HomeMy WebLinkAboutReso 936A-1944418
DOELGER BUILDER INC.
THIS AGREEmeNT, made this 14th day of~prit, 1944, between HENRY DOELGER BUILDER
INC., a corporation, the party of the first part, hereinafter called the "contractor",
and CITY OF SOUTH SAN FRANCISCO, A municipal corporation in the County of San Mateo,
Btate of California, hereinafter called "city", WITNESSETH:
WHEREAS the city has adopted plans and specifications for the construction of
sanitary sewers and manholes at the places shown on the plans adopted by the City Council
of the said City of South San Francisco, on the 14th day of March, 1944, for the improve-
ment of MaYfair Village in said city, for the improvements in and adjacent ~Jo the land
shown upon the above mentioned plans, from the suutherly line of South Canal Street
approximately ~8~ feet westerly from the westerly line of South Magnolia Avenue, north~ly
140 feet to the proposed manhole in North Canal Street; thence easterly in North Canal
Street to the proposed manhole in the intersection of North Canal Street and South
Spruce Avenue; thence northerly in South Spruce Avenue to an existing manhole 560 feet
from the l~st mentioned proposed manhole, which said specifications have been amended
and, in the amended form, said 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 hereof, and
pursuant to a notice inviting sealed proposals, said contractor has submitted to sa~d
city council a proposal for the construction of such sewers and manholes, and said pro?
posal has been duly accepted by a reeolution adopted by said city council on the 3rd
day of April, 1944;
Now, therefore, said contractor, in consideration of the covenants and agree-
ments on the part of said city herein contained, agrees to perform all said work and
to furnish all labor and material necessary ~herefore. Said work shall consist of the
construction of sanitary sewers and manholes at the places shown on the plans adopted
by the City Council of the City of South San Francisco on the 14th day of March, 1944,
for the improvement of Nayfari Village in said city, as said specifications were here-
tofore amended, for the improvements in and adjacent to the land shown upon the above
mentioned plans, from the sourtherly line of South Canal Street approximately kSV feet
westerly from the westerl~ line of South Magnolia Avenue, northerly 140 feet to the
proposed manhole in North Canal Street; thence easterly in North Canal Street to the
p~oposed manhole in the intersection of North Canal Street and South Spruce Avenue;
thence northerly in South Spruce Avenue to an existing manhole 560 feet from the last
mentioned proposed manhole.
All work herein provided for shall be 8.one in strict accOrdance with said plans
and specifications and under the supervision aud to the satisfaction of the Works
Engineer of said city.
Said city, in consideration or'the performance by said contractor of the thins to
be done and performed by said contractor under this agreement, agrees to pay to said
contractor the following unit prices: 1. Eight inch vitrified clay pipe s~wer, One and
65/100 Dollars (~$1.65) per lineal foot; ~. Ten inch vitrified clay pipe sewer, Two
Dollars (~.00) per lineal foot; 3. Ten inch vitrified clay pipe sewer laid on red-
wood planks bedded on gravel, Two and 90/100 Dollars (~k.90) per lineal foots 4. Brick
manholes, One Hundred Twenty-five Dollars ($1k5.00! each
0ne-half (l/k) of the sum of money payable under this agreem~n~shall become payable
upon the completion of the work herein provided for, and the remaining portion of the
money to become payable hereunder shall be paid to said contractor at the expiration of
thirty-five (3~) days following the completion of said work.
The time of completion of the wOrk under this agreement shall be within Sixty (6G)
working days from the date hereof.
Said contractor shall furnish and deliver to said city, upon the execution of t
this contract, a good and sufficient bond in a sum not less than one-half (l/M) of the
contract price herein expressed, in accordance with an act of the Legislature of the
State of California, approved May 10th, 1919, entitled "An act~to secure the payment of
the claims of persons employed by contractors upon public works, and the claims of
persons who furnish material, supplies, teams, implements or machinery used or con-
sumed by such contractors in the performance of such works, and.prescribing the duties
of certain public officers with respect thereto."
