1970-0512_CAPPELLO AND SONS CONSTRUCTION CO_Contract Agreement7
19919 r �K,K 9419PAQ1I.
RECORDED AT REO TSEU CW
CI OF SAN OAN CApI,9TRAP
IN OFFICIAL RECORDS 01
ORANGE COUNTY, CALIF.
FREE v�'M SEP Biu 1970
NOTICE OF COMPLETION C5
1. WYLIE CARLYLE, County Reowder
OSO INTERCEPTOR SEWER
NOTICE IS HEREBY GIVEN that the undersigned City of San Juan
Capistrano, with the address of 32010 Del Obispo Street, San Juan
Capistrano, California, is the owner of the property hereinafter
described, that said owner has caused construction of a 15 -inch
and 12 -inch diameter interceptor sewer and appurtenant works known
as the Oso Interceptor Sewer under Contract entered into May 12,
1970 with Steve Cappello and Sons on which Contract, General In-
surance Company of America is surety.
The property on which such work of improvement was placed is
in the County of Orange, State of California, and as described as:
Extending northerly from Oso Road along Trabuco Creek and north-
westerly along the AT & SF Railroad to the city limits of San Juan
Capistrano.
The work of improvement on said property was accepted on
September 25, 1970.
DATED: September 30, 1970
STATE OF CALIFORNIA)
) as.
COUNTY OF ORANGE )
CITY OF SAN JUAN CAPISTRANO
b y c+°
SidnLj L. Lowry` -1
Sidney L. Lowry, being duly sworn, says that he is the authorized
agent of the City of San Juan Capistrano, that executed the foregoing
Notice as owner of the property therein described; that he makes this
verification on behalf of said City by authorization of the City
Council of owner; that he has read said Notice, knows the contents
thereof, and that the facts therein stated are true.
Subscribed and sworn to before me this 30th day of September,
1970.
cy A. Kleffinan
! '
w,Ci1-fa CFFICL IN
`(,�; ✓ GRANGE COUN17
My Coni m!ssbn Expires April 25. 1912
F-
Nota Public in a d for
said County and State
0
CONTRACT AGREEMENT
THIS CONTRACT is made and entered into by and between the CITY OF SAN
JUAN CAPISTRANO, hereinafter referred to as the 'Owner" and STEVE CAPPELLO
AND SONS CONSTRUCTION CO., hereinafter referred to as the 'Contractor".
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
First. Contract Documents. The complete contract includes all of the
contract documents, to -wit: (a) Notice Inviting Bids; (b) Instructions to
Bidders; (c) Bid Proposal; (d) General Conditions; (e) Special Conditions;
(f) Technical Provisions including the complete set of Plans for the Con-
struction of the Oso Interceptor Sewer; (g) The Contract Agreement; (h)
Performance Bond; (i) Labor and Material Bond; (j) duly issued Addenda and
all modifications incorporated in the foregoing documents before execution
of the Contract Agreement. The foregoing contract documents are hereby in-
corporated by reference and shall be deemed and considered as forming a
part of this Contract Agreement as fully and to the same extent as if it
were copied at length herein.
Second. The Work. The Contractor agrees to furnish all tools, labor,
materials, equipment, transportation, services and supplies necessary to
perform and complete in a good and workmanlike manner the construction of
the work designated as the Oso Interceptor Sewer, in strict conformity with
and in exact accordance with the Plans and Specifications and all other
Contract Documents referred to above, which documents are on file at the
office of the City Clerk, City Hall, 31762 Camino Capistrano, San Juan
Capistrano, California.
Third. Payment. The Owner agrees to pay and the Contractor agrees to
accept the lump sum adjusted for variations of quantities, at the prices
named in the Bid Proposal at the time and manner set forth in the Specifi-
cations.
The foregoing shall be accepted by the Contractor as full and
final compensation for all work done under this contract.
Fourth. Commencement and Completion of the Work. The 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 damage and loss sustained
by the Owner should the Contractor fail to complete the work in the
CA -1
specified time, he shall pay to the Owner, as liquidated damages, ascertained
and agreed, and not in the nature of a penalty, One Hundred Dollars ($100.00)
a day for each day delayed, which shall be deducted from the final amount to
be paid under this Contract; provided that extensions of time with waiver of
liquidated damages may be granted as provided in the Specifications.
