HomeMy WebLinkAboutC-348 - Agreement and Contract (for Sidewalk & Curb Construction in Ocean Front)AGREEMENT AND CONTRACT
C ITY OF
NEffPORT BEACH, CALIFORNIA
THIS AGR.ETI ENT, made and entered into this 24 -t �i
— day
of May, 1950, by and between WALTER J. MARKEL, as contractor, Party
of the First Part, and L. W. COVERT, as Superintendent of Streets of
the City of Newport Beach, California, under and by virtue of the
authority granted to him as such officer under the provisions of the
"Improvement Act of 1911", Division 7 of the Streets and Highways
Code of the State of California, Party of the Second Part;
WITNESSETH; That
WHEREAS, the Party of the First Part, as will fully
appear by reference to the records of the proceedings of the City
Council of the City of Newport Beach, California, on the 24th day of
April, 1950, was duly awarded the contract for the work hereinafter
mentioned.
NOW, THEREFORE, the Party of the First Part, for the
consideration hereinafter mentioned, promises and agrees with the
said L. W. Covert, as Superintendent of Streets of said City and not
otherwise, that he will do and perform or cause to be done and performed
in a good workmanlike manner, under the direction and to the satisfaction
of the said Superintendent of Streets, and furnish the necessary materials
required for the execution thereof, which materials shall comply with
the specifications hereinafter mentioned and referred to, and be to
the satisfaction of the said Superintendent of Streets, all of the
hereinafter mentioned work or improvement, to -wit:
1
The construction of cement concrete sidewalk and curb
and appurtenant work in connection therewith, in the Northeasterly
side of Ocean Front between Thirtieth Street and Thirty-sixth Street,
all as more particularly described in Resolution of Intention No. 3768,
passed and adopted by the City Council of said City on the 27th day
of February, 1950 and on file in the office of the City Clerk of said
C itya
For further particulars, reference is hereby made to said
Resolution of Intention No. 3768 and to the plans, profiles and drawings
No. 427 on file in the office of the City Engineer of said City of
Newport Beach, and to the specifications for the said work on file in
the office of the City Clerk of said City, to which plans, profiles,
drawings and specifications heretofore approved by the City Council of
said City reference is hereby made for a further, full and more particular
description of said work and by reference thereto, the same are incor-
porated herein and made a part hereof,
It is hereby agreed by the Party of the First Part that he
will, at his own cost and expense, furnish all necessary materials and
labor for said work and improvement, and that the materials used therein
shall comply with the said specifications and be to the satisfaction of
the said Superintendent of Streets; and that he will within . ?0 _ days
from the date hereof, or within such further time as may be granted by
the City Council of said City, complete the said work or improvement and
turn the same over to the said Street Superintendent complete and ready
for use and free and discharged of all claims and demands whatsoever
for or on account of any and all materials, provisions, provender or
other supplies, or the use of implements or machinery used in, upon,
for or about the performance of the work contracted to be done, or for
any work or labor thereon of any kind.
That said Party of the Second Part, acting in his official
capacity as such Street Superintendent and not individually, hereby fixes
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the time for the commencement of said work or improvement to be within
fifteen (15) days from the date hereof, and promises and agrees that,
upon the performance of the covenants aforesaid by 1he Party of the
First Part, he will duly make and issue an assessment and diagram and
attach a warrant thereto for the total amount of the cost and expenses
of the work (including all incidental expenses as are necessarily
incurred and chargeable to the work under these proceedings and authorized
by the provisions of said Code, provided that the Party of the First Part
shall pay to the said Party of the Second Part such incidental expenses
at the times and in the manner prescribed by said Code), and the cost
of said work or improvement shall be at the following prices, to Wit:
Item Item with Unit price written in words Price in figures
1. P.C.C. Curbs, complete in place, at
EIGHTY NINE AND 9/10 CENTS, per lin. ft. . $0.899
2., P.C.C. Sidewalks, complete in place, at
Tu9ENTY FOUR AND 8/10 CENTS, per sq. ft. . . . . . . 0.248
3. Redwood Headers, complete in place, at
FLIRTY NINE CENTS, per lin. ft, . . . . .. 0.49
The Party of the First Part further agrees to pay not less:
than the general prevailing rate of per diem wages for each craft or
type of workman or mechanic needed to execute the contract, as heretofore
determined by the City Council of said City on the 27th day of March, 1950
in accordance with Sections 1770 to 1777, inclusive, of the Labor Code of
the State of California, and which said rates of per diem wages for said
