Loading...
HomeMy WebLinkAboutReso 1956-1863 • r • RESOLUTION NO. 1863 • 'RESOLUTION OF THE CITY COUNCIL APPROVING AGREEMENT FOR THE CONSTRUCTION OF ii!-- MOMENTS IN D STREET, CORTE MtiRIA AVENUE, AND VISTA WAY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOS HEREBY RESOLVE AS FOLLOWS SECTION 1, That certain agreement between the CITY' OF CHULA VISTAS a municipal corporation„ and Griffith_ Conmnv and 9 dates May 8 1956 , a copy of which is attache& hereto, and incorporated herein, the sans as though fsii l y set forth herein, be, and the same is hereby approved. SECTION 2. That the Mayor of the City of Chula Vista be and he is hereby authorized and directed to execute the same for and upon behalf of the said City upon the posting of the bonds try National Surety Corp. ._.. 9 as provided for in said agreement. • • ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CAIIFIRNIA, this 8th day of May, 1956 by the following vote, to'wit: AYES: COUNCILMEN Rader, Smith, Dillon, DeWolfe NAYES: COUNCILMEN None ABSENT: COUNCIItl":'EN DeGraaf •ate.. / — or o <- C .y 0 `ii : 115 ATTEST , ./ C ear, t t v F ;1 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, K ENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. , and that the same has not been amerced or repealed. DATED: Cs. yC r CONTRACT FOR COMPLETION OF IMPROVEMENTS IN COOPERATIVE IMPROVEMENT DISTRICT (Corte Maria, Vista Way and "D") IT IS HEREBY AGREED by and between the CITY OF CHULA VISTA, a municipal corporation, acting as Agent for the property owners in the above described cooperative District, and GRIFFITH COMPANY , herinafter called Second Party, as follows: WITNESSETH Article I -- That far and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work : and furnish all the materials, necessary to complete in a good, work- manlike, and substantial manner, certain street improvements on Corte fi. Maria, from centerline Flower street to centerline "D" street, on "D" - • street from Corte Maria East 331 .5 feet, on Vista Way from centerline "D" North 330 feet in accordance with the specifications of the City of Chula Vista, and the requirements of the City Engineer and in accordance to the plan identified as sheet number 55-63L, s aid plan is hereby made a part of this contract. Article 11 -- Said Second Party agrees to undertake and complete, and to pay for all labor and materials in connection therewith, within a period of 70 days from the date hereof, all the necessary work and install - ation of improvements in the hereinabove described District in full conformity with the ordinances of the City of Chula Vista, the laws of the State of California and the directions of proper officials of the City of Chula Vista, California, as may be applicable thereto, unless prevented by strikes, governmental order, or act of God. Work to be • resumed by Second Party upon termination of the cause of delay. Said improvements are more particularly described as follows: • ITEM QUANTITY DESCRIPTION I . . 1,874 Iin. ft. Curb and gutter 2. 687 tons Plant mixed surfacing 4" thick 3. 28,607 sq. ft. • Fine grading 4. 1,000 cu. yd. Excavation • 5. 580 sq. ft.. Swales and aprons • for the total lump sum price, including bond premiums, $10,276.50. The Second Party further agrees to indemnify, protect and hold • harmless the said City of Chula Vista from any and all claims of iiablltty for personal injury, property damage, labor or material claims which may be made against said City by reason of said work and installa- tion of improvements as herein provided. The City of Chula Vista agrees to cooperate in the above objective • of expediting the work to satisfactory and early completion. Article III -- As a guarantee and as security for its full and faithful performance in complying with all the requirements for the completion of said District as aforesaid, the said Second Party shall deliver to the • City of Chula Vista, upon the execution of this agreement, a good and t • sufficient bond executed by an authorized surety company satisfactory to the said City of Chula Vista in the sum of $ 10,276.50 • Article IV -- As a guarantee and as security for the payment of all material and labor claims for the completion of all said improvements, the Second Party shall deliver to the said City of Chula Vista a bond in the sum of S . 5, 138.25 , by its terms made to insure to the benefit of laborers and materialmen, for labor and material performed • or furnished in the performance of this agreement. Article V -- Upon the execution of this contract by the Second • Party, the City agrees to furnish necessary grade stakes and field inspection, and to make payment, only from and up to the amount deposited for such purposes, in the following manner: • Lump sum payment to be made at the time of completion of the im- provements according to the requirements of the City Engineer and according to the specifications of the City of Chula Vista. Payment will be made at the time of written acceptance by the City Engineer. Article VI -- it is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting here- with. Article VII -- The Second Party agrees that he will not hold First Party responsible for the performance of the terms of this contract but agrees that said First Party is acting only as the agent of certain property owners of which Second Party is aware. DATED May 8,1956 GRIF ITH COMPANY • • BEN P.GRIFFITH VIG+E FYZESIDENT W.H 141WW Wb SECRETARY City of Chula Vista, California APPROVED AS TO FORM AND LEGALITY: • / // .. .1!_ ,-.�I' 4.44A-4,J• ity ' ttorney for the City of Chula Vista, California ATTESTED TO City 1 rk of the ui y of Chula Vista, California