CC RESOLUTION 500RESOLUTION N0. 500
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, ADOPTING "SPECIFICATIONS
NO. SWG-1 -1940 OF THE CITY OF EL SEGUNDO, CALIFORNIA"
FOR TEE WIDENING AND IMPROVEMENT OF A PORTION OF
GRAND AVENUE IN SAID CITY.
The City Council of the City of E1 Segundo, California,
does resolve, declare and determine as follows:
SECTION 1. That the following specifications, being
and to be known as "SPECIFICATIONS NO. SWG-1 -1940 OF THE CITY
OF EL SEGUNDO, CALIFORNIA ", for the widening and improvement of
"rand Avenue from Concord Street to the Westerly city boundary
of the City of E1 Segundo, California, be and the same are
hereby adopted:
GENERAL SPECIFICATIONS
DEFINITIONS: Whenever in these specifications or in
any contract awarded hereunder the following terms, or pronouns
in place of them are used, the intent and meaning shall be in-
,terpreted as follows:
Contract Documents. Contract Documents consist of
Notice Inviting Bids, Proposal, Schedule, Contractorts Bonds,
the Agreement, the Drawings and the Specifications, including
all modifications thereto. These form the Contract.
City. The City of E1 Segundo, a Municipal Corporation
of the Sixth Class, incorporated under the laws of the State of
California, or its duly authorized representative.
Engineer. The City Engineer of E1 Segundo, and /or the
Street Superintendent or their duly authorized representative.
!!nntrnntor. The word Contractor used in these speci-
fications and /or in the Contract Documents means the person,
firm, partnership or corporation with whom the contract is made
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by the City of E1 Segundo. During the absence of the Con-
tractor from the work, his foreman or designated agent shall
be held to represent him.
Plans. All drawings or reproductions of drawings
pertaining to the location and construction of the work embraced
in this contract.
S-naci fi a .in s. The directions, provisions and re-
quirements contained herein, together with all written agreements
pertaining to the method and manner of performing the work, or
to the quantities and qualities of materials to be furnished
under the contract.
FORK: OF PROPCSAL: The Proposal shall be made on the
form provided by the City therefor. All blank spaces to be filled
in and the phraseology of the Proposal shall not be changed. It
shall be enclosed in a sealed envelope marked and addressed as
required in the Notice to Bidders. The Bidder shall state in
words and figures the unit prices or specific sums, as the case
may be, for which he proposes to furnish the labor, materials,
supplies or machinery and perform the work required by these
specifications.
Any unauthorized condition, limitation, or proviso
attached to the proposal will be liable to render it informal and
cause its rejection.
01"S FT .®TTQN AND ESTJ"TRD Q'_U,ANTTTTER OF WORYi
The classification and estimated quantities of work to be done
under these specifications are as shown in the proposal form.
Any quantities are approximate only and will be used for a com-
parison of bids and no claim shall be made against the City for
excess or deficiency therein, actual or relative. Payment at
the prices agreed upon will be in full for the completed work
and will cover materials, supplies, labor, tools, machinery and
all other expenditures incident or necessary to a compliance
with the contract in a manner satisfactory to the City, unless
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otherwise specifically provided.
ASSIGNMENT: Neither party to the contract shall assign
the contract or sublet it as a whole without the written consent
of the other, nor shall the Contractor assign any moneys due or
to become due to him hereunder, without the previous written
consent of the City Council of said City.
DETAIL DRAWINGS AM INSTRUCTIONS: The Engineer shall
furnish, with reasonable promptness, additional instructions, by
means of drawings or otherwise, necessary for the proper execution
of the work. All such drawings and instructions shall be consis-
tent with the Contract Documents, true developments thereof, and
reasonably inferable therefrom.
COPIES OF DRAWINGS FURNISHED: The Engineer will furnish
to the Contractor, free of charge, all copies of drawings and
specifications reasonably necessary for the execution of the work.
SURVEYS: The City shall furnish all surveys unless
otherwise specified. The Contractor shall provide reasonable and
necessary opportunities and facilities for setting points and
making measurements. He shall not proceed until he has made
timely demand upon the Engineer for, and has received from him,
such points and instructions as may be necessary as the work
progresses. The work shall be done in strict conformity with
such points and instructions. The Contractor shall carefully
preserve bench marks, reference points and stakes, and in case
of willful or careless destruction, he shall be charged with the
resulting expense and shall be responsible for any mistakes that
may be caused by their unnecessary loss or disturbance.
