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CC RESOLUTION 1053RESOLUTION NO. 105 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING SPECIFICATIONS OF THE CITY OF EL SEGUNDO, CALIFORNIA, NUMBER A -1949, "GENERAL REQUIREMENTS IN CONNECTION WITH PUBLIC WORK IN AND FOR THE CITY OF EL SEGUNDO, CALIFORNIA ", DECEMBER 1949. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RFSOLV -', DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That those certain specifications designated, numbered and known as "SPECIFICATIONS OF THE CITY OF EL SEGUNDO, CALIFORNIA, NUMBER A -1949, 'GENERAL REQUIREMENTS IN CONNECTION 7JITH PUBLIC �'dORK IN AND FOR THE CITY OF EL SEGUNDO, CALIFORNIA', DECEMBER 194911, presented to this Council at this meeting, be and the same are hereby approved by the City Council of the City of E1 Segundo, California. SECTION 2. That a full, true and correct copy of said Specifications Number A -1949 hereinabove referred to and approved in Section 1 of this resolution is hereunto attached, designated as "Exhibit A ",and hereby referred to and by this reference ex- pressly incorporated herein and made a part hereof. SECTION 3. That this resolution shall take effect immediately. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of resolutions of the City Council of the City of E1 Segundo, California, and shall make a minute of the passage and adoption thereof in the records of the proceedings -1- of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 21st day of December, 1949. 4ayoW�Mhe City of E1 Segundo, California. -2- w �v o ` c� 4' STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) as. ) CITY OF EL SEGUNDO. ) I. Victor D. LcCarthy, City Clerk of the City of El 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 Resolution No _ in51 Was passed and adopted by the said City Council, pro tem approved and signed by the n:.ayoE/ of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 21st day of December, 1949, and that the same was so passed and adopted by the following vote: Councilmen Baker, Peterson, Thompson and Mayor pro tem Fwanson, NOES: Councilmen AB6ENT: Councilmen Mayor Selby. -71T17 i,55 my hand and the official seal of said City this 21st day of -3- SPECIFICATIONS OF THE CITY OF EL SEGUNDO, CALIFORNIA NUMBER A -1949 "GENERAL REQUIREMENTS IN CONNECTION WITH PUBLIC WORK IN AND FOR THE CITY OF EL SEGUNDO, CALIFORNIA ". December 1949 Approved December 21, 1949 0111 Charles E. Lortz City Engineer GENERAL REQUIREi +TENTS 1. WORK AND PLANS: The work to be done under these speci- fications shall include the furnishing of all labor, material and equipment necessary for or appurten- ant to, the construction and completion of all work herein specified, in accordance with plans, profiles and other drawings on file in the office of the Engineer. All work shall, during its progress, and on its completion, conform to lines, eleva- tions and grades shown on said plans, profiles, cross sections and other drawings. The work shall be done in a thorough workmanlike manner, to the satisfaction of the Engineer. Copies of the plans, pro- files, other drawings and specifications furnished by the Engineer shall be kept upon the work, and access thereto shall at all times be accorded to the Engineer. 2. EXAMINATION OF GROUND: Bidders must examine and judge for themselves as to the location and sur- roundings of the proposed work, the nature of the excavation to be made, and the work to be done. The plans, profiles and other drawings for the work will show conditions as they are supposed or believed by the Engineer to exist, but it is not intended or to be inferred that the conditions as shown thereon constitute a representation by the City, or its officers, that such conditions are actually existent, nor shall the City or any of its officers be liable for any loss sustained by the Contractor as a result of any variance between conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise. 3. SETTING STAKES: The Contractor shall give twenty -four (24) hours notice in writing when he will require the services of the Engineer for laying out any portion of the work, and shall dig all holes necessary for line and grade stakes. The Contractor shall preserve all stakes set for the lines, grades or measurements of the work in their proper places until authorized to remove them by the Engineer. Any expense incurred in replacing said stakes which the Contractor may have failed to preserve shall be borne by the Contractor. 4. INSPECTORS: The Contractor shall prosecute work only in the presence of the Engineer or Inspector appointed by him and any work done in the absence of said Engineer or Inspector will be subject to rejection. The Contractor shall furnish the Engineers and Inspectors reasonable facilities for obtaining full information respect- ing the progress and manner of the work, and the character of the materials. - 1 - 5. MATERIALS AND SAMPLES: All materials must be of specified quality and fully equal to samples, when samples are required. Samples of any material proposed to be used in the work shall be delivered by the Contractor, free of charge, at the place within the City of E1 Segundo designated by the Engineer. Rejected material must be immed- iately removed from the work by the Contractor and shall not again be brought upon the work. 6. LABOR: The Contractor shall employ none but competent foremen, laborers and mechanics. Any overseer, superintendent, laborer or other person employed on the work by the Contractor, who is intem- perate, incompetent, troublesome or otherwise undesirable, or who fails or refuses to perform the work in the manner speci- fied herein, shall be discharged immediately, and such person shall not again be employed on the work. In the absence of the Contractor from the work, whether permanent or temporary, he must provide and leave a competent and reliable agent or foreman in charge. All notices, communications, orders or instructions given or sent to or served upon such agent or foreman shall be con- sidered as having been served upon the Contractor. 