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HomeMy WebLinkAboutCC RESO 5796.' /ate RESOLUTION NO. 5796 BE IT RESOLVED by the City Council of City of National City, California, as follows: SECTION 1: That that certain agreement between DALEY CORPORATION and CITY OF NATIONAL CITY, a municipal corporation, whereby said DALEY CORPORATION agreed to perform certain work at the total price of $49,601.00 determined as follows: 320 cu.yds. Removal of Concrete @ $ 5.00 $ 1,600.00 2860 " " Roadway Excavation @ 1.85 5,291.00 1850 tons Rock Base @ 3.70 6,845.00 3900 tons Surfacing @ 8.10 31,590.00 95 cu.yds. Concrete Curbs,etc. @ 45.00 4,275.00 and a copy of which agreement is attached hereto, be and the same is,hereby approved. SECTION 2: That MAURICE CARRIGAN, Mayor of the City' of National City, be, and he is hereby, authorized and directed to execute the same for and upon behalf of said City. PASSED AND ADOPTED by the City Council of the City of National City, California, this 2lst day of October , 19 52 , by the following vote, to -wit: AYES: Councilmen Hart, McClure, Per.ehen, Sarn, Carrigan NAYS: Councilmen None ABSENT: None ATTEST: ir! City Clerk. ayor of the City National CiCalifornia. Resolution I hereby approve the foregoing this 2 at day of October 19 52 ayor of the City of/National City f alifornia. I hereby certify that the above and foregoing is a full and true copy of of the { Resolutions Ordinances } I. Ordinance I Resolution No of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the day of , 19 City Clerk of the City of National City, California. Deputy DOCUMENT No. Date OFFICE OF THE CITY CLERK NATIONAL CITY, CALIFORNIA ORDINANCE No. FIRST READING Moved by Seconded by ADOPTED BY COUNCIL Moved by Seconded by GOES 1NTO EFFECT CITY OF NATIONAL CITY STATE OF CALIFORNIA NOTICE TO CONTRACTORS SEALED PROPOSALS will be received at the office of. the City. Clerk, City Hall, City of National City, California, until 8:00 P.M., on October 21, 1952, at which time they will he publicly orened and read, .for performing work as follows: city of National City, Grading, widening pavement and resurfacing on Roosevelt Avenue, between Main Street and 16th Street; WestAvenue, between 16th Street and l8th Street; and 16th Street, between Roosevelt Avenue and National Avenue. • No bid- will be received unless it is Made on a proposal form furnished by the City Engineer. Each bid must be accompanied by (cash, certified or cashier's check, or bidder's bond) made payable to the City of National City for an amount equal to at least ten- (10) per cent of the amount bid, such guaranty to be forfeited should the bidder to whom .the contract is4 awarded, fail to enter into the contract. In accordance with the provisions of Chapter 397, Statutes of 1931, the City Council of the City of National City has ascertained the general prevailing rateOf wages applicable to the work to be done as follows: Classificatione- • • Rate per hour Apprentice Engineer, including fireman, oi1er and greaser $2.12 Asphalt.plant fireman 2.85 Asphalt rater and ironer 2.14 Boxman or • box operator (concrete or asphalt plant) 9 35 Carpenter 2.57 Cement fsr 2.57 Concrete or asphalt spree, 7.rg, mechanical tamring or flnisin mathne operator 2.52 Concrete mixer operator - paving type and Mobile mixer Concrete mixer operator -- skip type 2.38 Concrete curer e impervious membrane 2,12 Driver of dump trucks (less than 4 yards water level) 2.02 Driver of dumr trucks (4 yards but less than 8 yards water level)2.04 Driver of dump trucks (8 yards -but less than 12 yards water leve12.09 Driver of dump trucks (12 yards but less than 16 yards water 1ev.2.17 Driver of dump trucks (16 yards or more water level) 37 Flagman 1.94 Heavy Duty repairman 9.52 Heavy duty repairman -helper 2.12 Laborer • 1.94 Fine Grader 2 04 Motor patrol operator, including any tyre of power hlade.,..,2.66 Operator and tender Of pneumatic and electric tools, bibratlng machines and similar mechanical tools not separately classified herein 2.14 Roller operator 9 45 Tractor operator - bulldozer, tamper, scraper, or drag -type shovel or boom attachments 2.52 Universal equipment operator 9shovel, dragline, derrick, derrick - barge, clamshell or crane) 2.74 Water truck driver Under. 