The contractor shall furnish and deliver to the city, upon the execution of this
contract, a good and sufficient bond for the faithful performance of the contract in a
sum not less than one-$alf (l/k) of said contract price.
Any laborer, workman or mechanic employed at any time by the contractor, or by
any sub-contractor under him upon the work, or upon any ~art thereof, shall not be re-
quired or permitted to work thereupon more than eight (8) hours in any one calendar day,
except in case of extreme emergency by fire, flood, or danger to life or property, and
the contractor hereby agrees to forfeit as a.penalty to the city under the terms of
the City Clerk of said city and are hereby referred to and made a part hereof, and
pursuant to a notice inviting sealed proposals, said contractor has submitted to sa~d
city council a proposal for the construction of such sewers and manholes, and said pro?
posal has been duly accepted by a reeolution adopted by said city council on the 3rd
day of ~pril, 1944;
Now, therefore, said contractor, in considerationof the covenants and agree-
ments on the part of said city herein contained, agrees to perform all said work and
to furnish all labor and material necessary ~herefore. Said work shall consist of the
construction of sanitary sewers and manholes at the places shown on the plans adopted
by the City Council of the City of South San Francisco on the 14th day of Narch, 1944,
for the improvement of Nayfari Village in said city, as said specifications were here-
tofore amended, for the improvements in and adjacent to the land shown upon the above
mentioned plans, from the sourtherly line of South Canal Street approximately 287 feet
westerly from the westerl~ line of South. Magnolia Avenue, northerly 140 feet to the
proposed manhole in North Canal Street; thence easterly in North Canal Street to the
p~oposed manhole in the intersection of North Canal Street and South Spruce Avenue;
thence northerly in South Spruce AVenue to an existing manhole 560 feet from the last
mentioned proposed manhole.
All work herein provided for shall be done in strict accordance with said plans
and apecifications and under the supervision and to the satisfaction of the '~orks
Engineer of said city.
Said city, in consideration or'the performance by said contractor of the thins to
be done and performed by said contractor under this agreement, agrees to pay to said
contractor the following unit prices: 1. Eight inch vitrified clay pipe s~wer, One and
65/100 Dollars (~i~1.65) per lineal foot; ~. Ten inch vitrified clay pipe sewer, Two
Dollars (~9.00) per lineal foot; 3. Ten inch vitrified clay pipe sewer laid on red-
wood planks bedded on gravel, Two and 90/100 Dollars (~?.90) per lineal foot; 4. Brick
manholes, One Hundred Twenty-five Dollars ($175.00~ each
0ne-half (1/?) of the sum of money payable under this agreemem~shall become payable
upon the completion of the work herein provided for, and the remaining portion of the
money to become payable hereunder shall be paid to said contractor at the expiration of
thirty-five (35) days following the completion of said work.
The time of completion of the wOrk under this agreement shall be within Sixty (6~)
working days from the date hereof.
Said contractor shall furnish and deliver to said city, upon the execution of t
this contract, a good and sufficient bond in a sum not less than one-half (1/2) of the
contract price herein expressed, in accordance with an act of the Legislature of the
State of California, approved May 10th, 1919, entitled "An act. to secure the payment of
the claims of persons employed by contractors upon public works, and the claims of
persons who furnish material, supplies, teams, implements or machinery used or con-
sumed by such contractors in the performance of such works, and .prescribing the duties
of certain public officers with respect thereto."
The contractor shall furnish and deliver to the city, upon the execution of this
contract, a good and sufficient bond for the faithful performance of the contract in a
sum not less than one-$alf (l/M) of said contract price.
Any laborer, workman or mechanic employed at any time by the contractor, or by
any sub-contractor under him upon the work, or upon any part thereof, shall not be re-
quired or permitted to work thereupon more than eight (8) hours in any one calendar day,
except in case of extreme emergency by fire, flood, or danger to life or property, and
the contractor hereby agrees to forfeit as a penalty to the city under the terms of
this contract the sum of Ten Dollars (~10.00) for each laborer, workman, or mechanic
employed in the execution of said contract, for each and every calendar day during
which .any such mechanic, workman or laborer is required or permitted to labor more than
eight (8) hours in violation of the provisions of Article 3 of the La, or Code of the
State of California.
