Loading...
CC RESOLUTION 1070594? RESOLUTION NO. 1070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING "SPECIFICATIONS FOR IMPROVEMENT OF MAIN STREET BETWEEN EL SEGUNDO BOULEVARD AND THE NORTH CITY BOUNDARY, CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA MARCH 24, 1950 ". The City Council of the City of El Segundo, California, does resolve, declare and determine as follows: SECTION 1. That the following specifications, to be known and designated as "SPECIFICATIONS FOR IMPROVEMENT OF MAIN STREET BE- TWEEN EL SEGUNDO BOULEVARD AND THE NORTH CITY BOUNDARY, CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA. March 24, 1950 ", shall be and the same are hereby approved and adopted, to -wit: "PROPOSAL REQUIREMENTS "IMPROVEMENT OF MAIN STREET BETWEEN EL SEGUNDO BOULEVARD &. NORTH CITY BOUNDARY "SECTION 1. "(a) General Information - The City Council of the City of E1 Segundo will receive, at the office of the City Clerk in the City Hall of said City until the time set forth in the 'Notice Inviting Bids', sealed proposals for the Construction of an Asphaltic Concrete Leveling Course and Resurfacing Course, and other appurtenant work as is further described in these specifications and as shown on Plan entitled "Plan for the Im- provement of Main Street Between E1 Segundo Boulevard and the North Boundary of the City of E1 Segundo ", all of which are hereby referred to for a full and detailed description of work to be done, and are by this reference expressly incorporated herein and made apart hereof. "(b) Examination of Plans Sec ficat o Special Pro- visions, and Site oY ork - he bidder is required to examine carefully the site of and the proposal, plans, specifications, and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, qual- ity, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. - 1 - 599 _ "(e) Proposal Form - All proposals must be made upon blank forms to be obtained from the City Clerk at his office, 203 Richmond Street. All proposals must give the prices pro- posed, both in wtiting and figures, and must be signed by the bidder, with his address. If the proposal is made by an in- dividual, his name and post - office address must be shown. If made by a firm or partnership, the name and post - office address of each member of the firm or partnership must be shown. if made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. "(d) sores or .L ular ties - vroposals may be rejected it they show any a terations of form, additions not called for, con- ditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. "The right is reserved to reject any and all proposals. "(e) Bidder's Guaranty - All bids shall be presented un- der sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond, made payable to the City of E1 Segundo, for an amount equal to at least ten per- cent (10%) of the amount of said bid, and no bid shall be con- sidered unless such cash, cashier's cheek, certified check, or bidder's bond is enclosed therewith. "(f) Award of Contract - The award of the contract, if it be awarded, will be to the lowest responsible bidder whose pro- posal complies with all the requirements described. The award, if made, will be made within thirty (30) days after the opening of the bids. All bids will be compared on the basis of the Engineer's estimate of quantities of work to be done. "(g) Execution of Contract - The contract shall be signed by the successful bidder and returned, together with the con- tract bonds, within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been a- warded. No proposal shall be considered binding upon the City until the execution of the contract. "Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal quaranty. "(h) Return of Bidder's Guaranties - Within ten (10) days after the award of the contract, the ity of E1 Segundo will re- turn the proposal guaranties accompanying such of the proposals which are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the re- spective bidders whose proposals they accompany. "(i) Contract Bonds - The Uontractor shall furnish two good and sufficient bonds. Each of the said bonds shall be exe- cuted in a sum equal to at least one -half of the contract price. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor; and the other of the said bonds shall be furnished as required by the terms of an act entitled: - 2 - 595'_ "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 contractors in the performance of such works, and prescribing the duties of certain public officers with respect thereto,' approved May 10, 1919, as amended. "Form of bond required may be examined at the office of the City Clerk or copies will be furnished, if desired, to prospective bidders. "Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not ex- ceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. There- after no payment shall be made upon such contract to the Con- tractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. "(j) Securing Documents - Drawings and specifications may be examined at the oYYice of the City Clerk or the office of the City Engineer, City Hall, El Segundo, California. "Copies of the drawings and specifications may be secured at the office of the City Clerk, City Hall, El Segundo, California. "(k) Deposit - A deposit of Five Dollars ($5.00) is re- quired of each bidder who desires to secure Plans