2500 gallons 2.07 Water t-uci dr.ver 75), gallons or more ' Any cAtscca''on omi4t2d "err.n not leas t"-nr 1 ol Overtfm- - not less that- on and one-half •(1v,) t'res abovo rete Sundays and - not 1=ss than on= and ooe 1 (1fl above rates. All brds ar2 to be comrarad on the basis of '1-e C"-7Pjr est4mate of tl-e quantities of worL to be done. No bid w 11 be accepted from a Contractor wl-o as not. b-?en l'ceosed !In accordanCe the provisions of Cherter 791, Statutes of 10")°, as Mended. Plans may be seen, and forms of rrorosal, bonds, contract, and specifications may be obtained at the off'ce of the City Clerl, Hall, National City, California, uron ravnent of S5..0n. The special attention of prospectve bidders is called to tbe "Proposal Requirements and Conditions" annexed to the blank form of proposal, for full directions as to o!dcrrg, etc. The City of National City reserves the right to rejec+ any or all bids. CITY OF NATIONAL CITY, (Signed) Irene M. Alstotl, 4 City Clerk Dated Oct. 8, 1952 News 2t. Oct. 10-17, Jno. 3084 Section 1. PROPOSAL REQUIREMENTS (a) General Inforrnatiop.--The City Council of the City of National City, California, will receive at its office at Room City, Hall. in said c'ty, until 8 o'clock, P.M., on October 21, 1952 sealed rrorosals for grading, widening ravement and. resurfac_ ng o- Roosevelt Avenue, between Main 'Street and 16th Street: West Avenue. between 16th Street and 18th Street; and 16th ltreat, be - +weer: Roosevelt Avenue and Nat.io:nal Avenue. Frorosal Form. --rill rrorosals must b„ made ur'ar bla k forms to be obta_ ,mod from the -t E-:g neer at his office All r'rOroSalS .t'-t.JSt y ve the r-^' cos rrorosed, ',lot} = '".%g and '' the b'.dder, with i : s'. address. . If the f- games, .a d mA:7s'� be signed `�y proposal is male o' an '^d'vldual, his name and most --office address must be shown. If made by a f'rm or rar'`nersh_r, the name and CCs'--- orfice.address of each member or the firm or rartnershir must be shown. If made by a corroration, the proposal must show the name Of the state under the laws of which the corrorati,on was chartered and the names, titles, and business addresses of the rr?s.<dent, secretary,: and treasurer. (c) Bidder's Guaranty, --All bids shall be rresented under sealed cover and sk►all be accompanied by cash, cashier's check, certified check, or bidder's bond, made payable to the City of National City or an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be.considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. (d) Return of Bidder's Guaranties -,-Within ter. (10) days after the award of the contract, the City Council wRr._ ll return the proposal guaranties accompanying such of the rrornsals which are not to be considered in making the award., All o"er rrO- royal gua ranties will be held until the contract has been finally executed, after which they will be returned 10 +he respective bidders whose rrorosels they accom'"anV.- (e) Contract Bonds.__The Contractor shall furnish two good and suff _ ' e"-,'. 'n' ds . Each of +h e sa`' c'i bonds shall be executed a si,ir equal to a t least one-half of the co •tract rri ce. One of +i, sa; -i bonds s''all a^drtae the fa'th ul nrforrr rce of +,1-e said c.,--t, ac,t, g'- ' v 'the Cori actc'r- and the other of the said bonds shall be furnished as requ`~ d 'l' ,he terms of :}. ac t entitled; "An act to ,ecure +hey payment of +},.e cia'(liS of }--.e r... i, sees amrlo ed by contra ctors upon' public works, .and. +he claims of persons who furnish ;materials, •surr11ies, t eams, implements, or machinery used or consumed by such contractors in the performancR qf such. wor};s, . and *'9scr'bi'ng `the duties Of certain public officers with resr ct thereto," approved May 10, 1919, a. s amended. Form r'-qui a- d may '., „er t +ham nff f + ra � exami a , Or r0'"' aS will be f.'re_shad. - f dray red. dlers. • -3_. 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 Council has cause to believe that such surety or sureties have become in- sufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not g that originally required, as is considered necessa yl considering the extent of the work remaining to be done. ThereSfter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. (f) Rejection of Proposals Cont ai.ning.Alterations,;E.rasures or Irregularities. --Proposals may be rejected if they show any atera- tions of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. The right is reserved to reject any and all proposals. (g) Award of Contract. --The award of the contrast, if it be awarded, will be made within thirty (30) days after, the opening of the proposals. (h) Execution of Contract. --The contract shall be signed by the successful bidder and returned, together with the contract bonds, received notice that the contract has been awarded. o proposal shall be considered binding upon the City until the execution of the contract. Failure to execute a contract and file acceptable bonds as pro- vided herein within ten (10)days, not including Srndays, 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 guaranty. (1) Examination of Plans, Specifications, Special Provisions, and Site of Work. --The 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 en- countered. as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, andthe contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. Section 2. SCOPE OF WORK (a) Work to be Done, --The work to be done consists of furnishing all labor, mat- erials, methods and processes, implements, tools, and machinery, 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. (b) Alterations, --By mutual consent in writing of the parties signatory to the contract, alterations or deviations, increases or decreases, additions or omissions, in the plans and specifications, may be made and the same shall in no way affect or make void the contract. The City ofNi ional City reserves the right to increase or decrease the quantity of any i portion of the work, or to omit portions of the work as may be deemed necessary or expedient by the Engineer. (c) F.,stra 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 Contractor shall receive payment as previously agreed upon in writing, or he shall be paid on force account. (d) Removal of Obstructions. --The Contractor shall remove and dispose of all structures, debris, or other obstructions of any character to the construction of the street or road, if and as required by the Engineer. The Contractor shall remove and dispose of all trees designated by the Engineer as obstructions to the proper completion of the work. (e) Final Cleaning Up. ---Upon completion and before making application for accept- ance of the work, the Contractor shall clean the street or read, 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. -5-, See. ,.on 3. CONTROL OF THE WORK (a) Authority of the Engineer. --THE Engineer shall decide any and all questions which may arise as to the aluality or acceptability of materials furnished and work per— formed, and as to the manner ofperformanceand rate of progress of the work; all quest— ions which arise as to the interpretation of the plans and specifications; all questions as to the acceFitable fulfillment of the contract on the part of the Contractor; and all questions as to claims and compensation. The Engineer's decision shg:il be final and he shall have executive authority to en- force and make effective such decisions and orders as the Contractor fails to carry out promptly. (b) Plans;--11 authorized alterations affecting the requirements 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 direction of the Engineer. Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by`the Engineer before any work involving these plans shall be performed, unless approval be waived in writing by the Engineer. It is mutnaliy agreed, however, that approval by the Engineer of the Contractor's working plans does not relieve the Contractor. of any responsibility for accuracy of dimensions and details, adn that the Contractor shall be responsible for agreement and conformity of his working plans with the approved plans and specifications. (c) Conformity with Plans and °allowable Deviation. --Finished surfaces in all cases shall conform with the lines, grades, or-lss—sections, and dimensions shown on the approved plans. Deviations from the approved plans, as may be required by the exigencies of con- struction, will be determined in all cases by the Engineer and authorized in writing. (d) Coordination of Plans, Specifications, and Special Provisions. --These specifi— cations, the plans, special provisions, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe, and to provide for a complete work. Plans shall govern over specifications; special provisions shall govern over both specifications and plans. (e) Interpretation of Plans and Specifications.--Shoultit appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in these specifications, clans, and the special provisions, the Contractor shall apply to the Engineer for such further explanations as may be necessary, and shall conform to such explanation or interpretation as part of the pontract, so far as may be consistent with the intent of the original specifications. In the event of doubt or question relative to the true meaning of the specifications, references shall be :made to the City Council, whose decision thereon shall be final. In the event of any di. epancy between any drawing and e figures written theron,. the figures shall be taken as correct. (f) Superintendence. Whenever the Contractor is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer in writing, and shall be received and obeyed by the superintendent or foreman in charge of the parti— cular work in reference to which orders are given. (g) Lines and Grades. --All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top of stakes or nails, unless otherwise noted on the plans. Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and incase any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work. The Contractor shall give at least 24 hours' notice in writing when he will require the services of the Engineer for laying out any portion of the work. The Contractor shall furnish the Engineer such facilities and labor necessary for marking and maintain— ing points an lines as he may require. Labor furnished by the Contractor for such pur— poses will be paid for as Extra Work, The Contractor will preserve all stakes and points set for lines, grades, or measure- went; of thework in their proper places until authorized to remove them by the Engineer. All expenses incurred in replacing stakes that have been removjed without proper authority shall be paid by the Contractor. (h) Inspection. --The Engineer shall at all times have access to the work during con— struction, and shall be furnished with every reasonable facility for ascertaining full \-aa knowledge respecting the progress, workmanship, and character Of materials used and employ- ed in the work. Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the,contract as prescribed. Defective work shall he made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked 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 Director of Public Irks, or his agents. -7- (i) Removal of Defect -re and Unauthorized Work‘. --All w .c 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 manner, and no compen- sation 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 unauthor- ized and will not be paid for. Upon failure on the part of the Contractor to comply 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. (j) Final Inspection,--ghenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make the final inspection. -8- • y Sect -on 4. CONTROL OF MATERIALS (a). Samples and Tests. --At the option of the Engineer, the source of supply of each the materials shall be approved 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 submitted by the Contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. A 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 materials as are requested by the Engineer, without charge. No material shall be used until it has been approved by the Engineer. `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 considered as defective, and all such materials,, whether in place or not, shall be rejected and 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 subsequently corrected, shall be used until approved in writing by the Engineer. Upon failure on the part of the Contractor to comply 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 removal and replacement from any moneys due or to become due the Contractor. -9- Section 5. LEGAL RELATIONS AND RESPONSIBILITIE1Tc THE, PUBLIC (a) Laws to Be Observed.--The:,Contract_or shall keep himself fully informed of all existing and future State and',Nat..ional laws and all Municipal ordinances and regulations of the'City of National City which in any manner affectthose engaged or employed in the work, or the materials used in the work, or which in any affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. (b) Alien Labor. --The Contractor shall 'forfeit as penalty to the'City of National City Ten Dollars ($10) for each alien knowingly employed in the execution of the contract, by him or by any subcon- tractor under him, or any of the work herein mentioned, for each calendar day, or portion thereof, during which suchlalien is permitted or required to labor in violation of the provisions',of the Labor Code and in particular, Sections 185.0 to 1854 thereof, inclusive. (.c) Hours of Labor. --The Contractor shall forfeit, as penalty to the City of National City Ten Dollars ($10) for each laborer, work- man, or mechanic employed in the execution of the contract by him, or,by any subcontractor under him, upon any of the work herein -before 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, acid in particular, Sec- tions 1810 to 1816 thereof,, inclusive. (d) Prevailing Wage: --The Contractor shall forfeit as penalty to the City of National City Ten Dollars ($10) for each laborer, work- man, or mechanic employed, for each calendar day or portion thereof, sufh laborer, workman, or mechanic is raid less then the general pre- vailing rate of wages hereinafter stipulated for any work done under the attached contract, by him, or by any subcontractor under him, in violationof the provisions of the Labor Code, and in particular, Sections 1770 to 1781 thereof, `nclusive. - 10 - The City Council of the City of National City has ascertained the general prevailing rate of wages applicable to the work to be done to be as follows: Classification - Rate rer hour Apprentice Engineer, including fireman, Oiler and Greaser Asphalt plant fireman Asphalt raker and ironer Boxman or mixer box operator (condrete or asphalt plant) Carpenter Cement finisher Concrete or asphalt spreading, mechanical