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HomeMy WebLinkAboutReso 709-1938AGREEMENT FOR EXCAVATION OF CHANNELS COEMA CREEK THIS AGREEMENT, made this ~nd day of September, 19~8, between L. C. Smith, of the City of San Nateo, County of San Nateo, State of California, the party of the first part, hereinafter called the "contractor", and City of South San Francisco, a municipal corporation in the county of San Nateo, State of California, hereinafter called "city", WITNESSETH: WHEREAS the city has adopted the plans and specifications for the excavation of channels of Colma Creek in said city, which plans and specifications are now on file in the office of the city clerk of said city and are hereby referred to and made a part he~eof, and pursuant to a notice inviting sealed proposals, said contractor has submi~ed to said city council a proposal for excavating the channels of Colma Creek in said city and said proposal has been duly accepted by a resolution adopted by said city council on the 21st day of September, 1938; NOW, THEREFORE, said contractor, in consideration of the covenants and agreements on the part of said city herein contained, agrees to perform all the work of excavating said channels of Colma Creek and to surnish all labor and material necessary therefor. All work herein provided for shall be done in strict accordance with said plans and spacifications and under the supervision and to the satisfaction of the city engineer of said city. Said city, in consideration of the performance by said contractor of the things to be done and performed by said contractor under this agreement, agrees to pay to said contractor the following unit prices; Excavation of channels, six cents (~.06) per cubic yard; moving material for spoil bank, three and one-half cents (~5 per cubic yard. 0ne-half (1/2) ofsaid sum shall become payable upon the completion of the work here- in provided for, and the remaining portion of the money to become payable hereunder shall be paid to said contractor at the expiration of thirty-five (35) days following the completion of said work. Said contractor shall keep himself fully informed of all existing and future state, national and municipa~ laws, ordinances, rules aud regulations affecting in any manner the work herein provided for or the workmen employed thereon, or in any way affecting the con- duct of the work or any authority of bodies or tribunals or authorities having any juris- diction or any authority over the work. The contractor agrees to carry Workmen's Compensation Insurance to fully protect the interest of said contractor and that of said city against any damage suit which may be brought by workmen on account of any accident on or around the place where the work is going on. This policy shall be in conformity with the Workmen's Compensation Insurance and Safety Act of the State of California. If the contractor sh~l fail or neglect to effect and keep in force such insurance, the city may procure such insurance upon all~ workmen employed upon or in connection with the construction of the work herein provided for and ma2 deduct from the amount to become due under the terms of this contract any sum or sums of money which said city may pay as premium for such insurance. Said contractor hereby agrees that the prevailing rates of per diem wages and the general prevailing rates for legal holiday end overtLme work applicable to the work to be done are as follows: CLASSIFICATION RATE PER HOUR Dragline Operator (Shovel Type) Bulldozer Operator Oilers Laborers $ 1.50 1.50 1.00 Overtime work will be double the above rates. the above rates. Sundays and holidays (except watchman) double The following are to be cons~ered holidays: New Year's Day, Decoration Day, Indenpend- ence Day, Labor Day, Admission Day, Thanksgiving Day, Christmas Day, Saturdays and Sundays. Said contractor, and every sub-contractor under said contractor, agrees to pay not less than the said specified rates to all laborers, workmen and mechanics employed in the execution of this agreement. Said contractor shall forfeit as a penalty to the city of South San Francisco Ten Dollars ($10.00) for each laborer, workman or mechanic employed for each calendar day, or said channels of Colma Creek and to 'sUrnish aA1 labor and material necessary therefor. All work herein provided for shall be done in strict accordance with said plans and specifications and under the supervision and to the satisfaction of the city engineer of said city. Said city, in consideration of the performance by said contractor of the things to be done and performed by said contractor under this agreement, agrees to pay to said contractor the following unit prices; Excavation of channels, six cents ($.06) per cubic yard; moving material for spoil bank, three and one-half cents (~5 per cubic yard. 0ne-half (1/2) ofsaid sum shall become payable upon the completion of the work here- in provided for, and the remaining portion of the money to become payable hereunder shall be paid to said contractor at the expiration of thirty-five (35) days following the completion of said work. Said contractor shall keep himself fully informed of all existing and future state, national and municipal laws, ordinances, rules and regulations affecting in any manner the work herein provided for or the workmen employed thereon, or in any way affecting the con- duct of the work or any authority of bodies or tribunals or authorities having any juris- diction or any authority over the work. The co~tractor agrees to carry Workmen's Compensation Insurance to fully protect the interest of said contractor and that of said city against any damage suit which may be brought by workmen on account of any accident on or around the place where the work is going on. This policy shall be in conformity with the Workmen's Compensation Insurance and Safety Act of the State of California. If the contractor sh~l fail or neglect to effect and keep in force such insurance, the city may procure such insurance upon all~ workmen employed upon or in connection with the construction of the work herein provided for and ma~ deduct from the amount to become due under the terms of this contract any sum or sums of money which said city may pay as premium for such insurance. Said contractor hereby agrees that the prevailing rates of per diem wages and the general prevailing rates for legal holiday and overtime work applicable to the work to be done are as follows: CLASSIFICATION RATE PER HOUR Dragline Operator (Shovel Type) Bulldozer Operator Oilers Laborers $ 1.