1952-20091
2
3
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7
8 to be pu7elished in a newspaper of general iroulation printed,
9 nublishe end. 0 4 reulelee0 Ir. the. .r1 If knalleim to wit The
10 4naheim 31111etin, on the net day of July and the 6th day of
11 ugut 1252, a notice inviting sealed proposals. for furnlehing
12 following:
13 I
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15
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19.
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CITY OF ANAHEIM
204 E. CENTER ST.
ANAHEIM. CALIFORNIA
RESOLUTION NO,
A R$JLTJTI0N 0? THE CITY COUNCIL CF TME CITY OF
'.1NAJAZIT LL 0Dt AN.Te AWn.P:OING
A. IONTRACT TO 1ST ip Re:SPOILS-IF:LT BIM. FOR
7 1,.'LL PLANT,. LABOR, StRY1')1.5 MATRINL
AND 1!",- AND ALL UTILITIES AND TRANSPORTATION„
INCLUDING polezR, FUTI AND '.',.AltR„ AnD P.OFORMING
ALL WOR.Z. :flt.E2SARTT* T 1 AT!..1'D CONPLtTE
TRUll1( $74WTT 00MT-407LT K.N.'.01Z NS V IVECSIZNT A,VEr71.1:
Trmrir
WHET3TA.„ the City Council of the. City of Anaheim did cauie
n.11 plant„ labor, services, materials and equipment,
all utilities and tranaportation„ including power,
fuel and water, nd performing all work necessary to
construct and complete in good and workmanlike
anner, tn strict accordance with the specifioations,
plans and drawings therefor on file in the office of
the City Clerk e1 the City of Nnabeim, of a trunk
SGT comnencin at Euclid '‘venue and Crescent Avenue
and extending eastwardly along said Crescent Avenue
to Loara ,Street, and the following sewer mai n. laterals
on Loara Street from a point 1760 feet south of
Crescent Avenue to West 3ortb 2treet, on 'Jest North
street from Loara Street to a point appro'Uniately 160
feet west of North Weot Street and on Furton '.treet
from Loara Street to a point approximately 160 feet
west of North West Street, including manholes, meter-
ing structures and appurtenant work.
22 in accordance with the design, plans, profiles and speoifications
23 prepared by the A.ty Tngineer„ and
24 WHEREAS, said notioe inviting sealed proposals for said
25 public ewer improvements did provide that said sealed proposals
26 would be received by the City Council of the City of at
27 the effice of the City Clerk of said City up to the hour of 8v.:'
28 ololoek P.M. on the 12th day of August, 1952, for the furnishing of
29 all plant, labor, services, materials and equipment and performing
30 all work as hereinabove elore parti ularly described, and which said
31 notice did state and declare that puruuant to the provisions of
32 3ection 177O of the Lator Code, the City Council of the City of
18
19
20
JiAnsheim had ascertained the prevailing rate of wag in the local
2 in which this type of labor is to be perforw;d for each type of
3 labor needed to execute said contract and construct and complete
4 said installation„ and did set forth the prevailing hourly wage
5 scale so ascertained, and
6 1 WIEREA8 the City Council of the City of Anahei did re-
7 Iceive the following sealed proposals prior to 8:00 otolock P.M. on
8 lAugust 12 1952 in response to said notice inviting sealed proposals
r,
for the Irnishing of all plant, labor, services, materials and
10 !equipment and all utilities and transportation, including power,
11 fuel and water and oertorming all work aforesaid necessary to con.-
12 atruat and complete, in a good and workmanlike manner in stri t
13 laccordnee detailed design, p/ans, profiles drawings and
14 Hapecifications for the construction and completion of said Crescent
15 Avenue Trun Sewer and Laterals, to wit
16
J. F., Popovtah
-L( Torrance, Oaliforria,
2 1 Bask() I Bredarioh Company
rto-,
o Californiu
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James T. Ga lacher
25 Otta, Mesa, UlifoTnia
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27
28
29 Book() Zagineering 3ompany
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31
32 1!
CITY OF ANAHEIM 11
204 E. CENTER ST.
ANAHEIM, CALIFORNIA !I
Item 1
Its 2
Item
it 4
Itsfn 9
Item 1
Item 2
Ttem 3
Item 4
'ten
5
Item 1
Item 7
Item 3.
Item 4
Item 5
Ttem 1
iten
item 3
Item. 4
It 5
Tot
.25
4.85.