and Specifi- cations, which deposit is given as a guarantee that such documents will be returned in good condition to the City Clerk not later than four days after bids on the project have been opened, and is liable to forfeiture if such documents are not so returned within said time. Such documents are the property of the City of E1 Segundo and are loaned to the Bidder until bids are due. The deposit shall not be construed to be the purchase price of any part of these documents. Bidders are requested, should they decide not to submit a bid, to return such documents as soon as possible after such decision is made. "(1) Engineer's Estimate - The preliminary estimate of the quantities of work to be done and materials to be furnished are approximately as shown upon the construction plans under the table entitled 'Estimated Quantities' and is given as a basis for the comparison of bids only and the City of E1 Segun- do does not expressly or by implication agree that the actual amount of work will correspond therewith. "SECTION 2. SCOPE OF WORK "(a) Work to be Done - The work to be done consists of furnishing all labor, methods and processes, implements, tools, machinery, and materials, except as otherwise specified, which are necessary and required to construct and put in complete order for use the portion of street or road designated in the contract, and to leave the grounds in a neat condition. - 3 - 59r "(b) Alterations - The City of E1 Segundo reserves the right to increase or decrease the quantity of any item or por- tion of the work, or to omit portions of the work as may be deemed necessary or expedient by the Engineer; also to make such alterations or deviations, increases or decreases, additions or omissions, in the plans and specifications, as may be determined during the progress of the work to be necessary and advisable. "(e) Extra Work - New and unforeseen work will be classed as extra work when such work can not be covered by any of the various items or combination of items for which there is a bid price. "The Contractor shall do no extra work except upon written order from the Engineer. For such extra work the Con- tractor shall receive payment as previously agreed upon in writ- ing, or he shall be paid on force account. "(d) Final Cleaning Uu - Before acceptance and final pay- ment, the Contractor shall clean the street or road, borrow pits, and all ground occupied by him in connection with the work, of all rubbish, excess materials, temporary structures, and equipment; and all parts of the work shall be left in a neat and presentable condition. "SECTION 3. CONTROL OF THE WORK "(a) Authority of the Engineer - The Engineer shall de- cide all questions which may arise as to the quality or so- oeptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfill- ment of the contract on the part of the Contractor; and all questions as to claims and compensation. "The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such de- cisions and orders as the Contractor fails to carry out promptly. "(b) Plans - All authorized alterations affecting the re- quirements and information given on the approved plans shall be in writing, No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by di- rection of the Engineer. "(o) Conformity with Plans and Allowable Deviation - Finished surfaces in all oases shall conform with the lines, grades, cross- sections, and dimensions shown on the approved plans. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing. "(d) Coordination of Plans S eciYp ans, ications and Special Provisions - These specifications, the special pro- visions, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as bind- ing as though occurring in all. They are intended to be Coop- erative, to describe, and to provide for a complete work. Plans shall govern over specifications; special provisions shall govern over both specifications and plans. - 4 - 59W "The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously over- looked by the Engineer and accepted or estimated for payment. "Projects financed in whole or in part with state funds shall be subject to inspection at all times by the Direc- tor of Public Works, or his agents. "(i) Removal of Defective and Unauthorized 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 replaced by the Contractor in an acceptable man- ner, and no compensation will be allowed for such correction. "Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unautho- rized and will not be paid for. "Upon failure on the part of the Contractor to com- ply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any moneys due or to become due the Contractor. f'(j) Final Inspection - Whenever the work provided and contem_,lated by the contract shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make the final inspection. "SECTION 4. CONTROL OF MATERIALS "(a) Samples and Tests - At the option of the Engineer, the source of supply of each of the materials shall be ap- proved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be sub- mitted by the Contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engi- neer. "All tests of materials furnished by the Contractor Shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in these specifications. "The Contractor shall furnish such samples of ma- terials as are requested by the Engineer, without charge. No