INSPECTION OF WORK: The Engineer and his representatives
shall at all times have access to the work wherever it is in pre-
paration or progress and the Contractor shall provide proper
facilities for such access and for inspection.
Work or material that does not conform to the specifi-
cations, although accepted through oversight, or otherwise, may
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be rejected at any stage of the work. Whenever the Contractor
on installation or construction is permitted or directed to do
night work or to vary the period during which %o rk is carried on
each day, he shall give the Engineer due notice, so that inspec-
tion may be provided.
If the specifications, the Engineer's instructions, laws,
ordinances, or any public authority require any work to be spe-
cially tested or approved, the Contractor shall give the Engineer
timely notice of its readiness for inspection, and if the in-
spection is by another authority than the Engineer, of the date
fixed for such inspection. Inspection by the Engineer shall be
promptly made, and where practicable at the source of supply.
If any work should be covered up without approval or consent of
the Engineer, it must, if required by the Engineer, be uncovered
for examination at the Contractor's expense.
Re- examination of questioned work may be ordered by
the Engineer, and if so ordered the work must be uncovered by
the Contractor, If such work be found in accordance with the
Contract Documents, the City shall pay the cost of re- examination
and replacement. If such work be found not in accordance with the
Contract Documents, the Contractor shall pay such cost, unless he
shall show that the defect in the work was caused by another Con-
tractor, and in that event the City shall pay such cost.
SUPERINTENDENCE - SUFERVIBION3 The Contractor shall
keep on his work, during its progress, a competent superintendent
and any necessary assistants, all satisfactory to the Engineer.
The superintendent shall not be changed except with the consent
of the Engineer unless the superintendent proves to be unsatis-
factory to the Contractor and/or ceases to be in his employ. The
superintendent shall represent the Contractor in his absence and
all directions given to him shall be as binding as if given to
the Contractor. Important directions shall be confirmed in
writing to the Contractor. Other directions shall be so confirmed
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on written request in each case. The Contractor shall give
efficient supervision to the work, using his best skill and
attention.
When two or more Contractors are engaged on installs-
tion or construction work in the same vicinity, the Engineer shall
have authority to direct the manner in which each shall conduct
his work so far as it affects other Contractors.
If the Contractor, in the course of the work, finds any
discrepancy between the plans and the physical conditions of the
locality, or any errors or omissions in plans or in the layout
as given by points and instruction, it shall be his duty to
immediately inform the Engineer, in writing, and the Engineer
shall promptly verify the same. Any work done after such dis-
covery, until authorized, will be done at the Contractor's risk.
USE OF COMPUTED The City shall have the
right to take possession of and use any completed or partially
completed portions of the work, notwithstanding the time for
completing the entire work or such portions may not have expired;
but such taking possession and use shall not be deemed an accept-
ance of any work not completed in accordance with the Contract
Documents. If such prior use increases the cost of or delays
the work, the Contractor shall be entitled to such extra com-
pensation, or extension of time, or both, as the City Council
of said City may determine.
TBE CITY'S RIGHT TO DO WORK: If the Contractor should
neglect to prosecute the work properly or fail to perform any
provision of the contract, the City, after three (3) days'
written notice to the Contracbr, may, without prejudice to any
other remedy he may have, make good such deficiencies and may
deduct the cost thereof from the payment then or thereafter
due the Contractor.
