HomeMy WebLinkAboutReso 703-1938RESOLUTION ORDERING THE RESURFACING OF A
PORTION OF LINDEN AVENUE IN THE CITY OF
SOUTH SAN FRANCISCO.
WHEREAS, ~on the 1Bth day of November, 19~V. the City Council of the City of South
San F~ancisco, by a resolution adopted on that date, awamded to Union Paving Co., a corp-
oration, a comtract for doing the following work in said City, to-wit:
The improvement of Linden Avenue from a point foum hundred (400) feet south of Railro
Avenue to a~point twenty-nt~e hundred (2900) Seet ~south of Railmoad Avenue, by grading and
paving said portion of Linden Avenue, at the location shown upon the plans forming a part
of the plans and specifications adopted for said work by said city council, on the 1st day
of No~ember, 19~7; and
WHEREAS, thereafter, said Union PaviFr~ Co., as party of the first part, entered into
~an agreement with said city of South San rancisco, as party of the second part for the
performance .of said work, which agreement bears date the 18th day of November, 19~7, and
WHEREAS said agreement provides that the worktherein undertaken to be performed by
said Union Paving Co. shall be completed within forty (40) working days from the date of
said agreement; and
WHEREAS more than forty (40) working days have elapsed since the date of said agree-
ment; and
WHEREAS the w6rk 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 weaming surface required to be constructed under said agreement
has humps and has had humps ever since the same was laid;
2e Said armour coat wearing sumface has hollows, and has had hollows ever since the
same was laid;
3. Said armor coat wearing surface has irregularities therein, and has had
irregularities ever since the same was laid;
4. Said armor coat wearing surface does not present a smooth riding surface, and ha
at no time presented a smooth riding surface since the same was laid;
§. There are numerous areas on said armour coat weaing surface where there is an ex
cess of bituminous binder, and this condition has existed ever since said~ annoum coat wea
surface was laid$
AND WHEREAS said specifications contain 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 agrades shown on the plans as es-
tablished 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 contractor to comply forthwith with any
order of the~Engineer made under the provisions of this articles, the Engineer
shall have authority to cause defective work to be remedied, or removed and
replaced, and unauthorized work to b e removed, and to deduct the costs thereof
from any moneys due or to beeome due the Contractor."~
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 sumfa
not later than the 27th day of September, 1938, and to proceed to properly remedy the s~
and in said communication said City Engineer notified said Union Paving Co. that~he wou~
cause said armor coat wearing surface to b e remedied as to comply with the requirements
of the above mentioned specifications, on account of'said Union Paving Co. and at the ex
pense of said Union Paving Co., and further notified said Union Paving Co. that the cost
of remedying said armom coat ~mring surface will be deducted from any money due or to be
come due to Union Paving Co.; and
........... ,= U_,__ ~..~,. n,, ~,oo e, fl,~ n~4 n~lected to commence ~o remedy said
of the plans and specifications adopted for said work by said city coUncil, on the 1st d~
of No~-ember, 1937; and
WHEREAS, thereafter, said Union Pavi~ng Co., as party of the first part, entered lnt
.an agreement with said city of South San Francisco, as party of the second part for the
performance ~of said work, which agreement bears date the 18th day of November, 1957, and
WHEREAS said agreement provides that the worktherein undertaken to be performed by
said Union Paving Co. shall be completed within forty (40) working days from the date of
said agreement; and
WHEREAS more than forty (40) working days have elapsed since the date of said agree
ment; and
WHEREAS the w6rk 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 agreement
has humps and has had humps ever since the same was laid;
2. Said armour coat wearing surface has hollows, and has had hollows ever since th
same was laid;
3. Said armor coat wearing surface has irregularities therein, and has had
irregularities ever since the same was laid;
4. Said armor coat wearing surface does not present a smooth riding surface, and h
at no time presented a smooth riding surface since the same was laid;
5. There are numerous areas on said armour coat weaing surface where there is an e
cess of bituminous binder, and this condition has existed ever since said~ armour coat we
surface was laid~
AND WHEREAS said specifications contain 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 agrades shown on the plans as es-
tablished 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 contractor to comply forthwith with any
order of the~Engineermade under the provisions of this articles, the Engineer
shall have authority to cause defective work to be remedied, or removed and
replaced, and unauthorized work to b e removed, and to deduct the costs thereof
from any moneys due or to beQome due the Contractor.",
WHEREAS, by a communication dated September 20, 1958~ the City Engineer of said
City requested said Union Paving Co. to commence to remedy said armor coat wearing surfa
not later than the 27th day of September, 1938, and to proceed to properly remedy the s~
and in said communication said City Engineer notified said Union Paving Co. thathe wou~
cause said armor coat wearing surface to b e remedied as to comply with the requirements
of the above mentioned specifications, on account of'said Union Paving Co. and at the ex.