material shall be used until it has been approved by the Engi- neer. Samples will be secured and tested whenever necessary to determine the quality of material. "(b) Defective materials - All materials not conforming to the requirements of these specifications shall be consid- ered as defective, and all such materials, whether in place or not, shall be rejected. They shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequent- ly corrected, shall be used until approved in writing by the En- gineer. - 6 - 595 "Upon failure on the part of the Contractor to com- ply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of re- moval and replacement from any moneys due or to become due the Contractor. "SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC "(a) Laws to Be Observed - The Contractor shall keep him- self 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 au- thority over the same. "(b) Alien Labor - The Contractor shall forfeit as penalty to the City of— 91 Segundo Ten Dollars ($10) for each alien know- ingly employed in the execution of the contract, 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 pro- visions of the Labor Code and in particular, Sections 1850 to 1854 thereof, inclusive. "(c) Hours of Labor - The Contractor shall forfeit, as penalty to theCity- of E1 Segundo, Ten Dollars ($10) for each laborer, workman, or mechanic employed in the execution of the contract by him, or by any subcontractor under him, upon any of the work herein mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code, and in particular, Sections 1810 to 1816 thereof, inclusive. "(d) Labor Discrimination - No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons and every contrac- tor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 1 of Part VII, in accordance with the provisions of Section 1735 of the Labor Code. "(e) Prevailing Wye - The Contractor shall forfeit as pen- alty to the i� tg of E1- Segundo Ten Dollars ($10) for each la- borer, 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 provisions of the Labor Code, and in particular, Sections 1770 to 1781 there- of, inclusive. "The City Council of the City of El Segundo has as- certained the general prevailing rate of wages applicable to the work to be done and the same are set forth in the 'Notice Inviting Bids ' said 'Notice' being by this reference express- ly incorporated herein and made a part hereof. "(f) Domestic Materials - Only such unmanufaetured ar- ticles, 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 States, substantially all from articles, natbriala, and supplies - 7 - 591"114, 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 Sections 4300 to 4305 of the Government Code. "Any person, firm or corporation who fails to com- ply with the provisions of the act shall not be awarded any contract to which the act applies for a period of three years from the date of violation. "(g) Registration of Contractors - Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division 111 of the Business and Professions Code. "(h) Permits and Licenses - The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. "(i) Patents - The Contractor shall assume all respon- sibilities arises from the use of patented materials, equip- ment, devices, or processes used on or incorporated in the work. "(j) Public Convenience and Safety - The Contractor shall so conduct his operations as to cause the least possible ob- struction 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 pro- vided passage as far as practicable. Convenient access to driveways, 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 in- tersecting street or road shall be closed at any one time with- out the approval of the Engineer. "The Contractor shall furnish, erect, and maintain such fences, barriers, lights, and signs as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof, and he shall also erect and maintain such warning and directional signs as may be fur- nished by the City. "(k) Res onsibilit for Dams e - The City of E1 Segundo, the City Council, or the shall not be answerable or accountable in any manner for any loss or damage that may hap- pen to the work or any part thereof; or for any material or equipment used in performing the work; or the injury or damage to any, person or persons, either workmen or the public; for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final accep- tance. "The Contractor shall indemnify and save harmless the City of E1 Segundo, the City Council, and the Engineer from any suits, claims, or actions brought by any person or persons for or on account of any injuries or damages sustained - 8 - 595'„ or arising in the construction of the work or in consequence thereof. The City Council may retain so much of the money due the Contractor as shall be considered necessary, until disposition has been made of such suits or claims for damages as aforesaid. "(1) Contractor's Responsibility for Work - Except as provided above, until the formal acceptance of the work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause whether arising from the execution or from the non - execution of the work. The Contractor shall rebuild, re- pair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except such injuries or damages occasioned by acts of the federal government or the public enemy. "(m) No personal Liabilitf - Neither the City Council, the Engineer, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. "(n) Responsibility of City - The City of El Segundo shall not be held responsible for the care or protection of any material or parts of the work prior to final accep- tance, except as expressly provided in these specifications. "SECTION 6. PROSECUTION AND PROGRESS "(a) Subletting and Assignment - The Contractor shall give his personal attention to the fulfillment of the con- tract and shall keep the work under his control. "Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and speci- fications. "Where a portion of the work sublet by the Con- tractor is not being prosecuted in a manner satisfactory to the City Engineer, the subcontractor shall be removed im- mediataiy on the requisition of the City Engineer and shall not again be employed on the work. "The contract may be assigned only upon written consent of the City Engineer. "(b) Pro toss oY the Work and Time Yor Com lotion - The Contractor shall begin work within fifteen 15 days after receiving notice that the contract has been approved and shall diligently prosecute the same to completion before the expi- ration of thirty (30) consecutive days (Saturdays, Sundays and legal holidays excluded) from the date of said approval. "(c) Character of Workmen - If any subcontractor or per- son employed by the Contractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the En- gineer to be incompetent or to act in a disorderly or improper - 9 - 59.E manner, he shall be discharged immediately on the requisition of the Engineer, and such person shall not again be employed on the work. "(d) Temporary Suspension oY.!ork - The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part ofthe Con- tractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. "(e) Time of Completion and Liquidated Damages - It is agreed by the parties to the contract that in case all the work called for under the contract is not completed before or upon the expiration of the time limit as set forth in these speci- fications, damage will be sustained by the City of E1 Segundo, and that it is and will be impracticable to determine the ac- tual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City of El Segundo the sum of Fifty Dollars-S$50) per day for each and every day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City of El Se- gundo may deduct the amount thereof from any money due or that may become due the Contractor under the contract. "It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are di- rectly chargeable to the contract, and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be inclu- ded in such charges. "The Contractor shall not be assessed with liqui- dated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embar- goes, and unusually severe weather or delays of subcontrac- tors due to such causes; provided, that the Contractor shall within ten (10) days E'rom the beginning of any such delay notify the Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive. "(f) Suspension of Contract - If at any time in the opinion of the City Council the Contractor has failed to - 10 - a9;t supply an adequate working force, or material of proper qual- ity, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as di- rected by the Engineer, within the time specified in such no- tice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving, notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate# Upon such suspension, the Contractor's control shall ter- minate, and thereupon the City Council or its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premiAes, and use the same for the purpose of completing said contract, and hire such force and buy or rent such ad- ditional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion thereof; or may employ other par- ties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the City Coun- cil may deem proper; or the City Council may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such for- feiture will not release the Contractor or his sureties from liability or failure to fulfill the contract. The Contrac- tor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the opera- tions of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. "In the determination of the question whether there has been any such non- compliance with the contract as to war- rant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. "(g) Ri ht of Way - The right of way for the work to be constructed w be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for ad- ditional area required by him outside of the limits of right of way, unless otherwise provided in the Special Provisions. "SECTION 9. IMASUREMENT AND PAYMENT "(a) Extra and Force Account Work - Extra work as here - inbefore defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contrac- tor and the Engineer; or by force account. - 11 - 590 "If the work is done on force account the Con- tractor shall receive the actual cost of all materials fur- nished by him as shown by his paid vouchers, plus fifteen percent (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 percent (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 re- ports shall thereafter be considered the true record of 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 El Segundo shall retain ten