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HomeMy WebLinkAboutReso 698-1938 .... v~ v~DERING THE RESURFACING OF A PORTION OF LINDEN AVENUE IN THE CITY OF SOUTH SAN FRANCISCO. WHEREAS, on the 15th day of November, 1937, the City Council of the City of South San Francisco, by a resolution adopted on that date, awarded to Union Paving Co., a corpora- tion, a contract for doing the following work in said City, to-wit: The improvement of Linden Avenue from a point four hundred (400) feet south of Railroad Avenue to apoint twenty-nine hundred (2900) feet south of Railroad Avenue, by grad% lng and paving said portion of Linden Avenue, at the location shown upong the plans forming a part of the plans and specifications adopted for said work by said City Council, on the last day of NoVember, 1937; and WHEREAS, thereafter, said Union Paving Co., as party of the first part, entered into. an agreement with said City of South Sen Francisco, as party of the second part for the performance of said work, which agreement bears date the 16th day of November, 1937; and WHEREAS said agreement provides that the work therein undertaken to be performed by said Union Paving Co. shall be completed withing forty (401 working days from the date of said agreement; and WHEREAS more than forty (40) working days have elapsed since the date of said agreement; and ~qTEREAS the work of constructing the pavement, required to be constructed under the above mentioned agreement,is defective and incomplete in the following particulars: 1. The armor coat wearing surface required to be constructed under said agree- ment has humps and has had humps ever since the same was laid; 2. Said armor coat wearing surface has hollows, and has had hollows ever since the same was laid; 3. Said armor coat wearing surface has irregularities therein, and has had ir- regularities ever since the same was laid; 4. Said armor coat wearing surface does not present a smooth riding surface, and has at no time presented a smooth riding surface since the same was laid; 5. There are numberous areas on said armor coat wearing surface where there is an excess of bituminous binder, and this condition has existed ever Since said armor coat wearing surface was laid; AND WHEREAS said specifications contained the following provisions with respect to defective work: "All work which is defective in its construction or deficient in any of the requirements of these specifications shall be remedied, or removed and re- placed by the Contractor in an acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the lines and grades shown on the plans as establish- ed by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contrac$or to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective ~ork to be remedied, or removed and re- placed, and unauthorized work to be removed, and to deduct the costs thereof from any moneys due or to become due the Contractor." and (continued on Page 199) (continued from Page 198 - Resolution No. 698) WHEREAS, by a communication dated September 20, 1938, the City Engineer of said City requested said Union Paving Co. to commence to remedy said armor coat wearing sur- face, not later than the 27th day of September, 1938, and to proceed to properly re- medy the same, and in said communication said City Engineer notified said Union Pav- ing Co. that he would cause said armor coat wearing surfaca to be so remedied as to comply with the requirements of the above mentioned specifications, on account of said Union Paving Co. and at the expense of said Union Paving Co., and further notified said Union Paving Co. that the cost of remedying said armor coat wearing surface will be deducted from any money due or to become due to Union Paving Co.; and WHEREAS said Union Paving Co. has failed and neglected to commence to remedy said armor coat wearing surface, and has not remedied the same, or any part thereof; NOW, THEREFORE, RESOLVED by the City Council of the City of South San Francisco that public interest and couvenience reeuire the following public improvement work to be done in said city, to-wit: The removal of the existing wearing surface and resurfacing of the pavement on the portion of Linden Avenue from a point four hundred (400) feet south of Railroad Avenue to a point twenty-nine hundred (2900) feet south of Railroad Avenue. All said work shall be done to official grade and strictly in accordance with the plans and specifications adopted by said city council on the 31st day of October, 1938, for doing said work. Said city council hereby ascertains that the general prevailing rates of per diem wages and the general prevailing rates for legal holiday and overtime work ap- plicable to said work to be done are as follows: CLASSIFICATION RATE PER HOUR Roller Operator Tractor Driver Truck Driver Truck Driver (over 20,500 lbs. carrying capacityt (over 15,500 lbs. and less than 20,500 carrying capacity) 1.50 1.5o 1.15 1.07 Truck Driver Truck Driver (over 6,500 lbs. and less than 15,500 lbs. carrying capa6ity) (over 4,500 lbs. and less than 6,500 lbs. carrying capacity; 1.00 0.93 Truck Driver (Over 2,500 lbs. and less than 4,500 lbs. carrying capacityi 0.86 Truck Driver (less than 2,500 lbs. carrying capacity) 0.79 Watchmen and Flagmen .6O ~. The rate for any employee not listed in the above schedule