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1965-1230_WEARDCO CONSTRUCTION COMPANY_ContractLEGAL NOTICES located, the 25th day of May, 1964; that the prcl, 'y herein above referred, �" r, „!rP.'- aid.:pO641 i sk t((te1C. i it{ip { •{Ldl ""NO( Ct M "IS HEREBY GIV- MV Ols'f the City of San Juan **trauio, '(range . County, %liferals, has caused a Public 6*ravemen.� it* wit: •%he ecogtruotion of a Water r4ution control racluty" ro be eoiiArunted Upon the 1 $:.?enaf;naoter daserlb Id. .he-oenkeade. for furrtW*W Of an We r' the SaLhiipi.Tn- and e+deeomlbbiY� 1s and ,vom*_was made 10910 Sb0ebvL er Ave., Santa. -Fe . CVXforH6 on the Both i. •of 3066etnber, Iis" and Slot recalid lu the Mie of . ' Clark of the OKY of Juan cap ; that the I& up* Bald pulAc' improve - 4 7wbs sotu&W completed os 27th,, day of Decamber I, O.Od )b%4 -.00, rm06034 en - ser A'ss neoe c the M P*that'h6 SAW Pq4e and OkA41d a "f1nYl;4l91R40tion 01 ineter)a14-Ai( d and In- a donArudtlon, laOW26tlon oomVWfton" of Said public "em,me hereinabove mora WR- '' .' "f f t_on of ,the Rancho Boca De La Playa, in the County of Orange, State of Califorria, as per map re- clorded June 29, 1SS7 in Book 4, Pages 11S and 119 of Pat- entsin the Office of the County Re rd" of Los An- geles County. Californ a, de- scribed as follows: B.eigi^n`ng at the intersec- tion of the Southeasterly line of Del Obispo Street, 80.00 feet wide, formerly bLciK.nley Amenue, as described in a deed to the County of Orange ,recorded on April 14, 1926 in Book 636, page 363 of Deeds, with a line parallel with and distloot Southwesterly 500.00. feet, measured at right angles, - from the center line of Vidboria Avenue as describ- ed in deed to the County Of orange, recorded on May 159 1918 in Book 324, page 42 of Deeds, said centerline being: the Southerly line of th,01 Pryor Homestead as describ ed in the Decree recorded in Hoole 7, page 31 of Home- steads in the Office of the county Recorder of Los An- gels 'County: thence South 88° 54' 35" East 408.05 feet to the True Point of Begin. nsng; Continuing thence South 68° 54' 351 East 351.91 feat to the Westerly 1 n of the Orange County Flood Con- trol •Ddatrict Right of WaY6 said Right of Way being 250.00 feet nn width; thence South 10-'41 12" West along said Westerly line 178.11 feet to an angle point therein; thence South 10° 43' 50" West 23.28 feet to an angle point there- in; thence South 17° 55' 58' West 252.66 feet, to a point on the Southwesterly line that parcel of land from the Union Oil coxa of California to the Point Sanitary District r oorded in Book 4317, page 1 Of Official Records of u• Orange_ County, said point and ing North 680 54' 35' W 32.20 fest from the " corner thbteof; thence ing the `shove mend. westerly � MR - 35" West 404.06 het; th - Npzlth, 21° 5' 25' East 40- to the True Point a! iteat 1i✓E3MVING therefnotn of EASEb11ENT over the No W . AbOve easterly 20.00 feet. t?a4 the NAME? OF SURETY oa C;, • : ober and Material Bond 1, oto to Maryland Casualty W of DATED this 27th day 0'e4 fol- Deoemiber, 1965. it Olins ciTY OF OR is tee SAN JUAN CAPISrM By s/ DON DURNFO t that, it Mayor of thhe City of 04 with San Juan Capistrano s/ ERNEST A. THOM'M City clerk of the. City San Juan Capistrano ~ Published in the Coastline 1 patch, San Juan calestm 0 AFFIDAVIT OF PUBLICATION SPATE Or CAL1rORNfA COUNTY OF ORANGE KARL WRAY of said 'County and State. being duly sworn, deposes and says: That he is and at all times herein mentioned was a citizen of the United States, and over the age of twenty-one years, and not a party to nor in any way interested in the matter set forth herein; That he is, and at all times mentioned herein, was, the co-owner, co -publisher, and the sprinter in charge of all legal advertising, of the COASTLINE DISPATCH, which is a weekly newspaper of general circulation, printed, published and circulated in San Juan Township, County of Orange, State of California; that said paper is published for the dtaseuunation of local and telegraphic news and intelligence of a general character, and has a bona fide subscription list of pay- ing subscribers, and said paper has been printed and published in the said San Ju. n Township, County of Orange, State of California, for at least one year before the publication of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertaintnent of any particular class, profession, trade, calling, or denomination, or any number thereof. That the .... N.a.t.i.c.e....af:.._cample.ti.an... b.i.................... puali.a... imp r.y ements....aril...pr o.rk...--............_................... of which the annexed is a printed copy, was published in said news- paperat least -------Q- -0 e .................................... _............................................. commencing from the .....29thday December ......................... 39._6.5, and ending on the ...... 29.th..... day of A)e.C.eMb-e .............. 19..,6.5 both days inclusive, and as often during said period and times of publication as said newspaper was regularly issued, and in the regular and entire issue of said newspaper proper, and not in a supplement; and said notice was published therein on the following dates, to -wit: .......... D.e.aam her. ... 