5.25
22.00
875.00 439
3., 5
6400
rg
.41 :4,16;
1450.00
4.75
6.50
150
?.45
25.00
150.00
39985.67
47 41.27
55,172.83
1
2
3
4
5
CITY OF ANAHEIM
204 E. CENTER ST.
ANAHEIM. CALIFORNIA
1 113
4HZRZAG* the Uity Council did thereupon refer said bids to
the city ;Lnginser for examination„ tabulation and report to the
6 City Council and said City Zngineer did thereupon proceed to exam
7 ine and tabulate said bids and did thereafter, prior tu the adjourn
8 merit of said meeting on the 12th day of August 1952. make his
9 report of his examination and tabulation of said 'sled proposals
10 to the City Uounail„ and
11 WHEREAS the Oity Council of the City of Anaheim does hereb
12 find that the sealed proposal nand ted by J. E. Popovich„ P.O. Box
13
Torrance.:alifornia„ for the construction, installation and
14 c ompletion of said Crescent Avenue Trunk Sewer and Laterals h,
151 above more particularly described and net forth, is t] lowest
16 responsible proposal sumitted for the furnishing of all plant
17 labor aarvi. Jlaterials and equipment, and all utilities and
18 transportation, including power, 4 7 11 4 and water, and Rzrforming all
19 work neaessary tc ::onstruct and complete, in a good and workmanlike
20 manner„ in strict aoctordanoe with the specifications, plans and
21 drawing s. therefor prepared by the City 1 1 -';ngineer and on file in the
22 offioe oi the Jity of the liLy of Anahei'q together with the
23 appurtenanoes thereto as v)4cified in the notile inviting sealed
24 ppoa1 and it a1i 0..f.u)osa1 of said J. .opoviah should be
25 1 1 aooeptei and a contract avrarded to him in
26 1
27
lisealed proposal is the:lowest Proocal received and that the per
28 11
1 submitting said proposal is a responsible person and that the
29 1 1 proposal submitted is the beet suited and fitted for the public
30
I to be construct d.
31
32 1
iCitY
Item 1 5.30
Item 2 5.90
Item 3 6,50
Item 4 190.00
Item 5 1200.00
47 919.71
..ordance therewith, and
WHIJAZAS, the ':„Iity Ocancil finds that the above mentioned
THI7iRrOR BF, TT R014Vgil by the lity CR:m=11 of the
of Anaheim that the sealed proposal submitted by J. E. Popovict
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9
30
CITY OF ANAHEIM
204 E. CENTER ST.
ANAHEIM. CALIFORNIA 1
1, P.O. or 261, Torrance, ealifornia„ for the furnishing of all plant,
1
2 1 labor, services, materials and equipment, and all utilitiee and
3 ,transportetion, including power,. fuel and water, and performing all
4 1 work necessary to construot and complete, in at good and workmanlike
manner, in triot aocordance with the epecifemtion4 plans and
drawinge therefor on file in the office of th 1ty Caerk of the
Jity of \naheim, together with the appurtenances thereto as speci-
fied in the notice inviting sealea proposals and in tee detailed
desisn„ plans, profiles drawings end speeifications as prepared by
10 the '3ity 'Engineer, of the Oreec nt Avenue Trunk ewer and Laterals,
11 be and the same ie hereby, acoepted, and that a contract for the
12 oenstruction and completion of aaid Oreseent Avenue Trunk Sewer and
13
Ileaterale„ la accordance with sad plans and specifieatione and the
14 uoi ee eavitine, eeeled propoeals and the proposal submitted by said
15
1611
171
18
31 1 ful performance
32 amount eqUal to
17 dthe Oity ttrnay u2ois, tern,a 1rd codlt!ons specified In
20 prosalt, and the pr aubmitted by
21 i-t rnd the lerc ard specifications to said trunk
22 eewer and liter ,as heretabove laser:I:cad and In '_,..ccordance with the
23 terec„ somlitionc ard prttrlsions If this reeciltion with tho Oity
24
f Inacelm it.nd that said j. Po7wich te whom this contract is
25 11 awarded shall b required to 'furnish a '.1.11ety 1)oni1 in ai amount
26
lloquil to olio hundred der cent 0.00' of the price for all
27 Hiabor, mata-ials qnd eu pm,nt ,tu furnished snd 'work to be per-
28
j .zorated ar! aet forth In the sealed proponal suboitted by ead
29
dlAdder for the cons ruction o cid trunk sewee and laterals,
toethar with the eppurtscances thereto„ as
POpovioh be and the same is hereby, awarded to the said J.