shall not be less than $1.10 per hour for skilled labor, $0.85 for intermediate labor, and $0.75 for unskilled. Overtime work will be double the above rates. watchmen and flagmen) double the above rates. Sundays and holidays (except The following are to be considered holidays: Christmas Day, Saturdays and Sundays. New Year's Day, Decoration Day, The city clerk is hereby directed to cause a notive inviting sealed propos- sals for doing said work and the furnishing of all materials necessary therefor to be published by two (2) insertions thereof, and not less than five (5) days apart, in "The Enterprise and The South San Francisco Journal", a newspaper of general circulation published and printed in the City of South San Francisco, which notice shall be. substantially in the following form: NOTICE INVITING SEALED PROPOSALS OR BIDS FOR THE IMPROVEMENT OF LINDEN AVENUE SOUTH OF RAILROAD AVENUE. Notice is hereby given that sealed proposals or bids will be received by the city council of the City of South San Francisco on the 31st day of October, 1938, un- til 8:00 o'clock p. m. for doing the following public work in said city, to-wit: The removal of the existing wearing surface and resurfacing of the pavement on the portion of Linden Avenue from a point four hundred (400) feet south of Railroad Avenue to a point twnety-nine t~undred (2200) feet south of Railroad Avenue. All said work shall be done to official grade and at the places shown upon the plans forming a part of the plans and specifications adopted by said city council on the 17th day of October, 1939, for said work, and strictly in accordance with said that public interest and convenience recuire the following public improvement work to be done in said city, to-wit: The removal of the existing wearing surface and resurfacing of the pavement on the portion of Linden Avenue from a point four hundred (400) feet south of Railroad Avenue to a point twenty-nine hundred (2900) feet south of Railroad Avenue. All said work shall be done to official grade and strictly in accordance with the plans and specifications adopted by said city council on the 31st day of October, 1938, for doing said work. Said city council hereby ascertains that the general prevailing rates of per diem wages and the general prevailing rates for legal holiday and overtime work ap- plicable to said work to be done are as follows: CLASSIFICATION RATE PER HOUR Roller Operator Tractor Driver Truck Driver (over 20,500 lbs. carrying capacity) 1.50 1.5o 1.15 Truck Driver (over 15,500 lbs. and less than 20,500 carrying capacity) 1.07 Truck Driver (over 6,500 lbs. and less than 15,500 lbs. carrying capa6ity) 1.00 Truck Driver (over 4,500 lbs. and less than 6,500 lbs. carrying capacity; 0.93 Truck Driver (Over 2,500 lbs. and less than 4,500 lbs. carrying capacity; 0.86 Truck Driver (less than 2,500 lbs. carrying capacity) 0.79 Wstchmen and Flagmen .6O .. The rate for any employee not listed in the above schedule shall not be less than $1.10 per hour for skilled labor, $0.85 for intermediate labor, and $0.75 for unskilled. Overtime work will be double the above rates. watchmen and flagmen) double the above rates. Sundays and holidays (except The following are to be considered holidays: New Year's Day, Decoration Day, Christmas Day, Saturdays and Sundays. The city clerk is hereby directed to cause a notive inviting sealed propos- sals for doing said work and the furnishing of all materials necessary therefor to be published by two (2) insertions thereof, and not less than five (5) days apart, in "The Enterprise and The South San Francisco Journal", a newspaper of general circulation published and printed in the City of South San Francisco, which notice shall be substantially in the following form: NOTICE INVITING SEALED PROPOSALS OR BIDS FOR THE IMPROVEMENT OF LINDEN AVENUE SOUTH OF RAILROAD AVENUE. Notice is hereby given that sealed proposals or bids will be received by the city council of the City of South San Francisco on the 31st day of October, 1938, un- til 8:00 o'clock p. m. for doing the following public work in said city, to-wit: The removal of the existing wearing surface and resurfacing of the pavement on the portion of Linden Avenue from a point four hundred (400) feet south of Railroad Avenue to a~p0int twnety-nine t~undred (2200) feet south of Railroad Avenue. All said work shall be done to official grade and at the places shown upon the plans forming a part of the plans and specifications adopted by said city council on the 17th day of October, 1939, for said work, and strictly in accordance with said plans and specifications. Said city council has ascertained that the general prevailing ratea 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: CLASS IFI CAT I0N RATE PER HOUR Roller Operator Tractor Driver Truck Driver (over 20,500 lbs. carrying capacity) $ 1.50 1.50 1.15 Truck Driver (over 15,500 lbs. and less than 20,500 lbs carrying capacity) 1.07 (continued on Page 200) 2:00 (continued from Page 199 - Resolution No. 698) CLASSIFICATION RATE PER HOUR Truck Driver (over 6,500 lbs. and less than 15,500 lbs. carrying capacity) $ 1.00 Truck Driver (over 4,500 lbs. and less than 6,500 lbs. carrying capacity) 0.gs Truck Driver (over 2,500 lbs. and less than 4,500 lbs. carrying capacity) 0.86 Truck Driver (less than 27500 lbs.