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1964-1230_R.L. THIBODO CONSTRUCTION CO_Contract • CONTRACT AGREEMENT THIS CONTRACT is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as the "City", and R. L. Thibodo Construction Co , hereinafter referred to as the "Contractor". Inc. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOVIS: 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 a Land Outfall 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 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 gcod and workmanlike manner the construction of the work designated as City of San Juan Capistrano Land Outfall Sewer 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. P�Ymen_. The City agrees to pay and the Contractor agrees to accept the lump su:n amount adjusted for variation of quantities, at the prices nemed in the Base Bid of the Bid Proposal at the time and manner set forth ir. the Specifications. The Base Bid includes Items 1, 2a, 3a, 4a, 5 through 13. The foregoing shall be accepted by the Contractor as full and final comnensation 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 extremely 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 f • 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 (ICC 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 (50l.) 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 (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 ^ate of Per Diem Wares. The general pre- vailing rate cf per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed "or 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 Law Relative 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 Twcnty-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 • IN WITNESS WHEREOF, this Contract is executed by1 �the City, pursuant to Resolution No. ,and by the Contractor on the �date seset before the name of each. DATED: m �g=r—� 9� CITY OF 17 N IS NO - Mayor\ By 6i2� City Adninistrator DATED: ,JCC. 30, /9(0f L.T�.�� avf �•' f�vC, —� (Contract-or) APPROVED AS TO FOP14: C ty Attorney • CA-3 • LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, The City of San Juan Capistrano,Oran e County,^u tate pf liforni: by Resolution No. by_j�-,z./, has award to / . L, 7 �ar�v �e'ws7 -C hereinafter desi nated as the "PRINCIPAL", a contract for constructing Zd / mat /�, for 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 any 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 work 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 UNITED STATES FIDELITY AND CIIARANTY COMPANY , as Surety, are held and firmly bound unto the City of San Juan Capistrano in the penal sum ofEIGHTY THOUSAND, TWO HUNDRED EIGHTY-FOUR & 16/100 DOLLARS 080.284.16 ) 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, 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 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, 10,19, 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 renting 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 e:cceeding 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 i 0 This bond shall inutd 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-bounden parties have executed this instru- ment under their seals this30 day of 1964, 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. PREMIUM CHARGED UNDER PERFORMANCE BOND. PJ`r�Fi/nu�c ipal_ 7/� By �✓ • UNITED STA FIDELITY AND GUARANTY COMP NY Su t (Attach Act noc _edgment) APPROVED: CitLq Administrator APPP.OVED AS TO FORM:- City Attorney JNOTC: The principal amount of this bond shall be not less than 50% of the total contract price. • L&MB-2 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF CALIFORNIA _ COUNTY OR CITY OF SAN DIEGO ss. Before me, a Notary Public, personally came______________VINCENT_A._WADE known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors,and that the execution of the attached bond is the free act and deed of United States Fidelity and Guaranty Company. Given under my ha tis --da f— -DICE 19_64. ) ^ti BLANCHE LYON CNOTARYPUBLIC CALIFOR PRINCIPAE OFFICE IN ` 40tary Public. �"'. { SAN DIEGO COUNTY BLANCHE LYON My GOmm13810n explrFly Commission Expires May 9, 1965 vvvSv� Sud 676 (1)-67) •:•• PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano,Oran a ountfy,State 9f Californi, by Resolution No. 41_)j-�2 has award to,,—,f/ as the "gpRINCIP ", a Contract for the constructing of 1avd �6i�a�� , fCaYy 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 PRINCIPAL, and UNITED STATES FIDELITY AND GUARANTY COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano in the penal sum: of ONE HUNDRED SIXTY THOUSAND,FI VE HUNDRED SIXTY-EIGHT AND 33/100 - - DOLLARS ($ gj_ ), lawtul money of the United States for the payment of wh ch 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 the date of completion and accept- ance of the work under said contract; and shall indemnify and save harmless the City of San Juan Capistrano, its offers and' agents as therein stipulated, then this obligation shall become null and void; •then7ise 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 San Jur_n 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 band 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 bo�den parties have/executed this instrument under their seals this Ye _day of (f0Ctciv as , 196 , the name and corporate seal of each corporate party being hereto affixed • PB-1 and these presents duly signed by its undersigned representative, pursuant to authority of its governing body, PREMIUM: $1 ,394,00 p Z4,lZwly / Principal UNITED STATES ELITY AND GUARANTY COMPA10 wr9e/ y By / W APPROVEDAS TO FORS: (Attach Acknowledgment) � City Attorney —�— • APPROVED: / zt //'.7/�L��/L� Ci y Administrator • PB-2 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF_ CALIFORNIA COUNTY OR CITY OF SAN DIEGO ss. Before me, a Notary Public, personally came------_-------VINCENT g,_ "E --_-----. known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors,and that the execution of the attached bond is the free act and deed of United States Fidelity and Guaranty Company. Given unde �3QT L_—d y of _DEGEMBFa- 1964_-. BLANCH[ LYON 140f ARY PUELiC-CAE',FORNIA iR�NCIPAi OIFlCE IN SAN DIEGO couNTr BLANCHE LYON Notary Public. My CommissionT-� �L���� — My Commission Expires Vay 9, L953 Jvd.876 (9-57) 12.1 LEGAL NOT-CES NOTICE OF COMPLETION OF PUBLIC IMPROVEMENT AND WORK AFFIDAVIT OF PUBLICATION NOTE F, IS HEREBY GIV- EN that the City of San Juan Capisitr;,no, Orange County, STATE OF CALIFORNIA COUNTY OF ORANGE ( ss California, has caused a public :improvement, wit: "the construction of a land KARL WRAY of said 'County and State, being duly outfall sewer" sworn, deposes and says: ,to be constructed upon the property hereinafter described. That he is and at all times herein mentioned was a citizen of The contract for furnishing of the United States, and over the age of twenty-one years, and not a all plant, labor, sere ces, ma- leri-Is and equipment and all party to nor in any way interested in the matter set forth herein; 'utilities and transportation, in- eluding power, fuel and water, That he is, and at all times mentioned herein, was, the co-owner, :1nd performing all work neces- co-publisher, and the printer in charge of all legal advertising, of the nary to construct and complete, in a good and workmanlike COASTLINE DISPATCH, which is a weekly newspaper of general manner in strict accordance circulation, pr:nted, published and circulated in San Juan Township, with the specifications, plans County of Orange, State of California; that said paper is published and drawings therefor on file n the Offiec of the C.ty Clerk for the dissermnation of local and telegraphic news and intelligence of the City of San Juan Capis- of a general character, and has a bona fide subscription list of pay- �lrano, for the construction, in- sLallretion and completion of ing su'bscribe:s, and said paper has been printed and published in the i the above-described ,public im- said San Ju...n Township, County of Orange, State of California, for provement and work,was here- at least one year before the publication of the first insertion of this tofore made and cn'ered into with Russell L. Thibodo Con- notice; and the said newspaper is not devoted to the interest of, or ,lruction Co., 158 Olive Street, published for the entertainment of any particular class, profession, Vista, California cn the 30th day of December, 1964, and trade, calling, or denomination, or any number thereof. filed for record in the Office of Thatthe .... --- -.......---.--------.. the City Clerk of the City of San Juan Capistran:; that the ---T3L.....O1L- r .1f .............____..._. -. work upon said public improve- ment was actually completed of which the annexed is a printed copy, was published in said news- on the 25th day of August, 1.965, and that the resident paper at least .............._la.nea--------------------_--------------_--------............... .__ engineer has n,tified the City, Council that he has made and' commencing from the ---_.22nd----- day of ---------- .