pense of said Union Paving Co~, and further notified said Union Paving Co~ that the cost
of remedying said armom coat w~ring surface will be deducted from any money due or to be.
come due to Union Paving Co.; and
WHEREAS saidUnion Paving Co. has failed and neglected to commence ~o remedy said
~rmor coat wearing surface, and has not remedied the same, or any part thereof;
NOW THEREOF, RESOLVED BY the City Council of the City of South San Francisco that
public interest and convenience require 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 t.
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 51st day of October, 193~ ·
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 applicable
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
Truck Driver (over 18,500~lbs. and less than 20,500 lbs
carrying capacity)
1.50
1.50
1,07
2O6
Truck driver
Truck driver
truck driver
truck driver
(over 6,500 lbs. and less than 15,500
lbs. carrying capacity)
(over 4,500 lbs. and less than 6,500
lbs. carrying capacity)
(over 2,500 lbs. and less than 4,500
lbs. carrying capacity)
(less than.2,500 .lbs. carrying capacity)
1.00
0.93
0.86
0.79
Watchmen and F!agmen
0.60
Therate for any amployee'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 un-
skilled.
Overtime work will be double the above rates. Sundays and holidays (except
watchmen 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.
The city Clerk is hereby directed to cause a notice inviting sealed proposals
for doing said work and the furnishing of all materials necessary therefor ~o be published
by two (2) insertalons thereof, and not less than five (5) days apart, in "The Enterprise
and The South San Francisco Journal", a newspaper of general di~culation published and
printed in the City of South San F~ancisco, which notice shall be substantially in the
following form:
NOTICE INVITING SEALED PROPOSALS OR 3IDS
FOR THE IMPROVEMENT OF LINDEN AVENUE SOUTH
OF RAILROAD AVENUE
Notice is hereby given that sealed proposals or bids will be received by t he
city council of the city of South San Francisco on the 14th day of November, 19~, until
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 twenty-nine hundred (2900) 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 l?th
day of October, 1938, for said work, and strictly in accordance with said plans and.
specifications.
Said city council has ascertained that the general prevailing rates of per diem
wages and the general prevailing rates for legal holiday and overtime work applicable to the
work ~o be done are as follows:
CLASSIFICATION
RATE PER HOUR
Roller 0~erator $1.50
Tractor Driver 5.50
Truck Driver (Over 20,500 lbs, carrying capacity 1.15
Truck Driver (over 15,500 lbs. and less than 20,800 lbs carrying
capacity) 1.07
Truck driver (over 6,505 lbs. ~nd less and 18,500 lbs. carrying
capacity) 1.00
Truck driver (over 4,500 lbs. and less than 8,500 lbs. carrying
capacity) 0.93
truck driver (over 2,550 lbs..and less than 4,500 lbs. carrying
capacity) 0.86
truck driver (less than 2,500 lbs. carrying capacity) 0.79
Watchmen and Flagmen
.6O
The rate for any employee not listed i~ the above schedule shall not be less
than $1.10 peT 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 flagme~) double the above rates. The following are to be sonsidered holidays: New
Year's Day, De6oration Day, Independence Day, Labor Day, Admission Day, Thanksgiving Day,
Christmas Day, Saturdays and Sundays.
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,
Independence Day, Labor Day, Admission Day, Thanksgiving Day, Christ, s Day, Saturdays
and Sundays.
