5/XT&EN AojD 5 16-03 S Z%e,re 5WF-/fukDkErNS Dollars per • 31 6 Ft. High Chain Link Fence with Mow Curb 1, 200 LF 77i6wrv- RtiD 5 a1•�l 5 a5,93�.�Z) fFr9-0N6 a N 0•f/DND"W Dollars per 32 10 Ft. Iiieh Chain Link Fence with Mow Curb 50 LF 'r -FivEgND 5 a5.5a 1,a75.R FiFiV-7-00 oNe Dollars per 33 20 Ft. I-Egh Chain Link Fence with Mow Curb 210 LF .SIXTY-FoaiyP 5 y lob S 9 •f&3�^o Ne au¢ Huro»"ros Dollars per, 34 6 Ft.Wide Chain Link Fence Gate 1 EA. Tlao/lyNpR,eD GiFs3�11+kltE S953-517 S `L r4Nn FiGTY-NiN¢ DNC y�Np,�E7Fff Dollars per 35 10 Ft. Wide Chain Link Fence Gate 2 EA. 7uv�fvNp2e3 Mrw�- 5 ate.Go S—f�S� NINE Ay-0 -frxry ONE yvNDR-ET/ff' Dollars per • 13 36 16 Ft- Wide Chain Link Fence Gate • 1 EA. FouR yO,vDRtp S/Xry- $ 67.59 $407.59 SEVCN�QNp FiG7Y-N/N6 0NB by vvkvvv Dollars per 37 20 FL Wide Chain Link Fence Gate , 5a�. 2 EA, A'4-h'NOReo nt er rYl.x $ AivO FORTY -,-OUR. nNf Al,O&ergf Dollars per 38 4 FL Wide Chain Link Fence Gate 12 EA. (T doh) Tk4y0.00Aob 77yowrY-ONE $ 0 .49 $ a(-57. 4P4 AND GrRry N/Ne ONt flu vn eer}/r Dollars per 39 Decorative Steri Fencing (42" High) - - 489 LF q-No $ /1/77 $ 7a�o•57 SEye✓ry�_feVcN ON[s Nv.uD,Qef/�1 . Dollars per 40 Decorative Stwl Fencin_ (72" High) 485 LF 71ue7vrY.4Np Foert1- $ 20.ya 5 `�9D1.57 Two ONE Ns�ND.e, ,f Dollars per 41 20 FL High Backstop 133 LF FEE-rNe,,F-,F.9t'D S 53•15 S 706 sd F-/`TFC+ oNE tkl,�lD.ee7lrr _ . • Dollars per 42 30 FL High Backstop 164 LF F/FTy-1511HT !}uD S 07 $ 11529Q Sev w oNE NyyD/LE77ff Dollars per 43 Handrails at Steps 136 LF S� Dollars per 44 Handrails at Ramp 303 LF rI-OF, $ y31 $ /3,, n 9- •3 Gf 1 cjeA7'5 Dollars per 45 A.C. Curb 110 LF :5,.hr ANb.SeDsnTy $ '7 a $ 9 59"* 7140 Pkr6 /1uN "ZW Dollars per 46 4" AC. Paving - Streets 2,100 TONS yfi/Rrc{ OND fix! X002 $ 30.& y 5 .o p�Ue .�/uND�ErNJ Dollars per 47 10-IP" Thick Aggregate Base - Street 4,250 TONS 7N/IivD lluevry DNF $ /0.2/ $ 34� ,3P3•t5 ouE NUo'P"r7fs • Dollars per 14 48 3" A.C. Paving - Parking 1,300 TONS S 30.10(J S39423-9=24 FOrrk o,Ve H L"e-rrff • Dollars per 49 6" Thick Aggregate Base - Parking 2,000 TONS 7Z--n/, " 7we,Vgy- S IQ- al Sa0,jq/5.60 ONe O,vE sfVII/D2e7W Dollars per 50 Concrete Poured in Place Retaining Wall with Footing per Detail G Sheet CD-1 3,450 SF WtA-A V,.JrAe A&A S aS/o3,3(,;I &Ift Ey-SiX r7A45 6/v.ID9t-rYf Dollar per 51 4" Thick Concrete Flatwork with 35,900 SF 7Zaa Aoib i=D2rY- S 07.yfo S 29-, 30.96 Aggregate Base six oR.e�{ri✓DQxrKf Doll'ars per 52 Concrete Bleacher 520 LF JJXTP/-7w000iVoSix S 06 S all- 6 O,UF tlU,uDk-E1tff DoUar per 53 Concrete Mow Curb (6" x 6") 2750 LF F1(/F 4,Vb rhr�rv- S 635 S 1-4,71;(- FinE OA-e MVA1b frffr Dollars per • 54 Concrete Curb 4,753 LF S LIA S 3A 5!{.�lo Dollars per 55 Concrete Curb and Gutter 4,024 LF Ele9NT,F1-ND S ?.0 3 S ,�4a•%o ok46 NyAVa9¢aTffs, Dollars per 56 Concrete Service Access Ramp 1 EA. ).W 111VA/Dr'D Eib91V S /?7.25 S 1 �S SeLI--Al b &AgW-FiVG covra Dollar per 57 Concrete Steps 160 LF 7#1,erl'-S"WJ P01140 S 37.45 S 59 9 .00 HND FokrY-FIVE CELU Dollars per 58 Concrete Handicap Ramp per Detail P & Q/SC-2 17 EA. F0(1kAk uneab NAi r+f- S eRc7 •A6 S 83G7•Io rwO Dcccn2r ANA ruewry GE,vtl Dollars per 59 35" Concrete Swale 980 LF tJOWT Det-W&Es S ?.a3 S 7S6y 5o Y IeE-fi r Gr,Vrf Dollars per _ 15 60 18" Concrete Swale 2200 LF k cooQRa a $ 5. 35 $ //, 770. • Dollars 61 Gravel � Finish •'Concrete Flatwork with Pea Gravel _00 SF ?k,* d a- ft 5 a� $ S•ba QFes}- -�- Dollars per 62 4" Thick Integral Colored Concrete Flarwork Broom Finish 1.300 SF 3.00 $ 3. 89q .RO Dollars per 63 Concrete Tree Well and Grate 3 EA. �� S p6l ET6G� Dollars per 64 12" Wide Tile Banding 300 LF At Hee v1 Dolloss $ >3. fo5 S uo 9s.9(o rrND !;"a-Five c-EwTS Dollars per 66 Masonry Storage Bin LS FoRt1-5ava v NvuDkED 5 77a .a0$ 2 7a•aD' 5evtury-Tudo DoU_4+2c AVbTWEury eEnrrs Dollars per 66 Concrete Block Splash Wall 3 EA. N1N6 NvNDesn S#XvAnW65 7(03 ' S-9-k-112-06 • ebccAas Dollars per 67 Stone Pilaster 18 EA. MAIM wHeNDkeD: eEomy 519 7 7.36 $ 3 S 5U• �$ 561EN DO"Ag ANOTN 2rV t i% Cry+ Dollars per 68 Trash Enclosure l EA. fevr TNao ,voNrNE S 77/7- -4,5 $ 79iz •(-5 ' HuAlbtOb 7WELVE 15OL4*fZ,l 4N0 Sl)tTy FIVE C'FAru Dollars per 69 No Parking Sign 1 EA. 6Ne1*1vb " F(Vs Dnctgnr$ $ l a$.V6 AND coe'ry4oc C_&Wrs Dollars per - 70 Stop Sign 7 EA. O"ayeeeen Fivc NuaRr$ !05.93 $ 71f/•5r AND NitJ&7Y-tH&&9 (`C&U Dollars per 71 Pedestrian Crossing Sign . 4 EA. ONi Ha "y F. OFlFO A $ 115' 56 $ �f •d� OOLC� rFrV-SiX Gg vTJ Dollars per 72 Handicap Parking Stall Sign 7 EA. kjAI ,- Gnu& DdLLARr$ 9fl. 76, $ /0!03.31 �r✓o SEUEnnY—5 uc CEM7 Dollars per • 16 73 Parking Stall Striping 203 EA. S 60 5 /03/•75 . El Eror CENrf Dollars per 74 Handicap Stall Striping 7 EA. wvex fix Doc- m, $ o2(i ?5 S /? 76 .4*2 'Seww y-Five e.e+vrs Dollars per 75 Stop Sign and Bar Striping 4 EA. 7hwt -F,-ve, AND 5 3s. 31 $ / .a TA_T -0VE aNE UND QET/fl Dollper 76 Street Striping Double Yellow Line T� //.10•Og 2,617 LF FoRrF-TH/GHE S • Y3 S14&-1- _ pNE M1Atlba6; r#-5 Dollars per 77 Street Striping 4"White Line 65 LF Sl)CrZE�N o a!E S • /(,O S /a. tf 3 I-IV A-Db 9,eVf.5 Dollars per �r� 78 Soccer Goal lyes L _1 6 EA. -tvx d S ail/.� S 1 (0Z)5.' Dollars per 79 Home Plate 6 EA. S S 4/5. /L i4-nra Ahutkteft CEN71 • Dollars per 80 Pitcher Rubber 6 EA. S,xry-a NE zc�/Gwa o" c ('pl•70 S 37a. SfyE"Nw CENTS Dollars per 81 Bases 6 EA. r-V eW-•rwa S of •44 S as 4.�a GORYy-Fou�Ge-Arx Dollars per 82 Dugout Benches 4 EA. FnvR AW-0900 S 7///•l7 $ l�Y�•6�l 5/Xry-ON6 De[lAgJ 9Na SeML-A ar v C&M3 Dollars per 83 Bat Rack 4 EA. -Th ace 9veatrcd 6!;'M:i.. 5 3i 33 $ a7 3. 3a; Dollars per 84 Four Pole 4 EA. $ /676.00 AoNMa ei✓y f<'rFt�CE+�f Dollars per 85 Scorekeeper Table 2EA. O1te S //106 .7(. S a333 .�-,Z- \Iy ZIPAtY Dollars per 5I e Cjrj4iS` • 17 0 0 86 Aluminum Stadium Benches 300 LF T S a5�p5 $ 7(�9J.37 DOA±= � --� A cA.a4o _ • Dollars per 87 3" Thick Brick Dust 30,000 SF Ore- &o ems,,, &. 4 S Dollarsper 88 Trash Receptacle 5 EA. Six k J6h&.-A n �$�90./S $ ?5 -- Qn{�4.Y'S Dollars per 89 Dumor Bench 4 EA. V%0,.4h,.,,.a,.,.! h t $ 99540 $ 32 R •�o Dollars per 90 Redwood Header - 4,700 LF 7jr✓Pr'CQ((SSCi v s- 3,(64 $ 171a9�.�,Q F6ye e EjjzS - Dollars per 91 Shade Structure LS -4� 'owi"a s�%A $ 5_ a—�� • r�v;-.4.h wti £�¢J ,. a Kawe Dollars per F4fe 92 Concession/Resu-oom Buildina LS t YWkl. .dr.4C Dollars per 5tk/ x%+-,q tcLM- • 93 Pea Gravel 86 TONS SFV - $ /0 .oD $ O9j.Oa D o%&W« a�-•1 do 4,41 Dollars per 94 Site Electrical (Including Conduit LS F Systems for Spore Lighting) 5Q ,._�, s a u..,l�- S /s7�a5. $ 157 8a5oo a� hwwF,, EL�- h u.+6l..0 Dollars per 'Do 95 Installation of 10" and 6" Water LS Thiugtie}lvNo2C9 Lines and Gate Valves at Alipaz 'Ne Dacca tas g,Jn 5e*,Ay- $ 3 g0/• 7/ $ 3801. o,ue teens Dollars per Irrigation 96 Spray Head with Swing Joint and $ � Lateral Line 1,534 EA: Dollars per • 18 one�4,4ed 40 sfoo/sV4 97 Rotor Head with Swing Joint and cu45- fle Lateral Line 38= EA1 r 5 aollars rtfpe j)Da a 77. o0 98 Bubbler Head with Swine Joint and %r¢+y a.,#S } - ��'-�- Lateral Line 2222 c A. 1 Ste" l�D Ill n .c l cZIJ tEG3 d$ �,�6 IL0f, 44 I/99 Remote Control Valve xith Box ,��ar c ►rr ere taw � ' r Wiring and Riser Dollars Siyy ,ybttr$9y e6J1 100 Globe Valve with Box (Iron Body) oorN .M/sc �y �vacr,�s. f��8.75 o37. - lx _A. S Dollars ppee zrx4wsd4rj, '14 &W. 7S t{ola 101 Globe Valve kith Box (Brass Body) s �V V Dollarsper phtNo-dK.ct IMC ooiLWc IDI.roS 102 Quick Coupler kith Box. Riser and Swine Joint 2- --k. S • ` p t1�5 ODOU lien �v�f Jo �jpq.SCS C1��. 1 "1 EA. *a 1 103 BaclGriow Preventer 1-i/_" Size S Do P dkec 06 6 vs, wedu� s 3 7Y5 3,7 5•" 104 Backflow Preventer 4" Size �/� =•� �� ^A� e 1 Dollars per 105 Water Meter 4" 1 E-k. ..c 0.65 S 7:5 ars per 106 Water Meter 1-12" 1 -"4.6ro S 0a S / ififkw�,�d PZ •, , tIw Q5 �'aa5 '107 Sleeving GS -1- 99 Ste— S $D 907•Sa �w ollars p=er • 19 IN Mainline with Fittings with Extra Valve Wiring ,650 LF o U✓tS MJ S 109 Hose Bib with Lateral Line 8 EA. S_� S -Sev pe fs (Jo€`#OQJ4js aHwDCLItwr,McovUKs,/'�ja 110 Master Control Valve 2 EA. S tf � S,745-5r,> ©eZ ¢/low ,a S Doll rs er s�h v4 OWI�/�5•Sc7 /'7l�S Sa 111 Check Valve Assembly )1 EA. r woo S 'lV _ u CBr N A scuba°lli d, ds s;xD� �f, '1ldo.oa R� ,5.3d._ 112 Controllers EA. c t2 ous w $A* 3 51 oo aw ,q Dollars r �,w �i�ow.WoR(vrNvwlrce� , ly °`"o(,/6-W-tz 3O/oo_ 113 Flow Sensor w4tn Box and Cable 2 EA. -446r —5 — S 75l C1 moa Mrdris� lly�� DoHi�1 • 114 Testing and Flus'aing "tv-) LS 11�rs �e S'Z67 . S l►t �o oJfA °meq dYirr ce�fS 3a rD 115 Thrust Blocks ' r 29 EA. t DolS j'� S 775.75 S Dollars per 116 6" Supply Line nvm VvellAkJ l i Srp/ S S S� Connection 1,110 LF / 117 Fertilizer Injection System 1 " 1 EA. 1 Doll ''JArio Nrwt Planting ¢ padadt' - Lfq,9ya 4q5g0. 118 24" Box Trees 300 EA. �� S� S JO Do, 119 15 Gal. Trees n,l 131 EA: • Dollars per 20 r�a57.- 120 Brahea edulis Palms nor unwo d uo S Dollars per 51nt�..�• a�•h - 164016• 16906. -- 121 15 Gal. Shrubs e Olt 4" Dollars p90.nd htvu S 122 5 Gal. Shrubs �• iao Dollars per 1 19 0 5 31 9 o S . •4n+ A o-Ka.AV u� 123 1 Gal. Shrubs 58" S � Do ars per 124 Ground Cover (Hand Planted) 82.000 SF s Dollars per Q,b 3 Sa 5.9xt 125 Turf(Hydroseed) 569,000 SF STIO � S ' Dollars per 570--S-10 126 Ground Cover (Hydroseed) 2.000 SF S 0 S e.0 G Dollars per • 12; Soil Preparation and Fine G-ading . 1.000 SF • � sD 6 SI-9.7.;;275. 76 DS�,Ill•Caz;.Aper 128 30 Day Plant Establishment LS s S °�' (^'J �`VDo 4"Z UpJr .�'1 53�D•' S 350.-' 129 60 Day Post-Installation LS — l liars per gricultural Preserve Irrigation ( vr- r SE041� /-0,yD 45a,00A•- 130 Mainline 6" for Farm TkAl 4,860 LF s — s Dnr.hkx-dkDgzag,� ! 5515 5 5&S.yD 131 Victalic Tee and Cap 36 EA. ) l•;r�llars per 21 jr 353 'a 132 Thrust Blocks 11 EA. _ � S • Dollars per - � /71orJ.50 /7/o�.�' 133 Check Valve Assembly -�IA) I EA. tt Dollars per w-75 S 35o. '- 134 Globe Valves 8 EA. $ SD9 ars.per tP S (o+l t hw�MQOI ew+f t� 135 Connection to Pump Line � 1 EA. TO $ Dollars per �� t ja�11J6 yo1 r,crd 136 Testing and Flushing = LS 4 rhore(( iye.h¢ys—��D $ t- Dollars per 137 Connection to Well Line at East <V) Sa " Property Line 1 EA. v S _ w Dollars per riftyc c d5 /6585 -- ,/(%S�$r�•,,{�-, �✓IX4,ef-^ 138 Irrigation Pump Station h • '1\p J rw Dollars per jcverl Sf,c�y SI X ce}S Miscellaneous Items 139 Painting of Curbs (red wjno parking) 6,625 LF t S CJ $ Dollars per 140 Bauer's Box Matt 2 EA. I'WO KU,%AAtd $ --aur Ane e % Dollars per 141 4" PVC Drain Line 410 LF iwT D $�C�.70 s � Dollars per • 22 6a•� ��Lcl • • 142 2" Doomstij;Ca $uildict$ to RCSUIO n 800 LF S S-.6(0 SL 8• -� • -G G ' D6uats pC 143 20 ft.High chain Link Fence 301.E �\� v � : S 55•a4 s �7�a•a L o r cels Dou=pa Esq aiy. t.} as.= 144 Air ReieascVWve or boilers per Q'i�.�y aas reMporsry Goal FMCing a�' ( 117•o� �1Ca�n 13r)�we�f ��°9 S a 3�'�F•°O' Dallas PM TOTAL BASE BIb PRIa $ ell fog a c� • 23 6a•d L£Zb9696T9T Ol WO?Jd 6S-ST S66T-a2-Nur ADDITIVE ALTERNATE=MS The following items may be added solely at the option of the Cin. Item A1212rox. Work Items With Unit Price Total Amount Ouantiry Unit Price (In Figures) (In Figures) (Written in Words) 2,3 9y3 1 Balineld Lighting per Note Sheet E-1 LS DOL'ars per Yx��drecl �ourky FWCGdI(S . 2 Scoreboards per Note Sheet E-1 LS 5eye 4v &Q S 7k�O S_2EO 4 - Dollars� per �b�fy CC.rt+S � 3 Rotor Head with Swing Joint and i 135. - dal Lateral Line j 46 DoL'ars per aq*S 4 Remote Control Valves 7 EA. � A^ Do ars per 5 Soil Preparation and Fine Grading 101,000 SF r S _ 5�= 519 C e r&S Dollars per 945, Qp 6 Turf (Hydroseed) 01,000 SF S e DoL_ per 7 30 Dav Plant Establishment for - j 1350 •- 135a -- 101,000 SF of TurfLS _ Dollars p-� (ecr � 8 60 Day PPost Maintenance Period forwrdNt d�� a�00• a�� 101,000 SF of Turf S � Dollars per�vr e;g 9 15 Gal. Trees 3 EA. L'1 Dollars per 10 Erosion Control Plan LS 1 e 1f� $ ,Ty0'— 5 S qo-— Dollars ped • 24 • DESIGtiATIOti OF SL-B-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Project Manager, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that aL those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor oniv. Item of Work Sub-Conrracror Ciny,Phone No. Amount ?. L0.. 01(t70.1d $ 3. ncn �oS kgIbS�� - $ �. harm l,�k, W iF 13�wr Visfa S�ta�tlo $ o 6. $ S. Y'A• S 9. �►ni a �u9�u"f. $ Icr000 10. $ 13. $ 14. ,Ylo.d�ra �-tl.r•nas� .�am�4. $ 15. - 16. $ 17. $ 18. vC $ 19. SAA -q)" $ BIDDER NAME • AUTHO E �Rr, 25 or K Su - dor C� 5• a& qjq 5 W o 13 a* 6u, agg )15.71. R97. 50 � . 4 W�� S I � 54 - 14. 10 1 Q-7, 4Sa - A Proper Name 6f BiQder By / • • or K SL)F5- iov- Q L� - No. d Proper Name 6f Bidder By • of K Su - iroc4gir (1' - Proper Name 6f Bidder By or K Su - 4or Cct tya n� Gr`ESENC- b(\ l N C Proper Name 6f Bidder By • Thmor K Su - +or• Proper Name or BiQder By J T�Lmor K Su - dor QUI - No. Proper Name 6f 81daer By '�� • BID BOND • • NOW ALL MEN BY THESE PRESENTS, that we, TONY WANKET CONSTRUCTION, INC. as PRINCIPAL, and rnmTTNRNTAT. CAOUTALTY COMPANY as SURETY, hereinafter called Surety, are held and firm)yy bb�� nd t e CITY OF SAN TEN PERC�NT Uh ARUNT JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated JANUARY 24, 19 95 for the Construction of SAN-JUAN CAPISTRANO SPORTS PARK PH-1 , DEL CAPISFAM OBISPO. ALIPAZ ST. . CAMINO DEL AVION, SAN JUAN or tAe ity of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement • has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remind in full force and virtue. FURTHER, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 0 26 IN WITNES5 WHEREAS, the above-bounded parties have executed Vus instrument under their several seals this 24TH day of JANUARY • 19 95 the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) TONY WANKET CONSTRUCTION, IN_C. PRINCIPAL f BY ATTEST (If Corporation) Corporate Seal ' • CONTJNQqTAL CASU QTY COMPANY su Y BY GIP ON Title _ ATTEST ��//a @f a Title S\ ek ,gyp VED ?=sL City attorney i � Page 2 - Bid Bond ' 27 CALIFORNIA ALL-PURPOSfLKNOWLEDGMENT • No.5907 i • State of CALIFORNIA County of SAN DIEGO On JANUARY 24, 1995 before me, REGINA REEVES, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared CECILY M.GIPSON NAME(S)OF SIGNERS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(b) whose nameN) is/AKI subscribed to the within instrument and ac- knowledged to me that Imp/she/#W executed the same in /her/jam authorized capacity(Yaw), and that by 7tiu7B/her/htMX REGINA REEVES signature(R) on the instrument the person(, COMM.S 976605 z Z NOiO1YPublic —Cerfornio or the entity upon behalf of which the y,, SAN omfn EGoco1 p person(p) acted, executed the instrument. My Comrn.Expires NOVUV 1. 1996 � p 4Y) WITNESS my hand and official seal. • SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENNTY(IES) gUgFTY SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7194 Continental Casualty Comoy SNA For All the Commitments You Make • AN ILLINOIS CORORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents,That CONTINENTAL CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Illinois,and having its principal office in the City of Chicago,and State of Illinois,and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint Susan C. Warren, CeCi ly M. Gipson, Larry D. Cogdill , Ingrid Erika Crosby, IndividuaTTy of San Diego, California its true and lawful Attomey-in-fact with full power and authority hereby conferred to sign,seal and execute in its behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attomey-in•fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomeyin-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. • "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the Bylaws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding otheCompany .' In Witness Whereof,CONTINENTAL CASUALTY CFMPANY has caused theswjftpe signed by its Group Vice PresideV nd its corporate seal to be hereto affixed this r day of , 19—. . State of Illinois Gsw, CO TINENTAL CASUALTY COMPANY County of Cook }as �~�y o' f �u 6E�L M.C. nnahme Group Vice President. On this 3rd day of November 19 93 , before me personally came M.C. Vonnahme,to me known,who,being by me duly sworn,did depose and say:that he resides in the Village of Downers Grove,State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. 