Pal:14'113h, P.O. Doi Tortarce C":,'slifornia and
Et fT RA71.40LTJED that the said J. Popovioh be and
he is hereby, required to execute a contreot„ in a form approved by 1
1
eeeurity for the faith-
of said sontraot an a senarate surety bond in an
one hundred per eent (1004) of the construction
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7
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9
a, -i
1111 A1T1n St IT 'UT min RESOLTO that the ayor and the (.3
12 1 b and they aro hexey„ autnorized to. mako execute and enter tnte
1
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cost of said trunk sewer anti la erals covered by said contract„ as
security for the payment of all persons performing lbor and fur-
nishing matrials for said iproject.
AND TX IT FURTHER
R17= that said. J. E. Popovich be and
he is hereby, required to furnish to the City of Lneheir IL cot-
pantos satisfactory to the ..City of Anaheim., public, 11Ability„
property damage, compensation and. other insurance in the amounts
and for the purposes az set forth and specified in. the nctios
inyitin sealed proposals and to the. apprOval of the. Oity 1 i-ttorney
for and on behalf o the lit. of: Anaheim., a writtec contract with
14 said Al. 7 ovich for the fornis'ain,:: cf all plant lat,cr meter
15 1
iiale and ivoipment„ and performing all work as hereinabove more
16
!particularly described ior the constraction.„ inetallation and
17 11 com p lotion of said Crescent f,venue '.runk Z ahi lateris herein
1811
haoove more particularly described„ upon the terms and conditions a
19 H
speoified in the notice inviting sealed proposals the detailed
on 11
desipm plans profiles and drawing's and the general speeifi ations
0
21;
and detailed specifications and drewiags ana ail addeaaa theret0
22 and all modificstions incorporated thtrein prior to the dte of
2311
1 opening of bids as prepared by the ity 3x16ineer and oh file in the
24 1
1office of The C:ity °Jerk of the City of Anaheim :i.nd in strict
1
25 accordance with the terms„ conditions and provisions of this reso-
26h lotion., and in the form of contract approved by the 'ity Attornei.
271!
28 11 IZtb day of Augost, 1,1;58.
29
30
31 ATTUP
321
1 cs THE
CITY Or ANAHEIM 11
204 E. CENTER ST. 11
ANAHEIM. CALIFORNIA H
rft: FitaT&I.A) RI5OLl1a is signed and approved by me this
STATE OF C _LI�'OFJ I:.
t r I Y ORANGE
rr
COUI:.L.� Or Oln_, E
CITY OF AITArEIH
NOES: COUIIC IL:LEK
AESEI?T: COUNCIL:E N:
s s.
I, CHARLES E GRIFFITH, City Clerk of the City of
Anaheim, do hereby certify that the foregoing Resolution
eras passed and adopted at a regular leeting of the City
Council of the City of Anaheim held on the day of
19 by the follo vote of the members
thereof:
AYES: COUETCIL :LIT: P an, =3aser, Heyinp,,
amoner.
AND I FURTHER CERTIFY that the iiayor of the City
of Anaheim signed and approved said Resolution on the
day of m 19
IN 'JIT TESS WHEREOF, I have hereunto set my hand
and affixed the seal of•the City of Anaheim this day
of .0 ct 1952,
AGREEMENT
THIS AGREEMENT made and entered into this 15th day of
August 1952 by and between the
CITY OF ANAHEIM, a municipal corporation of the
Sixth Class of Orange County, California, here-
inafter referred to as the
A
N
D
J. E. POPOVICH, an individual
Party of the First Part,
hereinafter called an referred to as "CONTRACTOR",
Party of the Second Part.
"'ITNT'SSFTH:
'4.L:13EAS, the City Council of the City of Anaheim has hereto
tore by resolution, duly passed and adopted, approved and authorized
the construction of the following public improvement, to wit:
All plant, labor, services, materials and equipment, all utilities
and transportation, including power, fuel and water, and performing
all work necessary to construct and complete in a good and workman—
like manner, in strict accordance with the specifications, plans and
drawings therefor on file in the office of the City Clerk of the City
of Anaheim, of a trunk sewer commencing at Euclid Avenue and Crescent
Avenue and extending eastwardly along said Crescent Avenue to Loara
Street, and the following sewer main laterals on Loara Street from a
point 1760 feet south of Crescent Avenue to West North Street, on
West North Street from Loara Street to a point approximately 160 feet
west of North West Street and on Burton Street from Loara Street to a
point approximately 160 feet west of North West Street, incl sing*
in accordance with the design, plans, profiles, drawings and /or
specifications prepared by the City Engineer
and
WHEREAS, the City Council of the City of Anaheim duly caused
to be published a notice as required by law on the 31st day of July
and the 6th day of August 19 5y inviting sealed pro
rosals for the furnishing of all plant, labor, services, materials
and equipment, and all utilities and transportation, including power
fuel and water, and performing all work necessary to construct
manholes, metering structures and appurtenant work.