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THE CITY'S RIGHT TO TERMINATE CONTRACT: If the
Contractor fails to begin the delivery of the material or to
commence work as provided in the contract, or fails to make
delivery of material promptly as ordered, or to maintain the rate
of delivery of material or progress of the work in such a manner
as in the opinion of the Engineer will insure a full compliance
with the contract within the time limit, or if in the opinion of
the Engineer the Contractor is not carrying out the provisions
of the contract in their true intent and meaning, written notice
will be served on him to provide within a specified time for a
satisfactory compliance with the contract, and if he neglects or
refuses to comply with such notice it shall be lawful for the
City to declare the contract to be in default and to order said
Contractor to discontinue the work or any part thereof, desig-
nated in such notice; and upon such notification the Engineer
shall discontinue the work or such part thereof as the City may
designate, and the City shall thereupon have the right and power
to complete the work embraced in the contract, or such part
thereof as may be designated, by recontracting same, or in any
manner that the City shall determine, and for that purpose take
possession of and use without allowance or liability to the con-
tractor or otherwise, except as specially provided in this
paragraph, any materials, supplies, machinery, tools, equipment
or other property which may have been provided by the Contractor
for the purposes of said work, and to procure any other materials,
tools, equipment and appliances which the City shall deem necess-
ary for the completion of the same, and the Contractor and his
sureties shall be liable to the City for any excess costs so
incurred in completing same; and the City may apply any money
due or that may at any time thereafter become due the Contractor
under and by virtue of this contract, or any part thereof in
payment of such expenses, and in case such expense exceeds the
amount which would have been payable under the contract if the same
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had been completed by the Contractor, he shall pep the amount
of such excess to the City, and in case such expense shall be
less than the amount which «rould have been payable under the
contract if the same had been completed by the Contractor, he
shall receive the difference. Upon completion by the City of
the work or portion of the work in the above event, the Engineer
will return to the Contractor, at the place where taken, such
portion of the materials and supplies, taken possession of as
aforesaid, as shall not have been expended in connection with
the construction of the work, and also plant, machinery, tools,
equipment, animals and other property taken possession of as
aforesaid, subject to deterioration or loss from ordinary use,
wear and tear, for which the City shall not be liable. When
any particular part of the work is being carried on by the
Engineer, by contract or otherwise, under the provisions of this
paragraph, the Contractor shall continue the remainder of the work,
if any, in conformity with the terms of his contract and in such
manner as in no wise to hinder or interfere with the persons or
workmen employed as above provided, by the City by contract or
otherwise, to do any part of the work or to complete the same
under the provisions of this paragraph.
RRONNAL OF EQUIPMENT: In the case of annulment of
this contract before completion from any cause whatever, the
Contractor, if notified to do so by the City, shall promptly
remove any part or all of his equipment and supplies from the
property of the City, failing which the City shall have the right
to remove such equipment and supplies at the expense of the
Contractor.
SEPARATE COB7TRACTS: The City reserves the right to
let other contracts in connection with this work. The Contractor
shall afford other contractors reasonable opportunity for the
introduction and storage of their materials and the execution of
their work, and shall properly connect and coordinate his work
with theirs.
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If any part of the Contractor's work depends for
proper execution or results upon the work of any other Contractor,
the Contractor shall inspect and promptly report to the Engineer
any defects in such work that render it unsuitable for such
proper execution and results. His failure so to inspect and
report shall constitute an acceptance of the other Contractor's
work as fit and proper for the reception of this work, except
as to defects which may develop in the other Contractor's work
after the execution of his work.
To insure the proper execution of his subseeuent work,
the Contractor shall measure work already in place and shall at
once report to the Engineer any discrepancy between the executed
work and the drawings.
SUBCONTRACTS: The Contractor shall, as soon as prac-
ticable after the signature of the contract, notify the Engineer
in writing of the names of subcontractors proposed for the work
and shall not employ any that the Engineer may within a reason-
able time object to as incompetent.
The Contractor agrees that he is as fully responsible
to the City for the acts and omissions of his subcontractors and
of the persons either directly or indirectly employed by them, as
he is for the acts and omissions of persons directly employed
by him.
Nothing contained in the Contract Documents shall create
any contractual relation between any subcontractor and the City.
All subcontracts shall be in writing and a certified
copy thereof shall be furnished to the City. Each subcontract
shall contain a reference to the agreement between the City and
the Contractor and the terms of that agreement and all parts
thereof shall be made part of such subcontract, insofar as
applicable to the work covered thereby. Each subcontract shall
provide for its annulment at the order of the Engineer if, in
his opinion, the subcontractor fails to comply with the requirements
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of the principal contract, insofar as the same may be appli-
cable to his work.
ENGIIOER'S STATUS: The Engineer shall have general
supervision and direction of the work. He has authority to
stop the work whenever such stoppage may be necessary to insure
the proper execution of the Contract. He shall also have
authority to reject all work and materials which do not conform
to the contract, to direct the application of forces to any
portion of the work, as in his judgment is required and to order
the force increased or diminished, and to decide questions
which arise in the execution of the work.
ENGINEER'S DECISIOIB : The Engineer shall, within a
reasonable time after their presentation to him, make decisions
In writing on all claims of the City or the Contractor and on
all other matters relating to the execution and progress of
the work or the interpretation of the Contract.Documents.