29 .... 9.6.5. ... ............. ........... _..................................... Subscribed and sworn to before me this ......30th.._, day of December 19 65 Notary Public in and for the County of Orange, State of California (SEAL) My Commission expires ._101.9.&7 ..... _....... .. SY'om COASTLUM DISPATCH San ovusn CA&tnsno, CAWSMta .f • ! • CONTRACT AGREEMENT THIS CONTRACT is made and entered into by and between the CITY OF SAN JUAN CAPISTRAIIO, hereinafter referred to as the "City", and Weardco Construction Corp. , 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 Sealed Proposals or 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 Construction of Water Pollution Control Facility i (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 forego- ing contract documents 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 the work designated as City of San Juan Capistrano Water Pollution cnn rami Facility in strict conformity with, and in exact accordance with, the Plans and Speci= fications and all other Contract Documents referred to above, which documents are on file at the Office of the City Clerk, City Hall, San Juan Capistrano, California. Third. Payment. The City agrees to pay and the Contractor agrees to accept the lump sum amount adjusted for variation of quantities, at the prices named in Item One (I) of 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. Fourth. Commencement and Completion of the Work. The Contractor agrees to begin and complete the work within the time specified in the Subsection SC -07. It is agreed that it would be impracticable and ei:tremely difficult to fix the actual amount of damage and loss sustained by the ^.ity should the Contractor fail to complete the work on time. Therefore, if the Contractor shall fail to complete the work in the specified time, he shall pay to the City, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, Fifty Dollars ($50.00) 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. CA -1 • Fifth. Performance Bond and Labor and Material Bond. The Contractor agrees to furnish bonds guaranteeing the performance of this Contract and guaranteeing payment for all labor and material used under this Contract, as required by the laws of the State of California, in forms approved by the City. The Performance Bond shall be for an amount not less than one 'hundred percent (ICO) 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 year after completion and acceptance. The Labor and Material Bond shall be in an amount not less than fifty percent (50%) of the amount of this Contract, and shall be con- ditioned upon full payment of all labor and material entering into or inci- dent to the work covered by this Contract. 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 (faith 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 Prevailinc, Rate of Per Diem W41es. The general pre- vailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the wort: is to be performed for each craft, classification, or type of workman needed to execute the Contract, have been determined by the City and are set forth in the Notice Inviting Sealed Proposals or Bids. The general prevailing rate of per diem wages set forth in said documents is hereby 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 workman employed in the execution of the Contract. Ninth. Compliance with Other Provisions of Lat7 Pelative to Public Contracts. The City is a municipal corporation 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 provisions of law applicable to public contracts are a part of this Contract to the same ex- tent as though set forth herein and will be complied with by the Contractor. These include, but are not limited to, the stipulation that eight hours labor constitutes a legal day's work and the Contractor will, as a penalty to the City, 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 Sev-,n, Division 2 of the California Labor Code, except as permitted by law. CA -2 0 0 • IN WITNESS V EREOF, this Contract is executed by -12 - the City, pursuant to Resolution No.� d by the Contractor on the date set before the name of each. DATED: DATED: / Z - 3-) " G et APPROVED AS TO FORM: � 'kjBy 4 City Administrator P.'f Oz O e- c, Cs-, S.4 . Co az Pf (Contractor) By C— CA-3 • PERFORMANCE BOND MOW ZiLL IRM'N BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano,Orange County,State of California. by Resolution No. , has award to 1,6 11111 pCo Conrs"I-ieL)2K. C`aR as the "PRINCIPAL" a Contract for the constructing of WA TE ({ Ian L t'iio M Cao s 1 Re L /=ACYL Ty for the City of San Juan Capistrano; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; NOW, THEREFORE, we the PRINCIPIL, and A"ARVZ,4ANI� C'gs&,ALTj/ co,'"as Surety, are Keld and firmly bound unto the City of Stn Juan Capistrano in the penal sum of FIYf- fiu.ve RF F4 aTy 7HaP_Y19WD E/GHTNuNb,?