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HomeMy WebLinkAboutReso 496-1935 RESOLUTION ORDERING ABATEMENT OF WEEDS. WHEREAS the City Council of the City of South San Francisco did, on the 20th day of May, 195~, pass its resolution of intent ion to abate the nuisance caused by weed~ growing on the streets in said resolution of intention described; and WHEREAS no person has objected or protested against the proposed removal of said weeds; RESOLVED by the City Council of the City of South San Francisco that said City Council hereby orders that said nuisance be abated in the manner herein provided. It is hereby determined that p~ublic advantage will be served bY calling for sealed proposals for the performance of the work of abating said nuisance. The City Clerk is hereby directed to cause a notice inviting sealed proposals for doing said work to be published by two (2) insertf'ons in "The Enterorise, and The South San Francisco Journal", a newspaper of general c~culation, published and c~rculated in said City of South San Francisco, which notice shall be substantially in the following fo~m: NOTICE INVITING SEALED PROPOSALS OR BIDS FOR PSE~0VING WE~.DS FRO~.~ CERTAIN STREETS IN TPH~ CI?Y OF SOLWfH SAN FRANCIS CO. 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 2~th day of June, 19Z5, until the hour of 8:00 o'clock'P.M, for doing the following work in said City of South San Francis co: The cutting of all weeds in the parking areas and the areas between sidewalks and property lines of the streets shown upon the plated areas of said City of South San Francisco, on which areas weeds may exist at the time of the execution of the agreement herein contemplated. All work here~n provided for shall be perfqrmed under the d~rection ~and to the satisfaction of the Superintendent of Streets of the City of South San Francisco. No person shall be employed upon any of such work who is not a bona fide resident of said City of South San Francisco. The contractor, to whom the contract may be awarded for said work, shall give preference to married men, who are supporting families residing in said City of South San Francisco. Each bidder shall submit a price per lineal foot for which such contractor shall be willing to perform such work. The contractor, to whom a contract for s~ch work may be awarded, shall have no claim for compensation for damages by reason of the fact that any weeds growing upon such areas may be removed prio~ to the t~me such contractor may arrive for work at any such areas where weeds may be growing at the time of the execution of such It is hereby determined that public advantage will be served bY calling for sealed proposals for the performance of the work of abating said nuisance. The City Clerk is hereby directed to cause a notice inviting sealed proposals for doing said work to be published by two (2) insertions in "The Enterprise. and The South San Francisco Journal", a newspaper of general c~culation, published and circulated in said City of South San Francisco, which notice shall be substantially in the following form: NOTICE INVITING SEALED PROPOSALS OR BIDS FOR REMOVING WEEDS FROM CERTAIN STREETS IN TH~ CI~TY OF SOUTH SAN FRANCISCO. 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 24th day of June, 1935, until tl~ hour of 8:00 o'clock'P.M, for doing the following work in said City of South San Francis co: The cutting of all weeds in the parking areas and the areas between sidewalks and property lines of the streets shown upon the plated areas of said City of South San Francisco, on which areas weeds may exist at the time of the execution of the agreement herein contemplated. Ail work herein provided for shall be perfo~rmed under the d~rection .and to the satisfaction of the Superintendent of Streets of the City of South San Francisco. No person shall be employed upon any of such work who is .not a bona fide resident of said City of South San Francisco. The contractor, to whom the contract may be awarded for said work, shall give preference to married men, who are supporting families residing in said City of South San Francisco. Each bidder shall submit a price per lineal foot for which such contractor shall be willing to perform such work. The contractor, to whom a contract for soch work may be awarded, shall have no claim for compensation for damages by reason of the fact that any weeds growing upon such areas may be removed prior to the time such contractor may a~ive for work ~ at any such areas where weeds may be growing at the time of the execution of such agreement. 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 ~egistration of contractors, and defining the term contractor; providing the method of obtaining licenses to engage in the business of contracting, and fiXing the fees for such l~censes; providing the method of suspension and cancellation of such licenses; and prescribing the punishment for violation of the provisions of this act." Chapter V91 of Statutes .and Amendments of 1929, as amended. Said City Council has ascertained that the general prevailing rates of per diem wages and the general prevailing rate for legal holidy and overtime work applicable to the work to be done, are as follows: CLASSIFICATION RATE PER HOUR Weed Cutters $ .50 Legal holiday and overtime work, time and one-half. It shall be mandatory upon the contractor to whom the contract is awarded, an( upon any sub-contractor under him, to pay not less than the said specified rates to all laborers, workmen and mechanics employed by them in the execution of the contract. The contractor shall forfeit as a penalty to the City of South San Francisco Ten Dollars ($10. for each laborer, workman or mechanic emoloyed, for each calendary day, or portion thereo~ such laborer, workman or mechanic is paid less than the said stipulated rates for auy0 wor~ 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 