All such decisions of the Engineer shall be final
except in cases where time and /or financial considerations are
involved, which, if no agreement in regard thereto is reached,
shall be subject to arbitration.
ARBITRATION: Should any dispute subject to arbitra-
tion arise between the City and the Contractor, or between the
latter and the Engineer, the disputed matter shall be referred
to and decided by arbitrators chosen in the usual manner; that
is to say, the City shall choose one arbiter, the Contractor
another, and the two so chosen shall choose a third arbiter, in
case they cannot agree. No one shall be nominated or act as
arbiter who is in any way financially or otherwise interested
in this Contract or in the business affairs of either the City
or the Contractor. The decision of such arbiters shall be
binding upon both parties hereto and the expense of such
arbitration shall be borne equally by the parties hereto.
In case it shall be necessary to resort to such
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arbitration during the progress of said work the progress of the
latter shall not be delayed on account of such arbitration.
It is understood that no advantage will be taken of any dis-
crepancy that may be found in any plan or specification.
IPIIIEMNITY: The Contractor shall indemnify and save
harmless the City from and against all losses and all claims,
demands, payments, suits, actions, recoveries and judgments of
every nature and description brought or recovered against him, by
reason of any act or omission of the said Contractor, his agents
or employees, in the execution of the work or in the guarding of
it. The City reserves the right to post the necessary notices,
according to law, to protect itself and property against mechanics,
liens.
CONTRACTOR'S UNDERSTANDING: It is understood and agreed
that the Contractor has, by careful examination, satisfied him-
self as to the nature and location of the work, the conformation
of the ground, the character, quality and quantity of the mater-
ials to be encountered, the character of equipment and facilities
needed preliminary to and during the prosecution of the work, the
general and local conditions, rules and ordinances, has read all
the Contract Documents, including the plans and specifications,
and understands them, and all other matters which can in any way
affect the work under this contract. No verbal agreement or
conversation with any officer, agent or employee of the City,
either before or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained.
PERMITS AND REGM ATIONS: All permits and licenses
necessary for the prosecution of the work shall be secured and
paid for by the Contractor. Easements for permanent structures
or permanent changes in existing facilities shall be secured
and paid for by the City, unless otherwise specified.
The Contractor shall give all notices and comply with
all laws, ordinances, rules and regulations bearing on the
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conduct of the work as drawn and specified. If the Contractor
observes that the drawings and specifications are at variance
therewith, he shall promptly notify the Engineer in writing,
and any necessary changes shall be adjusted as provided in the
contract for changes in the work. If the Contractor performs
any work knowing it to be contrary to such laws, ordinances,
rules and regulations, and without such notice to the Engineer,
he shall bear all costs arising therefrom.
rYORR MSBIP: All work shall be done and completed in
a thorough, workmanlike manner, notwithstanding any omission
from these specifications or the drawings, and it shall be the
duty of the Contractor to call attention to apparent errors or
omissions and request instructions before proceeding with the
work. The Engineer may, by appropriate instructions, correct
errors and supply omissions, which instructions shall be as
binding upon the Contractor as though contained in the original
specifications or drawings.
None but skilled workmen or foremen shall be employed
on work requiring special qualifications. The Contractor shall
discharge from his service any person employed on or in connec-
tion with the work, who is found by the Engineer to be disorderly,
insubordinate, incompetent or otherwise unfit. The use of in-
toxicants is strictly forbidden. Infringement of this rule will
be cause for discharge. Such discharge shall not be the basis
for a claim for compensation or damages against the City or any
of its officers or employees. Neither party shall employ or hire
any employee of the other party without his consent.
COMPENSATION INSURANCE: Before entering upon the per-
formance of any part of the work herein provided for, the Con-
tractor shall procure, and at all times thereafter during the
continuance of any work must maintain in full force and effect,
Compensation Insurance at his own expense, covering his full
liability for compensation to any and all persons who may be
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employed in the performance thereof, in conformity with the
provisions of the Workmen's Compensation Insurance and Safety Act
of the State of California, approved May 26, 1923, or subsequent
revisions, and any other laws relating to such matters.
CONTRACTOR'S FINANCIAL. OBLIGATION: The Contractor
shall make prompt payments to all persons supplying labor and
materials in the execution of the Contract.