and complete in a good and workmanlike manner, in strict accordance
with said plans and specifications on file in the office of the City
Clerk of the City of Anaheim of said public improvement hereinabove
mentioned and described, which notice specified that such sealed
proposals would be received until 8:00 o'clock P.M. on the 12th day
of August 1952, and which said notice did state and
declare that pursuant to the provisions of Sections 1770 of the Labor
Code, the City Council of the City of Anaheim had ascertained the
prevailing rate of wages in the locality in which this type of labor
is to be performed, for each craft or type of workman or mechanic
needed to execute the contract and would set forth the prevailing
haurly wage scale so ascertained; and
PIH R TAS, the City Council of the City of Anaheim did duly
convene in a
public hearing on the 12th day of August
at the hour of 8:00 o'clock P. .M. and did at said time
and place receive all sealed proposals filed or submitted up to
8:00 o'clock P..M. of said date and did thereupon refer all
sealed proposals to the City Engineer
for tabulation and report; and
WHFRFAS, the City Engineer
did thereupon duly tabulate all of the sealed proposals so received
and did make a report to the City Council; and
WHERT'AS, the City Council of the City of Anaheim did find
ghat the sealed proposal of the Party of the Second Part for the
.f rnishing of all plant, labor, services, materials and equipment,
all utilities and transportation, including power, fuel and
w ter, and performing all work necessary to construct and complete
the above described public works and improvement in strict accordanc
with the design, plans, profiles and specifications for said public
works and improvement prepared by the City Engineer
-2-
regular session and hold a
19 52
and on file in the office
of the City Clerk of the City of Anaheim, was the lowest responsible
proposal submitted for the furnishing of said plant, labor, services,
materials and equipment, and all utilities and transportation,
including power, fuel and water, and performing ell work necessary
for the construction of said public improvement as specified in the
notice inviting sealed proposals; and
WHFRFAS, the City Council of the City of Anaheim did, on the
12th day of August 19 52, adopt Resolution
re. 2009 accepting the sealed proposal of, and awarding to, the
Party of the Second Part the contract to furnish all said plant,
labor, services, materials and equipment, and all utilities and
transportation, including power, fuel and water, and performing all
work necessary to construct and complete the hereinabove described
public improvement or works in strict accordance with the design,
plans, profiles and specifications for said public works and improve-
ment prepared by the City Engineer
and on file in the office of the City Council of
the City of Anaheim for the construction and completion of said
public works and improvement above described in accordance with the
notice inviting sealed proposals, the plans and specifications, the
instructions to bidders, and in accordance with the written contract
to be made and entered into, by and between, the City of Anaheim and
ssid contract in the form, a copy of which is on file in the office
of the City Council of the City of Anaheim.
NOW, THFREFORF, FOR AND IN CONSIDT'RATION OF THE MUTUAL COVEN-
f NTS AND PROMISPS OF THE PA.RTIrS HFRFTO AND UPON THE FXPRFSS TF'RMS
AND CONDITIONS HERFINAFT7R SFT FORTH, IT IS AGREED BY AYD BFTWTrFN
THEM, AND EACH 7 ITH THE OTHER, AS FOLLOWS!
FIRST: That the complete contract shall consist of and
Include the following documents, all of which from 2 to 13 inclusive
shall be, and are hereby, incorporated by reference and made a part
hereof as fully as if set out in full herein:
1. This Agreement.
2. The resolution adopted by the City Council of the City
of Anaheim approving the design, plans and specifica-
tions for said public improvement and works, prepared
by the City Engineer
and authorizing and approving the construction thereof,
together with all addenda thereto and modifications
incorporated therein prior to the opening of bids.
3. Resolution No. 1942 of the City Council of the City of
Anaheim ascertaining and determining the general pre-
vailing wage of per diem wages in the locality in which
the work is to be performed for each craft or type of
workman or mechanic needed to execute the contract.