Fifth. Performance Bond and Labor and Material Bond. The 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, in forms approved by the
Owner. The Performance Bond shall be for an amount not less than one hundred
percent (100%) of the amount of this Contract, and sha11'be conditioned on
full and complete performance of the Contract, guaranteeing the work against
faulty workmanship and materials for a period of one year after completion
and acceptance. The Labor and Material Bond shall be in an amount not less
than one hundred percent (100%) of the amount of this Contract. The Con-
tractor agrees to furnish the bonds on the forms bound within these specifi-
cations.
Sixth. Insurance. The Contractor agrees to carry Public Liability
Insurance, Property Damage Insurance, and Workmen's Compensation Insurance
in amounts as required by the Specifications.
Seventh. American-made Materials. Only unmanufactured materials pro-
duced in the United States, and only manufactured materials manufactured in
the United States, substantially all from materials produced in the United
States shall be used in the performance of this Contract (with the exception
of materials which are of a class or kind which are not, or which are
manufactured from materials which are not, produced in the United States).
Eighth. General Prevailing Pate of Per Diem Wages. The general pre-
vailing rate of per diem wages and general prevailing rate for holiday and
overtime work in the locality in which the work is to be performed for each
craft, classification, or type of workman needed to execute the Contract,
have been determined by the Owner and are set forth in the Notice Inviting
Bids. The general prevailing rate of per diem wages set forth in said
documents is hereby incorporated herein and made a part hereof. The Con-
tractor agrees that he, or any sub -contractor under him, will pay not less
than the foregoing specified prevailing rates of wages to all workmen
employed in the execution of the Contract.
Ninth. Compliance with Other Previsions of Law Relative to Public
Contracts. The Owner is a public agency in the State of
California and is subject to the provisions of the Government Code and
the Labor Code of that State. It is stipulated and agreed that all pro-
visions of law applicable to public contracts are a part of this Contract
to the same extent as though set forth herein and will be complied with
by the Contractor. These include, but are not limited to, the stipulation
CA -2
STATE OF CALIFORNIA, ,
ss.
COUNTY OF LOS A�i.'IM ;
ON this bRh siY!Wr— , 19440—,
before me, the undersigned, a Notary Public in and for said State, personally appeared
VAIM111 t*A M lr-U& known to me,
? to be one of the partners of the partnership that executed the within Instrument, and acknowl-
edged to me that such partnership executed the same.
,r
WITNESS my hand and official seal.
J
Ndbfry Public in and for slid State. '/`�
•
that eight hours labor constitutes a legal day's work and the Contractor
will, as a penalty to the Owner, forfeit Twenty-five Dollars ($25.00) for
each workman employed in the execution of the Contract by the Contractor
or by any sub -contractor for each calendar day during which such workman
is required or permitted to work more than eight hours in violation of
the provisions of Article Three. Chapter One, Part Seven, Division 2 of
the California Labor Code, except as permitted by law.
IN WITNESS WHEREOF, this Contract is executed by the duly authorized
agents) of the Owner, pursuant to Resolution No. 70-4-13-1, and by the
Contractor on the date set before the name of each.
�
DATED:
DATED: April
CITY OF SAN JUAN CAPISTRANO
(Owner)
BY Ci•
.*Payor
1
'ty Clerk
STEVE CAPPELLO & SONS CONST. CO.