1 e Linda C. Dempsey N to Public. CERTIFICATE My Commission Expires 0 ober 19, 1994 1,John M.Littler,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,do certify that the Power of Attorne herein above set forth is still in force,and further certify that Section 3 of the Article IX of the By-Laws of the Company and the Resolution o t Board pf Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affi th seat of the •said Company this 24TH day of JANUARY 19 95 . GSIy i~� rti - g SEAL John M. Assistant Secretary. Form 1-23142-B '��' INV.NO.Gb6623-C CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 • State of�A County of 510 On �aM a�, 1gq�i before me, MAIN DATE 1 • , •- f I NAME,YITUE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared NAME(S)OF SIGNER(S) D�Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. lUCiiI�CHiO ( Dmm 4 9/0479 WITNESS my hand and official seal. NOTA"`!PU6LiC CALIFO.f-MA �t cad );egO COenty M SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL _ ElATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) SS. County of San Diego ) Tony Wanket being fust duly sworn deposes and says that he is 'cony Wanket of Tdnv Wanket Construction, Inc. , the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further,that said bidder has not directly or indirectly submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: January 24, 1995 SIGNA On this the 24 day of January , 19 95 , before me, the undersigned, a Notary Public in and for said State,personally appeared Tony Wanket ,personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) Tony Wanket subscribed to the within instrument, and acknowledged that Tony Wanket executed it. WITNESS my hand and official seal. Mary P. Bochiechio Notary Public in and for said State 28 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of_ k'l l4 County of 5afn DiP_Ol0 On AQ 5 before me, aYd P.Q. C.�11 L C�(1 0 DATE f NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 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. ,i f-, GOTi'1},u 970479 3 'y x�o rooTnevausuc caurc�mw WITNESS my hand and official seal. Q. R1;; ' San Diego County 1 fvh7 Comm.Exairei Nrg,y,1996 � I.1 ' �j/l�/�''/`/�'I�)/ • SIGNATURE OF OPTIONAL NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL _ ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) • SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CONSTRUCTION PROJECT REFERENCE In order to more fully evaluate your background and experience for the project herein proposed, it is requested that you subunit a list of Sports Parks, Public Works and/or similar construction projects complected or in progress within the last two years. Your cooperation in this matter is greatly appreciated Number of years as a contractor in construction work of the type: to years Three projects of this type recently completed: L=/Name of Proiect Contract Amount 1. Public Works- Mira Mesa T.fbrarg I. $3,000,000.00 2 Public Works - Vista Branch Library 2 $3,000,000.00 3 Public Works - San Marcos Gymnasium 3. $2,500;000.00 Name. Address and Phone No. of Owner Date Completed 1. City of San Diego 1. Junei1994 1010 Second Ave. S.D. 92101 627-3272 2 City of Vista - 726-1340 2. Nov. 1994 600 Eucalyptus Ave. Vista, CA 92083 3 City of San Marcos 752-7550 3. Jan 1995 1 CIvic Center Dr. San Marcos, CA 92069 1 Bidder's Signature NOTE: If requested by the City, the bidder shall furnish a certified financial statement,references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. Bidders Signature 25 • City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA Addenda Number One Contract Documents and Specifications for San Juan Capistrano Sports Park, Phase One Bid Date: January 24. 1995 Prepare by: Heimberger Hirsch & Associates • The following changes or clarification's shall be made to the above referenced documents. Receipt of addendum number one is to be acknowledged by completing the addenda portion of the bid. Submitted by: Sharon Heider �✓ 4� Open Space Project Manager 4 ' City of San Juan Capistrano • City of San Juan Cap"LMW • 32400 Paseo Adelanto San Juan Capistrano, CA Addenda Number Two Contract Documents and Specilkadons for San Juan Capistrano Sports Park, Phase Out Bid Data: January 24, 1995 Prepare by: Heimberger Hirsch & Associates The following changes or clarification's shall be made to the above referenced documents. Receipt of addendum number one is to be acknowledged by completing the addenda portlon of the bid. �p Submitted by: Sharon Heider Open Space Project Manager City of San Juan Capistrano v` 0 RESOLUTION NO. 94-11-1-6 - ACQUISITION OF EASEMENT FOR STORM DRAIN PURPOSES THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS RO ENBAUM ROAD D AINA F IMPROVE NT CAPITAL IMPROVEMENT PROJECT #139 (ROSENBAUMI - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE ACQUISITION OF EASEMENT FOR STORM DRAIN PURPOSES (PERMANENT RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT) AND THE EXPENDING OF FUNDS THEREFORE, AND THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS, ROSENBAUM ROAD DRAINAGE IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT #139 The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None 2. PLANS. SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - KINOSHITA SPORTS PARK(600.30) Written Communication: Report dated November 1, 1994, from the Director of Engineering and Building, recommending that the plans and specifications for the construction of Phase I improvements to the Sports Park be approved. Approval of Plans and Specifications and Authorization to Receive Bida_; It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried that the plans and specifications for the construction of Phase I improvements to the Sports Park be approved. Staff was authorized to advertise and call for bids. Council Member Nash left the Council Chamber at 10:35 p.m. City Council Minutes -20- 11/1/94 AGENDA ITEM November 1, 1994 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering& Building SUBJECT: Approval of Plans and Specifications; and authorization to advertise for and receive bids for the Sports Park -Phase One RECOMMENDATION By motion, approve the plans and specifications and grant authorization to advertise for and receive bids for the Sports Park -Phase One. SITUATION A. Summaa and Recommendation Plans for the first phase improvements to the Sports Park at Kinoshita Farm have been prepared in accordance with the Open Space Master Plan and the approved Conceptual Plan. Construction will include the entrance road and parking, three soccer fields with two little league baseball overlay fields, one baseball field, one softball field,a pedestrian plaza area with restroom and concession building, irrigation system and landscaping. Staff is requesting approval of the plans and specifications, and authorization to advertise for and receive bids. A copy of the plans and specifications is available for review in the City Clerk's office and a copy has been placed in the City Council office. ;B Background The City's Open Space Master Plan effort began in July 1990. An Open Space Master Plan was prepared, and adopted in June 1992. Staff then prepared the Open Space Master Plan Implementation Report, which identified funding allocation for the first portions of work. This report was formally adopted February 2, 1993. Staff was then directed to proceed with the implementation process. The City Council approved a revised Conceptual Sport Park Plan at the March 1, 1994 meeting. This Plan provides a joint-use site for anew Del Obispo Elementary School, and a location for the future Community Center. After selection of the design team was completed, preparation of the construction documents proceeded. FOR CITY COUNCIL AGENPh$J.�. AGENDA ITEM -2- November 1, 1994 At the August 16, 1994 meeting of the City Council, the Open Space Master Plan Implementation Report was amended to provide the following funding allocations: Sports Park $2,144,600 Community Center $1,411,000 Northwest Site $ 243,600 Requests for proposals will be prepared for the Nature Center and the Congdon House, no funds were allocated. On October 18, 1994, the City Council approved the Conceptual Plan for the Sports Park, as recommended by Staff. C Analysis The allocation of$2,144,600 for the construction of the Sports Park, allows for construction of essentially all of the "park" elements identified in the Master Plan. The Community Center, Pool Complex, Tot Lot, Sports Field Lighting, and some associated parking will be part of future phase construction. The following is a tentative schedule for construction: 11-01-94 City Council approval of Plans and Specifications Begin Advertising for Bids 12-19-94 Bid Opening 01-17-94 City Council Award of Contract 01-18-95 Issue notice to Proceed Begin Construction 07-07-95 End Construction 07-08-95 Begin Maintenance 10-----95 Project Opening D COMMISSIONBOARD REVIEW AND RECOMMENDATIONS As part of the City's Architectural Review Process, this project has been reviewed by the following Advisory bodies: Environmental Review Board Park,Recreation, and Equestrian Trails Commission Transportation Commission Design Review Planning Commission A I • • AGENDA ITEM -3- November 1 1994 E FINANCIAL CONSIDERATION $2,144,600 has been allocated. F. NOTIFICATION Dan Crawford, Capistrano Unified School District Jack Tarr, AYSO Harry Schrey ALTERNATE ACTIONS 1. By motion, approve the plans and specifications and grant authorization to advertise for and receive bids for the Sports Park - Phase One. 2. Continue this item and direct Staff to return with information on specified issues. H. RECOMMENDATION By motion, approve the plans and specifications and grant authorization to advertise for and receive bids for the Sports Park -Phase One. Respectfu llyy submitted, Prepared by, William M. Huber, P.E. Sharon Heider, Open Space Project Manager AFFIDAVIT OF PUBLICATION Space below for Filing Stamp Only. J CIP rr. c7 _ t_v G7 � „_ fn STA'TE OF CALIFORNIA " s & M rn COUNTY OF ORANGE 1 am a citizen of the United States and a resident of the County z aforesaid.1 am over the age of eighteen years,and not a party to or ""sled in the above entitled matter.I am the principal clerk of the Proof of Publication of Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California,on June 7, 1984,Case No. NOTICE INVITING BIDS/SPORTS PARK A-122949 in and for the City of San Juan Capistrano. County of ........................................................................................I............... ..... Orange,State of California;that the notice,of which the annexed is a true printed copy,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: December 22 , 29 , 1994 _ NOTICE INVITING BIDS SPO PARK I declare under penny of perjury that the foregoing is true and Noun is hereby The LWW sae Jews Cagahaeo cmect. sill rective aceled wopook or bid hof the Stmrto Park Phage I =W 1lh p�as the Nib day arJanuary.IMA A ptwbideaeA to scheduled at IAO pYMthe Rh day atianuarv.tMS.at the Cltyu®eri ton,"eoeteacta. Copier of the Plana and SWtdc+tber naw Oleo the Ofit e or the COY Clerk ofS"Ji%nCapMm,32M Pnaa AddWt% San Juan Coktraca.Canna retie,and away beehitlW at the tan, Executed at Mission Viejo, Oraeh'°d'°le`nn"a'4°�O°'°m""hw°°rMat°f°rh.t'r ie) Orange County. California,Calilomiaon Plane and speekaftuoum,we'd. Dated,December 10,Ilea cesan.JtJNNSON,CCrYQlo9a December 29 , 1994 CITY Or SAN JUAN CAPI4laAM ORANGE COUNTY,CALUMMINA ----._..._..._.......................................................................................... PubMWN&'gpletraaa vauey.Neer Dmelnber 22.211.IM ........................�.... (`.rl9natureN Capistrano Valley News (A Pluiblication of South Orange County News) 23811 Via Fabricante P. O. Box 3629 Mission Viejo, California 92690 (714)768-3631 NOTICE OF TRANSMITTAL- LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PUBLICATION ON: THURSDAY, DECEMBER 22, 1994 THURSDAY, DECEMBER 29, 1994 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS - CONSTRUCTION OF THE SPORTS PARK - PHASEI PROOF OF PUBLICATION: Please send to: City Clerk's Department, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY: .r DATE: December 15, 1994 i L Date of Bid Opening - 01/24/95 Date(s) notice published - 12/22/94 12/29/94 Date affidavit received - l 2 30�9� c2 Date notice posted in - 12/22/94 designated posting places NOTICE INVITING BIDS SPORTS PARK Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Sports Park, Phase I until 2:00 p.m. on the 24th day of January, 1995. A pre-bid conference is scheduled at 1:00 p.m. on the 5th day of January, 1995, at the City offices to assist contracts. Copies of the Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non- refundable charge of$90.00, plus a charge of$5.00 for each set of Plans and Specifications mailed. Dated: December 15, 1994 C YL JOHNSON, CITY CLERK C/ CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA PRESS RELEASE SPORTS PARK- PHASE ONE NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano, Orange County, California will,llp. to 2:00 p.m., on the 24th day of January., 1995, receive sealed bids for the Construction of the Sports Park - Phase One. in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1994 Edition, including all supplements therefore,on file in the office of the City Clerk of the City of San Juan Capistrano,California,at which time said bids will be publicly opened and read. Bids will be received until the time hereinbefore stated at the City Clerk's Office at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check,cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 1:00 p.m. on the 5th day of Ja_nuary 1, 995. in Council Chambers at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, CA. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not the City shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one-hundred percent(100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the Standard Specifications. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of two hundred and ten (210) working days (including the 30 day plant establishment and 60 day post-installation period),has been set for the completion of the work,from the date of execution of the contract. 