&D Nitij%yTHrPFEAuol;; eaDOLLARS ($2g� , 8F. QQ ), lawtut money of the United States for the payment of rahic 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 cove- nants, 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 Ue date of completion and accept- ance of the work under said contract; and shall indemnify and save harmless the City of Sen Juan Capistrano, its offers and agents as therein stipulated, then this obligation shall become null and void; ntherWise it shall be and remain in full force and virtue. The Surety further agrees to pay reasonable attorney's fees (as fixed by the Court) in any proceeding by City of Sari Juan Capistrano to enforce 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 specification. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this;. 07�y ._day of p �CF_MFjFR 196AIL, the name and corporate seal of each corporate party being hereto affixed M1 STATE OF CALIFORNIA COUNTY OF.LOS ANGELES On this.. ..... .30th ......_] ss. day of ............ December 1964 Elizabeth C. Volland , before , a notary public in and for the State of California with principal office in the County of...........r'Dm Anjelea residing ........................ ... therein, duly commissioned and sworn, personally appeared ..,..Robert N. Andrews known to me to be the attorney-in-fact of the MARYLAND CASUALTY COMPANY that executed the within instru- ment, and acknowledged 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. 9 EB at c�2e C AL�'riunci ,Y �n yt NC}NRY V.0 Cr.uv �N1A [SEAL] 42098. Ed. 7.63. T ___________________________________________________ Notaryyublic in and for the State principal office in the County of... < My Commission Expires ...... L /: with i . C • • • 0 0 and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. APPROVED AS TO FORM: it Attorney APPROVED: City Admin strator a WCOR Principal �l'IfJ.��I�D Cf}Suf�L /� C'oM�ist/V y By ZrSurety�f��/�) + i/. (Attach Acknowledgment) Pll7T RN,Fy _ /N - osge % ME • LABOR AND MATERIAL BOND KNOW ALL 1211 BY MESE PRESENTS: That MIERE:S, T.ie City of San Juan Capistrano,Orange County,State of California by Resolution No, , has award to LQ4Ze , hereinafter designated as the "PRINCIPAL", a contract for constructing W,,1_-J2R �`oLLul.ani (6A)T/2ejt, F4ci6?L the City of San Juan Capistrano; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or env of his 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 amounts due under the Unemployment Insurance Code of California, or for any wort: or labor done thereon of any kind, the Surety in this bond will pay the same to the extent herein- after set forth; NOW, THEREFORE, we the PRINCIPAL and &1?,t2Y1_19/VD C4CO,4LTy Cnm�/ as Surety, are held and firmly bound unto the City of San Juan Capistrano in the penal sum of7Qf/odLmF1S0sek"- 7A_Jk5aND FvvR f}un�OREO FR% S0 DOLLARS 0%,2 70, 5 ,_S',o ) lawful money of the Unite States, for the payment of nich sum welt. and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns • jointly and severally, firmly by these presents. • THE COND.`ITION OF THIS OBLIC.PiTION IS SUCH, that if said Principal, liis 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 machinery used or consumed by such contractors in the performance of such work, and prescribing the duties of certain officers with respect thereto", approved May 10, IM, as amended, provided that the persons, companies, or corporations so furnishing said materials, provisions, pro- vender, 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 rentin or hiring teams or implements or machinery or power for or contributing to said work to be done, or any persons 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 enceeding 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. L&MB-1 STATE OF CALIFORNIA COUNTY OF.-LOS...kN.G.Ess. .LES ....... I . .... .......... .... I On this . . ...... .... 30th ...................... day of.. .......... PAPAmbor . ........... ... ....... 1964 ............ before me,................................... ................ ....... I ............................. ........ __ ........ Elizabeth .... C.....V_cT!i­n.!.I­ ...... ...... a notary public in and for the State of California with principal office in the County of ....... Loa..Anga.les................................... residing therein, duly commissioned and sworn, personally appeared ... _ ....... R.O.bert .... N.....Andrews known to me to be the attorney-in-fact of the MARYLAND CASUALTY COMPANY that executed the within instru- ment, and acknowledged 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. e, _4 13�17n a C. 0 lic i tiia N of California, with Notary Znn and for State N-, 1N 'C"ONTY _1 principal office in the County of��,..'. [SEAL] My Commission Expires... 42098. Ed. 7.63. T • 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 accompanyin- 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 -bounden parties have executed this instru- ment under their seals thisso-71 day of /)ECr_19BE2 1954, 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. UJeARDco C6tj-MeyC / j(w 4Ne� P By • f/ `1 yGAlvb (AgL TV f Ompi4Ny Surety�j- (Attach Ackno*.+?edgment) APPROVED: Ito ?/v r 4 - M - %AcT /Jfl/J City Administrator APPROVED AS TO FOPs2: 7 City Attorney The principal amount of this bond shall be not less than 50% of the total contract price. 0