improvement so determined are as follows, to -wit::
Classification Hourly Wage
Cement Finisher . . . . . . . . . . S 2.20
Flagman and watchman . . . . . . . . . . . . . . . . 1.57
Laborer . . . . . . . . . . . . . . . . . . . . . . 1.57
operator, concrete mixer . . . . . . . . . . . . . . . 2.22
Operator, roller . . . . . . . . . . . . . . . . . . . 2.07
Truck drivers of dump trucks of less than 4 yds. water level 1.65
Any classification omitted herein, not less than . . . . . . 1.57
Ell foremen not herein separately classified shall be paid not less than
172 cents per hour more than the hourly rate of the classification over
which he has supervision* - 3 -
Provided that one and one-half (1 )) Mimes the said
prevailing rate of wage shall be paid, except watchmen, flagmen and other
non -manual workers, for any working time more than eight (8) hours during
any one (1) calendar day where such work is required in cases of extra-
ordinary emergencies caused by fire, flood or danger to life or property
and for time on Sundays and the seven (7) legal holidays, to -wit:
New Year's Day, Memorial Day, Fourth of July, Labor Day, Armistice Day,
Thanksgiving and Christmas.
It is further agreed that, pursuant to the provisions of
Section 1775 of the Labor Code, the said Party of the First Part shall
forfeit as a penalty to the said City of Newport Beach the sum of Ten Dollars
($10.00) for each calendar day or portion thereof for each laborer, workman
or mechanic,employed by him or by any subcontractor under him, who is paid
less than the stipulated prevailing rates for any work done under this
contract in violation of the provisions of this agreement.
It is further agreed by the parties to this agreement that
under it, eight (8) hours of labor shall constitute a legal days work, and
said Party of the First Part shall not require or permit any laborer, workman
or mechanic or any subcontractor employed to perform any of the work included
in this contract to labor more than eight (8) hours during any one calendar
day, except in cases of extraordinary emergencies caused by fire, flood or
danger to life or property and except as provided in Section 1817 of said
Labor Code; and it is further stipulated and agreed that the Party of the
First Part shall forfeit, as a penalty to the said City of Newport Beach,
the sum of Ten Dollars (10.00) for each laborer, workman or mechanic employed
in the execution of this contract by him or by any subcontractor under him,
upon any of the work included in this contract, for each calendar day during
which such laborer, workman or mechanic is required or permitted to labor
more than eight (8) hours in violation of the provisions of Sections 1810 to
1816 inclusive of said Labor Code*
And, the said Party of the First Part does hereby further agree
to keep full, true and accurate records of the names and actual hours worked
by the respective workers employed by him under this contract, and to allow
access to the same at any reasonable hour to any person having the authority
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to inspect the same, as contemplated under the provisions of the said
Labor Code.
It is further agreed that the Party of the First Part, or
any subcontractor doing or contracting to do any part of the work contemplated
by this agreement, shall not knowingly employ on said work any alien, except
in case of extraordinary emergencies caused by fire, flood or danger to life
or property; and it is further agreed that the contractor shall forfeit to
the said City of Newport Beach the sum of Ten Dollars ($10.00) for each
alien employed by him, or by any subcontractor under him, in the execution
of this contract, for each and every calendar day or portion thereof during
which such alien is knowingly employed or caused or allowed to be employed.
The contractor further agrees to be bound by, and to comply with, all of
the other provisions of Sections 1850 to 1854 inclusive of said Labor Code.
It is further agreed that the Party of the First Part, or
any subcontractor doing or contracting to do any part of this work contem-
plated by this agreement, will use only such unmanufactured articles,
materials and supplies as have been mined or produced in the United States,
and only such manufactured articles, materials and supplies as have been
manufactured in the United States, substantially all from articles, materials
and supplies mined, produced or manufactured as the case may be in the United
States, pursuant to the provisions of Sections 4300 to 4305 inclusive of
the Government Code of the State of California,
It is also understood that serial bonds, to represent unpaid
assessment amounting to Twenty-five Dollars ($25.00) or more and bearing
interest at the rate of six per cent (6%) per annum, shall be issued hereunder
in the manner provided by the said "Improvement Act of 191111, being Part 5,
Division 7 of the said Streets and Highways Code, the said bonds extending
over a. period ending nine (9) years from the second day of January next
succeeding the next October fifteenth following their date.