1 BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of ner diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested parry on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of$90.00,refundable if in good condition and no writing or marking is required for obtaining each set of plans and specifications. There will be a non- refundable charge of $5.00 for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 15th day of December, 1994. C Qe e9nm2djll� /OD.D(r�z0 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA /2—/5— q4 �g 2 necessary there. She recommended that this item be continued until many of the issues raised have been clarified to ensure that the right decision is made and that Alternative 3 is thoroughly analyzed by City and Transportation Corridor Agency staff. She felt that the City should be the determining body to decide what is feasible. Council Member Vasquez stated that he has always opposed the toll road and supported the concept of moving the connector northward. He supported the City obtaining a contract from the Transportation Corridor Agency agreeing to the conditions recommended by the City for any alternative. He discussed figures received regarding projected and real revenue received to repay the bond indebtedness, stating it appeared there were financial problems. He felt that economics would decide how the toll road is funded or whether it would even be constructed. He suggested that noise mitigation measures be thoroughly studied. He felt that acceptance of the proposed Concept Plan at this time could jeopardize the City's legal position and its ability to have any influence in the matter in the future if Alternative 3 were found to be infeasible. He concurred with Council Member Nash's recommendations. Mayor Jones agreed that Alternative 3 should be studied and analyzed thoroughly to determine its feasibility, all necessary mitigation measures, and its visual impacts. He suggested that the motion be modified to continue this item to allow thorough review and input. He felt that the proposed Concept Plan was the best of the alternatives at this time until a conclusion is reached on Alternative 3. After discussion among the Council Members regarding the wording of Council Member Hausdorfer's motion, with the concurrence of the second, Council Members Hausdorfer withdrew his motion. Continuation of Item: It was moved by Mayor Jones, seconded by Council Member Nash, and unanimously carried that this item be continued until the Transportation Corridor Agency provides the City with an analysis of Alternative 3;and if Alternative 3 is found to be infeasible,the Rancho Viejo Road Concept Plan should be resubmitted to the City Council for review. Council Member Nash urged residents to contact Council Members regarding their preference for sound walls or other noise mitigation measures. RECESS AND RECONVENE Council recessed at 9:50 p.m. and reconvened at 9:57 p.m. 2. REQUEST FOR AUTHORIZATION TO ADVERTISE AND RECEIVE BIDS - SPORTS PARK PLANS AND SPECIFICATIONS, ARCHITECTURAL CONTROL 93-5 (600.30) Written Communication: Report dated October 19, 1993, from the Director of Engineering and Building, recommending that authorization be given to advertise for and receive bids for Phase I of the Kinoshita Farm Sports Park improvements, including utilities and infrastructure serving the Community Center and overall park, as well as Agricultural Preservation items. Authorization to Advertise and Receive Bids for Phase I of Snorts Park: It was moved by Council Member Campbell,seconded by Council Member Vasquez,and unanimously carried that staff be authorized to: (1) Advertise for and receive bids for Phase I of the Kinoshita Farm Sports Park, inclusive of additive alternates; City Council Minutes -14• 10/19/93 1 i • (2) Utilize a portion of the funds allocated for site preparation and utilities for the Community Center at this time; and (3) Construct Agricultural Preservation items funded by Agricultural Preservations fees with Phase I construction. ORDINANCES 1. APPROVING REZONE 90-7 TO ALLOW AUTOMOBILE DEALERSHIP AS A PERMITTED USE (KEMPER/TOYOTA) (460.20) (ADOPTION) Written Communication: Report dated October 19, 1993, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 5, 1993, and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Hausdorfer,seconded by Council Member Vasquez, that the following Ordinance be adopted: ORDINANCE NO 737. APPROVING REZONE 90-7 AND CERTIFYING MITIGATED NEGATIVE DECLARATION - AMENDING SAN JUAN GATEWAY SPECIFIC DEVELOPMENT PLAN TO ALLOW AUTOMOBILE DEALERSHIP(KEMPER/TOYOTA)-AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION AND AMENDING SPECIFIC DEVELOPMENT PLAN 90-3 FOR SAN JUAN GATEWAY TO ALLOW AUTOMOBILE DEALERSHIP AS A PERMITTED USE (KEMPER/TOYOTA) The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones NOES: Council Member Nash ABSENT: None 2. AMENDING TITLE 5 OF THE MUNICIPAL CODE - ADDING CHAPTER 25 RELATING TO ABANDONMENT OF SHOPPING CARTS (585.10) (ADOPTION) Written Communication: Report dated October 19, 1993, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 5, 1993, and was scheduled for adoption. Mayor Jones noted that staff had requested a continuance of this item to meet with representatives of the California Grocers Association to discuss this matter further. Council Member Vasquez felt that a brief wording of the new regulations should be imprinted, in both English and Spanish, on every shopping cart to inform residents that might not be aware of their illegal actions in taking a cart home. Mr. Denhalter noted that State law limits what the City can mandate on carts,in that only the owner's identification is required,and that costs for the owners of the carts should be taken into consideration. City Council Minutes -15- 10/19/93 y AGENDA ITEM October 19, 1993 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Request for authorization to advertise for and receive bids for the Sports Park - Phase One. RECOMMENDATION By motion grant authorization to 1) advertise for and receive bids for the Sports Park - Phase One, inclusive of additive alternates, 2) utilize a portion of the funds allocated for site preparation and utilities for the Community Center at this time, and 3) construct Agricultural Preservation items funded by Agricultural Preservation Fees with this phase of construction. SITUATION A. Summary and Recommendation The Open Space Master Plan Implementation Report identified $ 606,940 for the construction of the Kinoshita Farm Sports Park areas D, D4 , D8 , and D9. Through the implementation process, several items have been identified that would be most cost effective if installed with this phase of construction. These include utilities and infrastructure serving the Community Center and overall park, and Agricultural Preservation items. The addition of these items would increase the budgeted amount from $ 606,940 to $ 982 ,112 , and could be funded by monies already allocated for this work, and by agricultural preservation fees. Additionally, there are site amenity items that were not allocated for funding, but are typically part of a fully operational sports park. These items are included as additive alternates and could be funded with the available Park and Recreation Fees. These items would be bid with the construction documents, and selection of them could be made after the receipt of bids. Staff is requesting authorization to 1) advertise for and receive bids for the Sports Park - Phase one, inclusive of additive alternates, 2) utilize a portion of the funds allocated for site preparation and utilities for the Community Center at this time, and 3) construct Agricultural Preservation items funded by Agricultural Preservation Fees with this phase of construction. �(� � FOR CRY COUNCIL AGENIev , �5 Agenda Item October 19, 1993 Page 2 Background The City's Open Space Master Plan effort began in July 1990 . An Open Space Master Plan was prepared, and was adopted in June 1992. The Open Space Master Plan Implementation Report, identifies funding allocation for the first phases of construction. The Implementation Report was adopted by City Council on February 2 , 1993 , as follows: Allocated Projects Kinoshita Farm C Community Center site preparation & utilities (phase 1) $ 362,000 Cl Community Center (phase 1, 5,O00sf) 390,000 C2 Roads/Parking (phase 1, fifty cars) 40,370 Subtotal 792,370 contingency (10%) 79,237 design (8%) 63.390 Project total $ 934,997 Kinoshita Farm D Sports Park site preparation & utilities (phase 1) $ 329,768 D4 Backstops 10,000 D8 Parking (100 spaces) 80,740 D9 Park entrance 93 .848 Subtotal 514,356 contingency (10%) 51,436 design (8%) 41.148 Project total $ 606,940 Total Allocated Funds $ 1,541,937 On September 21 , 1993 Architectural Control Application (AC 93-05) was approved by City Council for the first phase of development for the Sports Park. This report discusses several issues related to the allocated funds for this project. To implement this first phase, approval is necessary to receive bids on the construction documents. Agenda Item October 19 , 1993 Page 3 C. Analysis PART I - Construction of additional utilities/infrastructure The Open Space Master Plan Implementation Report identified $ 1 ,541 ,937 for construction on the Kinoshita Farm site. Of that total , $ 606,940 was allocated for the construction of the Sports Park improvements (Items D, D4 , D8, and D9) , and $ 934,997 for the Community Center improvements (Items C, C1 , and C2) . During the implementation process, it became apparent that if the utilities and some of the infrastructure that would ultimately serve the Community Center and overall park were installed with this phase of construction, it would: 1. Provide the lowest installation costs. 2. Insure that items constructed with this phase of work would not need to be removed, or damaged by installation of utilities at a later time. The cost to install the utilities, and a portion of the infrastructure necessary for the future Community Center and overall park, at this time, would add $ 305,575 to the cost of this first phase of construction. $ 362 ,000 has already been allocated for this type of work (Item C, Community Center site preparation & utilities) , but was identified for construction with the Community Center. Staff is therefore recommending that $ 305,575 of the $ 362 ,000 allocated for the Community Center site preparation & utilities, be utilized for construction with this phase of work. PART II - Construction of items related to Agricultural Preservation There are also several items related to Agricultural Preservation that would be most cost effective if installed with this phase of construction. These items are relatively small , and if designed and constructed as an independent project, the costs for design, contractor mobilization and overhead would be proportionally much higher. Including these items in the construction of a larger project substantially reduces these "start-up" costs. Agenda Item October 19, 1993 Page 4 . The Agricultural Preservation items are as follows: Fencing between Agriculture and Park $ 11,453 Parking for community garden plots $ 16, 395 Landscape Buffer @ Agricultural edge Water connection $ 3 ,000 Electrical connection $ 1 ,735 Storm Drain connection/system $ 6, 200 Irrigation $ 10 ,920 Fine grading $ 3,120 Soil prep / Planting $ 8,580 Initial landscape maintenance $ 1,872 Subtotal $ 63 , 275 contingency (10%) 6 . 327 Total $ 69,602 These items would be constructed with this first phase of construction, and would be funded by the Agricultural Preservation Fees, therefore, would not affect the allocated amounts for the Open Space Master Plan. Staff is therefore recommending that these items also be constructed with this first phase of work, but be funded by the Agricultural Preservation Fees. PART III - Additive alternates Several site amenity items that are often part of a fully operational sports park were not identified for funding allocation. The following is a list of each of the items, their associated cost, and some information regarding the item. It is Staff's recommendation to bid each of these items as additive alternates, so that decisions regarding the need for these items can be based on current costs. These items could be funded with the Park and Recreation Fees currently available, and would not therefore affect the allocated funds for the Open Space Master Plan. Selection of these items would be made after receipt of bids. Agenda Item October 19, 1993 Page 5 Additive alternate # 1. Additional street/walkway luminaries $ 54,600 The implementation plan allocated $ 10,000 for lighting, this amount provides for only minimal lighting at the entrance (5 luminaries) . The additional lighting would provide luminaries along the entire parking and walkway areas that are included in this phase of construction. Installation of the lighting with this phase of construction is not only the least expensive (as there would be no retro-fitting) , but also provides for a more secure area. 2. Installation of 6" concrete mow curb $ 7,875 This item separates the turf from the shrub areas, and provides for easier/faster mowing and maintenance of the landscape. 3. Installation of rock cobble edging at $ 1,700 parking lot planters This item is constructed along the outermost edge of the parking lot planters, it allows an additional area to step out onto from your car, and protects the landscaping in the parking lot planters from being trampled, thus reducing replacement/maintenance costs. 4. Provide and install Trash Receptacles $ 1,800 This would provide four trash receptacles throughout the park. 5. Provide and install Bike Rack $ 1,045 This would provide one bike rack to be located at the pedestrian entrance area. 6. Provide Soccer Goals $ 1,000 This would provide one set of portable goals. 7. Provide and install Bleachers $ 12,000 This would provide bleachers at the Baseball and Softball fields, two per field. 8. Provide and install ballfield equipment $ 1,000 This would provide one set each of bases, pitching rubbers, and bat racks for the Baseball and Softball fields. 9. Install 36" box trees (14) $ 2,740 This would upgrade 14 of the trees located in the highest use areas from 24" box to 36" box. This would provide a much larger tree that would be better able to survive the impacts of those areas. Agenda Item October 19, 1993 Page 6 10. Install 24" box trees (66) $ 11,880 This would upgrade 66 trees located in the parking areas from 15 gallon to 2411box. A 15 gallon tree typically has a trunk caliper of only 1 1/2" to 2" which is very easily snapped by vandals. Upgrading the trees that are very easily accessible will reduce replacement and maintenance costs. 11. Install 5 gallon shrubs (1671) $ 12,533 This would upgrade 1671 of the 2299 shrubs in the park from 1 gallon to 5 gallon. This would also provide a plant that is more mature, and has a much better ability to withstand abuse from vandals, and would therefore reduce replacement and maintenance costs. 12. Install Sod at ballfield areas $ 83,629 This would upgrade the turf at the ballfield areas from stolens to sod. Stolens are a much cheaper method of turf installation, but the success rate is greatly varied. There have been several instances where the first installation was not successful, and the entire process had to be redone, thus delaying the opening. By installing sod rather than stolens the success rate is virtually guaranteed. 