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CC RESOLUTION 1190L 6558 RESOLUTION NO. 1190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CONDITION- ALLY AWARDING TO OSWALD BROS. CO. A CERTAIN CONTRACT FOR THE RECONSTRUCTION OF RICH14OND STREET BETWEEN EL SEGUNDO BOULEVARD AND GRAND AVENUE WITHIN SAID CITY. WHEREAS, the City Council of the City of E1 Segundo, California, has heretofore in the manner provided by law, duly and regularly advertised for bids under a notice to bidders en- titled, "NOTICE INVITING BIDS FOR THE RECONSTRUCTION OF RICMIOND STREET IN THE CITY OF EL SEGUNDO, CALIFORNIA ", dated August 22, 1951, which is now on file in the office of the City Clerk, open to public inspection, and hereby referred to and by this refer- ence incorporated herein and made a part hereof, for the recon- struction of Richmond Street between El Segundo Boulevard and Grand Avenue within said City; and WHEREAS, at the time for opening and considering all of said bids, to wit: the hour of 7:00 o'clock p.m., on Wednes- day, the 12th day of September, 1951, said Council did publicly open, examine and declare all bids received, and did refer the same to the Director of Public Works and the City Attorney for report and recommendation at its said meeting; and WHEREAS, said Director of Public Works did at said meeting report and recommend to said Council that the bid of OSWALD BROS. CO., hereinafter referred to, be accepted, which said report and recommendation of said Director of Public Works was concurred in by the City Attorney; and WIEREAS, in making their reports above mentioned to the City Council, the said Director of Public Works and the said - 1 - s 65,59 ? City Attorney did point out to the City Council that the bid figure set forth in Item No. 1 of the bid of Oswald Bros. Co. as "1.53" was an apparent, patent and palpable error and that, in truth M d in fact, said bid figure was intended to, and should read, what it actually was, i. e. '%153", which fact was confirmed by the im- mediate and instant exclamation made by the estimator for said Os- wald Bros. Co., who was present at the time of the declaration of said bids; the further fact that other bids submitted by said Oswald Bros. Co. on like work and materials under other notices at this very meeting were in the neighborhood of 0.15 per square foot; and the further fact that the bid deposit check accompanying its said bid here under discussion was for the sum of X650.00, instead of for several thousand dollars as would otherwise be required; and W.d;REAS, said Council approves the report and recommen- dation of said Director of Public Works and said City Attorney and makes the same findings with reference to said bid of said Oswald Bros. Co. as above indicated in the report of said City officials; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUN- D09 CALIFORNIA, DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS: SECTION 1. The City Council hereby finds and determines that the facts recited in the preamble to this resolution are true. SECTION 2. That the bid of OSWALD BROS. CO., of Los Angeles, California, dated September 12, 1951, which said Council determines to be substantially as follows, to wit: "CITY OF EL SEGUNDO LOS ANGELES COUNTY, CALIFORNIA "Improvement of Richmond Street between E1 Segundo Boulevard and Grand Avenue "To the City Council City of E1 Segundo, 203 Richmond Street E1 Segundo, California "PROPOSAL - 2 - 6,x'60 + "Gentlemen: "The undersigned declares that he has carefully ex- amined the location of the proposed work, that he has examined the plans and specifications and read the accompanying in- structions to bidders and hereby proposes and agrees to furnish all labor, materials, equipment, transportation and services, and to do all work required for the construc- tion of certain street improvements in Richmond Street be- tween El Segundo Boulevard and Grand Avenue, City of El Segundo, as contemplated by the plans and specifications prepared therefor by the City Engineer, as approved by the City Council of said City, and at the following prices, to wit: "ITEM DESCRIPTION -UNIT PRICES uuRITTEN UNIT PRICES IN WORDS IN FIGURES "1. 