HomeMy WebLinkAboutReso 614-1937(Seal)
RE£CLUTiON AUTIi0~.!ZZNG '~':~'m,'",,"~ ,
~v.,.'~ 0.;r CONTRACT
WITH. L. u~. Si',~TH F0~, EXCAVAEING SAND !i~RO~;~ COLMA CREEK.
LESCLYED by the City Council of tL.e City of South San Francisco t~:~-*~ said
t~.e removal of the sand in the
cit~ enter into a contract wl~-~.~ L. G. S~;ith fo~~
portion of the right o_ wa~ conveyed to said Cit~~ of South San Francisco o~
South San Fr~c~clsco Land and Improvement Company for the construction and
maintenance of a d~.a nc%e channel o~~ c~al to convey the waters of Co~a
Creek and Baden Creek, included between Orange Avenue ~d t~e eastern
te~m~inus of said right of way. It is understo~ that the ~ount of sand
to be ~x~c~ and removed ~y said L. C. Smith shall not exceed ~0 000 cubic yards,
except as he~.einafter provided, in~':e a2reement to be entered into betweem said
city and said L. C. Smith it shall be understo~_ that said L. C. Smith ;r~y re-
ceive ~d have for ils eyre use said s~d as Lis compensation for the removal of
~e s~me from said Corm Creek a~d tY~t sazd L. C Smith shall not b~ entitled
to any other compensat/on from said City of South San Fr~cisco for such removal
of said sand.
Said L. C. Smith shall have the option ~d prlvile~e of ~e;~ovlng more than
r~t of way, whe~er in the portion there-
20,000 cubic yards of sand from said ......
of hereinbefore desijneted or in the portlon thereof ly n,~. westerly from said
Orange Avenue, and, :~n the event tl~at he o:.:er, cises such option, he shall pay
to said city ten (10) cents per cubic yard for all sand in e::cess of 20,000
w~:z~.u, be shall remove from ...... d rzf:~t of wa7.
cubic yards ~" ' ~'" ~-~
it is understood '~*- . ..... al_ be
t~ .....t:~e work to be perforzled bt~. said L. C Smith
done under the supe?vis~on and to the satisfaction of the cit~ engineer of said
City of South San ~'-~ ~-~ and s ~
~za,~c ....co between the line :._nd to the grades wl,ict shall
be fflxed b; said city cng:~neer.
Said city council hereb, ascertains thst the .~eneral prevailing] rates of
per diem wa~:es and the general prevailing rate for le~' 1 '
e,a ~:oliday amd ovemt~m
work applicable to ssJd work to be done a~:e as follows:
CLASSIFICATION
Truck Drivers
Shovel operators
Oilers
S~!=LED LADOIi
{bLASSiFICAT] ON
Laborers
RATE PER HOUR
.01 1/~ cents
1.50
.90
i{ATE PER HOD~
.75
All classes of labor not hereinbefore specified, not less tb~n ~event~-.i~e
(75) cents per hour.
All overt]me work om all crafts shall be paid for at the rate of time and
a half and all work performed on Sundays and holidays, shall be paid for at the rate of
double time.
It shall be mandatory upon said L. C. S~ith, aud upon any subcontractor under
hi.m, to pay not less than said specified rate to all laborers, workmen and mechanics
emplo~ed by them in the execution of the con~aet. The contractor shall forfeit as
a penalty to the City of South San Francisco Ten Dollars ($10.00) for each laborer,
workmen or mechanic employed, for each calendar day, or portion thereof, if such
laborer, workman or mechanic is paid less than the said stipulated rares for any work
done under said contract, by him, or by any subcontractor under his, smd such contract
shall contain a stipulat on to this effect, in accordance with the provisions of
Chapter 397 of the Statutes of California 1931.
No person, firm, paternership, association, o~~ corporation, or af~:ent thereof,
doing any of the work herein provided for, as a contractor, or subeontractor, shall
lmaowlngly employ:.,, or cause to be emplo.~-ed theron, any alien, except in cases of
extraordinary emergency ~auscd by fire, flood or danger to life or property.
Said L. C. Smith shall forfeit as a penalty to said City of South San Fran-
cisco ten Dolls~rs )~10.00) f~r each alien knowingly emplo~ ed in the execution of
such contract by him, or 2~y any subcontractor under, for each calendar day, or
port~.~on thereof, during which such alien is permitted or required to labor in vi-
olati, on of an act of the legislature of the State of California, entitled: "An Act
to prohibit the emplo~ment of aliens by contractors smd subeontractors onall public
work, except in certain cases of extraordinary emergency, providing for the reporting
of such cases of extraodinary emerge~cy and the keeping of records of the citizenship
of workers employed upon public work and inspection of sucl; ~,ecords by the proper
officials, providing for a forfeiture for each c~lendar day or portion thereof, any
alien is knowingly perm. ltted to work on public work and for a stipulation to t]mts
effect in the contract, and providing other penalties for violation of the pro-
'~isions thereof," approved ~,~ay ~5, 1931, Statutes of 1931, page 931.