LANDS: The City shall provide the lands upon which
the work under this contract is to be done. The Contractor shall
conduct construction operations within the limits of the property
shown upon the plans. If additional lands are used or occupied
by the Contractor he shall acquire the right to the use of such
lands at his own expense and shall be liable for any damage caused
by his operations.
PROTECTION OF WORK. The Contractor shall be responsible
for any material or equipment furnished him, and for the care of
all work until its completion and final acceptance, and he shall,
at his own expense, replace damaged or lost material and repair
damaged parts of the work or equipment, or the same may be done
at his expense by the Engineer and his sureties shall be liable
therefor. He shall take all risks from floods and casualties and
shall make no charge for detention from such causes. He may,
however, be allowed a reasonable extension of time on account of
such detention, subject to the conditions hereinbefore specified.
The Contractor expressly stipulates and agrees to erect and main-
tain good and sufficient guards, barricades and signals at all
unsafe places on the work, and to place and maintain all lanterns
necessary on the work to properly protect the public. He shall
maintain such additional barricades or lights as the Engineer may
direct. Furthermore, he shall agree to indemnify and safe harm-
less the City from all suits and actions brought against the City
for, or on account of any injuries or damages received or sus-
tained by any persons by reason of the failure of said Contractor
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or his or their agents or employees in carrying on said work,
or by or on account of any act or omission in the performance
of said work. And it is agreed and understood by the Con-
tractor that so much of the money which shall be due him under
and by virtue of the contract for this improvement as shall be
considered necessary by the City may be retained by the City
until all suits or claims for damages shall be settled and
evidence to that effect is furnished to the said City, in
addition to the percentage reserved as otherwise herein provided.
CHANGES BY CITY; The City reserves the right to make
such changes in the plans as may be deemed advisable as the work
progresses without notice to or affecting the obligations of the
surety on the Contractor's Bond. The Contractor shall execute
and complete the work as required by such changes, at the unit
prices submitted in his proposal.
CHANGES AT CONTRACTOR'S REgIIEST: If the Contractor,
on account of conditions developing during the progress of the
work, finds it impracticable to comply strictly with these speci-
fications and applies in writing for a modification of require-
ments or of methods of work, such change may be authorized by the
Engineer if not detrimental to the work and if without additional
cost to the City.
DELAYS AND EXTENSION OF TIPS: If the Contractor be
delayed at any time in the progress of the work by any act or
neglect of the City, or of its employees, or by any other Con-
tractor employed by the City, or by changes ordered in the work,
or by strikes, lockouts, fire, unusual delay in transportation,
unavoidable casualties or any causes beyond the Contractor's con-
trol, or by delay authorized by the Engineer pending arbitration,
or by any cause which the said Council shall decide to justify
the delay, then the time of completion shall be extended for such
reasonable time as the said Council may decide.
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No such extension shall be made for delay occurring
more than seven (7) days before claim therefor is made in writing
to the said Council. In the case of a continuing cause of delay,
only one claim is necessary.
If no schedule or agreement stating the dates upon
which drawings shall be furnished is made, then no claim for
delay shall be allowed on account of failure to furnish drawings
until two weeks after demand for such drawings and not then
unless such claim be reasonable.
This article does not exclude the recovery of damages
for delay by either party under other provisions in the Contract
Documents.
CLIMATIC CONDITIONS: The Engineer may order the Con-
tractor to suspend any work that may be subject to damage by
climatic conditions. When delay is caused by an order to suspend
work, given on account of climatic conditions that could not have
been reasonably foreseen, the Contractor will be entitled to an
extension of time equal to the period of suspension, on account
of such order.
CLEANING UP: The Contractor shall, as directed by the
Engineer, remove from the City's property and from all public
and private property, at his own expense, all temporary structures,
rubbish and waste materials resulting from his operations, and in
the event of his failure to do so, they may be removed by the City
at the Contractor's expense.
CONTRACTOR'S LICENSE NWBER: 1,4hen submitting a bid,
the Contractor shall state the number of his State of California
license.
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LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC:
(a) Laws to be Observed. The Contractor shall keep
himself fully informed of all existing and future State and
national laws and all municipal ordinances and regulations
of the City of E1 Segundo which in any manner affect those
engaged or employed in the work, or the materials used in
the work, or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies or tribunals
having any jurisdiction or authority over the same.