13. Provide and install fertilizer $ 8,000 injection system This would provide the city with the ability to apply fertilizer directly to the plant root zone by utilizing the irrigation system. This method provides for the most direct application and substantially reduces the maintenance time required for application. This would greatly reduce maintenance costs and provide for the safest application, as this method reduces human contact with the fertilizer. Total Additive Alternates 1 through 13 $ 235,766 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS As part of the City's review process, the Sports Park - Phase One implementation has gone before the following City advisory bodies: - Environmental Review Board - Park and Recreation Commission - Traffic and Transportation Commission - Cultural Heritage Commission (information only) - Design Review Commission - Planning Commission Agenda Item October 19, 1993 Page 7 FINANCIAL CONSIDERATION The Open Space Master Plan Implementation Report identified $ 1,541, 937 for construction on the Kinoshita Farm site. Of that total, $ 606,940 was allocated for the construction of the Sports Park improvements (Items D, D4, D8, and D9) , and $ 934 ,997 for the Community Center improvements (Items C, Cl, and C2) . Staff is recommending that several items not originally identified for construction with this phase of construction be included to provide the most cost effective method of construction. Total Allocated Funds (Items D, D4, D8, D9) $ 606,940 (as identified for this phase of construction in the Implementation Report) Total Additional Utility/Infrastructure $ 305,575 to serve Community Center and overall park (to be funded by monies already allocated for this, but originally identified for later construction) Total Agricultural Preservation related $ 69,597 construction (to be funded by Agricultural Preservation Fees) ---------------------------------------------------------- Total Budget Amount for Base Bid $ 982,112 NOTIFICATION Not Applicable Agenda Item October 19, 1993 Page 8 ALTERNATE ACTIONS 1 . By motion grant authorization to 1) advertise for and receive bids for the Sports Park - Phase One, inclusive of additive alternates, 2) utilize a portion of the funds allocated for site preparation and utilities for the Community Center at this time, and 3) construct Agricultural Preservation items funded by Agricultural Preservation Fees with this phase of construction. 2. By motion grant authorization to 1) advertise for and receive bids for the Sports Park - Phase One, inclusive of additive alternates, 2) utilize a portion of the funds allocated for site preparation and utilities for the Community Center at this time, and deny authorization to 3) construct Agricultural Preservation items funded by Agricultural Preservation Fees with this phase of construction. 3. By motion grant authorization to 1) advertise for and receive bids for the Sports Park - Phase One, inclusive of additive alternates, and deny authorization 2) utilize a portion of the funds allocated for site preparation and utilities for the Community Center at this time, and to 3) construct Agricultural Preservation items funded by Agricultural Preservation Fees with this phase of construction. 4 . Continue the item and direct staff to return with further information on specified issues. RECOMMENDATION By motion grant authorization to 1) advertise for and receive bids for the Sports Park - Phase One, inclusive of additive alternates, 2) utilize a portion of the funds allocated for site preparation and utilities for the Community Center at this time, and 3) construct Agricultural Preservation items funded by Agricultural Preservation Fees with this phase of construction. Agenda Item October 19, 1993 Page 9 Respectfully submitted, Prepared by, '6)'g�'2 /Yl QJ'� William M. Huber, P.E. Sharon Heider, Open Space Project Manager Attachments: 1. Resolution No. 93-2-2-4 from the Open Space Master Plan Implementation Report. (Funding Allocations) SGH\hs WP51\SGH\10-19CCAI RESOLUTION NO. 93-2-2-4 ACCEPTING OPEN SPACEMASTER PLAN IMPLEMENTATION REPORT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE OPEN SPACE MASTER PLAN IMPLEMENTATION REPORT AND ADOPTING THE PROJECT FUNDING RECOMMENDATIONS WHEREAS, the General Plan's Parks and Recreation Element identifies specific recreational needs of the community including the need for additional park land acreage and recreational facilities and the acquisition of two community park sites in the northern and southern portions of the City; and, WHEREAS, the Open Space Master Plan was adopted by the City Council on June 2, 1992, to address those recreational needs cited by the Parks and Recreation Element and at that time the City Council directed staff to prepare a report on initial implementation and project funding; and, WHEREAS, the City Council has reserved two million dollars ($2,000,000) of the twenty-one million dollar ($21,000,000) Measure "D", Save Open Space Bond Measure, approved by City residents, for expenditure on needed parks and recreation facilities and improvements identified for the Kinoshita and North San Juan Community Park Sites; and, WHEREAS, the Planning Director has determined that the Open Space Master Plan Implementation Report qualifies for issuance of a categorical exemption pursuant to the provisions of the California Environmental Quality Act (1970) and has issued the same; and, WHEREAS, the Open Space Master Plan Implementation Report was considered by the Parks and Recreation Commission on December 21, 1992, and the Commission approved a motion recommending City Council adoption of the Implementation Report and funding recommendations; and, WHEREAS, on February 2, 1992, the City Council conducted a duly-noticed public hearing to consider the Implementation Report and funding recommendations. NOW+ THEREFORE, BE R RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that: 1. The Open Space Master Plan Implementation Report is consistent with the goals, policies and objectives of the San Juan Capistrano General Plan, including the Parks and Recreation Element, Open Space and Conservation Element, and Land Use Element. 2. The Open Space Master Plan Implementation Report is consistent with the mandate of Measure "D", the "Save Open Space Bond Measure" which allocated twenty-one million dollars ($21,000,000) for the development of parks and recreation facilities, preservation of open space, and preservation of agricultural uses. -I- ATTACHMENT 3. The Open Space Master Plan Implementation Report complies with all applicable provisions of the California Environmental Quality Act (1970). BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby accepts the Open Space Master Plan Implementation Report dated February, 1993, including the recommended project funding subject to the following: I. The following protects are to be funded in the amounts indicated: Allocated Proiecu Kinoshita Farm C Community Center site preparation & utilities (phase 1) $362,000 C1 Community Center (phase 1, 3,000 s.f.) 390,000 C2 Roads/parking (phase 1, fifty cars) 40,370 Subtotal 792,370 contingency (10%) 79,237 design (896) -40,370 Project Total $934,997 Kinoshita Farm D Sports Park site preparation do utilities (phase 1) $329,768 04 Backstops 100000 DS Parking (100 spaces) 80,740 D9 Park entrance 93,848 Subtotal 514,336 contingency ()0%) 51,436 design (896) 41,148 Project Total $606,940 Total Allocated Funds $1,541,937 Unallocated Funds 438,063 2. Staff is directed to prepare the necessary "requests for proposals" pursuant to the City's adopted "consultant selection policy" to recruit qualified firms for the preparation of necessary site plans and architectural plans for the "allocated fund" projects. 3. Staff is also directed to return to the City Council, subsequent to the land acquisition process or by June 31, 1993, whichever occurs first, with recommendations on "unallocated funds" in the amount of $435,063 for the following projects. -2- Unallocated Projects Kinoshita Farm B Historic Preservation B1 Joel Congdon residence restoration $148,300 Subtotal 148,300 contingency (10%) 14,830 design (8%) 11,880 Project Total $173,230 North San Juan Site F Nature Center site preparation do utilities (phase 1) $ 46,943 F3 Interpretative trail 33,330 F6 Picnic tables/barbecues 31,400 F7 Parking (80 spaces) 49,113 Subtotal 183,006 contingency (10%) 18,301 design 14,640 Project Total $213,947 North San Juan Site K Park entrance K l Control structure/gate/sign $ 21,000 K2 Park entrance road 41,623 Subtotal 62,623 contingency (10%) 6,263 design (8%) 51010 Project Total $ 73,898 Unallocated Total $465,075 -3- 3. Staff is directed to proceed with discussions and negotiations with other public agencies and non-profit organizations which have an interest in participating in providing for funding commitment for otter planned park facilities not included in the initial funding recommendations. PASSED, APPROVED, AND ADOPTED this 2nd day of February , 1993. ZONESTAAYOR ATTEST: �� r-1 CITY'CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, 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. 9 2-2-a adopted by the City Council of the City of San Juan Capistrano, Cali ornia- , at a regular meeting thereof held on the 2nd day Of Fehruary , 1993, by the following voter AYESs Council Members Nash, Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAINS None ABSENTS None (SEAL) CH L`L.LKK -4- CALIFORNIA 20-DAY PRELIMINARY NOTICE (For use on public and private works-In accordance with Sec.3097,3098 and 3111,California Civil Code) (To be used by materialmen,suppliers,subcontractors,architects, engineers and others supplying labor materials,services or equipment) 2051. 0 Date: You are hereby notified that the undersigned has furnished or will furnish labor, services, equipment or material of thefollowing description.- From Claimant: To Construction Lender or Reputed Construction Lender: (Name) (Name) (Address (Address) oc, S te,Zip) (City.State,Zip) (Caiman or Ammcdzed agent Wet Here) Construction Project: To Owner or Reputed Owner,or Public Agency: 1 A��/ � i'D�,T/f'fit,ier D5W P f g y: (Name or Description of Pmjec[) to,) mit/ (Name) (Street Address s OR Lot and Tract No.) • �/iJD /�5�O /,z�i l f3�tiTa A. (Address) (TractfSnbd'vision Bou dories) o :'f/ //1�1 i'�'f1�isT�r�it/iL 4�,t� U (City,State,Zip) �KGttY) OR ' ❑(County) i� y Constrnctlon Loan No. /UGA�/= 4:zl z4l-1/ known) NOTICE TO PROPERTY OWNER 0 NOTE:This is not a lien on your property hot a notice required by law to If bills are not paid in full for the labor,services,equipment or < alert you to the possibility of liens beiag filed in the future Iran parties who materials furnished or to he famished,a mechanic's lien leading U furnish labor and materials to your job are not paid in full. to the loss, through court foreclosure proceedings, all or part of To Original Contractor or Reputed Contractor: your property being so improved may he placed against the y property even though you have paid your contractor in full.You ' Cie ?"/Jit/�/ ]•t,�i]//(f T �s'A/h7 !/l T/D/✓ may wish to protect yourself against this consequence by [11 requiring your contractor to furnish a signed release by the person m (Address or firm giving you this notice before making payment to your M�l - contractor or [2] any other method or device that is appropriate p (City,state. ,p) under the circumstances. The name of the person who contracted for the purchase Trust funds to which supplemental f P p pp r�,ige beneStt a payable: of labor, services, equipment or materials is: e a a u (Name) —1 m Name) (Address) G�� 1'" fV < (Address) Lam~ s (City,state,Zip) (Addmsa)s NOTICE:An estimate of the total price of the labor,services,equipment or materials famished or to be famishedIn ,is: $ t PROOF OF SERVICE AFFIDAVIT x I �/;111dM0r9'y (SECTION 3097.1 AND 3098,CALIFORNIA CIVIL CODE) �� //,/� I, 4&4"-!' ")"- �� ,t,� , declare that I served copies of the above Preliminary Notice (check appropriate box) (a) ❑ By personally delivering copies to (name and title of person served) at (address) on (date), at (time). (b) �rBy First Class Certified of Registered Mail Service, postage prepaid, addressed to each of the parties at the address shown above on ,.� 1�,4 , 19.x. I declare under penalty of perjury that the foregoing is true and correct. Signed at �5��--_/�l-�!� , California, oil (ATTACH RECEIPTS OF CERTIFIED OR / REGISTERED MAIL WHEN RETURNED) �n ( ign ore of Person Making Sc, e) Form 209.01996 By BUILDER'S BOOK,INC.•8001 CanogaAve.•Canoga Park,CA 91304•(818)887-7828•Toll Free:(800)273-7375-FAX:(818)887-7990 Z 869 151 495 IFORNIA PRELIMINARY NOT* In accordance with sections 3097 and 3098, California Civil Code THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. IF ANY OF THIS INFORMATION IS INCORRECT, PLEASE NOTIFY PINE TREE LUMBER IMMEDIATELY. TO: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO S.J.CAPISTRANO CA 92675 OWNER (REPUTED) OR PUBLIC AGENCY CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO S.J.CAPISTRANO CA 92675 LENDER (REPUTED) NO LENDER REPORTED ORIGINAL CONTRACTOR (REPUTED) TONY WANKET CONSTRUCTION, INC. 2480 GRAND AVE VISTA CA 92083 YOU ARE HEREBY NOTIFIED THAT. .. PINE TREE LUMBER CO. , INC 707 N ANDREASEN ESCONDIDO CA 92029 has furnished or will furnish labor, services, equipment or materials of the following description: LUMBER, HARDWARE AND BUILDING MATERIALS for building, structure or other work of improvement located at: APN:PHASE I,SPORTS PARK, LOT: , TRCT: , BOND #124255775 JOB ADDR:25925 CAMINO DEL AVION SAN JUAN CAPISTRANO Name of person or firm who contracted for purchase of such labor, services, equipment or materials is: TONY WANKET CONSTRUCTION, INC. An estimate of the total price of the labor, services, equipment or material is: $4,000.00 Trust funds to which supplemental fringe benefits are payable. NOTICE TO PROPERTY OWNER: If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by ( 1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances . CPN PREPARED BY: Doreen Frickey Oct 19 , 1995 p <a< to m 2 -y Q CALIFORA PRELIMINARY 20-[ Y NOTICE USE PROOF OF SERVICE AFFID OF CALIFORNIA PRELIMINARY 20•DAY NOTIC BACK OF GOLDENROD FILE COPY (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3096, CALIFORNIA CIVIL CODENNQTT YOU A NKRNAB FERTILI��EEZEQ HAT... CONSTRUCTION LENDER or Reputed Construction Lender, if any (name and address of person or firm sender) has furnished or will furnish labor, services, equipment or materials of the following general description: I ,d11! !;c I � ! ,( V� !,(�( iiilL P(t1 ,� • ' !!I !i i NITROLIZED MULCH i t tt#) t l�y(h irtb i�#j ta'y �ttl t r,l'Y Y k t1 1`� d I tli' dhoddal da.c;ouon of the labor,.err..,wri pment or materials fumishr or to be wmnidem for the budding,structure ozzhhggr of��oott��!ggl1��ovement located a6AN JUAN CAPI YOM 'NITS PARK PHASE. .1 . . 25925 CAMINO DEL AVION O AN JUAN CAPISTRANO CALIF, 92675 OWNER or PUBLIC AGENCY (address or description of job site sufficient for identification) Wor Reputed Owner (on public work) (on private work) The name of the person or firm who contracted for the purchase N ��Y IW�NK�IaS�aV��IiI.ID� I lUN ISfNC CITY OF SAN JUAN CAPISTRANO , E 32400 PASEO ADELANTO NOTICE TO PROPERTY OWNER R SAN JUAN CA 92675 If bills are not paid in full for the labor, services, equipment, or SAN JUAN CAPISTRANO CA 92675 materials furnished or to be furnished,a mechanic's lien leading i to the loss,through court foreclosure proceedings,of all or part L J of your property being so improved may be placed against the property even though you have paid your contractor in full. You SConstruction loan no. (if known) may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the parson or firm giving you this notice before making payment to FOLD HERE--------------------------------- your contractor or (2) any other method or device that is appropriate under the circumstances. C The person or firm giving this notice is required,pursuant to a collective ORIGINAL CONTRACTOR or bargaining agreement,to paysupplemamal fringe benefits into an express trust fund (described in Civil Code 43111), said fund is identified as OReputed Contractor, if any follows: (strike if inapplicable) 1 r It XI till 3,!!