per- cent (10 %) of such estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid as part security for the fulfillment of the contract by the Con- tractor, and shall monthly pay to the Contractor, while carry- ing 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 proceed- ing 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). "(c) Eina1 Payment - The City Engineer shall, after the completion of the contract, make a final estimate of the a- mount of work done thereunder, and the value of such work, and the City of El 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 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 ac- ceptance of any defective work or improper materials. - 12 - "And the Contractor further ment of the final amount due under the justment and payment for any work done alterations of the same, shall release The City Council, and the Engineer from liability on account of work performed any alteration thereof. "SPECIAL PROVISIONS "SECTION 8. 5963 agrees that the pay - contract, and the ad- in accordance with any the City of E1 Segundo, m any and all claims or under the contract or "The work embraced herein shall be done in accor- dance with the applicable provisions of Construction Details, Section 10 to Section 66 inclusive, of the Specifications entitled 'State of California, Department of Public Works, Division of Highways, Standard Specifications, January, 1949' insofar as the same may apply, which specifications are here- inafter referred to as the Standard Specifications; and in accordance with the following Special Provisions. "In case of conflict between the Special Provisions contained herein and the Standard Specifications, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications. "Whenever in the Standard Specifications the follow- ing terms are used, they shall be understood to mean and refer to the following: "Department of Public Works or Division of Highways - The Street Department of the City of E1 Segundo. "Division of Public Works - The City Engineer of the City of E1 Segundo. "Engineer - The City Engineer of the City of E1 Segundo, acting either directly or through the Street Superintendent, or properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. "Laboratory - The designated laboratory authorized by the City of El Segundo to test materials and work involved under these specifications or con- tract. "State - The City of E1 Segundo, California. "Other terms appearing in the Standard Specifica- tions, Specification No. A -1949 and these Specifications, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. "DESCRIPTION OF WORK "SECTION 9. "The work to be done under these specifications con- sists of the improvement of Main Street between E1 Segundo Boule- vard, and the north boundary of the City of E1 Segundo by the - 13 - 59EG" construction of an Asphaltic Concrete Leveling Course, and an Asphaltic Concrete resurfacing course, the combined thickness of which will average 1' ", the raising of all manholes and water valve covers to grade as further set forth hereinafter, and appurtenant work all within the City of El Segundo, Cali- fornia; and as further shown upon plan therefor, entitled, 'Plan for the Improvement of Main Street between E1 Segundo Boulevard and North City Boundary', prepared by the City En- gineer, City of El Segundo, and consisting of one (1) sheet, dated March 23, 1950, and whose number is 500323. "CONSTRUCTION DETAILS "SECTION 10. "(a) Subgrade - Subgrade for the asphaltic concrete leveling course and resurfaoing course shall conform to the requirements for Class 'E' Subgrade Method No. 2, of Section 14 of the Standard Specifications. "The Contractor shall bring all sewer manholes, water valve box covers, or other substructure appurtenances, owned by the City and affected by the proposed improvement, to grade before completion of the project. If the Contrac- tor desires to raise the aforesaid sewer manholes, water valve box covers, or other substructure appurtenances to grade after construction of the pavement as herein contem- plated, then said Contractor shall positively locate all such appurtenances by marking the curbs with paint and indicating the distance out from the curb to the center of the affected appurtenance, or by such other means satisfactory to the En- gineer. Full compensation for adjusting manholes and appur- tenances to grade shall be considered as included in the con- tract prices paid for the various items of work and no additional allowance will be made therefor. "It will be the Contractor's responsibility to no- tify any public utility affected by the hereinbefore described improvement, to bring their substructure installations to the finished grade prior to the completion of said improvement. "(b) Side Forms - Side forms shall not be used in the construction of the proposed improvement. "(c) materials - All materials used to make the correct mix of asphaTTi—cooncrete shall meet the requirements of Sec- tion 31, Article 'd' of the Standard Specifications. Paving Asphalt shall conform to the requirements of Section 63, of the Standard Specifications, and shall be of the type desig- nated as 120 -150 penetration. "(d) Combined Aggregate - The combined aggregate shall conform to the requirements as set forth in Section 31, Ar- ticle 'e' of the Standard Specifications. The exact