�r..t::'-ill'::C.r ^_ompleted a final inspection of r� �• the m^+erials furnished and in- 19.6.55.., and ending on the __R2rld--------- day of x?.�.p.ri�.mrf.e l......-..._. stalled and thework performed 19....655 both days inclusive, and as often during said period and 7n the construction, installation ltimes of publication as said newspaper was regularly issued, and in and ccmpletkm of said public' 11 improvement hereinabove more the regular and entire issue of said newspaper proper, and not in a particulr,.r'.y described and acti supplement; and said notice was published therein on the following forth, and has certified in writ.- iag to the City Council that all dates, to-lwit: of the provisions of the con- tract and contr"et documents --------------3.elp.tE)m1X:or....22.y....19.6.cJ............_........................._.................. for the furnishing of all plant, labor, services, materials and equipment, and the performing' lof all work necessary for the' construction, installation andi completion of said public im-� ................................................................................................................................... provement above described) have been fully complied with I ------------------------------------------------------------ ............................................................. to his satisfaction as required .... .................... .. ......... .... ................... P e contract t oonment d i ---------'-. ------ --- -- -- --- y that final acceptance of the installation and consaletioon of said public m- �p ovement above described was Subscribed and sworn to before me this ...`2>Trld........ day of invade on the 13th day of Sep- sexy ember-----.---, 1965__, ................... of Cher,title t that the nature / of the title to said property Ca of ......... ........ .. .. .�{nJ-h�A ef.�yt,.. said City of San Juan Cpis- franc is as Follows — that is ' Notary Public in and for the County of Orange, So say, it owns said public im- State of California exceptprovement in fee the I riconsght Of daandyon whichit it ow l is (SEAL) My Commission expires ..100167 an easement upon, over and —From— along said right of way for the COASTLINE DISPATCH purpose of the construction, in- ban Fluan Caplatrano, California ( tallation and completion of said Public improvement here- ,nabove described and the use thereof after said completion; that theproperty hereinabove referred to and on which said public improvement is situated i is described a; follows, to wit: I An easement, being 25 feet I in width, lying adjacent and westerly and north- westerly of the Tralbuco Creek and San Juan Creek within Sections 11, 12, 14 and 23 T LEGAL NOTICES I� ZE - _,___ GAL NOT'.CES NOTICE OF COMPLETION _ 1 OF PUBLIC ll11IPROVEMENT AND WORK NOTICE OF COMPLETION OF PUBLIC Ni IS HEREBY GIV- IMPROVEMENT AND WORK I EN that the City of San Juan. Capistrano, Orange County,'. California, has caused a public NOTICE IS HEREBY GIV- Improvement, to wit: EN that the 'City of San Juan!1 ".the construction of an Capistrano, Orange County, O, outfall extens'.on'• California, has caused a public to be constructed upon the II =Provenent, to wit: property hereinafter described.] "the construction of a land The contract for furnishing of I outfall sewer" %E plant, labor, services, ma- to be constructed upon the lerials and equipment and all property hereinafter described, itilities and trangp rta tion, in- The contract for furnishing of eluding power, fuel and water, all plant, labor, sery"real ma- and performing all work neves- tenia's and equipment and all sary to construct and complete, utilities and transportation, in-, ;n a good and workmanlike eluding power, fuel and water, manner in .strict aecordanceand performing all work neves- w-iith the specifications, plans Fary to construct and complete, and drawings therefor on file in a good and workmanlike s In the Office of the C.ty Clerk manner in strict accordance cf the Oity of San Juan Capis iwith the specifications, plans "rano, for the construction, in- and drawings therefor on file 6tallation and completion of the -n the Office of the Cty Clerk above-described public im- of the City Of Sian Juan Capis- provement and work, was here- trano, for the construction, in- tofore made and entered into stal]ation and completion of •vith Healey Tibbetts Can- the above-described public im- etrco fr ee i Co., 1400 West 7th provement and work,was here- Street, Long Beach, California