{ }u:'I st {At t ��;} gEa�'sl�kid.. ��{,�4 �t ,} �I�•S ledtlrssel � #! E. I dl t t (name) � { M s ,s6te{ sI laddriplat - (name) L_O Ly) SUBCONTRACTOR eddreea) with whom claimant has contracted FEB 14th 96 Mailed this date: } Ai s} ,t{=i ' !' ! a }:}! I •,! ' L.. SECRETARY (,qgnAturi5V (title) }lEjt {t�t11 l�}�1ti f(di�i�� ! 1i ! � (� � I( }t shy S I:Y��• An estimate of the total pace of the labor, services, equipment or matgpals furnished or to be furnished Is: 56.723. 60 i!:•,r�'�,S`I � .!�!�{ �t t',"I!ii��. ?: ' l�:� Is��`.,i`fi� • t� :��9`:}'F'.��•� :t; $ (PLEASE NOTE REVERSE SIDE) WOLCOTTS FORM 15100 IOmntuphcatel Rev. 1-95 tpnoe class 13E) CALIFORNIA PRELIMINARY 20-DAV NOTICE -1995 WOLCOTTS FORMS,INC. For your assistance the following complete text of Section 3097,Section 3097.1 and Section 3098 of the California Civil Code are hereafter quoted. Should you have any doubt as to the usefulness of this fr.— for your purposes you are urged to consult your poem attorney. 53097. Preliminary 20-day notice(private work)."Pre aremary 2C mc.(private work)"means index of the offinal records of inty that the instrument secures a construction loan. o written notice from a claimant that is given prior to the recording or a mechanic's lien,prior to the 00 Every contractor and subcu am who is mcin ed pursuant to a collective bargaining agreement filing Of a stop notice,and prior to asserting a claim against a payment band,and Is required to be to pay supplementary fringe benefits into an express trust fund described in Section 3111,and who given under the following circumstances: has failed to do so shall cause to be given to the trust fund and to the construction lender,if any.Or lel Except one under direct Contract with the Owner or one performing actual labor for wages,or to the reputed construction lender,if any,not later than the date the payment due to the Rust fund an express frust fond described in Section 3111, every person who furnishes labor, service, became delieword.a written rwbpe containing all of the following: equipment,o material for which a lien or payment bond otherwise can be claimed under this title,of 111 The name of the owner and the cmonomer. for which a notice to withhold can otherwise be given under this title,shall,as a necessary prerequisite (2)A description of the lobsite sufficient for identification. to the validity of any claim of lien,payment bond,and of a notice to withhold,cause to be given to 131 The identity and address of the express trust fund. the owner or reputed owner,to the original contractor,or reputed contractor,to any subcontractors (4) The total number of straight time and overtime hours on each lob, payment for which the with whom the claimant has contracted, and to the construction lender, if any,of to the reputed contractor or sobcontractor is delinquent to the expre"trust construction lender,If any,a written preliminary notice as prescribed by this section. 15)The amount then .at tlue and owing. to) Except the contractor, or one performing actual labor for wages, or an express trust fund Failure to give this notice shall constitute grountls for disciplinary action by the Registrar of described in Section 3111, aft persons who have a direct contract with the owner and who furnish Contractors. labor,service,equipment,or material for which a lien or payment bond otherwise can be claimed under 111 Every written contract entered into between a property owner and an original contractor shall this title,or for which a notice to withhold can otherwise be given under this title,shall,as a necessary provide space for the owner to enter his Or her name and address of residence;and place of business Prerequisite to the validity of any claim of lien,claim on a payment bond,and of a notice to withhold If any.The original contractor shall make available the name and address of residence of the owner cause t0 be given to the construction lender,if any, or to the reputed construction lender, If any,a to any person seeking to serve the cohort specified In subdivision Icl. written"abound,nonce as"."bad by chis section. M)Every written contract entered mlp between o property owner and an original connector,except to) The preliminary notice referred to in subdivisions dal and thl shall contain the following home rmprovemem contracts and swimming pool contracts subject to Article 10(commencing with Information: Section 71501 of Chapter 9 of Division 3 of the Business and Professions Code,shall provide space It)A general description of the labor,service,equipment,or materials furnished,or to be furnished, for the owner to enter the name and address of the construction lender or lenders. The original and an estimate of the total price thereof, contractor shall make available the name and address of the construction lender or lenders to any 12)The name and address of the person furnishing that labor,service,equipment,or materials, person seeking to serve the notice specified in subdivision lit.Every contract entered into between (3) The name of the person who contracted for purchase of that labor, service, equipment, or an original contractor and subcontractor,and between subcontractors,shall provide a space for the Materials. name and address of the owner,original contractor,and any construction lender. (41 A description of the Iditudo sufficient for Modification. (til Where one or more construction loans are obtained after commencement of Construction, the (5)The following statement in boldface type-, property owner shall provide the name and address of the construction lender or lenders to each NOTICE TO PROPERTY OWNER person who has given the property owner the notice specified in subdivision(C). 11 bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished, (at 01 Each person who has served a preliminary 20daynotice pursuant to subdivision if)may file a mechanic's (len leading to the lass, through court foreclosure proceedings, of all or part of your the preliminary 20-day notice with the county recorder in the County in which any portion of the Woperty being on improved may be placed against the property even though you have paitl your property is located A preliminary 20daynotice filed pursuant to this section shall Contain all the Contractor In full. You may wish to protect yourself against this consequence by(1)requiring your following: Contractor to furnish a signed release by the person or firm giving you this notice before making (A)The name and address of the person furnishing the labor,service,equipment,or materials. Payment to your contractor or (2) any other method or device that is appropriate under the at The more of the person who contractetl for purchase of the labor, service, equipment, or Circumstances. materials. 161 If the notice is given by a subcontractor who is required pursuant to a collective bargaining ICI The common street address of the lobsite. agreement to pay supplemental fringe benefits Into an express trust fund described In Section 3111, (2)Upon the acceptance for recording of a Notice of Completion or Notice of Cessation the County the notice shall also contain the identity and address of the trust fund or funds. Recorder shall mail to those persons who have filed a preliminary 20-day notice,notification that a if an mva¢e for materials conrame the information n,olousd by this section,a copy of the voice, Notice of Completion or Notice of Cessation has been recorded On,the Opposite antl shall arhx the date transmitted in the manner prescribed by this section shall be sufficient notice, that the Notice of Completion or Notice of Cessation was recorded with the county recorder. A certificated architect,registered engineer,Or licensed land surveyor who has furnished services (3)The failure of the county recorder to mail the notification to the person who filed a preliminary for the design of the work of improvement and who gives a preliminary notice as provided in this 20-day notice, or the failure of those persons to receive the notification or to receive Complete Section not later than 20 days after the work of improvement has commenced shall be deemed to have notification, shall not affect the period within which a claim of lien is required to be recorded. composed with subdivisions(a)and Int with respect to architectural,engineering,or surveying services However,the county recorder shall make a good faith effort to mail notification to those persons who furnished,or to be furnished. have filed the preliminary 20-day notice under this section and to do so within live days after the dal The preliminary notice referred t0 in subdivisions(a)and thl shell he given not later than 20 daysr ecording of a notice of completion or notice of cessation. after the claimant has first furnished labor,service, equipment,or materials to(he lobsite. If labor, 141 This new function of the county moveder shad not become operative until July i, 1988.The service,equipment,or materials have been furnished to a jobsite by a claimant who did not give a county recorder may cause to be destroyed all documents filed pursuant to this section. two years preliminary notice,that claimant shall not be precluded flan giving a preliminary notice at any time after the date o1 filing. thereafter.The claimant shall, however,be entitled to record a lien,file a atop notice,and assert a (5)The preliminary 20-day notice which a person may file pursuant to this subdivision is for the claim against a payment bond only for labor,service,equipment,of material furnished within 20 days limited purpose of facilitating the mailing of notice by the county recorder of recorded notices of prior to the service of the bot iminary notice,and at any time thereafterr completion And notices of Cessation.The notice which D filed is not a recordable document and shall lel Any agreement made or entered into by an owner,whereby the owner agrees to waive the rights not be entered into those official record. of the county which by law import Constructive notice. or privileges contained upon the.,net by this section shall be void and of no effect. Notwithstanding any other provision of law,the index maintained by the recorder of filed preliminary IN The notice required under this section may be served as follows: 20-day notices shall be separate and distinct from those indexes maintained by the county recorder til If the person to be notified resides in this state,by delivering the notice personally,on by leaving of those official records of the county which by law Impart constructive notice. The filing of a it at his or her address of residence or place of business with some person in charge,or by first-class preliminary 20 day notice with the county recorder does not give rise to any actual or constructive registered or certified mail,postage prepaid,addressed to the person to whom notice is to be given notice with respect to any party of the existence or contents of a filed preliminary 20 day notice nor at his or her residence or place of business address or at the address shown by the building permit on to any duty of inquiry an the part of any party as to the existence or contents of that notice. file with the rephonty issuing a building permit far the work,pr or any address recorded pursuant to 53097.1 Proof of Service of Notice.Proof that the prellminarY 20-day notice required by Section subdivision(1). 3097 was served in accordance with subdivision Irl of Section 3097 shall be made as follows: 12)If the person to be notified does not reside in this state,by any method enumerated in paragraph (a) If served by mail,by the proof of service affidavit described in subdivision to)of this section III of this subdivision. If the person cannot be served by any of these methods,then notice may be accompanied either by the return receipt orcertiffed or registered mail,or by a photocopy of the record given by first class certified or registered mail,addressed to the construction lander or to the original of delivery and receipt Maintained by the post office, showing the date of delivery and to whom contractor. delivered,of,in the event of nondelivery,by the returned envelope itself. (3)When service is made by find class certified or registered mail,service is complete at the time Ib)if served by personally delivering the notice to the person to be notified,or by leaving it at his of the deposit of that registered or certified mail, address or place of business with some person in charge,by the proof of service affidavit described (g)A person required by this section to give nonce to the owner,to an original contractor,to any in subdivision(c). subcontractm,and to a person to whom a notice to withhold may be given,need give only one notice Id A"proof of service affidavit"is an affidavit of the person making the service,showing the time, to the owner,to the original contractor,and to any subcontractor,and to the person to whom a notice place and manner of service and facts showing that such service was made in accordance with to withhold may be given with respect to all materials,service,labor,or equipment he or she furnishes Section 3097.Such affidavit shall show the name and address of the person upon whom a copy of fora work of improvement that means the enure structure or scheme of improvements as a whole, the preliminary 20 day notice was served,and If appropriate,the title or capacity in which he was .Mess the same is furnished under contracts with mare than one subcomoctor,in which event,the served. notice requirements shall be met with respect to materials,services,labor,or equipment furnished to 53098.Preliminary 20 Day Notice(Public world. "Preliminary 20-day notice(public wai means each contractora written notice from a claimant that was given prior to the assertion of a claim against a payment If a notice contains a general description required by subdiv¢mn(a)or Ibi of the materials,services, bond, or the filing of a stop notice on public work,and is required to be given under the fobowing labor,of equipment furnished to the date Of notice,it Is not defective because, ahef that data the circumstances: person giving notice fndemill materials, services, labor, or equipment not within the scope of this dal In any case in which the law of this state affords a right to a person furnishing labor or materials general description. for a public work who has not been paid therefor to assert a claim against a payment bond,or to file did Where the Contract price to be paid to any subcontractor on a particular work of improvement a stop notice with the public agency concerned,and thereby cause the withholding of payment from exceeds four hundred papers (8400), the failure of that contractor, licensed under Chapter 9 the contractor for the public work,any such person having no direct cantfactpal relationship With the (commencing with Section 7000)of Division 3 of the Business and Professions Code, to give the contractor, other than a person who performed actual labor for wages or an express trust fund notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of described in Section 3111,may file the preliminary notice,but no payment shall be withheld from the Contractorscontractor pursuant to that notice unless the person has caused written notice to be given to the Where the notice is required to contain the information set forth in paragraph(6)of subdedento jer contractor, the