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CC RESOLUTION 1354RESOLUTION NO. 1354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AWARDING TO MAYFAIR CONSTRUCTION COMPANY A CERTAIN CONTRACT FOR THE CONSTRUCTION OF NEW WARE- HOUSES FOR SAID CITY. WHEREAS, the City Council of the City of E1 Se- gundo, California, has heretofore in the manner provided by law, duly and regularly advertised for bids under a notice to bidders, entitled ONOTICE INVITING BIDS FOR THE CONSTRUC- TION OF NEW WAREHOUSES FOR THE CITY OF EL SEGUNDO. CALIFORNIA.„, dated August 20, 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 herein and made a part hereof, for the construction of new warehouses for 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 16th day of September, 1953, said Council did publicly open, examine and declare all bids received; and did take all of said bids under advisement until the 23rd day of September, 1953, and referred the same to the Director of Public Works for investigation, report and recommendation thereon; and WHEREAS, said Director of Public Works did at said meeting of September 23, 1953, report and recommend to said Council that the bid of MAYFAIR CONSTRUCTION COMPANY, the second lowest bidder, hereinafter referred to, be accepted, as an error had been made by the low bidder, Simpson Con- struction Co., in the placing of its bid as set forth and - 1 - shown in the following communication from said low bidder, which said Director of Public Works presented as part of his report, to wit: "SIMPSON CONSTRUCTION CO. of California General Contractors 14123 Bessemer St., P.O. Box 330 Van Nuys, California Sept, 17th, 1953• "Subject:- Warehouses for the City of E1 Segundo. "The Honorable Mayor and City Council City of E1 Segundo, E1 Segundo, California. "Gentlemen:- "Reference is made to our bid, submitted last evening, for the subject project. In the rush and hustle of trying to get a bid ready in time, with the sub - contractors calling in their bids up to the very last minute, the General Contractor does not have time to recheck his bid, and in this case a very seri- ous error was made. "Our estimat summary on this job, consists of five (5) sheets, and in carrying the sub totals for- ward to sheet #5, the sub total of sheet #3 amounting to $50,370.94 was carried forward, whereas the sub total of sheet #4 should have been carried forward in the amount of $65,240.87, making a difference of $14,869.93, which was inadvertently left out of our bid entirely, plus additional overhead and bond and profit. "Instead of our bid being $54,545.00 as submit- ted, it should have been as follows: Bid submitted .....................$54,545.00 Am ►t. left out by mistake..$14,869.93 Increase in O.H. & P. 5%... 743.50 Bond increase .............. 156.57 15,770.00 Amount our bid should have been .... $ 70,315.00 "We, therefore, appeal to you for relief in this situation, and to declare our bid irregular, and per- mit us to withdraw said bid without penalty of for- feiture under the bond. "Your co- operation in this matter will be greatly appreciated. MJ:ml cc. Flewelling & Moody, Arch'ts. Phoenix Indemnity Co." - 2 - "Yours very truly, SIMPSON CONSTRUCTION CO. of California /s/ Marcus Jorgensen President and also as shown in the following communication from the Architects, Flewelling and Moody, for said building, which communication said Director of Public Works also submitted as a part of his said report, to wit: "FLEWELLING AND MOODY ARCHITECTS 3112 Los Feliz Boule- vard, Los Angeles 39, California "September 23, 1953 "To Mayor and Members of the City Council City of E1 Segundo E1 Segundo, California "Attention: Mr. Don Short "Gentlemen: "We have talked with Mr. Jorgensen, the president of the Simpson Construction Compan , regarding their re- quest to withdraw their bid of 154,545 for the Ware- house Buildings due to an error in the tabulation of the bid. We believe that their statement is true and in our opinion nothing will be gained by an attempt to hold them to a contract at a price which is so obviously in error. "We are attaching a confidential report on the second low bidder, the Mayfair Construction Company. It fur- nishes only an appraisal of their ability both financi- ally and otherwise, and we would appreciate it if you would return the report to us for our files. It is our opinion that if the bond is satisfactory, there should be no difficulty in having them complete the work in accordance with plans and specifications. Their list of subcontractors is satisfactory. A number of the firms listed have done work for us - some have not. We believe their bid of $68,859 is a fair and reasonable price for the work. It closely conforms with our esti- mate of June 23, 1953, in the amount of $67,210, copy