(Contractor)
By i
CA -3
PERFORMANCE BOND MOND ND. e 421711
212CiT ED IN a COONTEHPARTS
KNO14 ALL MEN BY THESE PRESENTS: That
WHEREAS, the CITY OF SAN JUAN CAPISTBANO� OR' COIJVTY
State of California, hereinafter designated as the "Owner", by
Resolution No. 70-4-13-1has awarded to STIiVI CAPPILLO &
(Principal)
SONS CONSTRUCTION CO
as the "Principal", a Contract for the construction of THE OSO . INTER -
CFP -T01' SEIVER
for the Owner; and
WHEREAS, said Principal is required under the terms of said
contract to furnish a bond for the faithful performance of said
contract;
NOVI, THEREFORE, we the PRINCIPAL, and c.,-., - bort or-
as Surety, are held and firmly bound unto the Owner in the penal
sum of ONE IIUNDRP'D THI4TY-RIGHT THOUSANDSEVLN 11U'CD11ED THI?ITY and No/10
DOLLARS ($ 138„750.4, lawful money of the United States for the
payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said
Principal, his or its heirs, executors, administrators, successors
or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements
in said contract and any alteration thereof made as therein provided,
on his or their part, to be kept and performed at the time and in
the manner therein specified and in all respects according to their
true intent and meaning; shall guarantee all work required under the
said contract against faulty materials or poor workmanship during
the construction period and for one year after the date of completion
and acceptance of the work under said contract; and shall indemnify
and save harmless the Owner, its officers and agents as therein
stipulated, then this obligation shall become null and void; otherwise
it shall be and remain in full force and virture. The Surety further
agrees to pay reasonable attorneys fees of Owner (as fixed by the
Court) in any proceeding by said Owner to enforce this bond.
PB -1
STATE OF CALIFORNIA,
ss.
COUNTY OF 10't 7
ON tihis sth fty of O ► 1919L,
before me, the undersigned, a Notary Public in and for said State, personally appeared
�iL'!�s CAi!/LL known to me,
to be one of the partners of the partnership that executed the within Instrument, and acknowl-
edged to me that such partnership executed the same.
WITNESS my hand and official seal
ACKNOVAEDOMENT—Potmrship Wolcotts Form 736—Rev. }W
ACKNOWLEDGMENT BY SURETY
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
No' Public in and for said Stale. T
On this Si day of IZ 1ift, before me per-
sonally appeared , known to me to be the attorney-in-fact
of General Insurance Company of America, the corporation that executed the within instrument, and ac-
knowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in
the aforesaid County, the day and year in this certificate first above written.
s
"n I, Notary Public in the State of California
iy County of Los Angeles
(Seal) 3l
5-760 RI 7/664,_i- -. .;'�, '. C..i:`. ECu_7
N
0 0
And the Surety, for value received, hereby stipulates and agrees
that, no change, extension of time, alteration or addition to the
terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any wise affect its
obligations on this bond and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the
contract or to the work or to the specification.
IN WITNESS [,TfiEREOF, the above bounden parties have executed
this instrument under their seals this 5th day of May
196 7Q the name and corporate seal of each corporate party being
hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
APPROVED AS TO FORM:
Attorney for Owner
j Principal n
Surety _
sy
(Attach Acknowledgement)
NOTE: The principal amount of this bond shall be not less than
100% of the total contract price.
IM
LABOR AND MATERIAL BOND 20M8 Xb,s 422Tll I
No
10OW ALL MEN BY THESE PRESENTS: That Mun A
WHEREAS, the
STATE OF CALIFORNIMIMANaAff,
Resolution No. has awarded to
CORDTIMW14M up
hereinafter designated as the "Principal", a contract for the con-
struction of
TO On
for the Owner; and
WHEREAS, said Principal is required to furnish a bond in connection
with said contract, providing that if said Principal, or any of his
sub -contractors, shall fail to pay for any materials, provisions, pro-
vender or other supplies or teams used in, upon, for or about the
performance of the work contracted to be done, or for amounts due under
the Unemployment Insurance Code of California, or for any work or
labor done thereon of any kind, the Surety in this bond will pay the
same to the extent hereinafter set forth:
NOW, THEREFORE, we the Principal and
as Surety, are held and firmly bound unto the Owner in the penal sum
of
nOT.T.a� (MMMMURS X01100
payment of w]347#jl4ftil and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, or assigns jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal,
his or its heirs, executors, administrators, successors, or assigns,
shall fail to pay for any materials, provisions, provender or other
supplies or teams used in, upon or about the performance of the work
contracted to be done, or for amounts due under the Unemployment
Insurance Code of California, or for any labor thereon of any kind,
as required by the provisions of an act of the Legislature of the
State of California entitled "An act to secure the payment of claims
of persons employed by contractors upon public works, and the claim
of persons who furnish materials, supplies, teams, implements or,
L&MB-1
STATE OF CALIFORNIA,
1 ss.