4. The notice inviting sealed proposals published by the
City of Anaheim on I= July 31 and August 6=1,9mx
itifxnmerx 1952
5. The Instructions to Bidders.
6. The Bid Form.
7. The accepted. proposal.
3. The design, plans, profiles, drawings and the general
specifications and the detailed specifications and
drawings and all addenda thereto and all modifications
incorporated therein prior to the date of the opening
of bids as prepared. by Georzes...c_tty. Engineer
and on file in the office of
the City Clerk of the City of Anaheim.
9. Resolution No. 2009 adopted by the City of Anaheim,
accepting the sealed proposal of the contractor and
awarding the contract for the public improvement herein
described.
10. The Bid Security Form for check or bond.
11. The Faithful Performance Bond.
12. The Labor and Material Bond.
13. The Non Collusion Affidavits.
14. The insurance policies and certificates as specified in
the notice inviting sealed proposals.
All contract documents and plans are intended to cooperate
and be coordinated so that any one called for in any one not men
tioned in the other or vice versa, is to be executed the same as if
mentioned in all contract documents and set forth in the specific-
Ions and drawin ;s
SFCCND: The said Contractor agrees to furnish all tools,
equipment, apparatus, facilities, plant, labor, services and mater-
-4-
ials and all utilities and transportation, including power, fuel and
water, and perform all work necessary to construct and complete in a
good and workmanlike manner said public improvement and works herein-
above mentioned and particularly described, together with the appur-
tonances thereto at the location specified in the general and detail
plans and specifications and in the manner designated and in strict
conformity with the notice inviting sealed proposals, the proposal
submitted and accepted, and said general and detail plans and speci-
fications adopted by the City Council of the City of Anaheim as afore-
said, and all contract documents hereinabove referred to. It is
understood and agreed that all said plant, labor, services, materials
and equipment shall be furnished and said work performed and complet-
ed by the Party of the Second Part as an independent contractor, sub-
ject to the inspection and approval of the Party of the First Part,
its Ci_t Fngineer, Field engineers or inspectors or their representa-
tives.
THIRD: For and in consideration of the furnishing by said con-
tractor as herein provided of said tools, equipment, apparatus, fac-
ilities, plant, labor, services and materials and utilities and trans-
portation, including power, fuel and water and the performing of all
work for the construction, installation and completion in strict
accordance with the plans and specifications hereinabove referred to
and the contract documents of said public improvement and works as
hereinabove described, together with the appurtenances thereto, said
contractor shall be entitled to receive and shall be paid by the City
of Anaheim, and the contractor agrees to accept in full satisfaction
therefor the sum of 39,441.06
thereto or deductions therefrom which may be made in accordance with
the provisions of the contract documents, which sum shall be paid at
the times and in the manner set forth in the specifications and
-ddenda thereto or modifications thereof prepared by George S.
Holyoke, City Engineer
oponi.ng of bids.
-5-
subject to any additions
prior to the
FOURTH. The contractor agrees that he will pay to every
laborer or mechanic employed by him not less than the prevailing
rate of per diem wages and rates for legal holidays and overtime
work, which rates are shown and set forth in the notice inviting
sealed proposals and in Resolution No. 1942 above mentioned, which
prevailing rates or wages so ascertained and determined and so
specified are incorporated herein by reference and made a part hereof
the same as though sat out in full herein.
Pursuant to the provisions of Section 1775 of the Labor Code
f the State of California, the contractor shall forfeit as a pen-
alty to said City of Anaheim the sure of 0_0.00 for each calendar day
or portion thereof for each laborer, workman or mechanic employed
and paid less than the stipulated rates for any work done under the
contract by him or any sub contractor under him in violation of the
provisions of this agreement.
FIFTH. light (8) hours of labor shall constitute a legal days
work upon all work done hereunder, and it is expressly stipulated
that no workman employed at any time by the contractor or by any
sub contractor under this contract upon the work or upon any part of
the work contemplated by this contract shall be required or per
mitted to work thereon any more than eight (8) hours in any one day
except as provided in Sections 1810 to 1817, inclusive, of the Labor
Code of California. All of the provisions whereof are deemed to be
incorporated herein, and it is further expressly stipulated that for
L,ach and every violation of said last named stipulation, said con-
tractor shall forfeit as a penalty to the said City of Anaheim r10,
for each workman employed in the execution of this contract, or any
sub contractor under this contract, for each calendar day during
i .'ich any workman is required or permitted to labor more than eight
(8) hours in violation of provisions of said sections of the Labor
Code.
The Contractor shall keep full, true and accurate records of
ha names ar (f. .4 ur worked by the respective workers and
-6-
laborers employed under this contract and shall allow access to the
same at any reasonable hour to the City, its agent or representatives
and to any person having the authority to inspect the same as contem-
plated under the provisions of said Labor Code.