And, it is further agreed and expressly understood by the
parties to this agreement that in no case, except where it is other provided
by law, as hereinbefore provided, will the said City of Newport Beach, or
any officer thereof, be liable for any portion of the expense of the work
aforesaid nor for any delinquency of persons or property assessed.
- 5
IN WITNESS WHEREOF, the parties hereto have caused this
Contract and Agreement to be duly executed with all the formalities
required by law, on the day and year in this Contract and Agreement
first above written.
WALTER J. , Party of the FIrst Part
L. W. COVERT, Superintendent of Streets
of the City of Newport Reach, California
Party of the Second Part
BOND FOR LABOR AND NtATERIAIS
KNOW ALL MIEN BY THESE PRESENTS, that I, WA IXER J . MARKEL,
as Principal, and
s
a corporation, organized and existing under and by virtue of the laws
of the State of , as Surety, are jointly and severally
bound unto the City of Newport Beach, California,, in the sum of
TYTO THOUSAND NINE HUNDRED THIRTY AND N01100 DOLLARS ($2,930.00),
lawful money of the United States of America, to be paid as hereinafter
provided, for which payments, well and truly to be made, we bind
ourselves, our and each of our heirs, successors, executors, administrators
and assigns, jointly and severally by these presents.
WHEREAS, the above bounded Principal has been awarded and is
about to enter into that certain contract, hereto annexed and made a
part hereof, with L. W. Covert, as Superintendent of Streets of the
City of Newport Beach, to do all the work described in said contract
hereto attached and referred to for a particular description of said
work.
NOW, THEREFOR:, if the said Principal or his subcontractors
shall fail to pay for any materials, provisions, provender or other
supplies or the use of implements or machinery used in, upon, for or
about the performance of the work contracted to be done, or for any
work or labor thereon of arty' kind, the said Surety will pay the same
to an amount not exceeding the sum above specified in this bond and
also, in case suit is brought upon this bond, a reasonable attorneys
fee is to be fixed by the Court.
This bond shall inure to the benefit of any and all persons,
companies and morporations entitled to file claims under the provisions
of the "Improvement Act of 191111, Division 7 of the Streets and
Highways Code of the State of California, and all such persons,
- 1 -
companies and corporations and their assigns shall have a right
of action in any suit brought upon this bond,
Witness our hands and seals this day of May, 1950,
a corporation
By
Its Attorney -in- ac
as Surety
The within and foregoing bond is to my satisfaction, and I
hereby approve the same this day of May, 1950,
L. W. COVERT, Superintendent o Streets
of the City of Newport Beach:
California
- 2-
General 25 *
im
BOND FOR FAITH-LI UL PEaFORTG0CE
K40W ALL tUlEN BY 11iESE PE -,ES - S, that I, Vdi';LTER T. li��, as
Principal, and the United States Fidelity and Guaranty Co., a
corporation, organized and existing under and by virtue of the
laws of the State of Maryland, as Surety, are jointly and severally
bound unto the City of Ne�iport Beach, California, in the sum of
ONE TH06SAIVD FOUR HUNDRED SI.X'ITY FIVE LND NO/100 DOLL1',RS ( 1, 465.00.),
lav,,ful money of the United States of America, to be paid to the said
City of Newoort Beach, for which payment, well and truly to be made,
we bind ourselves, our and each of our heirs, successors, executors,
administrators and assigns, jointly and severally by these presents.
THE CONDICTION OF THIS OBLIGATION IS SUCH '11 AT, if the above bounded
Principal, his heirs, su cessors, executors, administrators or
assigns shall iin all things stand to and abide by and well and truly
keep and faithfully perform all the covenants, conditions and
agreements of that certain contract .,lade between said Principal, as
cogtractor, and L.W. Covert, as Superintendent of Streets of the
City of Newport Beach, of even date herewith, .for performing the
following work, to *,At:
all work described in said contract hereto attached and referred to
for a more particular description of said work, or cause the same
to be faithfully kept and performed in the manner and as therein
specified, then, the above obli-ation shall be void, otherwise
shall remain iii 'full force and effect.