(b) Alien Labor. - The Contractor shall forfeit as
penalty to the City of E1 Segundo Ten Dollars ($10.00) for
each alien knowingly employed in the execution of the con-
tract, by him or by any subcontractor under him, on any of
the work herein mentioned, for each calendar day, or portion
thereof, during which such alien is permitted or required to
labor in violation of the provisions of Article 4, Chapter 1,
Part 7, Division 2 of the Labor Code.
(c) Hours of Labor.- The Contractor shall forfeit,
as penalty to the City of E1 Segundo, Ten Dollars ($10.00)
for each labor, workman, or mechanic employed in the execution
of the contract by him, or by any subcontractor under him,
upon any of the work hereinbefore mentioned, for each calendar
day during which said laborer ,workman, or mechanic is re-
quired or permitted to labor more than eight hours in
violation of the provisions of Article 3, Chapter 1, Part 7,
Division 2 of the Labor Code.
(d) Prevailing Wage.- The Contractor shall forfeit as
penalty to the City of E1 Segundo 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 general prevailing rate of wages hereinafter
stipulated for any work done under the attached contract, by
him, or by any subcontractor under him, in violation of the pro-
visions of Article 2, Chapter 1, Part 7, Division 2 of the Labor
Code.
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In accordance with provisions of Section 1770 of the
Labor Code, the City Council of the City of E1 Segundo has ascer-
tained the general prevailing rate of wages applicable to the
work to be done to be as follows:
Classification.
Rate per diem.
Air Compressor operator
$8.80
Blade grader operator (Finish work)
8.00
Cement finisher (sidewalks, curbs and gutters)
10.00
Mechanic (trouble shooter)
8.00
Operator of power shovel or other excavating
equipment, shovel type controls (3/4
cubic yard more)
11.00
Asphalt Maker
8.00
Asphalt Shoveler
6100
Roller operator
8.00
Tractor Driver
8.00
Concrete mixer operator (except paving type)
7.44
Concrete worker for structures (wet and dry)
6.16
Grader operator (towing or motor, rough work)
6.40
Jackhammer operator
6.00
Oil distributor bootman
6.00
Truck driver
6.40
Flagman
5.00
Guard
5.00
Handyman (roustabout)
5.00
Laborer
5.00
Any classification omitted herein not less than 5.00
Overtime- One and one -half times the above
rates - Sundays and holidays (except watchmen,
guards, and flagmen) one and one -half times
the above rates.
The foregoing schedule of per diem wages is
based upon a working day of eight (8) hours.
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 laborers, workmen
and mechanics employed by them in the execution
of the contract.
(e) Domestic Materials.- Only such manufactured
articles, materials, and supplies as have been mined or
produced in the United States, and only such manufactured
articles, materials, and supplies as have been manufactured
in the United estates, substantially all from articles, mater-
ials, and supplies mined, produced, or so manufactured, as
the case may be, in the united States, shall be used in the
performance of the contract in accordance with the provisions
of an Act entitled:
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".fin act to require the use of materials
and supplies substantially produced in
the United States, in public works and
for public purposes." Chapter 226,
Statutes of 1933.
Any person, firm or corporation, who fails to
comply with the provisions of the act, shall not be awarded
any contract to which the act applies for a period of three
years from date of violation.
(f) Patents. The Contractor shall assume all respon-
sibilities arising from the use of patented materials, equip-
ment, devices, or processes used on or incorporated in the
work.
(g) Public Convenience and Safety. - The Contractor
shall so conduct his operations as to cause the least
possible obstruction and inconvenience to public traffic.
Unless other existing streets are stipulated in the special
provisions to be used as detours, all traffic shall be
permitted to pass through the work.
Residents along the road or street shall be provided
passage as far as practicable. Convenient access to drive-
ways, houses, and buildings along the road or street shall
be maintained and temporary crossings shall be provided and
maintained in good condition. Not more than one cross or
intersecting street or road shall be closed at any one time
without the approval of the Engineer.
The Contractor shall furnish, erect, and maintain such
fences, barriers, lights and signs as are necessary to give
adequate warnings to the public at all times that the road
or street is under construction and of dangerous conditions
to be encountered as a result thereof, and he shall also
erect and maintain such warning and directional signs as
may be furnished by the City.
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MEASIIIUVENT AND PAYMENT.