The city Clerk is hereby directed to cause a notice inviting sealed proposals
for doing said work and the ~ishing of all materials necessar~y therefor ~o be published
by two (2) tnsertalons thereof, and not less than five (5) days apart, in "The Enterprise
and The South San Francisco Journal", a newspaper of general di~culation 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 t he
city council of the city of South San Francisco on the 14th day of November, 19~, until
8:00 o'clock pe m. for doing the f'ollowing 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 twenty-nine hundred (2900) 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, 1938, for said work, and strictly in accordance with said plans ~nd~
specificationS.
Said city council has ascertained that the general prevailing rates of per diem
wages and the general prevailing rates for legal holiday and overtime work applicable to the
work ~o be done are as follows:
CLASSIFICATION
RATE PER HOUR
Roller Operator $1.50
TractorDriver 5.50
Truck Driver (Over 20,500 lbs, carx-ying capacity 1.15
Truck Driver (over 15,500 lbs. and less than 20,500 lbs carrying
capacity) 1.0V
Truck driver (over 6,505 lbs. and less and 15,500 lbs. carrying
capacity) 1.00
Truck driver (over 4,500 lbs. and less than 6,500 lbs. carrying
capacity) 0.93
truck driver (over 2,550 lbs..and less than 4,500 lbs. carrying
capacity) 0.86
truck driver (less than 2,500 lbs. carrying capacity) 0.79
Watchmen and Flagmen .60
The rate for any employee not listed i~ the above schedule shall not be less
than $1.10 peT 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 flagme~) double the above rates. The following are to b e considered holidays: New
Year's Day~ De6oration Day, Independence Day, Labor Day, Admission Day, Thanksgiving Day,
Christmas Day, Saturdays and Sundays.
It shall be mandatory upon the contracto~ to whom the contract is awarded, and
upon any subcontractor under h~m, 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 ($10.00)
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 com~ract, by him, or by any subcontractor under him. And such contract shall
contain a stipulation to this effect, in accordance with the provisions of Chapter 397 of the
Statutes of California, 1931.
No bid will be accepted from a contractor who has not been licensed in accord-
anco with the provisions of any act of the Legislature of the State of California, entitled:
"An act providing ~r the registration 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 licenses; providing the method of suspension and cancellation of such
licenses; and prescribing the punishment for violation of the provisions of this act." Chapter
791 of Statutes and Amendments Of 1929, as amended.
Notice if Further Hereby Given that no person, firm, partnerhsip, 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~traordinary emergency caused by fire, flood, or danger to life or property.
The cohtractor, to whom a contract for said wgrk may be awarded, shall forfeit as
a penalty to said city of South San Francisco Ten Dollars ~$10.00) for each ailen knowingly em-
ployed in the execution of such contract by him, or by any sub-contractor under him,
for each calendar day, or portion thereof, during which such alien is permitted or
quired 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 subcontractors
on all public work, except in certain cases of extraordinary emergency, providing for
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
the proper officials, providing for a forfeiture for each calendar day or portion thereo
any alien is knowingly permitted to work on public work and for a stipulation to this
effect in the contract, and ~roviding other penalties for violation of the provisions
of," approved May ~0, 19~1, ~tatutes of 19~1, page
The contract must be entered into in compliance with and subject to the conditions
imposed by Section 88~c of the Penal Code of the State of California. Such contract sba
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
$$10.00) for each laborer, workman or mechanic employed in the execution of said contrac
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 permitte
to labor more than eight (8~ hours in violation of the provisions of secion 88~c of the
penal code of the State of California.
The contract to be~arded 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 State
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 manufactured, as the case may be, in United States, excepting only
where such art~les, 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, pro-
duced 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
supplies substantially produced in the United States, in public works and for public
purposes"; Chapter 226 of the Statues of California, 1~8~.