SIXTH: The Contractor, or any sub contractor doing or sub-
contracting to do any of the work contemplated by this agreement,
shall not knowingly employ on Laid work any alien, except in case of
extraordinary emergency 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 Anaheim the sum of Ten Dollars (010.00) for each
alien employed by him or by any sub contractor under him, in the
execution of this contract, for each and every calendar day or por-
tion thereof during which such alien is knowingly employed, or caused
or allowed to be employed.
S 'V NTH: The contractor shall comply with all of the provi-
sions of Sections 1850 to 1854 inclusive of the Labor Code of Calif-
ornia.
EIGHTH: The contractor agrees to commence the work provided
for herein immediately following the execution of this agreement and
to continue in a due and diligent workmanlike manner without inter-
ruption and to complete the work within forty (40) days (exclud-
ing Sundays and holidays) from and after the execution of this agree-
ment.
NINTH: All tools, equipment, apparatus, facilities, plant,
labor, services, and material shall be furnished and work performed
Ind completed subject to inspection, the final approval and accept-
ance of the City or its authorized representatives.
TENTH: Should any dispute arise respecting the true value of
any work omitted or of any work which the contractor may be required
to do, or respecting the size of any payment to the contractor,
luring the performance of the contract, said dispute shall be doom'....
by the Engineer of the Party of the First Part, subject to the
approval of the City.
-7-
uLEV PITH. The Contractor shall at all times maintain proper
facilities and provide safe access for inspection by the City, its
engineers or representativ;s to all parts of the work and to the
jobs wherein the work is in preparation, 'There the specifications
require work to be specially tested or approved, it shall not be
tested without timely notice to the City of its readiness for in-
spection and without the approval thereof, or consent thereto by
the latter.
T ?•1F,LFTH. The contractor shall carry public liability and
property damage insurance in an amount not less than 50,000.00 for
injuries, including accidental death, for any one person, and sub-
ject to the same limit for each person in an amount not less than
Two Hundred Fifty Thousand Dollars on account of any
one accident/ and property damage insurance in an amount not less
than Fifty Thousand (i5O,000,00). The Contractor shall also take
out and maintain during the life of this contract, workment s compen-
sation insurance covering all his employees on the project in a
company satisfactory to the City and shall furnish to the City
certificates issued by such companies showing that all of the above
mentioned insurance has been issued and is in full force and effect
prior to commencing work on such project. The Contractor shall be
responsible for the insurance coverage as herein provided of all
employees of any sub contractors.
In case any employees engage in hazardous work under this
contract and are not protected under the workman's compensation act
the contractor shall provide or cause to be provided, appropriate
insurance for the protection of all such employees ployees not otherwise
protected. The Contractor shall likewise obtain public liability
and property damage insurance to cover vehicles used or ,Maintained
by hi;a in the performance of said work connected with the contract,
with liability limits of not lass than Twenty -five Thousand Dollars
(;25,000.00) for any one parson and One Hundred Thousand Dollars
:100,000.00) for any one accident.
-8--
Said contractor at his own cost, expanse and risk shall de-
fend any and ell actions, suits or other legal proceedings which
may be brought or instituted against the First Party or its princi-
ra1s on ,ny such cleim or demand and poy or satisfy any judgment
that may be rendered against the 7irst Party or its principals in
any such c.ction, suit or legal proceedings or result thereof.
If the Contractor fails to maintain suoh- iuguranca. the it
Party may obtain such insurance to cover any damages which said
First Party or its )rincipals may be liable to pay through any of
the operations under this contract and deduct and retain the amount
of the premiums for such insurance for any sums due under the con-
tract.
Nothing herein contained shall be construed as limiting in
any way the extent to which the contractor may be held responsible
for payment of da „es to persons or property resulting from his
oper,.tions or any operations of any sub contractors under him.
1`�IRT I "r The Contractor shall under no circumstances
assign this contract without the written permission of the Party of
t'aa First Part.