~carrying capacity) 0.79 Watchmen and Flagmen .6O The rate for any employee not listed in the above schedule shall not be less than $1.10 per hour for skilled labor, $0.85 for intermediate labor, and $0.75 for unskilled. Overtime work will be double the above rates. Sundays and holidays (except watch- men and flagmen) double the above rates. The following are to be considered holidays: New Year's Day, Decoration Day, Independence Day, Labor Day, Admission Day, Thanksgiving Day, Christmas Day, Saturdays and Sundays. It shall be mandatory upon the contractor to whom the contract is awarded, and upon any sub-contractor under him, to pay not less than the said specified rates to all la- borers, workmen and mechanics employed by them in the execution of the contract. The con- tractor 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 mechanic is paid less than the said stipulated rates for any work done under said contract, by him, or by any sub-contractor under him. And such contract shall contain a stipulation to this effect, in accordance with the provi~ons of Chapter 397 of the Statutes of California, 1931. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of an act of the Legislature of the State of California, entitled: "An act providing for the registration of contractors, and defining the term contractor; pro- viding the method of obtaining licenses to engage in the business of contracting, and fixing the fees for such licenses; providing the method of suspension and cancellation of such li- censes; and prescribing the punishment for violation of the provisions of this act." Chapter 701 of Statutes and Amendments of 1929, as amended. NOTICE IS FURTHER HEREBY GIVEN that no person, firm, partnership, association, or corporation, 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 a- lien, except in cases of extraordinary emergency caused by fire, flood or danger to life or property. The contractor, to whom a contract for said work may be awarded, shall forfeit as a penalty to said City of South San Fraucisco Ten Dollars ($10.00) for each alien knowingly employed in the execution of such contract by him, or by any sub-contractor under him, Tar each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of an act of the Legislature of the State of California, entitled: "Eh act to prohibit the employment of aliens by contractors and subcontractors on all public work, except in certain clases of extraordinary emergency, providing for the reporting of such cases of extraordinary emergency and the keeping of records of the citizenship of work- ers employed upon public work and the inspection of such records by the proper officials, providing for a forfeiture for each calendar day or portion thereof, any ~lien is knowingly permitted to work on p~ublic work and for a stipulation to this effect in the contract, and providing other penalties for violation of the provisions thereof," approved May 25, 1931, Statutes of 1931, page 913. The contract must be entered into in compliance with and subject to the conditions imposed by Section 653c of the Penal Code of the State of California. Such contract shall contain a stipulation which shall provide that the contractor to whom said contract is a- warded shall forfeit as~a penalty to said City of South San Francisco Ten Dollars ($10.00) for each laborer, workman or mechanic employed in the execution of said contract, by him,or by any subcontractor under him, upon any of the work herein mentioned, for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8; hours in violation of the provi~ons of Section 653c of the Penal Code of the State of California. The contract to be awarded shall contain a further stipulation that the contractor, to whom such contract may be awarded, shall use or supply only such unmanufactured articles, materials, and supplies as may have been mined or oroduced in the United States and only Overtime work will be double the above rates. Sundays and holidays (except watch- men and flagmen) double the above rates. The following are to be considered holidays: New Year's Day, Decoration Day, Independence Day, Labor Day, Admission Day, Thanksgiving Day, Christmas Day, Saturdays and Sundays. It shall be mandatory upon the contractor to whom the contract is awarded, and upon any sub-contractor under him, to pay not less than the said specified rates to all la- borers, workmen and mechanics employed by them in the execution of the contract. The con- tractor 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 mechanic is paid less than the said stipulated rates for any work done under said contract, by him, or by any sub-contractor under him. And such contract shall contain a stipulation to this effect, in accordance with the provi~ons of Chapter 397 of the Statutes of California, 1931. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of an act of the Legislature of the State of California, entitled: "An act providing for the registration of contractors, and defining the term contractor; pro- viding the method of obtaining licenses to engage in the business of contracting, and fixing the fees for such licenses; providing the method of suspension and cancellation of such li- censes; and prescribing the punishment for violation of the provisions of this act." Chapter 701 of Statutes and Amendments of 1929, as amended. NOTICE IS .FURTHER HEREBY GIVEN that no person, firm, partnership, association, or corporation, 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 a- lien, except in cases of extraordinary emergency caused by fire, flood or danger to life or property. The contractor, to whom a contract for said work may be awarded, 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, Tar each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of an act of the Legislature of the State of California, entitled: "Eh act to prohibit the employment of aliens by contractors and subcontractors on all public work, except in certain clases of extraordinary emergency, providing for the reporting of such cases of extraordinary emergency and the keeping of records of the citizenship of work- ers employed upon public 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 to work on public work and for a stipulation to this effect in the contract, and providing other penalties for violation of the provisions thereof," approved May 25, 1931, Statutes of 1931, page 913. The contract must be entered into in compliance with and subject to the conditions imposed by Section 653c of the Penal Code of the State of California. Suuh contract shall contain a stipulation which shall provide that the contractor to whom said contract is a- warded shall forfeit as.~a penalty to said City of South San Francisco Ten Dollars ($10.00) for each laborer, workman or mechanic employed in the execution of said contract, by him,or by any subcontractor under him, upon any of the work herein mentioned, for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8i hours in violation of the provisions of Section 653c of the Penal Code of the State of California. The contract to be awarded shall contain a further stipulation that the contractor, to whom such contract may be awarded, shall use or sup01y only such unmanufactured articles, materials, and supplies as may have been mined or oroduced in the United States and only such manufactured articles, materials and supplies as have been manufactured in the United States, substantially from all articles, materials or supplies mined, produced, or so manu- factured, as the case may be, in 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 be in United 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 works and for public purposes"; Chapter 226 of the Statutes California, 1933. The successful bidder shall, within ten (10) days, after the award, enter into a contract with the City of South San Francisco for the faithful performance of the work to be done under said award. All sealed proposals or bids shall be accompahied by a check payable to the City of South San Francisco, certified by a responsible bank for an amount which shall not be less than ten (10) percent of the aggregate of the proposal, or by a bond fer the said amount and so payable, signed by the bidder and two (2) sureties, who shall Justify before any officer competent to administer an oath in double said amount over and above all statu- tory exemptions. If the proposal be accepted and the contract awarded and if the bidder shall fail and neglect to. execute and give the bonds required, the sum mentioned in said check, or the principal sum of said bond, as the case may be, sahll be liquidated damages for such fail- ure and neglect and shall be forfeited to and paid into the treasury of the City of South San F~aac~isco. The bidder to whom the contract is awarded will be recuired to execute a bond for the faithful performance of his work in an amount e~ual to fifty (~50) percent of the amount of the undertaking with at least two (2) responsible sureties in the full amount of the bond each; and will also be required before entering upon the work to furnish a good and suffici- (continued on Page 201) (continued from Page 200 - Resolution No. 698) ent bond, as required by an act of the Legislature of the State of California, ap- proved May 10, 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 mater- ials, supplies, teams, implements or machinery used or consumed by such contractor in the performance of such works, and prescribing the duties of certain public officers with respect thereto", Chapter 303 of the Statutes of California, 1919. Plans, specifications and proposal sheets may be obtained at the office of George A. Kneese, City Engineer of said City of South San Francisco, at No. 2382 Broad- way, Redwood City, California. Sealed proposals or bids will be delivered to the City Clerk on or before 8:00 p. m. on Monday, the 31st day of October, 1938. All sealed proposals will be ooened by said city council in public session on .Monday, the 31st day of October, 1938, at 8:00 o'clock p. m. at the council chamber of said City Council. Said city council reserves the right to reject any and all bids. By order of the city council of the City of South San Frauctsco. Dated October 17, 1938. -O-O-O-O-O-O-O-O-O-O-O-O- I hereby eertidy that the foregoing resolution was regulary introduced and adopted by the city council of the City of South San Francisco, this 17th day of October, 1938, by the following vote: Ayes, Councilmen V. Boido, A. J. Eschelbach, D. W. Ratto, Rod Tibbetts, M. Minucciani. Noes, Councilmen' None Absent, Councilmen None (Seal) Attest: Daniel McSweeney City Clerk