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1971-0930_A.G. TUTOR COMPANY_Contract Recording Requested by; A City of -San Juan Capistrano , L9276 = `� I025J0F"u 60 AM Please return to; c LC2 -- ' RECORiED IN OFFICIAL RECORDS City Clerk 32400 Paseo 'Adelanto aOF ORvOa COUNTY, CALIFORNIA San Juan Capistrano, NOTICE OF COMPLETION 9101 A,W JUL 31 1972 Ca, 92675 1,WYLIE CARLYLE,County ile=rdor NOTICE IS HEREBY GIVEN that the undersigned CITY OF SAN JUAN CAPISTRANO, with the address of 32400 Paseo Adelanto, San Juan Capistrano, California, is the owner of or the holder of easements across the property hereinafter described; that said owner has caused construction of an out- fall sewer under Contract entered into September 30, 1971 with A. G. Tutor Company, Inc. , on which contract, Aetna Casualty and Surety Company is surety. The property on which such work improvement was placed is in the County of Orange, State of California, and described as : Water Pollution Control Facility Modifications , Schedule No. 2, Outfall Sewer originating at the water pollution control facility site, extending westerly along Del Obispo Street, and terminating in the Doheny Beach State Park. The work of improvement on said property was accepted on the 24th day of July, 1972. DATED: July 24, 1972 CITY OF SAN JUAN CAPISTRANO By: --,3 c:�2 T J . Meadows STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) T. J. Meadows , 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 the 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 J day of _0/ , 1972. OFFICIAL S ::AL No ary Public in and for said MELVIN A. IC OKER : County and State NOTARY PUBLIC CALIFORNIA ORANGE COUNTY e M /Y ✓G�h� My Commission Expires April 12, 1975 16256E 61 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I , WANDA E. ANDERSEN, City Clerk of the City of San Juan Capistrano, California, do hereby certify that the attached instrument was duly approved and accepted at a regular meeting of the City Council of the City of San Juan. Capistrano held on the ce3�&,day of 1972. Wanda E. Andersen, City Clerk City of San Juan Capistrano CONTRACT AGREEMENT THIS CONTRACT is made and entered into by and between the City of San Juan Capistrano, California, hereinafter referred to as the 'Owner" and A. G. Tutor Company, Inc. , hereinafter referred to as the "Con- tractor." 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 Con- ditions; (e) Special Provisions; (f) Technical Provisions, including the complete set of Plans for the Water Pollution Control Facility Modifi- cations; (g) the Contract Agreement; (h) Performance Bond; (i) Labor and Material Bond; (j) Duly issued Addenda and all modifications incorporated in the foregoing contract documents before execution of the Contract Agreement. The foregoing 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 the Water Pollution Control Facility Modification, Schedule No. 2, 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 of San Juan Capistrano, California. Third. Payment. The Owner agrees to pay and the Contractor agrees to accept the lump sum amount adjusted for variation 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. Fourth. Commencement and Completion of the Work. The Contractor agrees to begin and complete the work within the time specified in these Specifications. 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 on time. There- fore, if the Contractor shall fail to complete the work in the 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 for each schedule, which shall be deducted from the final amount to be paid under this Contract; provided that ex- tensions 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 Con- tractor 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 (100%) of the amount of this Contract, and shall be conditioned on full and complete performance of the Con- tract, 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 conditioned upon full payment of all labor and material entering into or incident to the work covered by this Contract. Sixth. Insurance. The Contractor agrees to carry Public Liability Insurance, Property Damage Insurance, Workmen's Compensation Insurance, Fire Insurance and Contractor's Protective Insurance in amounts as re- quired by the Specifications. Seventh. General Prevailing Rate of Per Diem Wages. The general prevailing rate of per diem wages and the 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 wokman needed to execute the Contract, have been determined by the Owner 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 subcontractor 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 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 will be complied with by 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 Owner forfeit Twenty-five Dollars ($25.00) for each workman em- ployed in the execution of the Contract by the Contractor or by any sub- contractor for each calendar day during which such workman is required or permitted to work more than eight hours in any one calendar day and forth hours in any one calendar week in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2 of the California Labor Code, except as permitted by law. CA-2 1 • 0 IN WITNESS WHEREOF, this Contract is executed by the City of San Juan Capistrano pursuant to Resolution No. 71-930-2 and by the Con- tractor on the date set before the name of each. DATED: /;; - .Z 7- 7 CITY OF SAN JUAN C RANO BY DATED: —p , A. G. TUTOR COMPANY, INC. By CA-3 PERFORMANCE BOND Bond No. 33SB1O562BC KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, City of San Juan Capistrano, County of Orange, State of California, by Resolution No. 71-930-2 has awarded to A . G. T+rtor Com�an� Inc._ as the "PRINCIPAL," a Contract for the Water Pollution Control Facility Modifications. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; NOW, THEREFORE, we the PRINCIPAL, and Aetna Casunl.tY Pr. Surnty Cornyvtny as Surety, are held and firmly bound unto the City of San Juan Capistrano in the penal sum of ONE HUNDRED SEVENTY-FOug THn q w) NTNR unnrncrn eNn NO/100 DOLLARS ($ 174„900.00 ) 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 CONDITIONS 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 altera- tion 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 City of San Juan Capistrano, 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 virtue. The Surety further agrees to pay reasonable attorney fees of the City of San Juan Capistrano (as fixed by the Court) in any proceeding by said District to enfore 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 specifica- tions 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. PB-1 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this lR th day of October , 19__71 , 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. A. G. Tutor Conpany, Inc. Principal By c e— ?i p a�dZen Aetna Casualty Rc Surety Company Surety 1 By 1� t William J.. Probe s Attorney in Fact APPROVED AS TO FORM: City Attorney NOTE: The principal amount of this bond shall be not less than 100% of the total contract price. v PB-2 STATE OF CALIFORNIA .............................................,......................................... St. County o .:.