7. PRESERVATION OF MONUMENTS: The Contractor shall not disturb any monuments or stakes found on the line of improvements without permission from the Engineer, and shall bear the expense of resetting any monuments or stakes which may have been disturbed without such permission. The Contractor shall reset all street signs disturbed by him during the progress of the work. S. REMOVING OBSTRUCTIONS: The Contractor shall remove trees where required by the plans or where the proper completion of the work requires their removal. The Contractor shall also remove all stone, debris or other obstructions of whatever kind or character, either natural or artificial, encountered in making the improvements. 9. OBSERVING CITY ORDINANCES: The Contractor shall observe all the ordinances of the City of El Segundo in relation to the obstruction of streets, keeping the passageways open and protecting the same where they are exposed or dangerous to travel. 10. CROSS STREETS: Any streets intersecting streets in which the work is being done may be closed at any time, provided that the closed streets are not next to each other, and that each alternate street crossing is kept open. 11. BARRIERS, LIGHTS. ETC.: The Contractor shall take all necessary - 2 - i measures to protect the work and prevent accidents during the construction. He shall provide and main- tain all necessary barriers, guards, temporary bridges, watch- men and lights. 12. PUBLIC UTILITIES. ETC.: In case it should be necessary to move the property of any owner of a public utility or franchise, such owner will upon proper application by the Contractor, be notified by the Engineer to move such property within a specified reasonable time, and the Contractor shall not interfere with said property until after the expiration of the time specified. The right is reserved to the owners of public utilities or franchises to enter upon the street for the purpose of making repairs or changes of their property that may be made necessary by the work. The City shall also have the privilege of enter- ing upon the street for the purpose of repairing water pipes, or other pipes or conduits, or making house connections there- with, or repairing culverts or storm drains. 13. PROTECTION OF WORK AND CLEAN UP: The Contractor shall care for all work until final completion and acceptance. Luring construction the Contractor shall keep the job free and clean of all rubbish and debris, and the same must be cleaned up within one (1) day after notice is given him by the Engineer. He shall remove all sur- plus material and rubbish from the work after its completion and before he makes application for the acceptance of the work. All damage done to existing improvements by the Contractor shall be repaired by him, and in the case of curb, sidewalk or gutter the entire stone or block which has been damaged shall be reconstructed. 14. DEFECTIVE WORK: No work, if defective in its construction or deficient in any of the requirements of these specifications will be considered as accepted in consequence of the failure of any employee of the City or Inspector connected with the work, to point out said defects or deficiency during construction. The Contractor shall correct any imperfect work whenever discovered, before the final acceptance of the work. 15. INDEMNITY: The Contractor shall indemnify and save harmless the City, its officers, agents and employees 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. 16. LOSS OR DAMAGE: All loss or damage arising from any - 3 - the time of such estimate, and the value thereof. The City of El Segundo shall retain ten (10) per cent of such estimated value of the work done and fifty (50) per cent of the value of the material so estimated to have been furnished and de- livered and unused as aforesaid as part security for the ful- fillment 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 made, when, in the judgment of the 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). 35• tFINAL PAYMENT: The 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 El Segundo shail 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 estimate and payment. The final payment shall not be due and payable 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 parties to the contract that no certificate given or payments made under the contract, except the final certificate or final payment, shall be conclusive evidence of 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 acceptance of any defective work or improper materials. And the Contractor further agrees that the payment of the final amount under the contract, and the adjustment and pay- ment for any work done in accordance with any alterations of the same, shall release the City of E1 Segundo, its officers and agents, from any and all claims or liability on account of work performed under the contract or any alteration thereof. - 10 - "EXHIBIT A"