tamping or finishing machine operator -2.52 Concrete mixer operator --paving type and mobile mixer 2.62. Concrete mixer operator --ship type 2.3 Concrete curer --impervious membrane 2".12 Driver oump trucks (less than 4 yards water level) 2.02 Driver 4f dump trucks '(4 yards but less than 8 yards • water level) 2.04 Driver of dump trucks (8 yards but less than 12 yards water level) 2.09 Driver of dump trucks (12 yards hut less than 16 'yards water level) 2.17 Driver of dump trucks (16 yards or more .eater level) 2.37' Flagma n 1.94 Heavy:Duty repairman 2.52 Heavy;Duty repairman --helper 2.12 Laborer 1.94 Fine Grader 2.04 Motor patrol operator, including any type of rower blade 2.66 Operator and tender of pneumatic and electric tools, vibrating machines and similar mechanical. tools 'not separately classified herein 2.14 Roller operator 2.45 Tractor operator --bulldozer, tamper, scraper, or drag - type shovel or boom attachments 2.52 Universal equipment operator (shovel, dragline, derrick, derrick -barge, cla mshell or crane) 2.74 Water truck driver--imder 2500 gallons 2.07 Water truck driver--2500 gallons or more 2.19 Any classification omitted herein not less than 1.94 Overtime --not less than.one and one-half (113) times the above rates. Sundays and holidays --not less than one and one-half (1�) times the above rates. $2.12 2,85 2.14 2.35 2.57 2.57 —10(a)_ (e) Domestic Materia_ --Only such unmanufactured art. es, 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, materials, and supplies mined, produced, or so manufactured, as the case may be, in the United States, shall be used in the _performance of the contract in accord- ance with the provisions of an Act entitled: "An act to require the use of materials and supplies substantially produced in the United States, in public works and for public purposes," Chapter 226, Statutes of 1933. Any person, f'rm, or corporation who fails to Comply with the provisions of the act shall not be awarded any contract to which the act applies for a period of three years from date of violation. (g) Registration of Contractors. --Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Pro- fessions 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 dues and lawful prosecution of the work. (i) Patents. —The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, 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, obstruction 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 provided 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 intersecting street or road shall be closed at any one time without 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 re- sult thereof, and he shall also erect and maintain such warning and directional signs as may be furnished by the City. (k) Responsibility for Damaged --The City of National City, the City Council, or th4!'. Engineer shall not be answerable or accountable in any manner'f or any loss or damage that'` may happen to the work or any part thereof; onfor any material or equipment used in per- forming the work; or for 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 acceptance. -11 THE Contractor shall indemnify and save harmless the Cite Jf National City, California, 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 or arising in the con- struction 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, repair, 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 Liability. --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 National City, California, shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications. -12- S ect i 6 . PROSE UTION AND PROGRESS (a) Subletting and .Assignment. --The Contractor shall give !lie personal attention to the fulfillment of the contract 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 specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the City Engineer, the subcontractor shill be removed immediately 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) Progress of the Work and Time for Completion. --The contractor shall begun work within fifteen (15) days after receiving notice that the contract has been approved and shall diligently prosecute the same to completion before the exiration of forty (40) consecutive days (Sundays and legal holidays excluded) from thedate of said apprOval. (c) Character of Workmen. --If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be dis- charged immediately on the requesition of the Engineer, and such person shall not again be employed on the work. (d) Temporary Suspension of :cork. --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 pro- secution of.the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor 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 re- aume 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 