�ili��+.?.:...:..,3i: �!rtll�.__. f •• On this ..........VM October ... in rhe year _....................... day at ............... ....................................._..._............._. y one thousand nine hundred and .Se_VP,I1t OIl© before me. ---- - - - .. a Notary Public ...........................................................1......................................................-. , in and for the County of __.... .Q�.fy�J.(L�}{;S,..y. .fjfP.LLP.�2..........__........ State of California, residing therein, duly commissioned and sworn, personally appeared ....................................... ---- - � A'iTOliiVEF IN FACT _. known t0 me to be the ..........................................."..........._..........................................................._.... of The .Etna Casualty and Surety Company, the corporation that executed the within instru- ment,and also known to me to be the person._. who executed it on behalf of said corporation therein named, and ....he..., acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, ! have hereunto set my hand an affix d my official seal at my office in the County of ------------- the I ............................................._...._._..._....... ..._�.....� the day and year in this certificate fir x1 bove written. ................... .. .. ..11l.[...../...0 !. Notary Public in and for the County of .....................� .A (B-1297-0) State of California. LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, County of Orange, State of California, by Resolution No. 71-930-2 , has awarded to A . G. Tutor CorinanyE, Inc. hereinafter designated as the "PRINCIPAL",. a contract for Water Pollution Control Facility Modifications; and WHEREAS, said principal is requited to furnish a bond in tonncc- tion with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, pro- visions, 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 on this bond will pay the same to the extent hereinafter set forth; NOW, THEREFORE, we the Principal and Aetna Casualty fc Suroty ¢o. as Surety, are held and firmly bound unto the City of San Juan Capistrano in the penal sum of EIGHTY- EV 1I THOUSAND ro R HUNDRED FIFTY DOLLARS ($ 87.450.00 ) lawful money of the United States, for the pay- ment of which sum well 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 ins upon or about the performance of the work contracted to be done or for any labor thereon of any kind, as re- quired by the provisions of an act of the Legislature of the State of California entltled "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, 1919, as amended, and 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 teams 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 provi.^•ions of said Act, then Surety shall pay the same in or to a;. amount not ecce dog the amount hereinabove set forth, and will also pay in case si•it is brought upon this bond, such reasonable attorney's fee, as shall be fixed by the Court, awarded and taxed as in ',Tie above mentioned Statute provided. L&MB-1 I This bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims under said Act, 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 18th day of October , 1971 , 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. A . G. Tutor Company, Inc. _ Principal By Aetna Casualt,T £c Surety fompany Surety By William J. Probe s Attorney in Fact APPROVED AS TO FORM: City Attorney NOTE: The principal amount of this bond shall be not less than 50% of the total contract price. L&MB-2 STATE OF CALIFORNIA .................................................................................. is. County at On this .........i�Y!i............... day at ......... )c.t.0. r—.......................................... in the year one thousand nine hundred and ... ......................................................... before me, ......................................Adi7iell.nE-,....L----- ........................... a Notary Public ..................... ... in and for the County of .................... -............. - -------............... Slate at California, residing therein, duly commissioned and sworn, personally appeared ....................................... ........................................ .......*... ..... ......................*..............*......... knownto me to be the ......I.........A— ...FAQT...................................................... of The 'Etna Casualty and Surety Company, the corporation that executed the within initru- turns,and also known to me to be the person.... who executed it on behalf of said corporation therein named, and ....be.... 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 ................................................................... County the day and year in this certificate first bout written. .................G-!.'%Z ' Notary Public in and for the County of ...............................-.................---------- ........... (8-1292-C) State at California. ' Gc>�G`+�cc�rle a �i26irruc j __ l LIFE&CASUALTY ® The .4Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford, Connecticut To CITY OF SAN JUAN CAPISTRANO Date OCTOBER 190 1971 COUNTY OF ORANGE STATE OF CALIFORNIA Gentlemen: This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force _ in the Company indicated above by O, as follows: 91605 _ Name of insured A. G. TUTOR COMPANY, INC., 13257 SATICOY STREET; NORTH HOLLYWOOD, CALIFORNIA - Covering CONTRACT FOR THE WATER POLLUTION CONTROL FACILITY MODIFICATIONS - RESOLUTION NO. 71-930-2 KIND OF INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION Each Person Each Occurrence Aggregate Workmen's Compensation 33 CK Manufacturers' &Contractors' 9v;A4 rPA 411171 411112 Bodily Injury Liability $ 000 $ 000 Property Damage Liability $ 000 $ 1000 Owners' or Contractors' Protective Bodily Injury Liability $ 000 $ 000 Property Damage Liability $ 000 $ 000 Comprehensive Automobile SINGLE LIMIT 33 AL Bodily Injury Liability $ 300 ,000 XXXXXKXXXM 86638 CMA 1/1/71 1/1/12 Property Damage Liability $ 000 Comprehensive General Bodily Injury Liability $ 000 $ 000 $ 000 Property Damage Liability $ 000 $ 000 Bodily Injury Liability $ 000 $ 1000 $ 1000 Property Damage Liability $ 1000 $ 1000 In event of cancellation, written notice will be given to the party to whom this certitluta is addressed. B Auttirized Representative (00'27) GLASSICK 6 MCGEE CO. (�eficate of JwguraneISSUEDON -_H r u . 1 .. .. to 1t�U4j fil J '. i: .a � .. - �, .... a. t'J� i �:� 1i":' _.