of which is attached. "We wish to call your attention to the amount of equip- ment called for by the plans and specifications, in- cluding: 1. Compressed air lines and gas lines, 2. Two -ton beam crane and chain hoist, 3. Weaver Twin Post Lift, 4. Installation of Hydro - Neumatic Lift 5. Cantilevered sliding type gates, 6. Enclosure of the entire area, 7. Retaining walls required to produce throughout the compound and provide mum use of the property, 8. A considerable amount of demolitbn - 3 - owned by the City, proper drainage for the maxi- work. a'Ptiix�n "Taking all of these items into consideration, the basic price of the buildings is quite low. It is our opinion that readvertising will not produce a bid be- low this price, and we recommend the awarding of the work to the Mayfair Construction Company. "Sincerely yours, /s/ Ralph C. Flewelling RCF :kaf "; and WHEREAS, said Council approves the report and re- commendation of said Director of Public Works, and has reached its decision in the said matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS: SECTION 1. Said Council does hereby find and de- termine that the bid of said low bidder, Simpson Construction Co., contains the error referred to in said above quoted com- munications and that said error was made through inadvertence and excusable neglect; and that it would be unconscionable to require said low bidder to perform the contract for the er- roneous price as set forth in its said bid and that, there- fore, the said bid of said low bidder, Simpson Construction Co., should be and the same is hereby rejected, without pre- judice, however, to the awarding of the contract to the se- cond lowest bidder as hereinafter set forth. the second lowest bidder, SECTION 2. That the bid of /MAYFAIR CONSTRUCTION COMPANY, 925 North La Cienega Boulevard, Los Angeles, Cali- fornia, dated September 16, 1953, which said Council deter- mines to be substantially as follows, to wit: "BID FORM "To: City of E1 Segundo E1 Segundo, California "The undersigned hereby proposes and agrees to furnish all labor, and material for the construction of WARE- HOUSES FOR THE CITY OF EL SEGUNDO, E1 Segundo, California, - 4 - as required by and in strict accordance with the contract documents, including the drawings and speci- fications as prepared by Ralph C. Flewelling and Wal- ter L. Moody, Architects, and with all addenda issued prior to the time set for the receiving of bids for the sum of Sixty eight thousand. eight hundred & fift "A list of subcontractors is attached herewith. "The bid is submitted in duplicate. "It is understood and agreed that the time limit for the completion of the work is 90 calendar days. "If awarded the contract, the undersigned hereby agrees to furnish the necessary bonds and deliver the Agree- ment in the required form within five days from the notice of award of the contract. "The undersigned has examined the location of the pro- posed work and is familiar with the drawings, speci- fications, and local conditions at the place where the work is to be done. "The undersigned has checked carefully all the above figures and understands that the Owner will not be re- sponsible for any errors or omissions on the part of the undersigned in making up his bid. "The undersigned hereby certifies that he is licensed as a Contractor by the State of California, that such license is in full force and effect and that any and all subcontractors to be employed on the project are similarly licensed. "The Owner reserves the right to reject any or all bids and /or waive any informality on a bid. No bidder may withdraw his bid for thirty days after the date set for opening of bids. "Respectfully submitted, "License No. 135011 Contractor MAYFAIR CONSTRUCTION Telephone CR.5 -4333 COMPANY Date September 16, 1953 By /s/ George I. Terry Address 925 North La Cienega Blvd. L.A. 46 "LIST OF SUBCONTRACTORS "The bidder hereby designate& below, opposite various portions of the work, the names and locations of the mill, office, or shop of each subcontractor who will perform work or labor or render services to the bidder in or about the work. All work not listed below shall be performed by the bidder. It is understood that the bidder shall not substitute any subcontractor in place of the subcontractors herein designated, or permit any subcontract to be assigned or transferred, or allow it to be performed by anyone other than the designated subcontractor, or sublet or subcontract any of the work - 5 - �i TW w to which a subcontractor is not herein designated, without the consent of the Owner. The subletting or subcontracting of any work for which there was no subcontractor designated in the original bid may be permitted only in cases of public emergency or ne- cessity. Name of "Portion of Work Subcontractor Address Steel Bldgts 1 & 2 Dudley Steel Los Angeles & South Gate Fence & Gate Cyclone Fence Los Angeles Rein Steel Soule Steel Masonary Henderson Brick Co." " Lath & Plaster Rene Grivel Painting Murry Paint Co. Bell Flower Toilet Part Continental Pro- ducts Los Angeles Elect. Capitol Elect. Los Angeles Plumbing Leo Plumbing Los Angeles Crane Whiting inc. Norwalk Lift, compressors Gas Truck & pump) Crane Service Los Angeles Paving Goode Schonder " " Cer Tile Bev Hills Tile Bev. Hills Romolatign Bert Shotwell Culver City lass & Glazing Metropolitan Glass Los Angeles 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 CONSTRUCTION OF NEW WARE- HOUSES FOR THE CITY OF EL SEGUNDO, CALIFORNIA. ", be and the same is hereby accepted at the price 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 re- ferred to and by this reference incorporated herein and made a part hereof for all further particulars. SECTION 3. All of the work to be done under the contract 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 ac- cordance with the Plans and Specifications prepared by Ralph C. Flewelling and Walter L. Moody, Architects, approved by said City Council August 19, 1953, on file in the office of the City Clerk of said City. - 6 - SECTION 4. 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 here- in specifically set forth as follows, to wit: Classification Basic Trades Rate Der Hour CARPENTERS arpZ enter ------------------------------------ - - - - -- -$2.70 Floorlayer------------------------------------- - - - - -- 2.90 Millwright ----------------------------- ------- - - - - -- 2.90 Saw Filer -------------------- ---------- ------- - - - - -- 2.78 Table Power Saw Operator ---------------------- - - - - -- 2.7$ CEMENT MASONS ement ason -------------------- ------ -------- - - - - -- 2.70 Cement Mason (Composition or Mastic) ---------- - - - - -- 2.82 Cement Floor Finishing Machine Operator ------- - - - - -- 2.$2 IRON WORKERS Reinforcing Iron Worker ----------------------- - - - - -- 2.74 LABORERS Laborers, General or Construction ------------- - - - - -- 2.05 Operators and Tenders of Pneumatic and Electric Tools Vibrating Machines -------------------- - - - - -- 2.26 Cement Dumper (on 1 yd. or larger mixers and handling bulk cement) ------------------- - - - - -- 2.26 Cribber or Shorer ----------------------------- - - - - -- 2.41 Asphalt Raker and Ironer ---------------------- - - - - -- 2.26 Concrete Curer - Impervious Membrane ---------- - - - - -- 2.24 Flagman------------------ --------------------- - - -- -- 2.05 Watchman -------------------------------------- - - - - -- 1.97 Sewer Pipe Layer (Excluding Calker) ----------- - - - - -- 2.36 Sewer Pipe Calker (using calking tools) ------- - - - - -- 2.24 Sewer Pipe Calker - Cement Joints ------------- - - - - -- 2.10 Tarman and Mortarman -------------------------- - - - - -- 2.10 Window Cleaner -------------------------------- - - - - -- 2.20 OPERATING ENGINEERS A -Frame -Boom True s ------------------ ------ --- -- - - -- 2.65 Air Compressor Operator ----------------------- - - - - -- 2.35 Boxman or Mixer Box Operator (concrete or asphalt plant) ----------------- - - - - -- 2.47 Concrete or Asphalt Spreading, Mechanical Tamping or Finishing Machine Operator ------- - - - - -- 2.65 - 7 - Concrete Pump or Pumperete Gun Operator ------ - - - - -- 2.50 Motor Patrol Operator, including any type of power blade ------ -- ---- -------- - - - - -- 2.79 Pump Operator ------------------- ------------- - - - --- 2.35 Roller Operator ------------- ---------------- - - - - - -- 2.57 Tow Blade or Grader Operator ----------------- - - - - -- 2.50 Tractor Operator - Bulldozer, Tamper, scraper or Drag Type Shovel or Boom Attachments ---- - - - - -- 2.65 Trenching Machine Operator ------------------- - - - - -- 2.73 TRUCK DRIVERS Drivers of Dump Trucks of less than 4 yds. water level -------------------- - - - - -- 2.13 Drivers of Dump Trucks - 4 yds. but less than 8 yds. water level ----------- - - - - -- 2.16 Drivers of Dump Trucks - 8 yds. but less than 12 yds. water level -------------- - - - - -- 2.21 Drivers of Trucks - legal payload capacity less than 6 tons ------------------ - - - - -- 2.13 Drivers of Trucks - legal payload capacity between 6 and 10 tons ------------- - - - - -- 2.16 Drivers of Transit -Mix Trucks - under 3 yds. - - - - - -- 2.37 Drivers of Transit -Mix Trucks - 3 yds. or more - - - -- 2.51 Water Truck Drivers - under 2500 gal. -------- - - - - -- 2.19 Winch Truck Drivers - 12J¢ per hour additional when operating power winch, A- Frames or similar special attachments Sub - Trades BRICKLAYERS Bricklayer and Stone Mason ------------------- - - - - -- 3.175 Bricktender --------- ------- ------------------ - - - --- 2.25 