subcontractors with whom the claimant has contracted, and the public agency a ration.to area the notice,including that information,that results in the filing of a Len,claim on a concerned,not later than 20 days after the claimant has first furnished labor,services,equipment,or payment bond, or the delivery of a stop notice by the express trust fund to which the obligation is materials to the lobsite, stating with substantial accuracy a general description of labor, service, wing constitutes grounds for disciplinary action by the Registrar Of Contractors against the equipment or materials furnished or to be furnished and the name of the party to whom the same was subcontractor if the amount due the trust fund is not paid. furnished This notice shell be served by marling the some by first Class mail, registered mail, Or ql Every city.county,city and county,or other governmental authority issuing building permits shall, certified marl,postage prepaid.In an envelope addressed to the contractor at any place the contractor n rts ap,hcalmn form for a building permit,provide space and a designation for the applicant to enter maintains an office or conducts business, of his of her residence,or by personal service.In case of the name, branch, designation, if any, and address of the construction lender and shall keep the any public works constructed by the Department of Public Works or the Department of General mficmauon on fhc open for public inspection during the regular business hours Of the authority. Services of the stale,such notice shall be served by mailing in the same manner as above,addressed I f there a no known construction lerxler,tort fact shall be noted In the designated space.Any failure to the office of the disbursing officer of the department constructing the work,W by personal service no'mdioate then ) c a and address of the nstfuclion lender on the application however,shall not upon the officer.When service Is by registered or certified mail,service is complete at the lune of the rehave any parson from the Obll,mmll to give to the f.mommem lentler the notice required by this deposit Of the fegismsd or candied mall. section. (bi Where the contract price to be paid to any subcontractor on a particular work of improvement 111 A mortgage,deed Of trust,or other Instrument securing a loan,any of the proceeds of which may exceeds four hundred dollars 154001, the failure of that contractor, licensed under Chapter 9, be used for the purpose of constructing improvements on real property, shall bear the designation (commencing with Section 70001 of 0rviswn 3 of the Business and Professions Code,to give the 'Construction Trust Deed'prominently on its face and shall state all of the following:11)the name and notice provided for in this section, Constitutes grounds far disciplinary action by the Registrar of address of the lender,and the name and address of the owner of the real property described in the Contractors, netrurnen6 and 12),legal description of the real property which secures In.loan and,it known, the to)The notice requirements of this section 511311 not apply to an express bust fund described in street address of the property. The failure to be so designated or to state any of the information Section 3111. required by this subdivision shall not affect the validity of the mortgage, deed of trust, or other (d)If labor,service,equipment,or materials have been furnished to a jobatca by a claimant who did nstrumentool give a preliminary Force millirem In subdivlsfon (al,that claimant shall not be precluded from Failure to provide this information on this instrument when recorded shall not relieve persons giving a preliminary notice at any time thereafter.The claimant shall,however,be entitled to assert required to give preliminary notice under this section from that duty, a claim against a payment bond and file a slop notice only for labor,service,equipment,or material The county recorder of the county In which the instrument is recorded shall indicate in the general furnished within 20 days prior to the service of the preliminary notice,and at any time thereafter. so,mi mw,»vs N n eauro moE r PP N7-111T- a FQa _(EPIC: Ia f orRr eRF ,= F�FP,cArs� a 7 �� 9 4WW.p'Ei v1Wf YI LSCESS E.4EV_(` jMA'E i DMF iAM1C F C -� w IrnmE T_Fe YA I THIS n NOT A IFFY.TNI!R NOT A VEFIECTION ON ME IN Ei OF ANY CONTRAC101 OR Si-LUT FURACTOR. in caI .m rt gibly rrleUsed fet e r possible B- Arse is V^ non,i ono mss be ob.nned f= e 'Fe CC-1,Assessor C Tap,o��gm21 signam.e opy is regnrod for I, )S,with C0-1ry Recorders Office DATE ASSESSOR'S PARCEL NO. YOU ARE HEREBY NOTIFIED: THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR,SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION (NAME) (DESCRIPTION OF MATERIAL) (ADDRESS) INDIVIDUAL OR FIRM (CITY) 5TATEI (ZIP) . BV:.� (SIGNATURE) (ADDRESS OF BUILDING,STRUCTURE,WORK OR IMPROVEMENTI ITITIF) (DATE) CITY) (STATE) (ZIP) [HE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR, SERVICE, EQUIPMENT OR MAffRIAL NOTICE TO PROPERTY OWNER If bills are at paid in fell for the labor, services, equipment, or materials furnished or to be furnished,a mechanic's lien leading to the 'S loss,through court foreclosure proceedings,of all Or part of your proper, ty being so improved may be placed against the property even though you hove paid your contractor in full.You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or device which is appropriate under the circumstances. TRUST FIMM TO Vy111C11 SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE C :AGENCY , NAME - ' r - _ .. �• `� ADDRESS 10 _f rn NAME - -.-< In, i oNo m ( T.O. ADDRESS :; �. .., ORIGINAL ONTRACTOR - - NAME EOR REPUTED I ONTRACTOR '.I ADDRESS00 t.71 (MATERIAL MEN NOT REQUIRED 10 FURNISH THE ABOVE) NOTICE SRLLI�MD TO CONSTRUCTION LENDER ONLY TION R ESTIMATED TOTAL PRICE OF THE LABOR,SERVICES, 'OR EQUIPMENT OR MATERIALS DESCRIBED HEREON. TIpJR5 OF OF SERVICE AFFIDAVIT (SECTION 3047 1,CALIFORNIA CIVIL CODE) I, declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) ❑ By personally delivering copies to —at (name(s)and Ltle(s)of person served) (address) on19_, ai _.m. (date) (time) (b) ❑ By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on ,19=. I declare under penalty of perjury that the foregoing is true and correct. . Signed at - I' California, on. 19 [ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED. SIGNATURE OF PERSON MAKING SERVICE IiEO1WNf9. °sue POLY FAL((so E,it aPaaa OWNER COPY IOW CALIFORV#A PRELIMINARY 20•%%Y NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE YOU ARE HEREBY NOTIFIED THAT. . . CONSTRUCTION LENDER or John M. Mari , Inc. O Reputed Construction Lender, if any name and address of person or firm—sender) 3044 Industry St. Ste 105 Yr Oceanside, CA 92054 N has furnished or will furnish labor,services,equipment or materials of the following general description: Furnish & Install E (general description of the lador,services.equipment or materials furnished or to he furnished) Reinforcing Steel R for the building, structure or other work of improvement located at: 00110 Sports Park — Phase One (adorns or description of job site sufficient Ior ldentindieA San Juan Capistrano, Ke CFOLD HERE The name of the person or firm who contracted for the purchase of such O labor, services, equipment or materials: P Tony Wanket Construction Co. NOTICE TO PROPERTY OWNER Y If bills ere not paid In full for the labor, eervket, equipment, or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or port of your prop. OWNER or PUBLIC AGENCY erty being so Improved may be placed against the property own though or Reputed Owner (on public work) you haw paid your contractor In full.You may wish to prohd yatmaeN (On p work)work against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or device which is appropriate under the circumstances. The person or firm giving this notice is required, pursuant to a collec- tive bargaining agreement,to pay supplemental fringe benefits into an City of San Juan Capistrano express trust fund (described in Civil Code 13111), said fund is iden- San Joan Capistrano City Hall filled as follows: (strike if inapplicable) 32400 Paseo Adelanto California Field Ironworkers San Juan Capistrano, CA 92675 Trust Funds "Mpt 7273 L FOLD HERE Los Angeles;a0°T6 90088 7273 (name) (address) ("a" I Mdarm) ORIGINAL CONTRACTOR or Mailed this date June 13, 1995 Reputed Contractor4* President (wgnatum) (dde) An estImate of the total price of the labor, services, equipment or materials furnished or to be furnished is: a DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20-DAY NOTICE In Accordance With §3097.1(c) and 3098, California Civil Code John M. Mari declare: On the 13 day of June 19 95 at 11:00 a.m., Declarant served the CALIFORNIA PRELIMINARY 20-DAY NOTICE on the interested parties as follows: (Check applicable box.) I[X By placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United States mail at 211 Brooks St Oceanside, CA 92054 add9sed as follows: ❑ By delivering a true copy thereat to the parties listed below: rQ / By leaving a true copy thereof at the address or place of business with some person in charge,of the parties whose namwnd addresses delivered are listed below: (not to be used on public works) cn I declare under penalty of perjury that the foregoing is true and correct. Executed on )June 13, 1 y95 at 211 Brooks St Oceanside, VA 92054 / Declarant MLC07S FORM 15x00(dWdrinotmte),Ree.7-ebb (ante mass 1301 ©1981 WOLCOTTS,INC. / (PLEASE NOTE REVERSE SIDE) For your assistance the following complete text or Section 3097, Section 3097.1 and Section 3098 of the California Civil Code are hereafter quoted.Should you have any doubt as to the usefulness of ibis form for your purposes you are urged to consult your awn attorney. § 3097. Preliminary 20-day notice (private we "Prehminary 20-day Where such notice Is regi to contain the Information set forth in notice(private work)" di s a wntuc; rolicv fruit _Iamam that is given paragraph(6)of subdivision IL, .ailuro to give such notice,including such prior to the recording of a -v chamc'eien and prior to the filing of a stop Information, that results in fre filing of a lien or the delivery of a stop notice notice. and is reurired to of! Gwen under the following cln:umstawes. I y the express frust fund to which such obligation is owing constitutes (a) Written preliminary notice; parties. Except one under direct ccnlracl r,rm nw,for fhe disciplinary scddu ny the Registrar of Contractors against the with the owi n, or one,perk-ming acual labor for wages,or an express trust su[i Vractor n the amount duo such trust fund is not paid fund desenbed in Serhoa 7111 every person wino furnishes labor.service. CQ Construction lender; designation or permit application. Every city. equipment, or arsenal for Ahlch a lien otherwise can he claimed under this countycity and county, or other governmental authority Issuing building title,or for which a n;tice to withhold can otherwise be given under this title, permits shall, in its application form for a building permit.provide space and must,as a necessary prerecrosite to the vadddy of any claim o1 ren,and of a a designation for the applicant to eater the namebranch,designation,it any, notice to withhold, cause-o be given to the owner or reputed owner, to the arid address of the construction lender and shall keep the Information on file original contractor, or reputed contractorand to the construction lender, If open for public Inspection during the regular business hours of the authority- any,or to the reputed construction lender,if any,a written preliminary notice If there is no known construction lender. that tact shall be noted in such as prescribed by this sectiondesignated space. Any failure to indicate the name and address of the con - (b) Construction tender Except the contractor, or one performing actual spattered lender on such application, however, shall not relieve any person labor tot wages, or an express trust fund described in Section 3111,all per- from the obligation to give to the construction lender the notice required by sons who have a direct contract with the owner and who furnish labor,ser- this section. vice,equipment.or material for which a lien otherwise can be claimed under (j) Designation of mortgage, deed of trust or other instrument securing this title, or for which a notice to withhold can otherwise be given under this loan. A mortgage, deed of trust, or other instrument securing a loanany of titlemust,as a necessary prerequisite to the validity of any claim of lien,and the proceeds of which may be used for the purpose of constructing improve- of a notice to withhold,cause to be given to the construction lender,it any,or ments on real property, shall bear the designation ''Construction Trust to the reputed construction lender, if any, a written preliminary notice as Deed" prominently on its face and shall state all of the following. (1) the prescribed by this sectionname and address of the tender, and the name and address of the owner of (c)Time; content; architect, engineer or surveyor.The preliminary notice the real property described in the instrument, and (2)a legal description of referred to in subdivisions(a)and (b)shall be given not later than 20 days the real property which secures the loan and, if known, the street address of after the claimant has first furnished labor, service, equipment.or materials the property.The failure to be so designated or to state any of the information to the jobsite, and shall contain the following informationrequired by this subdivision shall not affect the validity of any such mortgage. (1)A general description of the labor,service,equipment,or materials fur- deed o1 trust, or other instrument. nished,or to be furnished,and it there is a construction lender,he shall be fur- Failure to provide such information on such an instrument when recorded rushed with an estimate of the total price thereof In addition to the foregoing, shall not relieve persons required to give preliminary notice under this section (2)The name and address of such person furnishing such labor, service, from such duty. equipment, or materials- The county recorder of the county in which such instrument is recorded (3)The name of the person who contracted for purchase of such labor,ser- shall indicate in the general index of the Obefal records of the courr(y that vice, equipment, or materials. such instrument secures a construction loan. (4) A description of the jobsite sufficient for identification. (k)Trust fund and lender;supplementary fringe benefits. Every contractor 5)The following statement In boldface type. and subcontractor who is required pursuant to a collective-bargaining agree- ment to pay supplementary fringe benefits into an express trust fund described NOTICE TO PROPERTY OWNER in Section 3111,and who has faded to do so shall cause to be given to such fund and to the construction lender, if any, or to the reputed construction If bills are not paid in full for the labor, services,equipment, or materials lender,it any, not later than the date such payment due to such fund became furnished or to be furnished,a mechanic's lien leading to the lossthrough delinquent, a written notice containing. court foreclosure proceedings,of all or part of your property being so improved (1)The name of the owner and the contractor may be placed against the property even though you have paid your contrac- (2)A descnplion of the jobsite sufficient for identification for In full. You may wish to protect yourself against this consequence by (1) (3)The identity and address of the express trust fund. requiring your contractor to furnish a signed release by the person or firm (4)The total number of straight time and overtime hours on each such lob, giving you this notice before making payment to your contractor or (2)any payment for which the contractor or subcontractor is delinquent to the other method or device which is appropriate under the circumstancesexpress trust. (6)If such notice is given by a subcontractor who is required pursuant Ida j5) The amount then past due and owing- collective-bargaining agreement to pay supplemental fringe benefits into an Failure to give such notice shall constitute grounds for disciplinary action express trust fund described in Section 3111, such notice shall also contain by the Registrar of Contractors. the identity and address of such trust fund or funds. 