4" Plant -Mix surfacing, includ- ing preparation of subgrade and prime coat and asphaltic paint binder and appurtenant work One & 531100 Dollars per sq. ft. $1.53--- (determined by this Council to be in truth and in fact 9.153 112. Roadway excavation, including removal of old paving, grading, connecting and subgrade, and appurtenant work. One & 40 /100 Dollars per cu. yd. u1.40 "It is understood that this bid is based upon complet- ing the work %i thin thirty (30) consecutive days (excluding Sundays and legal holidays) from the date of execution of the contract. If awarded the contract for the work, the undersigned hereby agrees to sign said contract End furnish the necessary bonds not less than ten (10) days nor more than twenty -five (25) days after the award of said contract, and to begin work within fifteen (15) days from the date of execution of the contract. "Enclosed is bidder's bond, certified check or cashier's check No. 3671867 of the Bank of America Bank for '650.00, payable to the City of E1 Segundo, State of California, which is not less than ten (10) per cent of the aggregate amount of this bid and vh ich is given as a guarantee that the under- signed will enter into the contract if awarded to the under- signed. The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within the time limits above specified, said bond or check and the money payable therein shall be forfeited to and be- come the property of the City of E1 Segundo, California. - 3 - 6.561 "Signature of Bidder OSVVALD BROS. CO. (SEA') By Lsy Geo. H. Oswald President "Business Address 366 E. 588th St. Los Angeles "Telephone Number Adams 6151 "Contractor's License Num- ber 105641 "DATED THIS 12th DAY OF September , 1951. it be, and the same is hereby accepted at the prices set forth in said bid, subject to the determination thereof by said Council as hereinabove set forth. Said bid is now on file in the office of the City Clerk of said City, and which said bid so on file is here- by expressly referred to and by this reference incorporated herein and made a part hereof for all further particulars. This award Ls made subject to the condition that the bid price under said Item No. 1 in said bid of said OSWALD BROS. CO, was, and is, in truth and in fact "x;.153 ", and if such is not the case, then this award shall. be null and void and all bids under said notice will in such case be rejected. SECTION 3. All of the work to be done under the con- tract hereby awarded, and all of the materials, supplies and equipment to be furnished by the contractor thereunder must in all respects be done, performed and furnished in accordance with SPECIFICATIONS NO. ST -6001 of the City of E1 Segundo, on file in the office of the City Clerk of said City. SECTION 4. Said Contractor agrees that all work will be done in accordance with the provisions of the "Labor Code" of the State of California, m d to pay not less than the general prevailing rates of wages in the City of El Segundo, California, (the locality in which the said work or improvement is to be performed) for each craft or type of workman or mechanic needed - 4 - 4 { 6562 to execute this contract for said work or improvement. Said general prevailing rates of wages, so ascertained, declared, de- termined and specified, are herein specifically set forth as fol- lows, to wit: LABOR CLASSIFICATION RATE PER HOUR Laborers, General or Construction----- - - - - -- 4 1.75 Operators and Tenders of pneumatic and electric tools, vibrating machines and similar mechancial tools not separate- ly classified herein----------------- - - - - -- 1.95 Asphalt Raker and Ironer-------------- - - - - -- 1.95 Fine Grader (Highway and Street paving only}------- ------ ---- -------- -- ----- --- - -- 1.85 Guard and /or Watchman----------------- - - - - -- 1.67 Air Compressor Operator--------------- - - - - -- 2.05 Concrete or Asphdl t Spreading, Mechani- cal Tamping or Finishing Machine Operator------ --------- ---------- ---- - - - - -- 2.30 Motor Patrol Operator - including any type of power blade--- - - - - -- -------- - - - - -- 2.43 Roller Operator----------------------- - - - - -- 2.25 Skip Loader Operator - wheel type----- - - - - -- 2.16 Screed Operator----------------------- - - - - -- 2.05 Tow Blade or Grader Operator---------- - - - - -- 2.18 Tractor or Hi -Lift Shovel Operator---- - - - - -- 2 50 Tractor Operator - bulldozer, tamper, scraper or drag type shovel or boom attachments- ------ --- ------- ------ --- - - - - -- 2.30 Heavy Duty Repairman ----------------- - - - - -- 2.30 Heavy Duty Repairman Helper----------- - - - - -- 1.g93 Drivers of Water Trucks under 2500 gal. - - - -- 1.88 Drivers of Water Trucks 2500 gal, or more - -- 2.00 Truck Drivers of trucks of carrying ca- pacity of less than 6 tons----------- - - - - -- 1.83 Truck Drivers of trucks of carrying capacity between 6 " 10 tons--------- - - - - -- 1.85 Any classification omitted