§0 1.60 leO0 Overtime work will be double the above rates. the above rates. Sundays and holidays (except watchman) double The following are to be cons~ered holidays: New Year's Day, DecoratiOn Day, Indenpend- ence Day, Labor Day, Admission Day, Thanksgiving Day, Christmas Day, Saturdays and Sundays. Said contractor, and every sub-contractor under said contractor, agrees to pay not less than the said specified rates to all laborers, workmen and mechanics employed in the execution of this agreement. Said contractor shall forfeit as a penalty to the city of South San Francisco Ten Dollars ($10.00) for each laborer, workman or mechanic employed for each calendar day, or portion thereof, such laborer, workman or m2chamic is paid less than the said atipulated rates for any work done under this contract by said contractor, or by any sub-contractor who may be engaged in said work. The time for completion of the wok under this agreement shall be within ninety (90) working days from the date hereof. Said contractor shall furnish and deliver to said city, upon the execution of this contract, a good and suficient bond in a sum not less than half (1/2) of the contract price herein expressed, in accordance withau act of the Legislature of the State of California, approve~ May 10th, 191~, entitled "An act to secure the paymenE of the claims of persons employed by contractors upon public works, and the claims of persons who furnish material, s~pplies, teams, implements or machinery used or consumed by such contractors in the per- formance of such works, and prescribing the duties of certain public officers with respect thereto ." i~e contractor shall furnish and deliver to the city, upon theexecution of tHscon- tract, a good and sufficient bond for the faithful performance of the contract in a sum not less than one-half (1/2) of said contract. Any laborer, workmen or mechanic employed at any time by the contractor, or by any sub-contractor under him upon the work, or upon any partthereof,shall not be required or permitted to work thereupon more than eight (8) hours in any one calendar day, except in c~se of extreme emergency by fire, fllod, or danger to life or property, and the contractor hereby agrees to forfeit as a penalty to the pity under t~e Serms ~f this contract ~e~mu~ of Ten Dollars ($10.00) for each laborer, wor~nan, or mecnanmc emp-oye~ mn ~ne execu~mon o~ said contract, for each and every calendar day during which any such mechanic, workman or la~orer is required or permitted to labor more than eight hours in violation of the provisions of Section 653c of the Penal Code of the State of California. Said contractor agrees that not person, firm, partnerhsip, association or corporation, or agent th~eof, doing any of the work herein provided for, as a contract¢ or sub-contractor, shall knowingly employ, or cause or allow to be employed thereo, an~ alien, except in cases of extraordinary emergency caused by fire, flood or danger to 1~. or property. Said contractor shall forfeit as a penalty to said city of South San Francis, Ten Dollars ($10.00) for each alien knowingly employed in the execution of such contra~ by him, or b~~ any sub-contractor under him for each calendar day, or portion thereof, du~ing which such alien is permitted 0F required to labor in violation of an act of the Legislature of the State of California, entitled: "an act to prohibit the employment o~ aliens by contractors and sub-contractors on all public work, except in certain cases of extraordinary emergency, providing for the reporting of such cases of extraordinary emergency and the keeping of records of the citizenship of workers employed upon publi. work and the inspection of such records by the proper officials, providing for a forfeiture for each calendar day or portion thereof, any alien is knowingly permitted ! work on public work and for a sti~ulation to this effect in the contract, and providin~ other penalties for violation of the provisions thereof", approved ~ay 25, 1931, Statutes of 1931, page 913. Said contractor agrees that he will use or supply only such unmanufactured articles , materials, and supplies as may have been mined or produced in the United States and only such manufactured articles, materials or supplies as have been manufact in the United States substantially from all articles, materials or supplies, mined, produced, or so manufactured, as the mase may be, in the United States, excepting only where such articles, materials, orsupplies of the class or kind to be used, or the articles, materials or supplies from which they are manufactured are not mined, pro- duced or manufactured, as the case may be, in the Nnited States, as required by an act of the Legislature of the State of California entitled: "an Act to require the use of materials and supplies substantially produced in the United States, in public work and for public purposes"; Chpater 226 of th~ Statutes of California, 193~. IN WITNESS WHEREOF said party of the first part has caused this agreement to be executed by its prper officers, first thereunto duly authorized, and said city has caused the corporate name of said City of South San ~¥ancisco to be subscribed by its mayor and its corporate seal to be affixed by its clerk, all as of the day and year first above written. L. C. Smith Party of the First Part City of South San Francisco A. J. Eschelbach Mayor of said city. Attest: Daniel McSweeney City Clerk by Elizabeth 0t tenfield Deputy (Seal)