(a) Extra and Force Account work.- Extra work as herein -
before defined, when ordered and accepted, shall be paid for
under a written work order in accordance with the terms there-
in provided. Payment for extra work will be made at the unit
price or lump sum previously agreed upon by the Contractor
and the Engineer; or by force account.
If the work is done on force account the Contractor shall
receive the actual cost of all materials furnished by him as
shown by his paid vouchers, plus fifteen per cent (15%) and
for all labor, equipment and teams that are necessary he shall
receive the current prices in the locality, which shall have
been previously determined and agreed to in writing by the
Engineer and by the Contractor, plus fifteen per cent (15 %);
provided, however, that the City reserves the right to furnish
such materials required as it deems expedient, and the Con-
tractor shall have no claim for profit on the cost of such
materials. The price paid for labor shall include any com-
pensation insurance paid by the Contractor.
All extra work and force account shall be adjusted daily
upon report sheets, prepared by the Engineer, furnished to the
Contractor and signed by both parties, which daily reports
shall thereafter be considered the true record of the extra
work or force account work done.
(b) Progress Payments. - The City shall, once in each
month, cause an estimate in writing to be made by the City
Engineer of the total amount of work done and the acceptable
materials furnished and delivered by the Contractor on the
ground and not used, to the time of such estimate, and the
value thereof. The City of E1 Segundo shall retain ten per
cent (10 %) of such estimated value of the work done and fifty
per cent (50 %) of the value of the material so estimated to
Fe M
:)"31!f
have been furnished and delivered and unused as aforesaid
as part security for the fulfillment of the contract by
the Contractor, and shall monthly pay to the Contractor,
while carrying on the work, the balance not retained, as
aforesaid, after deducting therefrom all previous payments
and all sums to be kept or retained under the provisions of
the contract. No such estimate or payment shall be required
to be made, when, in the judgment of the City Engineer, the
work is not proceeding in accordance with the provisions of
the contract, or when in his judgment the total value of
the work done since the last estimate amounts to less than
three hundred dollars ($300.00).
(c) Final Payment.- The City Engineer shall, after
the completion of the contract, make a final estimate of
the amount of work done thereunder, and the value of such work,
and the City of E1 Segundo shall pay the entire sum so found
to be due after deducting therefrom all previous payments and
all amounts to be kept and all amounts to be retained under
the provisions of the contract. All prior partial estimates
and payments shall be subject to correction in the final esti-
mate and payment. The final payment shall not be due and pay-
able until the expiration of thirty -five (35) days from the
date of acceptance of the work by the City Council.
It is mutually agreed between the parties to the contract
that no certificate given or payments made under the contract,
except the final certificate or final payment, shall be con-
clusive evidence or the performance of the contract, either
wholly or in part, against any claim of the party of the
first part, and no payment shall be construed to be an accept-
ance of any defective work or improper materials.
And the Contractor further agrees that the payment of
the final amount due under the contract, and the adjustment
and payment for any work done in accordance with any altera-
ONO
aaa y
tions of the same, shall release the City of El Segundo,
the City Council and the Engineer from any and all claims
or liability on account of work performed under the
contract or any alteration thereof.
SPECIAL PRO VISION$ .
The work embraced herein shall be done in accordance
with the appropriate provisions of construction details, Section
10 to Section 72, inclusive, of the Specifications entitled
"State of California, Department of Public works, Division of
Highways, Standard Specifications, January, 1935" insofar as the
same may apply, which specifications are hereinafter referred to
as the Standard Specifications, a true and correct copy of which
is on file in the office of the City Engineer and open to public
inspection, and is hereby referred to and by this reference in-
corporated herein and made a part hereof, and in accordance with
the following special conditions:
Whenever in the Standard Specifications the following
terms are used, they shall be understood to mean and refer
to the following:
Department of Public works
Division of Highways
Engineer
Laboratory
- City Council of E1 Segundo
- City Council of E1 Segundo
- See definitions
- The definite laboratory
authorized by the City of
El Segundo to test materials
and work involved in the
contract.
State - The City of E1 Segundo,Calif.
Other terms appearing in the Standard Specifications,
the General Provisions, and these special provisions, shall have
the intent and meaning specified in Section 1, Definitions of
Terms of Standard Specifications.
In case of a conflict between the Standard Specifications
and these special provisions, the special provisions shall take pre-
cedence over and be used in lieu of such conflicting portions.
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QUANTITIES.