Jiitness our hands and seals this 8th day of 1 tiY, 1954.
Walter T. to 1 (Contractor)
The premium for ttis
bond is $58.57 for as Principal.
two years.
United States Fidelity and Guaranty Company
Ri hard G. Robbins, attorney —in —?act
The within and foregoing bond is to my satisfaction, and I
hereby approve the same this 2 o'O day of May, 1950.
L. F. C07=7 T, Superintendent of Streets
of the City of Newport Beach, California
General25 *
[NI"ED STATES hDRITYAND GUARANTY COMPANY
BALTIMORE • MARYLAND
BOND FOR LABOR AND �LLJL tIALS
KNO6' .EiU 2M7 BY TaESL PRESE�M, that I, Walter J. "Larkel, as Principal,
and the United States Fidelity and Guaranty Company, a corporation,
organized and existing -n.der and by virtue of the laws of the State
of Maw iazd, as Surety, are jointly and severally bounJ unto the
City of 1�ewport each, California, in the sum of TWO THOUS.L10 IVY.'. ".E
HUNDRED THIR`r AND N0/100 DOLLARS ($2,430.010), lawful money of the
United States of America, to be paid as hereinafter provided, for
which payments, well and truly be made, we bind ourselves, our and
each of our heirs, successors, executors, administrators and.
assigns, jointly and sevralay by these presents.
V3rAS, the above bounded Principal has been awarded and is about
to Anter into that certain contract, hereto annexed and made a part
hereof, with L.W. Covert, as Superintendent of Streets of the City
of Newport Beach, to do all the work described in said contract hereto
attached and referred to for a particular description of said work.
NOW, THE-nEFOt11, if the said Principal or his subcontractors shall fail
to pay for any materials, provisions, provender or other supplies or
the use of implements or machinery used in, upon, for or about the
performance of the work contracted to be done, or for any work
or labor thereon of any kind, the said Surety will pay the same to an
amount not exceeding the sum above specified in this bond and also, in
case suit is brought upon this bond, a reasonable attorneys fee is to
be fixed by the Court.
This bond shall inure to the benefit of any and all persons, companies
and corporations entitled to file claims under the provisions of the
"Improvement ket of 1911", Division 7 pf the Streets and highways Code
of the State of California, and all such persons, companies a d
corporat�'ns and their assigns shall have a right of action in any suit
brought upon this bond.
Witness our hands and seals this 8th day of May, 195€,
The premium for this'
bond is included in
the Faithful Performance
Bond.
Gjv
Walter J. �r 1 (C &tractor)
as eriacipa
United States Fidelity and Guaranty Company
-hi and-U.- :Ro bbins, k orney-iia--fact.
The within and foregoing bond is to qr satisfaction, and I
hereby approve the same this 2 D th day of May, 1950.
L. W. COVERT, Superintendent of Streets
of the City of Newport Brach, California
TO CIOUAIT-1-M.
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awaraed tho contoract, hereby agrbs-, to E�tigri
c"or-t-ro.cl: .and :Nrirtish ths, twent;T-five ( 25)
,2,f ter U-s- 1"'Vot -pWo-, Op- o` of 6 0')atr.Pj-"6" ank' to
b aP i k 1 h f b, I i' t 5 0 O,ate o:Z 'h,,;
4'Awl of 'pia- CO2A-Iact.
The -tun&eTSIr-.-kSd live s:e:,aMare a7 ,d 4-he i0cat4o.,n, c)f -oro-c-ce,' -,or! ,
in Semiliax with `b"- PIF-110 —011d
e't the Place thv worl,:- is to t'c clon'f'.
Enc "b; 6 , . U . u . is - - I. IT
nr ��&AhizrOs ch4c�N '- O
Of the Bm"k' for
77 h i -1h is riot lezu thn-q ter. nc'.'i'.�:ate nt o,
bid, payable to lehe City which -"' s givel'i
zo & gunrw-taa ''b-&" ontsr Li. -Ito t3ne Ocor-tract 5- f aw'..rded.
to the ur-d'Ix--APv.vd
The uadormigned further ag-can thaA In caas Of defs;u1i'. iu v--O--u-
ting thg require& contract, tjith ---elthim thr, tim-c above
Datea this 1 950