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1974-0325_ROCKPORT CONSTRUCTION CO_Notice of CompletionREGARDI1216 • BK 11108PG 1025 NG . MAIL TO: REQUESTED gy 11d FREE OFFICIAL RECOIiUS OF City of San Juan Capistrano C3 "''"` "' Y CAL..1 Office of the City Clerk APR 1 II 29 AM '74 32400 Paseo Adelanto San Juan Capistrano, CA 92675 J. WYi_I�: CARLYLE COUNiYFECORDER NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the city of San Juan Capistrano, California, to Rockport Construction Company, 31402 Windsong Drive, San Juan Capistrano, California, for doing the following work to wit. Installation of Casitas Capistrano Storm Drain in the city of San Juan Capistrano, has been completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the city of San Juan Capistrano, and that said work was accepted by the City Council of the city of San Juan Capis- trano at a regular meeting thereof held on the 25th day of March, 1974, by Resolution No. 74-3-25-1. That upon said contract the Surety Company of America was surety for the bond given by the said company as required by law. Dated at San Juan Capistrano, California, this 26th day of March, 1974. 'City Clerk of the city of San Jua,h Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, JO BENNITT, the duly qualified City Clerk of the City Council of the city of San Juan Capistrano, California, do hereby certify that under penalty of perjury, the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the office of the County Recorder of Orange County by said City Council. Dated at San Juan Capistrano, Calif ory a, this 2,6th day of March, 1974. City qlerk of the city San JAian Capistrano • CONTRACT AGREEMENP THIS CONTRACT is made and entered into by and between the C111Y OF SAN JUAN CAPISTRANO hereinafter referred to as the OWNER and noulT) R_ SCRUM nsA ROCKPORT CONSTRUCTION COMPANY hereinafter referred to as the CONTRACTOR. 11' IS HEREBY AGREED BE'TW'EEN 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 Con- ditions; (e) Special Conditions; (f) 'Technical Provisions includ- ing the complete set of Plans for the Construction of Casitas Capistrano Storm Drain from Trabuco Creek to Camino Capistrano, Station 0+75.00 to Station 10+07.28; (g) The Contract Agreement; (h) Performance Bond; (i) Labor and D,aterial Bond; (j) duly issued Addenda and all modifications incorporated in the foregoing docu- ments of the Contract Agreement. The foregoing contract docu- ments are hereby incorporated 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 Casitas Capistrano Storm Drain, from Trabuco Creek to Camino Capistrano, Station 0+75.00 to Station 10+07.28 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, 32400 Paseo Adelanto, 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 Specifications. • The foregoing shall be accepted by the CONTRACTOR as full and final compensation for all work done under this contract. CA 1 0 0 • 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 impractic- able 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 specified time, he shall pay to the OWNER, as liquidated damages, ascertain and agreed, and not in the nature of a penalty, One Hundred Dollars ($100) 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 CONTRAC- TOR 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 Calif- ornia, in forms approved by the OWNER. The Performance Bond shall be for an amount not less than one hundred percent (10(Ylo) of the • amount of this Contract, and shall be conditioned on full and com- plete 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, and shall be conditioned upon full payment of all labor and material entering into or incident to the work covered by this Contract. The CONTRACTOR agrees to furnish the bonds on the forms bound within these specifications. 