Whenever said city shall request said contractor to perform any extra work not
provided for in said specifications, the performance of which extra work will not
materially' change the general intent of this contract, said contractor agrees to perform
such extra work. Said contractor shall receive therefor the actual costs of such
extra work, and in addition to such costs a sum of money equal to ten (10) per cent
thereof. The furnishing of such extra labor shall not vitiate this contract.
Said contrsctor 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 conduct of the work or any authority of bodies or tribunals or authorities
having any ~urisdiction or any authority over the work.
41
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 work-men on account of any accident onoor~:arodndtthe 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 shall fail or
neglect to e~fect and keep in forch such insurance, the city may procure such insurance
upon all workmen employed upon or in connection with the construction of the work here-
in provided for and may 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:
PER HOURLY
CLASSIFICATION DIEM WAGE WAGE RATES
Bricklayers - 6 ~our day.
Hodcarriers - 6 hour day
Trenching machine operator
Pipelayer
Laborers, skilled
Laborers, contmon
Truck d~ver
11.00 $
9.00 1.50
13.00 1.62~
10.00 1.25
8.80 1.10
'7.60 0.95
8.00 1.00
Guards, wa~hbw~_n and other common labor, not less than $0.90 per hour.
The rate for any employee not listed in the above schedule shall not be less
than $1.10 per hour for skilled labor, ~$0.95 per hour for intermediate labor and
$0.90 per hour for unskilled.
Overtime work will be double the above rates.
watchmen) double the above rates.
Sundays and holidays (except
The following are to be considered holidays: New Year!s Day, Decoration Day,
~Independence ~ay, Labor Day, AdmisSion Day, Thanksgiving Day, Christmas Day, Saturdays
and Sundays.
Said contractor shall forfeit as a penalty to the City of South San Francisco
Ten Dollars (,i~10.00) for each laborer, workman or mechanic employed for each calendar
day, or portion thereof, such laborer, workman or mechanic is paid less than the said
stipulated rates for any work done under this contract· by said contractor, or by any
sub-contractor who may be engaged in said work.
Said contractor agrees that no person, firm, partnership, association or cor-
poration, or agent thereof, doing any of the work herein provided for, as a contractor
or sub-contractor, shall knowingly employ, or cause or allow to be employed thereon,
any alien, exc~Dt in cases of extraordinary emergency caused by fire, flood or danger
to life or property.
Said contractor shall forfeit as a penalty to said City of South San Francisco
Ten Dollars (.~10.00) for each alien knowingly employed in the execution of such contract
by him, or by any sub-contractor under him for each calendar day, or portion thereof,
during which such alien is permitted or required to labor in violation of Article 4 of
the Labor Code.
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, and supplies as have been manufactured
in the United States, submtantially from all articles, materials or supplies mine~,
produced, or so manufactured, as the case may be, inthe United States~, excepting only
where such articles, materials, or supplies of the class or kind to be used, or the
articles, materials or supplies from which they are manufactured are not mined, produced
or manufactured, as the case may b6, in the United States, as required by an act of th~
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".; Chapter ~6 of the Statutes of California, 1933.
IN WITNESS WPH~REOF, said party of the first part has caused this agreement to be
executed by its proper officers, first thereunto duly authorized, and said city has
caused the corporate name of said City of South San Francisco to be subscribed by its
mayor, and its corporate seal to be affixed hereto by its clerk, all as of the day and
year first above writeen.
H~NRY DOELGER DUI LDER INC.
By Henry Doelger
President
Attest:
A.L. Porter
CITY OF SOUTH SAN FRANCISCO
Attest:
By G.W. Holston
~iayor of said city.
Daniel McSweeBe~__
City Clerk