The successful bidder shall, within ten (lC) 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 accompanied 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 (lC) percent of the aggregate of the proposal,
or by a bond for the said amount and so payable, signed by the bidder and two (2) suretie
who shall justify before any officer competent to administer an oath in double said amoun
over and above all statutory exemptions. If the proposal be accepted and 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, or the principal sum of said bond, as the case
may be, shall be liquidated damages for such failure and neglect and shall be forfeited
to and paid into the tressAry 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 hi~
work in an amount equal to fifty (80) 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 sufficient bond, as required
by an act of the Legislature of the State of California, approved May lC, 1919, entitled:
"An act to secure the payment of the claims of persons employed by contractors upon publi(
works and the claims of persons who furnish materials, supplies, teams, implements or
machiner~y used or consumed by such contractor in the performance of such works, and
prescribing the duties of certain public officers with respect thereto" Chapter
of the Statutes of California, 1919. '
Plans and specifications and proposal sheets may be obtained at the office of
George A. Kneese, City Engineer- of said City of South San Francisco, at Ncc 2382 Broad-
way, Redwood City, California.
Sealed proposals or bids will be delivered to the city clerk on or before 8:00
o'clock p~ m. on Monday the 14th day of November, 1938.
effect in the contract, and ~roviding other penalties for violation of the provisions
of," approved May 2S, 1931, ~tatutes of 1931, page 91~.
The contract must be entered into in compliance with and subject to the conditi¢
imposed by Section 6580 of the Penal Code of the State of California. Such contract s
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
~$10.00) for each laborer, workman or mechanic employed in the execution of said contx
by him, or by any subcontractor under him, upon any of the work herein mentioned, for
each calendar day during which such laborer, workm_an or mechanic is required or permit
to labor more than eight (8~ hours in violation of the provisions of secion 6§30 of tk
penal code of the State of ~alifornia.
The contract to be ~arded shall contain a further stipulation that the Contract¢
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 Sts
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 manufactured, as the case may be, in United States, excepting only
where such art~les, materials, or supplies of the class or kind to be used, or the
a~ticles, materials or supplies from which they are manufactured are not mined~ pro-
duced or manufactured, as the case may be in United States, as required by an act of t:
Legislature of the State of California entitled: "An act to require the use of materia:
supplies substantially produced in the United States, in public works and for public
purposes"; Chapter 226 of the Statues of California, 19~3.
The successful bidder shall, within ten (10) days, after the award, enter into ~
contract with the City of South San Francisco for the faithful performance of the work
to be done under said award. All sealed p~op. osals or bids shall be accompanied by a
check payable to the City of South San Francmsco, certified by a responsible bank for
an amount which shall not be less than ten (10) percent of the aggregate of the propos~
or by a bond for the said amount and so payable, signed by the bidder and two (2) sure-
who shall justify before any officer competent to administer an oath in double said am.
over and above all statutory exemptions. If the proposal be accepted and the contract
awarded and if the bidder shall fail and neglect to execute a contract and give the bo~
required, the sum mentioned in said check, or the principal sum of said bond, as the c~
may be, shall be liquidated damages for such failure and neglect and shall be forfeite(
to and paid into the tres~ry of the City of South San Francisco, The bidder to whom ti
contract is awarded will be required to execute a bond for the faithful performance of
work in an amount equal 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 ~
required before entering upon the work to furnish a good and sufficient bond, as requi~
by an act of the Legislature of the State of California, approved May 10, 1919, entitl~
"An act to secure the payment of the claims of persons employed by contractors upon pu~
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 public officers with respect thereto", Chapter 303
of the Statutes of California, 1919.
Plans and specifications and proposal sheets maYsbe obtained at the office of
George A. Kneese, City Engineer- of said City of South an Francisco, at No. 2382 Broa~
way, Redwood City, California.
Sealed proposals or bids will be delivered to the city clerk on or before 8:00
o'clock p~ m. on Monday the 14th day of November, 1938.
All sealed proposals will be opened by said city council in public session on
Monday, the 14th day of November, 1938, at 8:00 o'clock p. m. at the council chamber
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 Francisco.
Dated October 31, 1938.
Daniel ~c~weene y
Cit Clerk
- O- O- O-- O- O- O- O- O-
I hereby certify that the foregoin8 resolution was regularly introduced and adop
b Ythe ci~ council of the city of SouthSan Francisco, this 31 day of October, 1~38, b
the following vote:
A e s, Councilmen
Noes, Councilmen
V. Doido, A. J. Eschelbach, ~. W. Ratto, Rod Tibbetts
None
Absent, Councilmen
(Seal~
M. Minucciani
Attest:
Daniel McSweeney
Cit~ Clerk