tofore made and enteredinto on the 30th day of December, with Russell L. Thibodo Con- " 1964, and filed for records in the struotion Co., 158 Olive Street, Office of the City Clerk of the Vista, California cn the 30th Katy of Sean Juan Capistrano; day ,of December, 1964, and that the work upon ss d public filed for record in the Office of 26,th oy actually cos- the City Clerk of the City of pleted on the improvement 6 , Sp�' San Juan Ca rstrano; that t r, d' of Aug- , t:st, 1965, and that the resident work upon said public improve- engineer has notified the City meat ways actually completed Council that he has made and on the 25th day of August, ton:r:atad a f.n-1 inspec'non of 1965, and that the resident , n the materials furnished and in- engineer has n tified the City stalled and the work performed Council that he has made and >, in the construction, in etallation %crn,pleted a final inspection of and m,plotion of said public the materials furnished and in- improvement hereinabove more stalled and the work performed particularly describe i and set do the construction, installation forth., and has eertifi_d in writ- and ecripletlon of said public Ing to the City Council that all improvement hereinabove more] particularly described and set tract the provisions of the con- forth, and has certified in wri'- tract and contract documents all t_. for the furnishing of all plant, ing to the City council thatof the provisions of the con- ,r albor, services, materials and] tract and contr_ct documents 4L equipment, and the performing for the furnishing of all plant, Of all work necessary for the llabor, services, materials and construction, installation and R ceayplletion of said publ_c int- equipment, and the performing prevenient albove described 1 of all work necessary for the have been fully complied with construction, installation and c m- 'y to his satisfaction as requiredCompletion of said publii ; provement above described Iby the contract documents; that final acceptance of the have been fully complied with said public im- y to his satisfaction as required completion of ssaid construction, i a' and; b the contract documents; �. provement above described was Jhat final acceptance of the made on the 13th day of Sop- . construction, installation and] tember, 1965; that the nature:] i completion of said public im- of the title to said property of I' provement above described was said City of Sian Juan Capis- made on the 13th day of Sep- trano is as follows -- that is to -1temlber, 1965; that the nature MY, it Owns said public im- of the title to said property of provement in fee except the said City of San Juan Capis- x.ight of way upon which it is trano is as follows — that is conotruotod, arrd tint i` owns Ito say, it owns said public im- an eascrnent upon over ands 1prevement in fee except the along said right of way for the (right of way upon which it is Purpose of the construction, in !construcited, and that it owns] Etall.atlon and completion of an easement upon, over and said public improvement here-. along said right of way for the inabove described and the use purpose of the construction, in- thereof after said completion; etallation and completion of that the property hereinslbove said public improvement here- referred to and on which said +nabove described and the use Public improvement is situated thereof after said completion; Is described as follows, to wit: ' that the property hereinabove A strip of tide and sub-! referred to and on which said merged land 30 feet wide in public improvement is situated 1 the Gulf of Santa Catalina, is described as follows, to wit: Orange County, California, An easement, being 25 feet situate adjacent to Doheny in width, lying adjacent 1 State Park; being 15 feet on and westerly and north- each side of the following de- westerly of the Traibuco : scribed centerline: Creek and San Juan Creek Beginning at a point on the within Sections 11, 12, 14 INA mean high tide Pne of the and 23, Township 8 South, Gulf of Santa Catalina, m Range 8 West, S.B.B. & M., same is shown on a map of a Orange County, California. "Survey of the mean high NAME OF SURETY on La- tide line along the shore of bor and Material Bond is: the Gulf of Santa Catalina", United States Fidelity and sheet 1 of 2 on file in the of- Guaranty Company. five of the County Surveyor :DATED this 13th day of Of Orange County a: Plan September, 1965. Number 8083, said map also CITY OF being on file with the Cali- SAN JUAN CAPISTRANO fornia Division of State