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