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. General Prevailing Rate of Per Diem Wages. The general prevailing 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 pre- vailing rate of per diem wages set forth in said documents is here - CA 2 incorporated herein and made a part hereof. The CONTRACTOR 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. Eighth. Compliance with Other Provisions 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 stiuplated 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 will be complied with by the CONTRACTOR. These include, but are not limited to, the sti- pulation 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) for each workman employed in the execution of the Con- tract 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 agent(s) of the OWNER, pursuant to Resolution No. and by the CONTRACTOR on the date set before the name of each. Dated: /97j CITY SYF-S,AN 4AN CAPISTRANO n U 0 yor city clerk Dated: UG� Z31 /p/_3 ROCKPORT CONSTRUCTION COMPANY CONTRACTOR Byx�",2�d1 1 CA 3 WOODSIDS/KUNOTA & ASSOCIATES, INC. l NNOINRR Rat 2416 South Birch Street a Santa Ann, California 92707 • Phone: (714) 979-6240 SEPTEMBER 280 1973 MR. H. D. FISH, GENERAL MANAGER THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY 121 EAST SIXTH STREET LOS ANGELES, CALIFORNIA 90014 ATTENTION: MR. W. D. BENTLEY SUBJECT: CASITAS CAPISTRANO STORM DRAIN IN THE CITY OF SAN JUAN CAPISTRANO — YOUR FILE N0. DG -70343 DEAR MR. FISH: ATTACHED ARE THE TWO COPIES OF THE PIPELINE LICENSE SUBMITTED IN YOUR LETTER OF AUGUST 30, 1973. THE LICENSE HAS BEEN DULY APPROVED BY THE CITY COUNCIL AT THEIR MEETING ON SEPTEMBER 11, 1973 AND THE TWO COPIES HAVE BEEN SIGNED AND SEALED BY THE MAYOR. ALSO TRANSMITTED HEREWITH IS A CHECK IN THE AMOUNT OF $150.00 TO COVER THE LICENSE FEE. WE WILL NOT HAVE THE REQUIRED INSURANCE UNTIL A CONTRACT IS LET FOR THE CONSTRUCTION OF THIS PROJECT. IT IS OUR DESIRE TO AWARD A CONTRACT ON OCTOBER g, 1973 SO THAT CONSTRUCTION CAN START AS SOON AS POSSIBLE. WE WILL RECEIVE ALL THE NECESSARY INSURANCE FORMS FROM OUR CONTRACTOR AFTER OCTOBER H. WE WILL SEND THE INSURANCE CERTIFICATES AS SOON AS THEY ARE AVAILABLE SO THAT THE LICENSE WILL BECOME EFFECTIVE. IT WILL BE THE CITY'S DESIRE TO ULTIMATELY OBTAIN AN EASEMENT IN THE NAME OF THE ORANGE COUNTY FLOOD CONTROL DISTRICT, AS OUR AGREEMENT WITH THEM STATES THAT IF WE OBTAIN THE RIGHT OF WAY, THEY WOULD MAIN— TAIN THE LINE. WE WOULD LIKE TO PROCEED ON THIS BASIS AND WOULD APPRECIATE RECEIVING DIRECTIONS FROM YOU ON HOW TO PURSUE " THIS MATTER. WE APPRECIATE YOUR COOPERATION IN THIS MOST IMPORTANT PROJECT. VERY TRULY YOURS, JACK Y. KUBOTA, CITY ENGINEER CITY OF SAN JUAN CAPISTRANO BY GEORGE �E(/ MADSEN PROJECT ROJECT ENGINEER CC: PUBLIC WORKS DIRECTOR JIM B ENNAN In San Diego Co(j> T��JfiK SJC 7324 0 0 WOODSIDE/KUBOTA EI ASSOCIATES, INC. CommucTINO NNOrNlNN1 2416 South Birch Street a Santa Ana, California 92707 a Phone: (714) 979-6240 NOVEMBER 2. 1973 MR. DONALD R. SCHUM ROCKPORT CONSTRUCTION COMPANY 23151 Los ALISOS BOULEVARD #175 MISSION VIEJO, CALIFORNIA SUBJECT: CASITAS CAPISTRANO STORM DRAIN — CONTRACT DEAR MR. SCHUM: ENCLOSED IS YOUR COPY OF THE FULLY EXECUTED CONTRACT FOR THE SUBJECT PROJECT. THE CONTRACT IS DATED OCTOBER 23, 1973. WE HAVE RECEIVED CLEARANCE FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY AS I MENTIONED IN OUR PHONE CONVERSATION ON OCTOBER 31, 1973 AND THE 84.—INCH PIPE IS READY FOR DELIVERY. VERY TRULY YOURSY JACK Y. KUBOTA, CITY ENGINEER CITY OF SNN'JUAN CAPISTR NO GEORGE;E. MADSEN' SENIOR'PROJECT ENGINEER ENCLOSURE CC: PUBLIC WORKS DIRECTOR CITY CLERK JIM BRENNAN JOE LABORDE — ORANGE COUNTY FLOOD CONTROL DISTRICT In San Diego County, Carlsbad SJC 7324