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CC RESOLUTION 1355RESOLUTION NO. 1355 A RESOLUTION OF THE CITY OF EL SEGUNDO, TO OSWALD BROS. CO. FOR THE IMPROVEMENT BETWEEN SEPULVEDA B STREET, WITHIN SAID CITY COUNCIL OF THE CALIFORNIA, AWARDING A CERTAIN CONTRACT OF MARIPOSA AVENUE DULEVARD AND DOUGLAS CITY. •h�lil 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 bid- ders entitled, "NOTICE INVITING BIDS FOR THE IMPROVEMENT OF MARIPOSA AVENUE BETWEEN SEPULVEDA BOULEVARD AND DOUGLAS STREET IN THE CITY OF EL SEGUNDO, CALIFORNIA.", dated August 27, 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 smproVement of Mariposa Avenue between Sepulveda Boulevard and Douglas Street, 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 23rd day of September, 1953, said Council did publicly open, examine and declare all bids received (a bid by Earl Brown being disregarded because the bid bond contained in said bid was only for five per cent (5 %) of the bid price, whereas ten per cent (10 %) was required under the notice inviting bids), and did refer 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 - 1 - a vl g . 1 ti 0 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. That the bid of OSWALD BROS. CO., of 366 East 58th Street, Los Angeles, California, dated Septem- ber 23, 1953, which said Council determines to be substantial- ly as follows, to wit: "CITY OF EL SEGUNDO LOS ANGELES COUNTY, CALIFORNIA The Improvement of Mariposa Avenue from Sepulveda Boulevard to Douglas Street PROPOSAL "To the City Council City of E1 Segundo 203 Richmond Street E1 Segundo, California "Gentlemen: "The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the plans and specifications and read the accompanying instructions to bidders and hereby proposes and agrees to furnish all labor, materials, equipment, transportation and services, and to do all the work required for the construction of certain street improvement in Mariposa Avenue from Sepulveda Boulevard to Douglas Street, City of E1 Segundo, in strict conformity with the plans and specifications prepared therefor by the City Engineer, as approved by the City Council of said City, and at the follow- ing prices, to -wit: ITEM APPROX. ITEM WITH UNIT PRICE UNIT PRICE N0. QUANTITY WRITTEN IN WORDS IN FIGURES TOTAL 1 a. 50 arthwork - Clay re- Cu. Yd. moval and disposal at thirty five cents per cu. yard 0.35 1,878.10 b. 5,010 Earthwork - Compacted Cu. Yd. select material road base at thirty five cents per cu. yard 0.35 19753.50 - 2 - C 6 c kc:,1 1 c. 30,034 Earthwork - Select ma- Cu. Yd. terial removal and dis- posal at thirty five cents per cu. yard 0.35 10,511.90 2. 79$12 Construct integral curb Lin. ft. and gutter at One dollar and seventy cents per lin. foot 1.70 130280.40 3. 2,795 Construct 8" concrete sq. ft. cross gutter at sixty cents per sq. ft. 0.60 1,677.00 4. 165 tons Remove existing concrete curb, gutter, apron, pav- ing, etc. at Three Dol- lars and fifty cents per ton 3.50 577.50 5. 1$9,470 Construct 4" A. C. paving sq. ft. at Thirteen and one quar- ter cents per sq. ft. 0.1325 25,104.7$ "The undersigned further agrees that in case of default in executing the required contract, with neces- sary bonds, within ten (10) days, not including Sundays, after having received notice that the contract is ready for signature, the proceeds of the check or bond accom- panying his bid shall become the property of the City of El Segundo. "Enclosed is bidderts bond, payable to the City of El 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 time 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. By /s/ Geo. H. Oswald Pres. Business Address 366 E. 5$ St. Los Angeles, Cal. Telephone Number Adams 6151 Contractor's License Number 105641 "DATED THIS 23 DAY OF Sept., 1953", and which said bid was submitted in response to and under the terms, conditions, provisions and requirements set forth in - 3 - a� ' said "NOTICE INVITING BIDS FOR THE IMPROVEMENT OF MARIPOSA AVENUE BETWEEN SEPULVEDA BOULEVARD AND DOUGLAS STREET IN THE CITY OF EL SEGUNDO, 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 reference 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 and equipment to be furnished by the contractor thereunder must in all respects be done, performed and furnished in ac- cordance with "Dwg. No. 530609" and "CITY OF EL SEGUNDO, CALIFORNIA, SPECIFICATIONS NO. ST -6008 FOR The Improvement of Mariposa Avenue Between Sepulveda Boulevard and Douglas Street, in the CITY OF EL SEGUNDO" 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 E1 Segun- do, California, (the locality in which the said work or im- provement is to be performed) for each craft or type of work- man 