The following preliminary estimate of the work to
be done and materials to be furnished are approximate only,
being given as a basis for the comparison of bids, and the City
of E1 Segundo does not expressly or by implication agree that
the actual amount of work will correspond therewith, but reserves
the right to increase or decrease the amount of any class or
portion of the work or to omit portions of the work that may be
deemed necessary or expedient by the Engineer.
Item
1.
1400
Cu,
yd.
Item
2.
100
Cu.
yd.
Item
3.
1925
Sq.
yd.
Item
4.
800
Sq.
yd.
Item
5.
750
Sq.
ft.
Item
6.
1620
In.
ft.
Item
7.
260
tons
Item
8.
685
tons
Item
9.
1800
In.
ft.
Item
10.
1100
Sq.
ft.
DESCRIPTION OF WORK.
.;fee re a
Roadway Excavation
Street Excavation
Preparing Subgrade
Removal of macadam pavement
Removal of sidewalk (Concrete)
Removal of curbing (Concrete)
Decomposed granite sub -base
Plant -mixed pavi (Grade E Asphalt)
Concrete Curbing (Class B)
3i -inch Concrete sidewalk
The work to be done consists of the widening and improve-
ment of Grand Avenue between Concord Street and the westerly city
boundary of the City of E1 Segundo and includes the removal and
disposal of sidewalk, curbing and macadam pavement where shown on
plans; excavation of roadway; construction of concrete sidewalk,
curbing and driveways, plant -mixed paving where shown on plans,
and all other items and facilities necessary or incidental to a
complete and workmanlike improvement as contemplated by the plans
and specifications.
Said work to be done is shown and marked upon a plan
of two (2) sheets Nos. M- 390910 -AAand h- 390910 -BB.
OONNECTING MRK.
The City of E1 Segundo will perform all work incidental
to the relocation of water and /or sewer lines and /or structures
at its own expense.
OONSTRUCT13ON DETAILS.
Curbs. All curbs shall be installed as shown on the
21-
plans and in accordance with Resolution of the Board of Trus-
tees of the City of E1 Segundo, California, adopting specifi-
cations No. 7, for the construction of cement curbs within the
said city.
Sidewalks All sidewalk shall be installed as shown
on the plans and shall conform with the requirements of Resolu-
tion No. 33 of the City of El Segundo, a Resolution of the
Board of Trustees of the City of E1 Segundo, California, adopting
specifications No. 8, for the construction of cement sidewalks
within the said city.
Excavation. All excavation shall conform with Section
13 of the Standard Specifications.
Sub - Grade. All sub -grade shall be in conformance with
the requirements for the specific type of sub -grade as set forth
in Section 14 of the Standard Specifications.
Plant -mixed Paving
Base Course. Plant -mixed base course shall conform
with the requirements of Section 32 (h) of the Standard Specifi-
cations except that Grade E asphaltic cement shall be used in
lieu of the grade specified therein.
Surfacing. Plant -mixed surfacing shall conform with
the requirements of Section 32 (j) of the Standard Specifications
except that Grade E asphaltic cement shall be used in lieu of the
grade specified therein.
Asphaltic Cement. Asphaltic cement, Grade E, shall
conform with the requirements of Section 69 of the Standard
opeai.fi cations .
SECTION 2. That the City Clerk shall certify to the
passage and adoption oo this resolution; shall enter the same
in the book of resolutions of said city, and shall make a minute
of the passage and adoption thereof in the records of the pro-
ceedings of the City Council of said city, in the minutes of
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x zx kr„ 1
the meeting at which the same is passed and adopted.
Passed, approved and adopted this29th day of May,
A. D., 1940.
Mayor of the City of
E1 Segundo, California.
A T:
ity 04rk
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF EL SEGUNDO ))
I, Victor D. McCarthy, City Clerk of the City of
E1 Segundo, California, do hereby certify that the whole
number of members of the City Council of the said City is five;
that the foregoing resolution, being T- esolution No. 500 , was
passed and adopted by the said City Council, approved and signed
by the Mayor of said city and attested by the City Clerk of said
city, all at a regular meeting of the said Council held on the
29th day of May, A. D., 1940, and that the same was so passed
and adopted by the following vote:
.AYES: Councilmen Gerow, Hesser, Love, Selby and Mayor Binder ;
NOES: Councilmen None ;
ABSENT: Councilmen None
ty Clerk of th City of
E1 Segundo, Cal fornia.
(SEAL)
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