In addition to the change orders and extra work specified and
provided for in the Plans and Specifications, the Party of the First
Part ;Lay at any time during the progress of said work when the publ
interest and necessity so recuire or when it is for the bast inter-
est or advantage of said City of Anaheim so to do, to request any
nitera.tions, deviations, additions to, or omissions from said con-
tract, specifications or plans or the work, labor and materials to
be furnished thereunder, and the same shall in no way affect or mal
void this Contract, but will be added to or deducted from the amovr.i:
of said contract price as the case may be. Any alterations, addi-
tions or deviations requiring extra work shall be compensated for as
rovidec_ in the specifications, unless otherwise mutually agreed u.-
FOURT I I1?Ty
(A) `nspection of Records The City through its authorize:
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agents, engineers or representatives shall have the right to inspect
all work as it progresses and shall have access to all payrolls,
records of personnel, invoices of materials, and any and all other
d ^.ta relevant to the performance of this contract. There shall be
submitted to the City through its authorized agents, the names and
addresses of all personnel and such schedules of the cost of labor,
cost and quantities of materials, and other items, supported as to
correctness by such evidence as, and in such form as the City,
through its authorized agents or representatives, may require. The
submission and approval of such schedules, if required, shall be n
condition precedent to the making of any payments under the contract.
(B) There shall be provided for the use of the engineer or
inspectors such reasonable facilities as they may request.
(C) The contractor shall also furnish to the City the names
and addresses of all sub- contractors on the work at the earliest
date practicable.
FIFTEENTH: Mill and Factory Inspection and Testing of "k"aterial,.
The contractor shall notify the City or its engineer a suffi-
cient time in advance of the manufacture of production of materials
tc? be supplied by the Contractor under this contract in order that
t First Party may arrange for mill or factory inspection and test-
ing of same.
Any material shipped by the Contractor from the factory prior
to having passed such testing and inspection by the First Party's
engineer or prior to the receipt of notice from said engineer that
such testing and inspection will not be required, shall not be
incorporated on the job.
The Contractor shall also furnish to the First Party in trip-
licate certified copies of all required factory and mill test reports;.
SIXT.rFNTH: It is hereby understood that the time for comple-
tion of the said contract work is forty (40) days from and after
the date hereof, excluding Sundays and holidays, subject, however, tc
delays caused by reason of a suspension ordered by the Chief Engineer.
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of the City or because of any other act or neglect of the City or its
officers or employee without contributory fault or negligence on the
part of the Contractor or his agents or employees or sub contractors
or if the work should be delayed by fire, storm, flood or other acts
of God, by war or act of public energies, by restriction of the use of
r ^ocurement of or inability to obtain materials, by strikes, by
unusual delay in transportation, unavoidable casualties or any cause
be7ond the control and without the fault and negligence of the Con-
tractor, or for any other reason which, in the opinion of the City
Engineer of the Party of the First Part, is proper justification for
such delay. The time of completion shall be extended for the length
of time equal to the delay caused by any of the above mentioned
causes. And should the work not be completed within the time herein
specified or any extension thereof, for causes above mentioned, to
the satisfaction of the City, there shall be deducted from the final
payment to the Contractor the sum of Fifty ($50.00) Dollars
per day as liquidated damages, and not as a penalty, for each day's
delay after the expiration of such period until the final acceptance
of the work by said engineer and its delivery to said City. It is
'urther understood and agreed that should. the Party of the Second.
Part fail to furnish the plant, materials, equipment and do and per-
form all work and labor as herein provided in the manner herein set
forth in a good and workmanlike manner, it shall in addition to any
other penalties provided in the contract documents be liable to the
Party of the First Part for all losses or damages that the latter ms'
suffer on account thereof.
STNFNTEFNTH: Withholding payment.
The City may withhold from the Contractor so much of accrued:
payments as may be necessary to pay laborers and mechanics employed
on the work the difference between the rate of wages required by thi
contract to be paid to laborers and mechanics on the work and the
rate of wages actually paid to such laborers or mechanics.
EIGHTEENTH. Accident Prevention.
Reasonable precautions shall at all times be exercised for the
safety of employees on the work, and applicable provisions of State
and local laws and building and construction codes shall be observed.
All machinery and equipment and other physical hazards shall be guard-
ed in accordance with the safety provisions of the Manual of Accident
rcvention in Construction of the Associated General Contractors of
r erica unless such provisions are incompatible with State or 14unici•-
pal laws or regulations, in which event such State or Eunicipal laws
or regulations shall control.
NINETEENTH. Sub- Contractors.
Appropriate provisions shall be inserted in all sub contracts
relating to this work to insure the fulfillment of Paragraphs 1 to
13, inclusive.
TWENTIETH. Termination for Breach.