herein, not less than --------- -------- -------- -- - - - - --- 1.67 All foremen not herein separately classified shall be paid not less than 171 cents per hour more than the highest classification over which he has jurisdiction. Provided that one and one-half (lz) times the said pre- vailing rate of wage shall be paid, except watchmen, flagmen and other non manual workers, for any time more than eight (8) hours during any one (1) calendar day where such work is required in cases of extraordinary emergency caused by fire, flood or danger to life or property and for time on Sundays and seven (7) legal - 5 - 65633 ' holidays, to wit: New Year's Day, Memorial DW , Fourth of July, Labor Day, Armistice Day, Thanksgiving and Christmas. The minimum rates of wages hereinabove set forth con- template in each instance a working day of ei;ht hours, and it shall be mandatory upon the contractor and upon any subcontractor under such contractor, to pay not less than the said specified rates to all laborers, workmen and mechanics employed by them in the execution of the within contract. The Contractor agrees that its attention has been di- rected to Sections 1810 to 1817, both inclusive, of the California Labor Code relating to working hours, and to Sections 1850 to 1854, both inclusive, of said Code relating to employment of aliens upon public works; and said Contractor does hereby agree to observe and be bound by each and all of the provisions of said Code Sec- tions in the execution of this contract. said The Contractor, insofar as/ Contractor is legally re- quired so to do, must observe and abide by the provisions of all laws of the State of California and of the United States of Ameri- ca relating to contracts of the nature contemplated herein, whether herein specifically mentioned or not. SECTION 5. Said Contractor agrees, responsive to the preference of the City Council of said City as expressed in the notice inviting bids, pursuant to which this contract is made, that only American -made materials and California -made materials will be used in the work or improvement contemplated under this contract, all in conformity with the provisions of Sections 4300 to 1305, both inclusive, and Sections 4330 to 4334, both inclusive, of the Government Code of the State of California. SECTION 6. That all bids received for said work or improvement, with the exception of the said bid of OSVVALD BROS. CO., be and the same are hereby rejected; and the City Clerk is - 6 - 6564 hereby authorized and instructed to return the checks of all un- successful bidders. SECTION 7. That the City Clerk shall prepare copies of this resolution after the passage and adoption thereof, and shall affix to such conies at the end thereof, after the Clerk's Cer- tificate, forms for the approval of the successful bidder and on the part of the said City; and such copies of this resolution, so approved and accepted by the successful bidder and by and on behalf of said City, shall constitute the contract for the re- construction of Richmond Street between E1 Segundo Boulevard and Grand Avenue, within said City, pursuant to the award hereinabove made; and the Mayor of the City of El Segundo is hereby authorized, on behalf of said City, to affix the approval aid acceptance of said City to such contract, and said City Clerk is hereby autho- rized and instructed to attest the same on behalf of said City and to affix the official seal of said City thereto. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the origi- nal of the same to be entered in the book of resolutions of the said City of E1 Segundo, and shall make a minute of the passage and adoption thereof in the records of the proceedings 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 12th day of September, 1951. ATTEST: City Cle rk (SEAL) - 7 - Mayor of the City of E1 aegundo, California. 6565 STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Neva M. Elsey, 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. 1190, was passed and adopted by the said City Council, approved and signed by the Mayor of said City, end attested by the City Clerk of said City, all at a regu- lar meeting of the said Council held on the 12th day of September, 1951, and that the same was so passed and adopted by the following vote: AYES: Councilmen Gordon, Peterson, Swanson, Thompson and Mayor Selby NOES: Councilmen None. ABSENT: Councilmen None. WETNESS my hand and the official seal of said City this 12th day of September, 1951. (SEAL) City Clerk of the City of E1 Segundo, Californi .