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CC RESOLUTION 1343RESOLUTION NO. 1343 A RESOLUTION OF THE CITY OF EL SEGUNDO, TO OSWALD BROS. CO. FOR THE RESURFACING OF PALM AVENUE AND SAID CITY. CITY COUNCIL OF THE CALIFORNIA, AWARDING A CERTAIN CONTRACT OF CERTAIN PORTIONS DINE AVENUE, WITHIN 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 entitled, "NOTICE INVITING BIDS FOR THE RESURFACING OF CERTAIN PORTIONS OF PALM AVENUE AND PINE AVENUE IN THE CITY OF EL SE- GUNDO, CALIFORNIA. ", dated July 22, 1953, which is now on file in the office of the City Clerk, open to public inspection, and hereby referred to and by this reference incorporated here- in and made a part hereof, for the resurfacing of certain por- tions of Palm Avenue and Pine Avenue, within said City; and WHEREAS, at the time for opening and considering all of said bids, to wit: the hour of 7 :00 otclock p.m., on Wednesday, the 19th day of August, 1953, said Council did pub- licly open, examine and declare all bids received, and did re- fer the same to the Director of Public Works 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., the low bidder, hereinafter referred to, be accepted; and WHEREAS, said Council approves the report and recom- mendation of said Director of Public Works, and has reached its decision in the said matter; - 1 - a A13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS: SECTION 1. That the bid of OSWALD BROS. CO., of 366 East 58th Street, Los Angeles, California, dated August 19, 1953, which said Council determines to be substantially as follows, to wit: 11PROP OSAL FOR RESURFACING OF PORTIONS PINE AVENUE IN THE CITY ANGELES COUNTY, "Honorable City Council City of E1 Segundo 203 Richmond Street E1 Segundo, California "Gentlemen: FORM OF PALM AVENUE AND OF EL SEGUNDO, LOS CALIFORNIA "The undersigned declares that he has examined the plans and specifications, and read the accompany- ing instructions to bidders, ?NOTICE INVITING BIDS?, and hereby proposed to furnish all materials and do all the work required to complete the said work in accordance with the plan entitled tRESURFACING OF PORTIONS OF PALM AVENUE AND PINE AVENUEf and bearing the number tST- 70021, and the Specifications and Special Provisions entitled tSPECIFICATIONS FOR RE- SURFACING OF PORTIONS OF PALM AVENUE AND PINE AVENUE IN THE CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALI- FORNIA', and bearing number ?ST- 70021, for the unit price set forth herein. UNIT PRICES "ITEM DESCRIPTION -UNIT PRICES WRITTEN WORDS IN FIGURES 1. Asphaltic surfacing Four doll ton 2. Asphaltic Forty two ton concrete leveling and re- course. 3.rs & ninety eight cent per 4.98 paint binder (Tack coat) dollars & fifty cents per 42.50 "The undersigned further agrees that in case of default in executing the re wired contract, with neces- sary bonds, within fifteen �15) days, not including Sundays, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the City of E1 Segundo. It is understood that this bid is based upon completing the work within sixty (60) consecutive days (excluding Sundays and legal holidays) from the date of execution of the contract. - 2 - "Enclosed is Bidder's Bond, Certified Check or Cashierts Check No. 3179999 of the Bank of America Bank for Jp1,000.00, 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 which is given as a guarantee that the undersigned will enter into the contract if awarded to the undersigned. The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within the limits above specified, said bond or check and the money payable therein shall be forfeited to and become the property of the City of E1 Segundo, State of California. "Signature of Bidder Oswald Bros. Co. Geo. H. Oswald Pres. Business Address 366 -E -5$ St. LA Calif. Telephone Number Adams 6151 Contractor's License Number 105611 'Dated this 19 day of Aug, 1,53 "The following quantities will be used in comparing bids received; "Item 1 Asphaltic concrete leveling and resurfacing course 1,875 tons "Item 2 Asphaltic paint binder (Tack Coat) 12.5 tons ", and which said bid was submitted in response to and under the terms, conditions, provisions and requirements set forth in said "NOTICE INVITING BIDS FOR THE RESURFACING OF CERTAIN PORTIONS OF PALM AVENUE AND PINE AVENUE IN THE CITY OF EL SE- GUNDO, CALIFORNIA. ", be and the same is hereby accepted at the prices set forth in said bid, which is now on file in the office of the City Clerk of said City, and which said bid so on file is hereby expressly referred to and by this ref- erence incorporated herein and made a part hereof for all further particulars. SECTION 2. All of the work to be done under the contract hereby awarded, and all of the materials, supplies - 3 - $fie r._6 and equipment to be furnished by the contractor thereunder must in all respects be done, performed and furnished in accordance with Plan No. ST -7002 and "SPECIFICATIONS FOR THE RESURFACING OF PORTIONS OF PALM AVENUE AND PINE AVENUE IN JULY 20 1953" THE CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFoRNiA,'/ of the City of E1 Segundo, on file in the office of the City Clerk of said City. SECTION 3. Said Contractor agrees that all work will be done in accordance with the provisions of the "La- bor Code" of the State of California, and 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 to execute this contract for said work or improvement. Said general prevailing rates of wages, so ascertained, declared, determined and specified, are herein specifically set forth as follows, to wit: CLASSIFICATION HOURLY WAGE RATE Laborers, General or Construction - - - - - -- -2.05 Operators and Tenders of pneumatic and electric tools, vibrating ma- chines and similar mer'ganical tools not separately classified herein ------------- -------------- - - - - -- 2.26 Asphalt Raker and Ironer ----------- - - - - -- 2.26 Fine Grader (Highway and Street paving only) --------------------- - - - - -- 2.15 Guard and /or Watchman -------------- - - - - -- 1.97 Air Compressor Operator ------------ - - - - -- 2.35 Concrete or Asphalt Spreading, Me- chanical Tamping or Finishing Machine Operator ----------------- - - - - -- 2.65 Motor Patrol Operator - including any type of power blade -------------- - - - - -- 2.79 Roller Operator -------------------- - - - - -- 2.57 Skip Loader Operator - wheel type -- - - - - -- 2.50 Screed Operator -------------------- - - - - -- 2.35 Tow Blade or Grader Operator ------- - - - - -- 2.50 Tractor or Hi -Lift Shovel Operator - - - - - -- 2.$$ Tractor Operator - bulldozer, tamper, scraper or drag type shovel or boom attachments ---------------------- - - - - -- 2.65 - 4 - Heavy Duty Repairman ------------------ - - - - -- ,2.65 Heavy Duty Repairman Helper ----------- - - - - -- 2.23 Driver of Water Trucks under 2500 gal. - - - - -- 2.19 Driver of Water Trucks 2500 gal. or more - - -- 2.31 Drivers of trucks of carrying capacity of less than 6 tons -------------------- - - - - -- 2.13 Drivers of trucks of carrying capacity between 6 and 10 tons --------------- - - - - -- 2.16 Any classification omitted herein, not less than --------------------------- - - - - -- 1.97 All foremen not herein separately classified shall be paid not less than 17i cents per hour more than the highest classification over which he has juris- diction. Provided that one and one -half (lz) times the said prevailing rate of wage shall be paid, except watchmen, flag- men 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 holidays, to wit: New Year's Day, Me- morial Day, Fourth of July, Labor Day, Armistice Day, Thanks- giving and Christmas. Theminimum rates of wages hereinabove set forth contemplate in each instance a working day of eight 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 shall and does hereby agree to for- feit as a penalty to the City of E1 Segundo Ten Dollars (410.00) for each calendar day, or portion thereof, for each workman paid less than said stipulated prevailing rates for any work done by him, or by any subscontractor under him, under this contract and agrees to keep all records required by, and to fully conform with, keep and observe all of the requirements with reference to the payment of wages, as set forth in Sec- tions 1770 to 1781, both inclusive, of the Labor Code of the State of California. - 5 - The contractor agrees that its attention has been directed to Sections 1810 to 1817, both inclusive, of the California Labor Code relating to working hours, and to Sec- tions 1$50 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 Sections in the execution of this contract. The contractor, insofar as said contractor is legal- ly required so to do, must observe and abide by the provisions of all laws of the State of California and of the United States of America relating to contracts of the nature contemplated herein, whether herein specifically mentioned or not. SECTION 4. 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 4305, both inclusive, and Sections 4330 to 4334, both inclusive, of the Government Code of the State of California. SECTION 5. That all bids received for said work or improvement, with the exception of the said bid of OSWALD BROS. CO., be and the same are hereby rejected; and the City Clerk is hereby authorized and instructed to return the checks of all unsuccessful bidders. SECTION 6. That the City Clerk shall prepare copies of this resolution after the passage and adoption thereof, and shall affix to such copies at the end thereof, after the Clerkts certificate, forms for the approval of the successful bidder - 6 - and on the part of the said City; and such copies of this re- solution, so approved and accepted by the successful bidder and by and on behalf of said City, shall constitute the con- tract for the resurfacing of certain portions of Palm Avenue and Pine Avenue, within said City, pursuant to the award here - inabove made; and the Mayor of the City of E1 Segundo is hereby authorized, on behalf of said City, to affix the approval and acceptance of said City to such contract, and said City Clerk is hereby authorized and instructed to attest the same on be- half of said City and to affix the official seal of said City thereto. SECTION 7. 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 El 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 19th day of August, 1953• ATTEST: ')"' -�n City Clerk (SEAL) GU. w Mayor pro tem of the City of E1 Segundo, California. - 7 - STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I. Neva Di. 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. 1343, was passed and adopted by the said City Council, approved and signed by the Mayor pro tem of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 19th day of August, 1953, and that the same was so passed and adopted by the following vote: AYES: Councilmen Gordon, Swanson and Mayor pro tem Peterson; NOES: Councilmen None; ABSENT: Councilman Baker and Mayor Selby. WITNESS my hand and the official seal of said City this 20th day of August, 1953• (SEAL) - 8 - `_h,. -�r , City Clerk of the City o El Segundo, California