Lands By s/ DON OURNFORV under Work Order 4769; said, Mayor of the City of point of beginning bears S. of San Juan Capistrano So 19' 11' E. 444.24 feet more ATTEST: or less from a I% inch steel sf ERNEST A. THOmPPSON .reinforcing rod with a chisel- City Clerk of the City of ed cross On top, said reinfore-' San Juan Capistrano Ing rod being located on the (Published in the Coastline Dis- Westerly boundary of Rancho patch, San Juan Capistrano, Baca de la Playa and having Calif., September 22, 1965. California Zone 6 coordinates Of X-1,561,412.62, Y-474, 906.23, and also being shown on the aforementioned map; thence from the point of be ginning S. 320 201231, W. 52.77 deet, S. 1. 12' 32^ W. 1,885.921 'feet, S. 220 42' 28o E. 789.96 feet and S. 150 25' 30" W.1 1,199.95 feet; containing 2.712 acres more or less. The sidelines at the North- er1q terminus of the above- described strip of Tide and submerged land are to be 1 eltortened or lengthened so as to terminate on the mean - Ifgh tide line of 1964. The bearings and distances' in the above description I based on the Califorala ' LEGAL NOTICES Coordinate System Zone 6. NAME OF SURETY on La- bor and Material Bond is: Fire-' man's Fund Insurance Cem-j Panty. +*&TED this 13th day of Sep- r, 1965. �' _. CITY OF ENG INEERING-SCIENCE , INC. FARVEY F LUDV/IG (RESIDENT ISO EAST FOOTHILL BOULEVARD F'J S 9 E:.'- G. L'J D w G ARCADIA,CALIFORNIA 91006 -CS-P L. FEENEv CABLE ADDRFss ENGSCI AaSA 213 359.9381 _=_NnRD mELB ERG 25 August 1965 E-S File No. 428B City of San Juan Capistrano City Hall 9 P. 0. Box 216 San Juan Capistrano, California AUG 3 1 1°' = ® - JJ. Attention: Mr. T. J. Meadows, CITY PF 9 Director of Public Works saY'u''�r' '� -"'ANO, �� Gi.LI F(IkdIA � A/ Subiect: Land Outfall R. L. Thibcdo Construction Co. W.P.C. - CAL 196 Gentlemen: Our final inspection of the subject Land Outfall, together with the insnection and testing performed during the progress of the job, indicates that the work has been completed in accordance with the terms of the Contract. Therefore, it is recommended that the City accept the work and file a Notice of Completion. The retention of $18,738.50 will be due and payable 35 days after filing of the Notice of Completion, provided that no Stop Notices or other valid claims against the retention have been filed at that time. Very truly yours, ENGINEERING-SCIENCE, INC. Leonard Melberg L`1/nlh cc : Department of Health, Education & Welfare State Water -Pollution Control Board Tlii'oodc Construction Co. E-S Accounting Dept. E-S Job File Jan Francisco Area Office and Research Center: 4144 Te/egraph Avenue, Oakland California 94609 P. O. BOX ear • 724-2233 R. L. Thibodo Const. Co., Inc. GENERAL CONTRACTORS ISS OLIVE STREET VISTA. CALIFORNIA Ape31 43. MS D• Z. msamq, AMtaawq for mautat Mf*3"lls+K *" t�� Dsilaic &in anal powrth AM" atMU AM* Qtl ftnda WM &a doaa Caplstiwao City lawieipal swr.T Mmulot f 1 an Joaw Qapistaawo aL f*n" 8. so TSd U* • Ooaaanta Ihwpaap• sSM Sth ataret stn =Avg Qtlst9 nda 6awtlswaws Jean . isaNtallatiaw Of Ur Lad Oat= 0~ fw tat Wo MY of a aesssw 7 M Taws" awo of yew jussum audrlw that, was ]saatod in Us en6w of ewe tsaash. Thr iwspoetw and awr a *&%. S ate alaat oaed~aotod ow at tho 4op oyaw of the Qoisttwwo Dow* stwituy hhiab" awd he was to advi" thr awaiwseav and 1l %then awd if tbW waatod this modW s roplaesdo shaiao this lino has est bean In waa and stawds a sled ohm" to be abatibwd in Mw wear faftms we did wsb pews the aoti * that 7 %Ub %bis ws � the Uttw'Y 'w tri to pt in tewh idtb a ropewestati*e of Vw City of stn loan Qtpdstewwe tedq and rith �ftheir� apppm als we sen baw this weak sulphated w 3stor than satw:dW Aptdl w7, 11900 S co VM7 tr47 YOuss 1 zs L�� � $ Its U TRW= Oa 1. CO.& wo a� G 196';x' APR 2 g CITT OF Ubsou Lo Thlbeft +' From dwt Z/ SAN JUCp ItGHN1A ,� N � TELEPHONE PALACE 4-2233 Russell L. Thibodo Con GENERAL CONTRACTORS 158 OLIVE STREET VISTA, CALIFORNIA January 4. 