provisions of Chapter ~ of the Statutes of California 1931. NOTICE IF Fi~RTHER 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 alien, except in cases of e ×traord~nary 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 s~ch contract by him, or by any sub-contractor und~ him, for 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: "An act to prohibit the employment of aliens by contractors and sub-contractor~ on all public work, except in certain cases of extraordinary emergency, providing for the reporting of such cases of extraordinary emergency and the keeping of records of the citizenship of workers employed upon public work aud the inspection of such records by the proper officials, providing for a ~orfeiture for each calendar day or portion thereof, an~ alien is knowingly permitted to work on public work and for a stipulation to this effect in the contract, and providing other oenalties for violation of the orovisions thereof," approved May 2~, 1931, Statutes of 1931, page 913. .The t ime of service of any laborer, workman or mechanic employed on any of sa~ work is hereby limited to thirty (30) hours during any one calendar week. The contract to be awarded shall contain a provision embodying the foregoing limitations with respect to the time of service of any such laborer, workman ~r mechanic who may be employed upon any of said work and the further stipulation that, for every person employed in the execution of such contract, whether such employment is by said contractor or by a sub-contractor under him, the contractor, to whom said contract is awarded, shall forfeit as a penalty to s aid City of South San Francisco the~ sum of Ten Do: ($10.00)~ for each calendar day for each week during which such laborer, workman or mechanic is reGuired Or permitted to labor more than thirty (30) hours, or more than eight (8) hours in violation of the provisions of Section 6~3c-1 of the Penal Code. The contract must be entered into in compliance with and subject to the condi? imposed by Sect~.on 6~3c 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 awarded shall forfeit as a penalty to said City of South San Francisco Ten Dollars ($10.0£ for each laborer, workman, or mechanic employed in the execution of said contract, by hims. laborers, workmen and mechanics employed by them in the execution of the contract. The contractor shall forfeit as a penalty to the City of South San Francisco Ten Dollars ($1( for each laborer, workman or mechanic employed, for each calendary day, or portion therec such laborer, workman or mechanic is paid less than the said stipulated rates for auy~ wo~ 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 provisions of Chapter of the Statutes of California 1931. NOTICE IF FURTHER HP~'REBY GIVEN that no person, firm, partnership, associatio~ or corporation, or agent thereof, ~oing 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, except in cases of e xtraordfnary emergency caused by fire, flood or danger to life or property. The contractor, to whom a contract for said work may be awarded, shall forfe~ 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 uno him, for 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: "An act to prohibit the employment of aliens by contractors and sub-contracto: on all public work, except in certain cases of extraordinary emergency, providing for thl reporting of such cases of extraordinary emergency and the keeping of records of the citizenship of workers employed upon public work and the inspection of such records by ti proper officials, providing for a forfeiture for each calendar day or portion thereof, a~ alien is knowingly permitted to work on public work and for a stipulation to this effect in the contract, and providing other oenalties for violation of the orovisions thereof," approved May 25, 1931, Statutes of 1931, page 913. · The time of service of any laborer, workman or mechanic employed on any of s~ work is hereby limited to thirty (30) hours during any one calendar week. The contract to be awarded shall contain a provision embodying the foregoing limitations with respect to the time of service of any such laborer, workman ,r mechanic who may be employed upon any of said work and. the further stipulation that, for every person employed in the execution of such contract, whether such employment is by said contractor or by a sub-contractor under him, the contractor, to whom said contract 'is awarded, shall forfeit as a penalty to s aid City of South San Francisco the. sum of Ten I~ ($10.00) for each calendar day for each week during which such laborer, workman or mechanic is required Or permitted to labor more than thirty (30) hours, or more than eigl (8) hours in violation of the provisions of Section 653c-1 of the Penal Code. The contract must be entered into in compliance with and subject to the cond imposed by Section 653c of the Penal Code of the State of California. Such contract sha contain a stipulation which shall provide that the contractor to whom said contract is awarded shall forfeit as a penalty to said City of South San Francisco Ten Dollars ($10'.~ for each laborer, workman, or mechanic employed in the execution of said contract, by hi: or by any sub-contractor under him, upon any of the work herein mentioned, for each cale day during which such laborer, workman or mechanic is recuired or permitted to labor mot 4-80 than eight (8) hott~s 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 supply only such unmanufactured articles, materials, and supplies as may have been mined or produced in the United States and only such manufactured art.~cles, materials, and supplies as have been manufactured in the United States, substantially from all articles, materials or supplies mined, produced, or so manufactured, 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 manufactt~ed 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 oublic purposes"; Chapter P.