Terrazzo Setter ------------------------------ --- - -- 2.77 Tile Setter (Plus Health and Welfare) -------- - - - - -- 2.94 Bricklayer, Stone Mason and Terrazzo Setter Fore- man $2.00 per day more than the journeyman rate ELECTRICIANS Electrician ---------------- ---------- -- ------ - -- --- 3.10 IRON WORKER Structural Iron Worker --------------- - - - -- Pan Setter -------------------------------- Pan Setter Helper ------------------------- LATHERS at er (Metal Furring) --------------- - - - -- Lather (Nail On) -------- ------------ - - - - -- PAINTERS Carpet Linoleum Glazier (Plus 1 and Soft Tile Layer Week Paid Vacation) Brush--------------- - - - - -- Spray Gun or Sandblaster -- PLASTERERS Plasterer (Plus Health and Welfare) -- - - - - -- Plasterer Tender (Plus Health and Welfare) - PLUMBERS AND FITTERS Plumbers - Gas or Lawn Sprinkler Fitter - - -- Plumbers - Lead or Cement Calker ----- - - - - -- Plumber Foreman ----- ----------------- - - - - -- - - - -- 2.85 - - - -- 2.38 - - - -- 2.13 - 3.375 - 3.375 2.90 2.395 2.56 2.81 3.4375 3.1125 - 2.90 - 2.90 - 3.15 ROOFERS Roofer Foreman -------------------------------- - - - - -- 3.00 Roofer---------------------------------------- - - - - -- 2.75 Damp, Waterproof and Bituminous Enameler ------ - - - - -- 2.75 SHEET METAL WORKERS Sheet Metal Worker ---------------------------- - - - - -- 2.70 TILE AND TERRAZZO HELPERS Tile Setters He per --------------------------- - - - - -- 2.1375 Terrazzo - Base Machine Operator -------------- - - - - -- 2.475 Terrazzo - Floor Machine Operator ------------- - - - - -- 2.21 All foremen not herein separately classified shall be paid not less than 171¢ per hour more than the highest classifi- cation over which he has jurisdiction. Provided that one and one -half (1j) 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, Memorial Day, Fourth of July, Labor Day, Armistice Day, Thanksgiving and Christmas. The minimum 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 El Segundo Ten Dollars ($10.00) 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 subcontractor under him, un- der this contract and agrees to keep all records required by, and to fully conform with, keep and observe all of the re- quirements with reference to the payment of wages, as set - 9 - �; �', 6 forth in Sections 1770 to 17$1, both inclusive, of the Labor Code of the State of California. The contractor agrees that its attention has been directed to Sections 1$10 to 1817, both inclusive, of the California Labor Code relating to working hours, and to Sec- tions 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 Sections in the execution of this contract. The contractor, insofar as said contractor is le- gally required so to do, must observe and abide by the pro- visions 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 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 con- templated 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 6. That all bids received for said work or improvement, with the exception of the said bid of MAY- FAIR CONSTRUCTION COMPANY, be and the same are hereby re- jected; and the City Clerk is hereby authorized and instructed to return the checks of all unsuccessful bidders. SECTION 7. That the City Clerk shall prepare copies of this resolution after the passage and adoption thereof, and - 10 - shall affix to such copies at the end thereof, after the Clerkts certificate, forms for the approval of the success- ful bidder and on the part of the said City; and such copies of this resolution, so approved and accepted by the success- ful bidder and by and on behalf of said City, shall consti- tute the contract for the construction of certain new ware - said houses for the City, within/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 ap- proval and acceptance of said City to such contract, and said City Clerk is hereby authorized and instructed to at- test the same on behalf of said City and to affix the of- ficial seal of said City thereto. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the original 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 pro- ceedings 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 23rd day of Sep- tember, 1953. ATTEST: City Clerk (SEAL) ayor of the iC t f El Seg , California. - 11 - f32A 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 num- ber of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 1354, 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 23rd day of September, 1953, and that the same was so passed and adopted by the follow- ing vote: AYES: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. WITNESS my hand and the official seal of said City this a 3/-A day of September, 1953 (SEAL) - 12 - City Clerk of the Cit of E1 Segundo, Californi .