1964 CITY CLERK City Hall San Juan Capistrano, Calif. Re: Land Outfall Sewer Gentlemen, This is to inform you that we will comply with the President's Executive Order No. 11114 and the provisions of Executive Order No. 10925. We are now doing contracts under this order and have been for quite some time. Very truly yours, R. L THIBO 0 CONST. -CO. INC. ( -'R, L. Thibodo - President RLT/wc cc: Engineering Science r W JAN L CITY OF 2 SAN JUAN CAFISMANO, CALIFORNIA 0 • ENG I NEERING-SCIENCE, INC. HARVEY F. LUDWIG,PRESIDENT ISO EAST FOOTHILL BOULEVARD RUSSELL G. LUDWIG ARCADIAN CALIFORNIA 91006 JOSEPH L.FEENEY CABLE ADDRESSENGSCI LEONARD MELBERG 29 March 1965 AFFe 213 359-9seI E-S File No. 428B City of San Juan Capistrano P.O. Box 465 San Juan Capistrano, California Attention: Mr. T. J. Meadows Director of Public Works Subject: Land Outfall Sewer Gentlemen: We are enclosing the following certificates of insurance issued to R. L. Thibodo Construction Co. , Inc. as noted below, for your files. We are also forwarding all necessary information hereon to the Depart- ment of Health, Education and Welfare. Insurance Company Type Policy Number United States Fidelity & Public Liability & CLP 101099 Guarantee Company Property Damage Industrial Indemnity Company Workmen's Compensation CC312618 The above are in the amounts as required by the specifications. However, the expiration date is prior to the completion of the project. We will have a renewal of the policies for your files prior to the expiration dates. Also enclosed is a letter from Mr. R. L. Thibodo regarding fire insurance which is self-explanatory. We are recommending to the Department of Health, Education and Welfare that the fire insurance on job materials be waived. Very truly/yours, Leonard Melberg LM:ck Encl. San Francisco Area Office and Research Center: 4144 Telegraph Avenue, Oahland, California 94609 HUGH Lf'IUG �'I 55 -ASSOCI -AT•ES PAT C. ROSSOSS D. W. COO KLEY TfLEPHOOE HOLLYWOOD 9-3507 • 6363 sunsET BOULEVARD HOLLYWOOD 90028 ,larch 24 , 1965 7ugireering Service , Inc . 130 i . J'oot.hill Boal evar( rooOi^ , CalTtrrr,Ta .ti-._ ,tt irk r. l _ .:.oprgwn_..._ ',e- Mope in ecnnnectiou witk the contract being let to We v. ghibo6n (;o"st . Co . , Inc . for the :_av Juan Capistrano La"O utfall .,ewer Job , ue cuclo<_e Certificates of Insurance for U . S . Fidelity aAd Ouaranty Co . Comprehensive Liability "olid No . C.Y-101099 and industrial Indemnity Co . CnAppusa- tion policy No , Cc 3141.6 . ac traFt you Sind the eaclesnres in orQer. / Ver;; truly yourp , D. -. . COMM a" Frt1°� 11 _ ___ �_� 1 -�� - _ r — � ��...a•t i. '�y� 5ght : _, __ =,� i ��dd i i-�ut�suv .n•3 I P A 4., UNITED STATES FIDEL GUARANTY COMPANY A B LTIt i'l, YLAND No.. and Address To Who. Issued CERTIFICATE This is to certify that the policies listed below, subject to their OF terms, conditions and e.clusi,mi, INSURANCE have been issued by this Cq Core- ()I �i;' pany to the Insured named below; - t t T1 Named Insured and Address T" Pat, Type of Insurance Policy Policy Limits of Liability Number Term Bodily Injury Property Damage Workmen's Compensation Statutory $ '000 Each Person Employers' Liability $ 000 Each Accident t Medical—Each —Person c� $ n0 000 Each Person -c 6,1 Each Accident $ '000 Comprehensive General (;f,)'-Z;)] 099 tAggregate Operations o 000 Liability Aggregate Protective $ Aggregate Products 010 Aggregate Contractual $ 1w) 000 $ 1 000 Each Person Automobile Liability d $ 0�,COCE.chj�Acmdemt 000 pe ------ '000 Each Person Manufacturers' and Contractors' Liability $ 000 Each Accident $ '000 OwumTenants' Limoildaty L.nlo,ds' and $ 000 Each T C Person.000 Each Accident $ '000 Ihl V $ '000 Each Person $ 000 Each Accident $ coll Liability 'Roo Aggregate $ 000 Description and location of operations and automobiles covered: 11 A L ',,'0:' T 11C I 0': OF >^_'1 f 1 k' C,k I'l A' [t jjI 10 da� UNITED STATES FIDELITY AND GUARANTY COMPANY will wak&:,uvYo "r for failure to do so,the holder of this I Certificate of any material change in or cancellation of these policies, but assume ,tezo, lit it 11 196-) By Date o; oL�" I io_ Vil Gen. 221 0a-6.) -USTIEMNIT� COMPANY CERTIFICATE (A STOCK COMPAN OF NAMED P HPME OFFICE SAN FRANCI CO INSURANCE INSURED `d 11 1 CERT1IFICATE 1 * �_�. -, - CERTIFICATE ISSURD TO - '' - ISSUED BY , INDUSTRIAL INDEMNITY COMPANY •' '- -\( 1' ' t � , ., e I i CETT , . .T,TL •• Effective - any loss under Physical Damage Coverage is payable as interests may appear to the Named Insured and the Lienholder named below in accordance with Loss Payable Endorsement (49A)on reverse side, LIENNOLDER , s As res acts the fo loyln i described automobllets): YEAR RADE NAME BODY TYPE AND MODEL SERIAL NUMBER l , INDIDSTRI )I y DE NITY COMPANY has issued coverage effective as of the dates and for the periods and limits specified belclw and sLbl$ct to all terms, conditions, provisions, exclusions and limitations of the described Binders or Policies whether shown foylendprsement or otherwise. ' 'KIN OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY COMPENSATIO EFF ; 2 j J STATUTORY CALIFORNIA COMPENSATION— ORKMEN