COUNTY OF )iANJliffMS
ON thia fth day of Yu►
before me, the undersigned, a Notary Public in and for said State, personally appeared
;j ■ALM 'APPZLW , known to me,
to be one of the partners of the partnership that executed the within Instrument, and acknowl-
edged to me that such partnership executed the same.
WITNESS my hand and official seal.
No/y Public a Ald State. `J"tel
ACKNOWLEDGMENT BY SURETY
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On this day of W? , 1"0 , before me per-
sonally appeared known to me to be the attorney-in-fact
of General Insurance Company of America, the corporation that executed the within instrument, and ac-
knowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in
the aforesaid County, the day and year in this certificate first above written.
' Notary Public in the State of California
County of Los Angeles
(Seal) :... -- ...,
443 - -,n ci.5, Cni�t. 9�f129
5-760 RI 7/66 - �
machinery used or consumed by such contractors in the performance of
such work, and prescribing the duties of certain officers with respect
thereto", approved Hay 10, 1919, as amended, provided that the persons,
companies, or corporations so furnishing said materials, provisions,
provender, or other supplies, teams appliances or power used in, upon,
for or about the performance of the work contracted to be executed or
performed, or any person, company, or corporation renting or hiring
teaas or implements or machinery or power for or contributing to said
work to be done, or any person who performs work or labor upon the same
or any person who supplies both work and materials therefor, shall have
complied with the provisions of said Act, then said Surety will pay
the same in or to an amount not exceeding the amount hereinabove set
forth, and also will pay in case suit is brought upon this bond, such
reasonable attorney's fee as shall be fixed by the Court.
This bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Section
1192.1 of the California Code of Civil Procedure, so as to give a
right of action to them or their assigns in any suit brought upon
this bond.
And the Surety, for value received, hereby stipulates and agrees
that, no change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder, or
the specifications accompanying the same, shall in any wise affect
its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms
of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, the above bounded parties have executed
this instrument under their seals this pday ofp�,
196 the name and corporate seal of ea r orate a be n
affil hereto, and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Principal
Q�
By �
Surety
(Attach Ac ow edgement)
E' F;'10T
APPROVED AS TO FORM:
Attorney for Owner
NOTE: The principal amount of this bond shall not be less than
100% of the total contract price.
L&MB-2
Form recommended and • Public Work
supplied by EGCA
AND
This notice is given as required in California Code of Civil
Procedure as amended by the 1967 California Legislature,
PRELIMINARY NOTICE
(Section 4210 of California Government Code.)
(name of original contractor)
(General or PrimeiContraopr,
Y / J of public agency)
You are herebbby notified that the undersigned has furnished within 20 days last past or will furnish hereafter:
(general but sub tially accurate description of labor, services, equipment, or terials furnished or to be furnished to the jobsite)
for the building, structure or other work of improvement consisting of:
(general nature and location �en,dentification)
The name of the party to whom said labor, services, equipment or materials were furnished or are to be furnished is:
(signature)
(name of person or firm furnishing labor, service, equipment or materials)
(title)
it address) /
� __- 9-74
(city) ate) zip code)
This Notice is Sent Pursuant to Section 4210 of the California Government Code.
(It may also be utilized to send to Bonding Companies pursuant to Section 4209.)
PUBLIC AGENCY COPY
• PHONE 483.4681
Steve Cappello and Sona Construction Company
PIPELINE CONTRACTORS
26811 LARIAT CIRCLE ♦ SAN JUAN CAPISTRANO ♦ CALIFORNIA 92675
May 6. 1970
The Atchisonp Topeka and Santa Pe
Railway Company
1170 West 3rd Street
San Dernardinop California 92410
ATTENTION$ Ur. B. S. BRISCOEg. Superintendent
Re.$ Construction of
OSO CRREK SEWER LINT within
a portion of your right of way
in the vicinity of mile post 196
near Galivan*
YOUR LETTER$ 4/30/1970 0.43080
Conforming with the adviee of your Mr. R.C.Sobults,
Office Snglueer# we are enclosing, the following documents$
2 oopies of the SAVE HARMIXSS LETTER AGREMWNT sxeouted
as required and
2 oopies of the SURETY BONDg properly executed.
The Certificate of Insurance will be mailed to you
separately by the EUPLOY8RS (ASSURANCE OF VAUSAUv Loa
Angeles Office, directly.
Sincerely you m