In the event that any of the provisions of this contract are
violated by the Contractor or by any Sub contractor under any sub-
contract on the work, the City may terminate the contract by serving
written notice upon the Contractor of its intention to terminate such
contract and, unless within ten days after the serving of such notice,
such violation shall cease, the contract shall, upon the expiration of
said ten days, cease and terminate. As to violations of the provi-
sions of this contract which cannot be remedied or corrected within
ten days, said contract shall, at the option of the City, cease and
erminate upon the giving of like'notice. In the event of any such
termination for any of the reasons above mentioned, the City may take=
over the work and prosecute the same to completion by contract or
otherwise for the account and at the expense of the Contractor and /or
s.ib- contractor or sub contractors, and the Contractor and his Sureties
shall be liable to the City for any excess cost occasioned in the
event of any such termination, and the City may take possession of an.:
utilize in completing the work, such materials, appliances and plant
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as may be on the site of work and necessary therefor. This clause
shall not be construed to prevent the termination, for other causes,
authorized by law or other provisions of this contract.
TWEFTY -s I SST. Substitution for Patented and Specified Articles.
Whenever in the specifications any material or process is Indi-
c tea or specified by patent or proprietary name or by name of manu-
facturer, such specification shall be deemed to be used for the
purpose of facilitating description of the material and /or process
c:esirec'., and shall be deemed to be followed by the words DOR EOIVALT=
2nd the bidder, in the proposal submitted by him, may offer any mater-
ial or process which shall be equal in every respect to that so indi-
cated or specified; provided, however, that he shall set out in the
proposal, first, the price of the material or process so offered, and
second, the price of the material or process so indicated or specifies'
If the bidder shall not offer any substitute in said proposal
or if a substitute so offered by the bidder is not found to be equal
to that so indicated or specified, then the Contractor shall furnish
or install the material or process indicated or specified by name, if
one only be so specified or named, or, if more than ona be so specifier
o named, then such one as shall be specified in the proposal, or if
none be so specified, then such one as shall be required by the City.
TWENTY-SECOND. If the Contractor should neglect to prosecute
the work properly or fail to perform any provision of this contract,
the City, after three days' written notice to the Contractor, may,
--y thout prejudice to any other remedy it may have, make good such
aeficiencies and may deduct the cost thereof from the payment then o7:
,,hereafter due the Contractor, provided, however, that the City
.'n ineer of said City shall approve such action and certify the anou:l
thereof to be charged to the Contractor.
TJErTY -=IRD. If the Contractor should be adjudged a bankrupt,
or should make a general assi nnent for the benefit of creditors or
if a receiver should be appointed: on account of insolvency of the
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Contractor or if the Contractor should persistently or repeatedly
refuse or should fail, except in cares for which an ex tahsion of time
in provided, to supply enough properly skilled workman or proper
materials to construct and complete said project within the time
r.ei'oin required, in a good and workmanlike manner, or if the Con
r actor should fail to make prompt payment to sub contractors, or for
:L.terials or labor, or persistently disregard laws, ordinances, or
`c. instructions of the City or its duly authorized engineers, in-
peetors or representatives, or otherwise be guilty of a substantia'.
elation of any provision of the contract documents, then the City,
upon the certificate of its City and Consulting Engineers that suf'i
eient cause exists to justify such action may, without prejudice to
any other right or remedy and after giving the Contractor five days
?Written notice, terminate the employment of said Contractor and take
possession of the premises and of all materials, tools and appliances
thereon and finish the 'rork by whatever methods it may deem expedient,
in such cage tho Contractor shall not be entitled to receive any
f...l'ther payment until the ?roar is finished. If the unpaid balance of
the contract price shall exceed the expense of finishing the work
including compensation for additional managerial and administrative
evi ces, such excass shall be paid to the Contractor. If such
e Kpense shall exceed such unpaid balance, the Contractor shall pay the
,.cference to the City. The expense incurred by the City as herein
e Dvicied, and the damage incurred through the Contractor's default,
hell ba certified by the City Engineer.
T=TY-FOURTH. It is expressly understood and agreed that
Contractor herein named in the furnishing of all plant, labor,
e4ervices, materials and equipment and performing the work as pro
vi.ded in this contract is acting as an independent contractor and
not as the agent, servant or employee of the City of Anaheim.
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1 ITIT3S 1 :7HTRE07, the City Council of the City of Anaheim
caused this :ment to be subscribed by its Hayor and City Clerk
and said Party of the Second Part has sisnad this Agreement tha day
and year first above written.
Arn"1
ATTEST:
City Clerk of th of Anaheim
PARTY OF THE FIRST PART
City Attorney of the City of Anaheim
CITY9F ANAHEIM
BY
c
iiayor of the City of Anaheim
PARTY O.' TH.] SECCED PART