CO'PEN ATION EXPJ/ i ) WEMPLOYER'S LIABILITY—$2,000,000 PER OCCURRENCE COMfENSATIOII k 4 EFF STATUTORY COMPENSATION STATE(S) OF WORKMEN COJPENSATION EXP EMPLOYER'S LIABILITY—$ PER OCCURRENCE LIABILITY - BODILY INJURY �IABQ.ITY-- EACH PERSON EACH ACCIDENT f .AUTOMOSISE $ $ :BODILY IN]U1tIY ` IABiITY� EACH PERSON EACH ACCIDENT E)FCEPT AU}CIMCP3ILE EFF $ $ 1 EACH ACCIDENT PROPERTY IIAMAGE LIABILITY— AUTOMOB14E - EXP $ ,,yyMM EACH ACCIDENT AGGREGATE —EXCEPT TAUj % ' ILE.ABILITY— $ AUTOMOBILE AHYSIQAL DAMAGE i I EQMPREHE4SIt'E j - EFF $ FIRE,LIGHT 4ING I. TRANSPORTATION - $ THEFT (BROkd F RM) EXP $ figLLISION #1R:U SET ACTUAL CASH VALUE LESS $ DEDUCTIBLE EFF REPLACEMENT COST PER GLA65 EXP SCHEDULE FILED WITH COMPANY EFF ,INLAND MARINE EXP $ . j EFF EXP $ REMARKS ( This policy phiAl not be conceled nor reduced in coverage until after days written notice of such concelation or reductiQ'n in cdv@rage shall have been mailed to this certificate holder. Certified this f) " L`it day of 191 ;*(' 19 i INDUST P- COMPANY Pro�rlucer - Authoriz Representative fxos\-ps fr-eft D � ' ' 49 A AUTOMOBILE LOSS PAYABLE With respect to the interest of the Lien-Holder indicated on the Certificate of Insurance its successors and assigns, (hereinafter called the Lien. Holder), in its capacity as conditionah Vendor or Mortgagee or otherwise, in the property insured under this policy, this company hereby agrees as follows: I. Loss or damage, if any to the property described in this policy shall be payable firstly to the Lien-Holder and secondly to the insured, as their interests may appear, provided neverthelessthat upon demandby the Lien-Holder upon the company for separate settlement the amount of said lass shall be paid directly to the Lien-Holder to the extent of its interest and the balance, if any, shall be payable to the insured. 2. The insurance under this policy as to the interest only of the Lien-Holder shall not be impaired in any way by any change in the title or owner. ship of the property or by any breach of warranty or condition of the policy, or by any omission or neglect, or by the performance of any act in violation of any terms or conditions of the policy or because of the failure to perform any act required by the terms or conditions of the policy or because of the subjection of the property to any conditions, use or operation not permitted by the policy or because of any false statement concerning this policy or the subject thereof, by the insured or the insured's employees, agents or representatives; whether occurring before or after the attachment of this agreement, or whether before or after the loss; PROVIDED, however, that the wrongful conversion, embanle. ment or secretion by the Purchaser. Mortgagor, or Lessee in possession of the insured property under mortgage, conditional sale, contract, lease agreement, or other contract is not covered under this policy unless specifically insured against and premium paid therefor. 3. In the event of failure of the insured to pay any premium or additional premium which shall be or become due under the terms of this policy, this company agrees to give written notice to the Lien-Holder of such non-payment of premium after sixty (60) days from and within one hundred and twenty (120) days after due date of such premium and it is a condifron of the continuance of the rights of the Lien-Holder hereunder that the Lien-Holder when so notified in writing by this company of the failure of the insured to pay such premium shall pay or cause to be paid the premium due within ten (10) days following receipt of the company's demand in writing therefor. If the Lion-Holder shall decline to pay said premium or additional premium, the rights of the Lien-Holder under this Automobile Loss Payable Endorsement shall not be terminated before ten (lo) days after receipt of said written notice by the Lien-Holder. 