The contract hereby authorized must be entered into in compliance with and
subject to the conditions imposed b~ section 653c of the Penal Code of the State
of California. Such contract shall contain a stipulation which shall provide said
L. C. Smith shall forfeit as a penalty to said Cit~~ of South San Frmucisco Ten
Dollars ($10.00) for each laborer, worlaman, or mechanic employed in the execution
of salad contract, by him, or by any subcontractor under him, upon the work he~-,eim '~
memtioned, for es. ch calendar day during which such laborer, workmsm or mechanic is
required or permitted to labor more than eiEht (8) hours in violation of the pro-
visions of section 553c of the Penal Code of the State of California.
Said contract s~hall contain ~ further stipulation that said L. C. Smith
shall use or supi:~l~ only~such ur~manufactured articles, mat e~ials, and supplies
h contract
shall contain a stipulat on to this effect, in accordance with the provisions of
Chapter 397 of the Statutes Of California 1931.
No person, firm, paternership, association, or corporation, or a~:ent thereof,
¢
doinf~z any of the work he~ein provided for, as a contractor, or subeontractor, shall
knowingly employs, or cause to be employ-ed theron, any alien, except in cases of
extraordinary emergency ~aused by fire, flood or danger to life or property.
Said L. C. Smith shall forfeit as a penalty to said City of South San Fran-
cisco ten ol=~._rs )~10 00) f~r each alien knowingly employed in the execution of
such contract by him, or l~y any subcontractor under, for each calemdar day, or
port.f..on thereof, during which such alien is permitted or required to labor in vi-
ola~i, on of an act of the legislature of the State of California, entitled: "An Act
to prohibit the employment of aliens by contractors and subeontractors onall public
work, except in certain cases of extraordinary emergency, providing for the reporting
of such cases of extraodinary emerge~cy and the keeping of records of t~e citizenship
of workers employed upon public work and inspection of such ~ecords by the proper
officials, providing for a forfeiture for each c~lendar day or portion thereof, any
alien is knowingly perm~tte~ to work on public work and for a stipulation to
effect in the contract, and providing other penalties for violation of the pro-
~isions thereof," approved ~ay ~8, 1951, Statutes of 19~l, page 9~1.
The contract hereby authorized must be entered into in compliance with
subject to the conditions imposed b~ section G~c of the Penal Code of the State
of California. Such contract shall contain a stipulation which shall provide said
L. C. Smith shall forfeit as a penalty to said ~it~~ of South San Francisco Ten
Dollars ($10.00) for each laborer, workman, or mechanic employed in the execution
of sa~d contract, by him, or by any subcontractor under him, upon the work he~ei~
memtioncd, for e s~ch calendar day during which such laborer, workm~ or mechanic is
required or permitted to labor more than eight (8) hours in violat~on of the pro-
visions of section OS~c of the Penal Code of the St~te of California.
Said contract s~hall contain a further stipulati&n that said L. C. Smith
shall use or supl~lN only~ such ur~m~nufactured articles, mate~~ials, and supplies
as ~aa~- have been mined or pro~.uced in the United Statos and only such
ufactured articles , materials, and supplies mined, produced or so manufactured,
as the case may be, in the United States, excepting only wh~re such articles, ~aterials
or supplies of the class or k~nd to be used, or the articles, materials or supplies
from whicL the~ are manufactured are not mined, pr~duced or manufactured, as the
case may be in the United States, as required by an act of the legislature of t~e
State of California entitled: "An act to require the use of materials an~ supplies
substantially produced iht he United States, in public work for public purposes";
Chapter ~8 of the Statutes of California, 19~.
Said L. C. Smith will be required to execute a bond for the faithful per-
formance of '!'~hiswork ~n an amount of One Thousand Dollars ($1000), to be executed
by a suret~~ corporation licensed to transact business in the State of Ca~-if-
ornia , or two respo~_sible sureties, and will also be required, before entering
upo~ the work, to furnish a good and sufficient bond, as required by snd act
of the legislature of the State of California, approved Nay 10, 1919, entitled:
"An act to secure the payment of the claims of pc rsons employed by contractors
upon public works and claimers of persons who furnish materials, supplies, teams,
implements or machinery used or constuued by shch contractors in the performance
of such. work, and prescribing the duties of certain public officers with
respect thereto, "Chapter 303 of the Statues of California, 1919.
.,_,_,-,-,-,-,-,-,-,-,-,-
I hereby certify that the foregoing:% resolution was regularly introduced and
adopted b.~ the City council of the City of South San Francisco, This 23rd
da~~ of July, 193V, by the following vote:
Ayes Councilmen ~'. ~oido, J. ~. Mager, A. J. Eschelbach, D. W. Eatto
Noe s, ~ Councilmen
Absent, Councilmen
None
None
M. Mir~uc cianL
Attest:
Daniel NcSweeney
City Clerk
Elizabeth Ottenfie~d
Deputy Clerk