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 Laborer, general or construction ---------- - - - - -- -$2.05 Operators and tenders of pneumatic and electric tools, vibrating machines and similar mechani- cal tools not separately classified herein - - - -- 2.26 Asphalt raker and ironer ------------------- - - - - -- 2.26 - 4 - •prom f ti��ci Fine grader (highway and street paving only) - - - -- -$2.15 Guard and /or watchman ----------------------- - - - - -- 1.97 Air Compressor operator --------------------- - - - - -- 2.35 Concrete or asphalt spreading, mechanical tamping or finishing machine operator ----- - - - - -- 2.65 Motor patrol operator - including any type of power blade ----- ----------------------- - - - - -- 2.79 Pavement breaker operator ------------------- - - - - -- 2.57 Road oil mixing machine operator ------------ - - - - -- 2.70 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.$$ Concrete mixer operator - skip type --------- - - - - -- 2.50 Tractor operator - bulldozer, tamper, scraper or drag type shovel or boom attachments --- - - - - -- 2.65 Universal equipment operator (Shovel, dragline, derrick, derrick - barge, clamshell or crane) - - - -- 2.$$ Cement finisher ----- •-- ------------ ---- ------ - - -- -- 2.70 Cement dumper (on 1 yard or larger mixers and handling bulk cement) --------------------- - - - - -- 2.26 Concrete curer (impervious membrane) -------- - - - - -- 2.24 Tarman and mortarman ------------------------ - - - - -- 2.10 A -frame -boom truck operator ----------------- - - - - -- 2.65 Apprentice engineer (including fireman, oiler and greaser) ------------------------ - - - - -- 2.23 Concrete mixer operator (paving type and mobile mixer) ------------------------- - - - - -- 2.75 Elevating grader operator ------------------- - - - - -- 2.79 Heavy duty repairman ------------------------ - - - - -- 2.65 Heavy duty repairman helper ----------------- - - - - -- 2.23 Elevator hoist operator --------------------- - - - - -- 2.57 Oshkosh or D.W. 10 or Tourneaupull operator - - - - - -- 2.79 Pump operator -------- ------------- ---------- - - -- -- 2.35 Tractor, scraper or drag type shovel (tandem) - - - -- 3.06 Drivers of water trucks under 2500 gal- ----- - - - - -- 2.19 Drivers of water trucks, 2500 gal. or more -- - - - - -- 2.31 Drivers of dump trucks, of carrying capacity less than 6 tons ----------------- - - - - -- 2.13 Drivers of dump trucks, of carrying capacity between 6 and 10 tons ------------ - - - - -- 2.16 Drivers of dump trucks, of carrying capacity between 10 and 15 tons ----------- - - - - -- 2.21 Drivers of dumpster trucks ------------------ - - - - -- 2.25 Any classification omitted herein, not less than -- 1.97 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 (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 - 5 - 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. 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 E1 Segundo Ten Dollars 010.00) 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, 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 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 1810 to 1$17, 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 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. - 6 - 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 con- templated under this contract, all in conformity with the provisions of Sections 4300 to 4305, both inclusive, and Sec- tions 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 Clerk's certificate, forms for the approval of the successful bidder and on the part of the said City; and such copies of this resolution, soapproved and accepted by the successful bidder and by and on behalf of said City, shall constitute the contract for the improvement of Mariposa Avenue between Sepulveda Boulevard and Douglas Street, 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 and acceptance of said City to such contract, and said City Clerk is hereby authorized and instructed to attest the same on behalf 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 - 7 - f tlkeit3 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: Clerk (SEAL) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, SS. CITY OF EL SEGUNDO. ) Mayor of the City 1 Se-t gundo, Califor . I. Neva M. Elsey, City Clerk of the City of E1 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. 1355, 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 following vote: AYES: Councilmen Baker, Gordon, Swanson, Peterson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. WITNESS my hand and the official seal of said City this 24th day of September, 1953. City Clerk of the City of (SEAL) E1 Segundo, California - 8 -