0)Contract;name and address of owner;information to person seeking to If an invoice for such materials contains the information required by this serve notice. Every written contract entered into between a property owner section,a copy of such Invoice,transmitted in the manner prescribed by this and an original contractor shall provide space for the owner to enter his name section shall be sufficient noticeand address of residenceand place of business if any.The original contrac- A certificated architect,registered engineer,or licensed land surveyor who for shall make available the name and address of residence of the owner to has furnished services for the design of the work of improvement and who any person seeking to serve notice required by this section, gives a preliminary notice as provided In this section not later than 20 days after the work of improvement has commenced shall be deemed to have cam- 53097.1 Proof of service of preliminary 20-day notice,proof of service affi- plied with subdivisions(a)and(b)with respect to architectural,engineering. davit; receipt. Proof that the preifmmary 20 day notice required by Section or surveying services furnished, or to be furnished. 3097 was served in accordance with subdivision(f)of Section 3097 shall be (d)Election not to give preliminary notice;subsequent rights. If laborser- made as follows: vice, equipment, or materials have been furnished to a jobsite by a person (a) If served by mall, by the proof of service affidavit described In subdivi- who elected not to give a preliminary notice as provided In subdivision(a)or stun(c)of this section accompanied either by the return receipt of certlfied or (b), such person shall not he precluded from giving a preliminary notice not registered mail,or by a photocopy of the record of delivery and receipt maim later than 20 days after furnishing other labor, service. equipment or tamed by the post office,showing the date of delivery and to whom delivered, materials to the same jobsite. Such person shall, however, be entitled to or, in the event of nondelivery, by the returned envelope itself. claim a(len and a notice to withhold only for such labor, service,equipment, (b)If served by personally delivering the notice to the person to be nofihed, or material furnished within 20 days prior to the service of such notice,and at or by leaving it at his address or place of business with some person in any time thereaftercharge, by the proof of service affidavit described in subdivision (e) (a)Waiver.Any agreement made or entered Into by an owner,whereby the (c)A "proof of service affidavit' Is an affidavit of the person making the owner agrees to waive the rights or privileges conferred upon him by this service, showing the time, place and manner of service and facts showing section shall be void and of no effect that such service was made in accordance with Section 3097, Such affidavit (f) Service. The notice required under this section may be served as shall show the name and address of the person upon whom a copy of the pre- follows: limfnary 20-day notice was served,and,it appropriate,the title or capacity in (1)If the person to be notified resides in this state,by delivering the notice which he was served. otor. ion,n.vr_hic_vu•rr-.N w:idnzrwS! original contractor.contractor. person having no direct contractual relationship with the contractor, other than a person who performed actual labor for wages or an express trust fund described In Section 3111, may file such a notice, but no payment shall be (3)When service is made by first-class certified or registered mail,service withheld from any such contractor, pursuant to any such notice,unless such Is complete at the time of the deposit of such registered or certified mailperson has caused written notice to be given to such contractor, and the (g)Single notice;additional material, service, labor or equipment.A per public agency concerned, not later than 20 days after the claimant has first son required by this section to give notice to the owner and to an original con- furnished labor,services,equipment,or materials to the jobsite,stating with tractor,and to a person to whom a notice to withhold may be given,need give substantial accuracy a general description of labor, service, equipmentor only ons such notice to owner,and to the original contractor and to the per- materials furnished or to be furnished,and the name of the party to whom the son to whom a notice to withhold may be given with respect to all materials, same was furnished Such notice shall be served by mailing the same by service, labor;or equipment he furnishes for a work of improvement, which first-class mail, registered mailor certified mailpostage prepaid, fn an means the entire structure or scheme of improvements as a whole,unless the envelope addressed to the contractor at any place he maintains an office or same is furnished under contracts with more than one subcontractor, in conducts his business, or his residence, or by personal service. In case of which event, the notice requirements must be met with respect to materials, any public works constructed by the Department of Public Works ar •` services, labor, or equipment furnished to each such contractor Department of General Services of the state, such notice If a notice contains a general description required by subdivision(a)or(b) mailing in the same manner as above,edition^* Of the materials,services,labor,or equipment furnished to the date of notice. Ing officer of the department rn— it is not defective because, after such date, the person giving notice fur- upon such officer r"" n,vxrAlt ppfsf 1,10A 5uo9noR• nishes materials, services, labor, or equipment not within the scope of such comae-'- general description. c.,,y ya�lre (h) Disciplinary action against contractors and subcontractor, Iott 55e1,,,un1 Ors In contract price to be paid to any subcontractor improvement exceeds four hundred for, licensed under Char^- onr•SlIty"OR'rsbrc 0� of the Basin— - • ra TS FOR OFFICIAL USE ONLY lR4'-p tlJl rll CSFCilON53WJlW8 N BI11 CALIFORNIA DFS HI:'I t UIR J Cn'Oilr /1 'J l+ 'I r'111 [r I -pP l L F f.Jbp EI .CES'N—6FVI TI41a=JR 11 CC 'I F BE NP CCJJ 1 I 'f': -ESCriIrV NLP.FJV NAr o U AFC JI I- IHL`Si4'� THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. P11 1If C I b L- r ( LIE . B AeC [ I - ligT cg.,r -or r ,be'ea 11th I 1 C r—r111 I Offce......t to aeixc C11 0, DATEMay 31, 1995 ASSESSOR'S PARCEL NO. YOU ARE HEREBY NOTIFIED. THAI THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR,SERVICES,EQUIPMENT OR MATERIAL OF THE FOLLCWING DESCRIPTION Maga Fngjnaar;ng rn_ _EEcuipment Rental (NAM[r (DESCRIPTION OF MATERIAL) P O Box 12314, Sports Park (ADDRESS) INDIVIDUAL El Cajon, CA. 92022 25925 Camino Del Avion ORM (CITY FIK / C (ZIP)( S San Juan Capistran, CA (ADDRESS OF BUILDING.STRUCTURE,WORK OR IMcROVEMENT) TITTI E) (DATE) (CITY) (STAIE) QIP) THF NAME AND ADDRESS OB HE PERSON WHO CONIRACTED FOR THE PURCHASE OF SUCH LAB02,SERVICE EQUIPMENT OR MATERIAI NOTICE TO PROPERTY OWNER If bills are riot paid in lull for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the Jamar Granding, 3138 Rio Madre Ln. , loss, through court foreclosure proceedings, of all or part of your proper- I. - ty being so improved may be placed aganst the property even though you have paid your contractor in full. You may wish to protect yourself against Jamal, Ca 91935 this consequence by(q requiring your contractor to furnish a signed release by the person OF III giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstance::. City of San Juan Capistrano TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE EPUBLIC OWNER, 32400 Paseo Adelanto, NAME WNER, ENCY San Juan Capistrano Ca 92675 ADDRESS NAME Tony wanket Construction, Inc. ADDRESS TO: E2480 Grand Ave. ORIGINALCONTRACTOR NAME REPOUTED ta CA 992083 E CONTRACTOR ADDRESS (MATER AL MEN NOT REQUIRED TO FURNISH THE ABOVE) Same As Owner NOTICE //yy , � � �� 7 TO CONSTRUCTION LENDER ONLY 2+ ECINSTRUCTON ESTIMATED TOTAL PRICE OF THE LABOR SERVICES, E9111PMENT OR MATERIALS DESCRIBED HEREON�L. IIs PROOF OF SERVICE AFFIDAVIT C J Lundstrom (SECTION 3W7 1,CALIFORNIA CIVIL CODE) I, , declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) ❑ By personally delivering copies to _ at (nome(s)and BHe(s)of person served) (address) x on 19 ,at —M. (b) D By First CI¢Iss Corti led or Registered M�II-service, pagas age prepaid, addressed to each of the parties at the address shown above on //-2 1 ,19 �� I declare under penalty Q(,peF�,ur th t the for going is true and correct, ""r _ Signed at JJ /1� 1 L b`•� , California, on ^(ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED) I AIFQRN 4S449)4P44v POLVPAK(so SETS) SIGNATLME_OF PERSON-M IN ICE top) OWNER COPY 1 FOR OFFICIAL USE ONLY ! II' .l 11.inTrl7Vl DiRF11 1 11D JEL.LICFQION53U9)inOaBPOR SERVIII,,CAOLIIPPdMIA fF^lIIFURNIEHC -JT"`9FfLFi 7,.4 LN IHE IP(. 'D P]Jrpr JJII H I DESCRIBER HEI ON)MA'BE SJ _VECLf G IEd HSSTAIE ^I- 44 V h TJ PRIVATE V CRF ONLY THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR reinaxo A FII ollf ,plell,,ol I lear, Ille 1,1111,1- I bl 5 zs,e pa cel number rn,c I 'n-p 1 o f ty Ess ,- D i",If_,, dls ma tle SecPon dL�.fe. w�iM1IFfiled ( NR.c d "-Jhce p,suant 1p DATE 04/03/95 ASSESSOR'S PARCEL NO. F„rr Eit.,n 14 YOU ARE HEREBY NOTIFIED: THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR,SERVICES,EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION F.J. Willer-t- Cpntractinct Co., Inc. raruinnent RJFTtal (NAME) (DESCRIPTION OF MATERIAL)n_—� 9301-2 Friars [tel Cit,r 7F San Juan {<lF>1CtYa 10 (ADDRESS) INDIVIDUAL San Diedri, CA `'.210,9 Snort: park ”"VELse 1. OR FIRM (CITY) 61FATE) QIP) BY, '"l ' , 29525 Camino W. A-vion (SIGNATURE) ', B';- ... (ADDRESS OF BUILDING,STRUCTURE.WORK OR IMPROVEMENT) �ohickect " FF 19/03/95 S>an ;;Tan Cat istranD,, 92576 ,,(TITLE) (DATE) (CITY) (STATE) (ZIP) THE NAME AND ADDRESS OF THE PERSON WHO OONTIRAOTED EOR THE PURCHASE OF SUCH LABOR.SERVICE,EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or 1JaiTY7r Cra(�]-'1C materials furnished or to be furnished, a mechanic's lien loading to the I loss, through court foreclosure proceedings, of all or pad of your proper- ty being so improved may be placed against the property even though you .'.,,.�..'''�lI have paid your contractor in full. You may wish to protect yourself against .3131] Rio Madre lane, Jarrul, .A 91935 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 yaw Contractor or (2) any other method or device which is appropriate under the circumstances. :1� f San Juan Capistrano TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE TO: Pu°oNowNERPaseo Adaianto NAME OR PUBLIC AGENCYan Canistrano CA 92675 / ADDRESS _a V NAME Tcr 4Janket Construction, Inc. ADoaess rn [CONTRACTOR O. , `ri mAcroR L480 r*r-� Ave Y3 NAME OFF PUTED v Vista, CA 92023 ADDRESS -� (MATERIAL MEN NOT REQUIRED TO FRAH TNF ABOVE) TICE `ton`" TO CONSTRUCTTIION LENDER ONLY TO S.IMATED TOTAL PRICE OF THE LABOR SERVCES, owmzucoov �'j� E- E ) TF FIT l X 6�✓�' / EQUIPMENT OR MATERIALS DESCRIBED HEREON .f LNED JCT iR HtDH I I �v, PROOF OF SERVICE AFFIDAVIT t Bishol SLOE(SECTION S .CALIFORNIA CML CODE) _ i ,declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) ❑ By personally delivering Copies to at (namo(s)and TItil oT person Selvetl) (address) on 19 at _ ,m. me) (b) �By First Class Certified or Registered Mail service, pas age prepaid, addressed to each of the parties at the address shown above on April 3q 93 I declare under penalty of perjury that the foregoing is true and correct. Signed at San. Diego ,California,on 7%1)l1 3 , 19 e5 (ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED) ItEUIFORM SIGNATURE OF PERSON AKING SERVICE 45449/4P4G9 POLYPAK(5U SET5) 2190 - Of1NEit&N1?s`hM CALIFORNIA PRELIMINARY 20-DAY NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE YOU ARE HEREBY NOTIFIED THAT. . . CONSTRUCTION LENDER or GOLDEN TRIANGLE LAND SURVEYING, INC Reputed Construction Lender, it any rname and address of person or firm—sender) 2679 SEACREST CT. VISTA, CA 92083 has furnished or will furnish labor,services,equipment or materials of the(allowing general description: SURVEY SERVICES Ipentsa descnprion a int bee.samt0.edapmenl a maraMi lannbd a tdb raasnedt NA Lfor the building, structure or other work of improvement located at: CONSTRUCTION OF SAN JUAN (address or descnpbon of p0 soft sun,Oenl For idemaxanonl FOLD HERE r'APISTRANO SPORTS PARK The name of the person or firm who contracted for the purchase of such labor. services, equipment or materials: TONY WANRET CONSTRUCTION NOTICE TO PROPERTY OWNER If bills are not paid In lull for the labor, services, equipment, or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your prop- Owner or PUBLIC AGENCY erty being so improved may be placed against the property even though or Reputed Owner (on public work) You have paid your contractor In full. You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a (on private work) signed release by the person or firm giving you this notice before making payment to your contractor or 12)any other method or device which is appropriate under the circumstances. real The person or firm giving this notice is required.pursuant to a collet CITY OF SAN JUAN CAPISTRANO live bargaining agreement.to pay supplemental fringe benefits into an express trust fund (described in Civil Code§3111), said fund is idem 32400 PASEO ADELANTO tibed as wiows: (strike it inapplicable) /l SAN JUAN CAPISTRANO, CA 92675 NA n+mq ^ � ladaess, FOLD HERE NA lame) laadrala) NA r�r ORIGINAL CONTRACTOR or factional Reputed Contractor is dale: APRIL 4, 1995 i few, PRESIDENT An estimate of the total ilve of the labor. Services, equipment or TONY WANRET CONSTRUCTION materials furnished or to be furnished is: 2480 GRAND AVE. $ 7n , 210- L VISTA, CA 92083 DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20-DAY NOTICE In Accordance With §3097.1(c) and 3098, California Civil Code I.—RONMEe SAYNIR declare: On the 4thday of APRIL 19 95 at 10: 30 a m.. Declarant served the CALIFORNIA PRELIMINARY 20-DAY NOTICE an the interested parties as follows: (Check applicable box.) )My placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United Slates mail at VISTA CA ,addressed as follows: CITY OF SAN JUAN CAPISTRANO, 32400 PASEO ADELANTO, ❑ By delivering a true copy thereof to the parties listed below: SAN JUAN CAPISTRANO, CA 92675 c" - rr V 7 m ❑ By leaving a true copy thereof at the address or place of business with some person in charge,of the parties whose, and a$dres>`ia delivered are listed below: (not to be used on public works) co cy`e I declare under penalty of perjury that the foregoing is true and correct.Executed on IL . 