~6 of the Statutes of California, 1933. The contractor, to whom the contract may be awarded, will be required to comply with the terms of that certain act of the Legislature of the State of California known as the "California Industrial Recovery Act", Chapter 1039 Statutes of California 1933. Such contract shall c ontain a clause providing that the contractor shall give a preference of fifteen (15) per cent to supplies, articles and materials mined, manufactured or supplied in observance of any code of fair competition, approved, prescribed or issued under Title I of the National Industrial Recovery Act or under any similar law of the State of California, or in ptmsuance of any agreement entered into or approved under said laws, or in conformity with the terms prescribed in any licenses issued under said laws as the case may be, and which concerns such trade or industry and subdivision thereof as may be involved, and, in the purchasing of materials, or supplies for public use, shall give a preference of ten (10) per cent to any bidder who expressly agrees to ftmnish only such materials or supplies so mined, produced, manufactured or supplied. The successful bidder shall, within ten days, after the award, enter into a contract with the City of South San Francisco for the faitt~ful performance of the work to be done under said award. All proposals must be accompanied by a certified check upon a solvent bank of the State of California, payable to the City of South San Franc:!sco in ~u amount not less than ten per cent of the aggregate of the bid upon the condition that, if the proposal be accepted mud the contract awarded and if the bidder shall fail and neglect to execute a contract and give the bonds required, the sum mentioned in said check shall be liquidated damages for such failure and neglect and shall be forfeited to and paid into the treasury of the City of South San Francisco. The bidder to whom the contract is awarded, will be required to execute a bond for the faithful performance of his work in an amount equal to fifty (50) per cent of the amount of the undertaking with at least two responsible sureties in the full amount of excepting only where such a~ticles, 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 ~tate of CalifoEGia entitled: "An act to require the use of materials and §upplies substantially produced in the United States, in public works and for oublic purposes"; Chapter 226 of the Statutes of California, 1933. The contractor, to whom the contract may be awarded, will be required to comply with the terms of that certain act of the Legislature of the State of California known as the "California Industrial Recovery Act", Chapter 1039 Statutes of California 1933. Such contract shall contain a clause providing that the contractor shall give a preference of fifteen (15) per cent to supplies, articles and materials mined, manufactured or supplied in observance of any code of fair comoetition, approved, prescribed or issued under Title I of the National Industrial Recovery Act or under any similar law of the State of California, or in pursuance of any agreement entered into or approved under said laws, or in conformity with the terms prescribed in any licenses issued under said laws as the case may be, and which concerns such trade or industry and subdivision thereof as may be involved, and, ~n the purchasing of materials, or supplies for public use, shall give a preference of ten (10) per cent to any bidder who expressly agrees to furnish only such materials or supplies so mined, produced, manufactured or supplied. The successful bidder shall, within ten 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 proposals must be accompanied by a certified check upon a solvent bank of the State of California, payable to the City of South San Francisco in an amount not less than ten per cent of the aggregate of the bid upon the condition that, if the proposal be accepted ~nd the contract awarded and if the bidder shall fail and neglect to execute a contract and give the bonds required, the sum mentioned in said check shall be liquidated damages for such failure and neglect and shall be forfeited to and paid into the treasury of the City of South San Francisco. The bidder to whom the contract is awarded, will be required to execute a bond for the faithful performance of his work in an amount equal to fifty (50) per cent of the amount of the undertaking with at least two responsible sureties in the full amount of the bid each; and will also be req~Ired, before entering upon the work, to fLL~n~sh a good and sufficient bond, as required by an act of the Legislature of the State of California, approved 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 materials, supplies, teams, implements or machinery used or consumed by such contractor in the performance of such works, and prescribing the duties of certain ~oublic officers with respect thereto~, Chapter 303 of the Statutes of California, 1919o Sealed propYsal or bids will be delivered to the City Clerk on or before 8:0£ p.m. on ~'Ionday, the 24th day of June, 1935. All sealed proposals will be opened by said City Council in public session on Monday, the 24th day of June, 1935, at 8:00 p.m. in the council chamber of said City Cou~ Said City Council reserves the right to reject any and all bids. By order of the City Council of the City of South San Francisco. Dated J~ne 10th, 1935. _ (SEAL) DANIEL McSWEENEY City Clerk. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the Ciy of South San Francisco this 10th day of June, 193f by the following vote: Ayes, Councilmen V. BOID0, JOHN F. MAGER, M. ~INUCCIANI, R. TIBBET~S, REESE LLOYD Noes, Councilmen NONE Absent, Councilmen NONE Attest: DANIEL Mc SWEENEY City Clerk (SEAL)