4. If the company elects to cancel this policy in whole or in part for non-payment of premium, or for any.other reason, the company will forward a copy of the cancellation notice to the Lien-Holder at its office specified hereinafter concurrently with the sending of notice to the insured but in such case this policy shall continue in force for the bereft of the Lien-Holder only for ten (10) days after written notice of such can. cellafion is received by the Lien-Holder. In no event, as to the interest only of the Lien-Holder, shall cancellation of any insurance under this policy covering the property described in the policy be effected at the request of the insured before ten (10) days after written notice of request for cancellation shall have been given to the Lien-Holder by the company. In the event of cancellation of this policy the unearned premium shall be paid to the Lien-Holder, provided the said Lien-Holder has advanced the premium. S. If there be any other insurance upon the within-described property, this company shall be liable under this policy as to the Lien-Holder only for the proportion of such loss or damage that the sum hereby insured bears to the whole amount of valid and collectible insurance of similar char. atter on said property under policies held by, payable to end expressly consented to by the Lien-Holder, and to the extent of payments so made this company shall be subrogated (pro rata with all other insurers contributing to said payment) to all of the Lien-Holder's rights of contri. button under said other insurance. 6. Whenever this company shall pay to the Lien-Holder any sum for loss or damage under this policy and shall claim that as to the insured no liability therefor exists, This company at its option, may pay to the Lien-Holder the whole principal sum and interest due or to become due from the insured on the obilgefion secured by the property insured under this policy, (with refund of all interest not accrued), and this company shall thereupon receive a full assignment and transfer, without recourse, of said obligation and the security held as collateral thereto; but no sub- rogation shall impair the right of the Lien-Holder to recover the full amount of its claim. 7. The coverage granted under this policy shall continue in full force and effect as to the interest of the Lien-Holder only, for a period of ten (10) days after expiration of said policy unless an acceptable policy in renewal thereof with loss thereunder payable to the Lien-Holder in accord, ante with the terms of this Automobile Loss Payable Endorsement shall have been issued by some insurance company and accepted by the Lien, Holder. In flue event of a loss not otherwise covered during the extended ten (10) days period herein referred to, an annual policy covering the same hazards to the property insured under the original policy shall be issued and accepted by the Lien-Holder and Mortgagor. 8. Should the ownership and right of possession of any of the property covered under this policy become vested in the Lian-Holder or its agent, this policy shall continue for the term thereof for the benefit of the Lien-Holder (with all incidents of ownership of the policy) but, in such event, Paragraphs two (2), five (5) and six (6) of this Automobile Loss Payable Endorsement shall no longer apply; provided, nevertheless, all privi• leges and endorsements which, by reason of the printed conditions of this policy, are or may be necessary to maintain the validity of the contract are hereby granted for a period of thirty (30) days and all notices likewise required to be given to the company by the insured are hereby waived for a period of thirty (30) days with the exception of requirements applying at the time of or subsequent to a loss. 9. All obtices herein provided to be given by the Company to the Lien-Holder in connection with this policy and this Automobile Loss Payable Endorsement shall be mailed to or delivered to the Lien-Holder of its office or branch as indicated on the Certificate of Insurance. All other terms and conditions of this policy remain unchanged. This endorsement is hereby made a part of the policy number indicated on the Certificate of Insurance. INDUSTRIAL INDEMNITY COMPANY 0 • P. o. Sox 697 TELEPHONE PALACE 4-2233 'L? Russell L. Tlaihoclo Construction Co. O GENERAL CONTRACTORS 158 OLIVE STREET VISTA, CALIFORNIA March 24, 1965 ENGTNNG — SCIENCE, INC. 150 East Foothill Blvd. Arcadia, C alifo rnia Attn: Hr' W. I.Tho�peon Re: San Juan Capistrano Land Outfall Sewer Dear Mr. Thompson, I have requested our insurance agent, Mr. D. W. Coakley, to forward the insurance certificates as per your request, however, I ran into a little difficulty when I requested fire in— surance for AC pipe. Since pipe is not a flammable material, he sug— gested that it may be possible to wave the fire insurance policy re— quirements. It is feasible that we could start a fire on someone aloes property, however, that type of accident would come under pro— perty damage. Your cooperation on this matter will be greatly appreciated. Very truly yours, R. L. THIBODO CONST. CO. INC. Russell L. Thibodo RLT/wc t I 1s1_ IWd ,.