grading and composition requirements may be varied as deemed necessary by the Street Superintendent of the City of E1 Segundo. "(e) Proportioning - the materials composing the as- phaltic concrete mixture shall be proportioned in accordance with the provisions of Article 'f' Section 31, Standard Speci- fications, except as modified by the Street Superintendent. - 14 - 596IF "(f) Mixing - The materials composing the asphalt con- crete mixture shall be mixed in accordance with the provisions of Article 'g' Section 31,of the Standard Specifications. "(g) Placing - Asphaltic concrete shall be placed over exis- ting pavement in accordance with Article 'i' Section 31, of the Standard Specifications. "Leveling course - The Contractor's attention is called to the laying, or spreading, of the leveling course as is set forth on Page 182 Section 31, of the Standard Specifi- cations, said laying or spreading shall be done at the loca- tions designated and as directed by the Street Superintendent, and the exact type of asphaltic concrete leveling course mix- ture shall be that as designated by the Street Superintendent. No additional compensation will be allowed for placing the a- forementioned asphaltic concrete leveling course mixture, as full compensation for all work incidental to such operations shall be considered as included in the contract prices paid per ton of asphaltic concrete leveling and resurfacing courses. "Surface course - The mixture shall be spread by means of a Barber - Greene or equal, self - propelled mechanical spreading, raking and finishing machine; and further, the con- struction and type of said surface course shall conform to the applicable provisions of Section 31, of the Standard Specifi- cations. "Asphaltic concrete may bespread by hand raking where the pavement extends to a feather edge, or to join lines of intersection streets, and at the end of the pavement at each end of the project. Said hand raking shall be done in accordance with Article 'i' Section 31, of the Standard Speci- fications. "- As Paint Binder- Asphaltic Paint Binder shall be applied in accordance with Section 61, of the Stan- dard Specifications. The exact rate of application shall be that as directed in the field by the Street Superintendent. "(h) Rolling - After the asphaltic concrete has been uniformly spread as specified herein, the pavement shall be rolled with self propelled rollers in accordance with Article 'j' Section 31, of the Standard Specifications. "(i) Seal Coat - No seal coat will be required over the asphalt concrete placed under this contract. "(j) Samples - When called upon, the Contractor shall furnish for test, free of charge, samples complying with the requirements of Article 'm' Section 31, of the Standard Speci- fications. "(k) Measurement of Quane tities - Quantities of asphaltic concrete to be paid for will b measured in accordance with Article 'a' Section 9, of the Standard Speoifications. "Quantities of paint binder to be paid for as con- tract pay items of work will be determined in accordance with the procedure specified in Section 65 of the Standard Specifi- cations. - 15 - 596. � "(1) Payment "1. Asphaltic concrete pavement will be paid for at the price per ton for asphalt concrete in accordance with Article 'o', Section 31, of the Standard Specifications. "Said price per ton shall include all the cost involved in the construction of both leveling course and surface course. "2. Asphaltic paint binder will be paid for as provided under Section 61, of the Standard Specifications. "(m) The Contractor's attention is directed to the fact that only one half of the street width will be permitted to be closed at any one time. "(n) Errors or Discrepancies Noted by Contractor - If the Contractor, either before commencing work or in the course of the work, finds any discrepancy between the Specifications and the Drawings, or between either of said Specifications or Draw- ings and the physical conditions at the site of the work, or finds any error or omission in any of the drawings or in any sur- vey, he shall promptly notify the Engineer in writing of such discrepancy, error or omission. If the Contractor observes that any Drawings or Specifications are at variance with any appli- cable law, ordinance, regulation, order or decree, he shall promptly notify the Engineer in writing of such conflict. "The Engineer, on receipt of any such notice, shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after his discovery of such error, discrepancy or conflict, will be at his own risk and he shall bear all costs arising therefrom." SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in a Book of Resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the meeting at which the same is passed and adopted. 1950. SECTION 3. This Resolution shall take effect immediately. Passed, approved and adopted this 5th day of April, A.D. Mayor of the City of El ndo, 3' f California. ATTE5 City Clerk (SEAL) 16 590-1 STATE OF CALIFORNIA, ) COUNTY OF L03 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 Resolution No. 1070, 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 5th day of April, 1950, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Peterson, Swanson, Thompson, and Mayor Selby NOES: Councilmen None ABSENT: Councilmen None i,C ty Clerk of the' E1 e- gundo, California. (SEAL)