1995 at VISTA, CA waEeons FORM uw.Ra.rob ra,eeeaasa2rt X,5h4rONc'198lWQLCOTtS.4NC faraipEEAsf nae fasf smf) For your aIsislance the following complete to .Section 3097,Section 3097.1 and Section 3098 of the Cab; .Ja Civil Code are hereafter quoted.Should you have any doubt as to the usefulness of this form for your purposes you are urged to consult your own attorney. - § 3097. Preliminary 20-day notice (private work). "Preliminary 20-day Where such notice is required to contain the information set forth in - notice (private work)" means a written notice from a claimant that is given paragraph(6)of subdivision(c),a failure to give such notice,including such prior to the recording of a mechanic's lien and prior to the filing of a stop information, that results in the liling of a lien or the delivery of a stop notice notice, and is required to be given under the following circumstances: by the express trust fund to which such obligation is owing constitutes (a) Written preliminary notice; parties. Except one under direct contract grounds lot the disciplinary action by the Registrar of Contractors against the with the owner or one performing actual labor for wages,or an express trust subcontractor it the amount due such trust fund is not paid. fund described in Section 3111,every person who furnishes labor,service, (t) Construction lender; designation or permit application. Every city. equipment,or material for which a lien otherwise can be claimed under this county, city and county, or other governmental authority issuing building title,or for which a notice to withhold can otherwise be given under this title, permits shall,in its application form for a building permit,provide space and must,as a necessary prerequisite to the validity of any claim of lien,and of a a designation for the applicant to enter the name,branch,designation,if any, notice to withhold,cause to be given to the owner or reputed owner, to the and address of the construction lender and shall keep the information on file original contractor, or reputed contractor, and to the construction lender, if open for public inspection during the regular business hours of the authority. any,or to the reputed construction lender,it any,a written preliminary notice It there is no known construction lender, that fact shall be noted in such as prescribed by this section, designated space. Any failure to indicate the name and address of the con- (b) Construction lender. Except the contractor, or one performing actual struction lender on such application, however, shall not relieve any person labor for wages,or an express trust fund described in Section 3111,all per- from the obligation to give to the construction lender the notice required by sons who have a direct contract with the owner and who furnish labor,ser- this section. vice,equipment,or material for which a lien otherwise can be claimed under (j) Designation of mortgage, dead of trust or ether Instrument securing this title,or for which a notice to withhold can otherwise be given under this loan. A mortgage, deed of trust.or other instrument securing a loan,any of title,roust,as a necessary prerequisite to the validity of any claim of lien,and the proceeds of which may be used for the purpose of constructing improve- of a notice to withhold,cause to be given to the construction lender,it any,or ments on real property, shall bear the designation "Construction Trust to the reputed construction lender, it any, a written preliminary notice as Deed" prominently on its lace and shall state all of the following: (1) the prescribed by this section. name and address of the lender, and the name and address of the owner at (c)Time; content;architect, engineer or surveyor.The preliminary notice the real properly described in the instrument,and (2)a legal description of referred to in subdivisions (a)and (b)shall be given not later than 20 days the real property which secures the loan and,it known,the street address of alter the claimant has first furnished labor,service,equipment,or materials the property.The failure to be so designated or to state any of the information to the jobsite, and shall contain the following Information: required by this subdivision shall not affect the validity of any such mortgage, (1)A general description of the labor,service,equipment,or materials fur- deed of trust,or other instrument. nished,or to be furnished.and it there is a construction lender,he shall be fur- Failure to provide such information on such an instrument when recorded nished with an estimate of the Iota[price thereof in addition to the foregoing. shall not relieve persons required to give preliminary notice under this section (2)The name and address of such person furnishing such labor, service, from such duty, equipment, or materials. The county recorder of the county in which such instrument is recorded (3)The name o1 the person who contracted for purchase of such labor,ser- shalt Indicate in the general index of the official records of the county that vice, equipment, or materials. such instrument secures a construction loan. (4)A description of the jobsite sufficient for identification. (k)Trust fund and lender;supplementary fringe benefits.Every contractor (5)The following statement in boldface type: and subcontractor who is required pursuant to a collective-bargaining agree• men[to pay supplementary fringe benefits into an express trust fund described NOTICE TO PROPERTY OWNER in Section 3111,and who has failed to do so shall cause to be given to such fund and to the construction lender, it any, or to the reputed construction If bills are not paid in full for the labor, services, equipment,or materials lender,if any,not later than the date such payment due to such fund became furnished or to be furnished,a mechanic's lien leading to the loss, through delinquent,a written notice containing: court foreclosure proceedings,of all or part of your properly being so improved (1)The name of the owner and the contractor. may be placed against the property even though you have paid your contrac- (2)A description of the jobsile sufficient for identification. for in lull. You may wish to protect yourself against this consequence by(1) (3)The identity and address of the express trust fund. requiring your contractor to furnish a signed release by the person or firm (4)The Iola]number of straight time and overtime hours on each such job, giving you this notice before making payment to your contractor or (2)any payment for which the contractor or subcontractor is delinquent to the other method or device which is appropriate under the circumstances. express trust. (6)If such notice is given by a subcontractor who is required pursuant to a (5)The amount then past due and owing, collective-bargaining agreement to pay supplemental fringe benefits into an Failure to give such notice shall constitute grounds for disciplinary action express trust fund described in Section 3111,such notice shall also contain by the Registrar of Contractors. the identity and address of such trust fund or funds. (f)Contract;name and address of owner;Information to person seeking to 11 an invoice for such materials contains the information required by this serve notice. Every written contract entered into between a property owner section,a copy of such Invoice,transmitted in the manner prescribed by this and an original contractor shall provide space for the owner to enter his name section shall be sufficient notice. and address of residence;and place of business it any.The original contrac- A certificated architect,registered engineer,or licensed land surveyor who for shall make available the name and address of residence of the owner to has furnished services for The design of Ore work of improvement and who any person seeking to serve notice required by this section. gives a preliminary notice as provided in this section not later than 20 days §3097.1 Proof of service of preliminary 20-day notice,proof of service elft- alter the work of improvement has commenced shall be deemed to have com- davit; receipt. Proof that the preliminary 20-day notice required by Section plied with subdivisions(a)and(b)with respect to architectural,engineering, 3097 was served in accordance with subdivision(f)of Section 3097 shall be or surveying services furnished, or to be furnished. made as follows: (d)Election not to give preliminary notice;subsequent rights.11 labor,ser- vice, equipment, or materials have been lurnished to a jobsite by a person (a)It served by mail,by the proof of service affidavit described in subdivi- who elected not to give a preliminary notice as provided in subdivision(a)or sion(c)of this section accompanied either by the return receipt of certified or (b),such person shall not be precluded from giving a preliminary notice not registered mail,or by a photocopy of the record of delivery and receipt main- later than 20 days after furnishing other labor, service, equipment, or tained by the post office,showing the date of delivery and to whom delivered, materials to the same jobsite. Such person shall, however, be entitled to or, in the event of nondelivery, by the returned envelope itself. claim a lien and a notice to withhold only for such labor,service,equipment, (b)If served by personally delivering the notice to the person to be notified, or material furnished within 20 days prior to the service of such notice,and at or by leaving it at his address or place of business with some person in any time thereafter. charge, by the proof of service affidavit described in subdivision (c). (m)Waiver.Any agreement made or entered into by an owner,whereby the (c)A"proof of service affidavit" is an affidavit of the person making the owner agrees to waive the rights or privileges conferred upon him by this service, showing the time, place and manner of service and facts showing section shall be void and of no effect. that such service was made in accordance with Section 3097.Such affidavit (f) Service. The notice required under this section may be served as shall show the name and address of the person upon whom a copy of the pre- follows: liminary 20-day notice was served,and,it appropriate,the title or capacity in (1)It the person to be notified resides in this state,by delivering the notice which a was served, personally,or by leaving it at his address of residence or place of business with some person in charge, or by first-class registered or certified mail, cipl4inary coon;nary ptiday notice(public work),step Prelim;service;dis- postage prepaid,addressed to the person to whom notice is to be given at his notice ary action; k), stop for express trust fund. "Preliminary claimant residence or place of business address or at the address shown by the notice(public work), o the notice" means a notice notice from a claimant building permit on file with the authority issuing a building permit for the that was given prior to the liling of i stop notice lie public work, and is work, or at an address recorded pursuant to subdivision (j)of this section. required n be given under the following circumstances: (2)It the person to be notified does not reside in this state,by any method (a)m any case at which the law of this state affords a right to i person fur- enumerated In paragraph (i) of this subdivision. If such person cannot be file a s labor or materials for a public work who has not been paid therefor to served by any of such methods,then notice may be given by first-class car- file a slop notice with the public agency concerned, and thereby cause the tified or registered mail, addressed to the construction lender or to the withholding of payment from the contractor for the public work, any such original contractor. person having no direct contractual lbor or wages with the contractor, other than a person who performed actual labor for wages or an express trust fund described in Section 3111, may file such a notice, but no payment shall be (3)When service is made by first-class certified or registered mall,service withheld from any such contractor,pursuant to any such notice,unless such is complete at the time of the deposit of such registered or certified mall. person has caused written notice to be given to such contractor, and the (g)Single notice;additional material, service,labor or equipment.A per- public agency concerned, not later than 20 days after the claimant has first son required by this section to give notice to the owner and to an original con- furnished labor,services,equipment,or materials to the jobsite,stating with tractor,and to a person to whom a notice to withhold may be given,need give substantial accuracy a general description of labor, service, equipment, or only one such notice to owner,and to the original contractor and to the per- materials furnished or to be furnished,and the name of the party to whom the son to whom a notice to withhold may be given with respect to all materials, same was furnished. Such notice shall be served by mailing the same by service,labor, or equipment he furnishes for a work of improvement,which first-class mail, registered mail, or certified mall, postage prepaid, in an means the entire structure or scheme of improvements as a whole,unless the envelope addressed to the contractor at anyplace he maintains an office or same is furnished under contracts with more than one subcontractor, in conducts his business, or his residence, or gy personal service. In case or which event,the notice requirements must be mel with respect to materials, any public works constructed by the Department of Public Works or the services, labor,or equipment furnished to each such contractor. Department of General Services of the state, such notice shall be served by If a notice contains a general description required by subdivision(a)or(b) mailing in the same manner as above,addressed to the office of the disburs- of the materials,services,labor,or equipment furnished to the date of notice, ing officer of the department constructing the work, or by personal service it is not defective because, alter such date, the person giving notice fur- upon such officer.When service is by registered or certified mail,service is nishes materials,services.labor,or equipment not within the scope of such complete at the time of the deposit of the registered or certilied mail, general description. (b)Where the contract price to be paid to any subcontractor on a particular (h) Disciplinary action against contractors and subcontractors.Where the work of improvement exceeds four hundred dollars($400),the failure of that contract price to be paid to any subcontractor on a particular work of contractor, licensed under Chapter 9 (commencing with Section 7000) of improvement exceeds four hundred dollars($400),the failure of that contrac- Division 3 of the Business and Professions Code,to give the notice provided tor,licensed under Chapter 9(commencing with Section 7000)of Division 3 for in this section,constitutes grounds for disciplinary action by the Registrar. of the Business and Professions Code.to give the notice provided for in this of Contractors. section, constitutes grounds for disciplinary action by the Registrar of (c)The notice requirements of this section shall not apply to an express Contractors. trust fund described in Section 3111.