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Home My WebLink About4086 - Weed Abatement1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION No. '/0" WHEREAS, pursuant to Notice Inviting Bide for weed aba ment in the City of Newport Beach, heretofore duly given, sealed proposals and bide therefor were duly received and, at the time as place set for said purpose, duly opened, and it appearing that thi lowest regular and responsible bidder is M. E. Horst Company; and WHEREAS, there has been duly presented to the City oil of the City of Newport Beach a certain Agreement dated the day of V'Y,�, 19539 by and between said M.E. Borst Company and the City of Newport Beach, providing for said abatement. NOW, THEREFORE, BE IT RESOLVED, that said bid of said M.L. Horst Company for said weed abatement in the City of Newport Beach for the total sum of 04,915.75 be, and the same to hereby, accepted; and BE IT FURTHER RESOLVED that said contract for said ment in accordance with the plane and specifications on file with the City Clerk of said City at said price of 84.915.75 be, and same is hereby awarded to the said M.E. Horst Company; and BE IT FURTHER RZ80LVED that the Mayor and the City C1 be, and they are hereby, authorized and directed to execute said Agreement in the name of and for and. on behalf of the City of Be port Beach and the City Clerk furnish a duly executed copy there to said M.E. Horst Company. The above and foregoing Resolution was duly and passed and adopted by the City Council of the City of Newport at a regular meeting thereof held on the as deg+ of by the following vote, to gait: AYES, COUNCILMEN: �rl e . I�� N l to �% NOES, COUNCILMEN:. ABSENT COUNCILWN% Vl-\.A ATTEST: .�-- U& Yalu 1 1 1 AGREEIsiENT THIS AGREEMENT, made and entered into this day,of 1951, by qnd between the City of Newport Beach, a muni" cipal corporation of the sixth class of Orange County, California, hereinafter referred to as "City ", and _ X. L 11MT 00# hereinafter referred to as "Contractor-O., WITNESSETH: WHEREAS, the Contractor has been awarded the contract by the City for the furnishing of all materials and to do all work re- quired to complete the hereinafter described work in accordance with the plans and specifications and other contract documents on file in the office of the Engineer of the City of Newport Beach and adopted by the City of Newport Beach for the doing of said work, a copy of which plans and specifications is attached hereto, marked Exhibit A, and made a part hereof to the same extent and purpose as if it were herein set out in full. NOW, THEREFORE, the Contractor, for the consideration here- inafter mentioned, promises and agrees with the City that it will do and perform in a good and workman -like manner, under the direction and supervision of and to the entire satisfaction of the City Engin- eer of the City of Newport Beach, all the work as particularly set forth in the plans and specifications for said work, on file as afore- said, and attached hereto marked Exhibit A, and will furnish all the materials therefor, at the price set forth in its bid on file, as follows, to wit: Approximate Unit Item Wuantity Item Price Total Y. 385 disanina of lot® In corona as sty north"at- .sir of Bmft @idler MOO e"40 2. 1� d of Loto in corona �e lecalitb► fig. 90 a A". 50 0 L 3• Cliffs looslity ip ot+r 07.25 4 M•50 }i. 18$ Cleaning o in N 4aR it osItty $5.83 sib L ' �'e►ess ��5•i� The specifications fixing the time for the commencement of said work and for the completion thereof, and the time for the oom- menoement of said work as specified in said specifications and for the completion thereof, are hereby made a part of this contract to the same extent and purpose as if the same were herein specified and set out in full. _ It is further understood and agreed between the said par - ties that if extra work or materials are furnished under the written directions of the City Engineer.of the City of Newport Beach, by the Contractor for said City, and said work shall not be covered by the specifications and plans, Exhibit A, aforesaid in this agreement and other contract documents now on file in the office of the City Clerk S-3 • • ;tl of the City of Newport Beach, then and in such an event the extra work to be performed and the prices thereof shall be agreed upon between the Contractor and the City, and shall be paid for in the manner here- inafter specified. It is further understood and agreed between said parties that the Contractor will be paid in the manner and time and in the amounts specified by the specifications attached hereto, and in res- pect to the provision for payment, said specifications shall fully govern and be made a part of this Contract. It is further understood and agreed that the Contractor will furnish all machinery, labor, materials, transportation, tools and equipment necessary to Complete the work of improvement mentioned in said annexed specifications, Exhibit A, aforesaid, and in strict con- formity with said plans and specifications and to the entire satisfac- tion of the City Engineer of the City of Newport Beach. It is further agreed that the Contractor shall, before com- mencing work, deposit with the City Clerk of the City of Newport Beach, a labor and material bond in an amount equal to fifty percent (50 %) of the contract price, and a faithful performance bond in an amount equal to fifty (50 %) of the contract, said bonds are to be secured from a surety company satisfactory to the City of Newport Beach. It is further understood and agreed by and between the par- ties hereto that the Contractor shall not sublet, assign, sell or transfer this contract or any interest therein to any party whatso- ever, without the prior written consent of the City. The Contractor agrees that he will faithfully perform said contract in accordance with all labor laws, Federal and State, govern- ing cities of the Sixth Class, and pay the wages provided for in the Notice Inviting Bids, which wage scale has been duly adopted by the City Council of the City of Newport Beach, in the manner provided by law. Time shall be the essence of this contract. It is specifically agreed that the Contractor agrees to 1 3 n U •- 0 J� perform, in accordance with the specifications, each covenant, term, and condition thereof, and shall be liable and responsible for all pen- alties provided for in said specifications, and shall further conform to all City ordinances of the City of Newport Beach, all State and Fed- eral Laws in reference to the hiring of labor or for the doing of the work of improvement mentioned in said specifications: That each term, covenant and condition specified in the annexed specifications are made a part and portion of this contract to the same extent and pur- pose as if the same were herein set out in full, and said Contractor agrees to conform to each covenant, condition and specification there- in set forth, and as a part of this Contract. IN WITNESS WHEREOF, the City of Newport Beach has hereunto caused its corporate name to be signed and its corporate seal to be affixed by its Mayor and City Clerk thereunto duly authorized by Reso- lution of the City Council,.dated the :z5__ day of , 19D;I and the said Contractor has signed X450 name as of the day and year first above written. CITY OF MPORT BEACH r BV Nf yor By I -� c. \' "t ' e.�r ity Ulerk M By 4 CITY CONTRACTOR • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) • I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 4086 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 25th day of May , lg 531 by the following vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this None None 23d day of September , lg 57. City Cleikk aiAd Ex-Otticlo erk of the City Council, City of Newport Beach, State of California. A