specifications, damage will be sustained by the City of National City, California, and that it is and will be impracticable to -determine the actual 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 National City, California, the sum of Fifty Dollars (650) 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 proirided, and',in case the same are not paid, agrees that the City of Nationaldue Contractor dethe ctnera orn amay deduct amount thereof from any money due or that May -13- It is further agreed t. , in case the work called for u. Jr 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 bsst 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 Con- tractor, 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, in- spection, superintefidence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that the cost of final surveys and preparation of S.nal estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the coat of engineer- ing 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 embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the'beginning of any such delay notify the Engineer in writing of the causes of delay, who shall ascer- tain 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 hasafailed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence andforce specified and intended in any 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 satis- factory compliance with the contract, as directed by the Engineer, within the time speci- fied in such notice, 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 terminate, and thereupon the City Council or its duly authorized representative may take possession of all or any part of the Con- tractor's materials, toss, equipment, and applianoes upon the premises, and use the same for the purpose of completing said contract, and hire such force and buy or -rent such additional 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 parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in eudhamanner as the.City Council 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 'vent of such suspension, all money due the Contractor or retained under the terms of this con- tract shall be forfeited to the City; but such forfeiture will not release the Contractor or his sureties from liability cr failure to fulfill the Contract. The Contractor 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 operations of the contract and the completion of the work by the City as above provided, and the Con- tractor will be so credited with any surplus remaining after all just claims for such completion have been paid. -14- In the determination the question whether there has sea any such non-compliance with the contr:ct as to warrant the suspension or annulment `hereof, the decision of the City Council shall be binding on all parties to the contracts. (g) Right of ;`days --The rig?it"of way for the work to be constructed will be provided by the City, The contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way, unless otherwise provided in the Specicl Provisions. -15- Section 7. MEASUREMENT AND PPONENT (a) Extra and Force Account Work. --Extra works hereinbef-079. defines,1when ordered arCd accepted, shall be paid for under a writ- ten worklOrder in accordance with the terns therein provided. Pay- mentforjeXtra work will. be made at the.unit price or lump sum pre- viously /freed upon .by the Contractor and the Engineer; or by force a-xcount If the work is done on force account the Contractor shall receive the actual cost of all materials furnished by him as shown by his paid vouchers, plus fifteen per cent (15%), and for all labor, ecluip- ment and -6eams that are necessary he shall receive the current rrices in the loCality, which shall have been previously determined and agreed to in writing by the Engineer and by the Contractor, rlus fifteen (15°4); pfovided, however, that the City reserves the right to furnish such materials r required as it deems exredient, and the Contractor shall have no claim for profit on'the cost of such materials. The rrice paid for labor shall include any compensation insurance paid by the Contractor. A 11 extra work and force account shall be adjusted daily upon rePort sheets, rrerared by the Engineer, furnished to the Contractor end signed by bot- rart'e,, which daily -7corts shall thereafter be considered the true record of extra work or force account work done. (b) progress Payments.--Te City shall% once in each mrnth cal:se 2r eS÷4Mat f7ng to b,? hv 4-1-?.. C4.4-3 rntnn-ro or +1,-, +04-,11 o_ work Anr eel the accertable materials rrn-'shed "Ind delivered ').7 Contracforon,-"e ground an-1 gsed, to tl-e time of s.Jch estimate. and the value th'ereof. The City of National e44-Y .311 4- r.r (1)%) hf suc- e,"-imeted value of the work doee end fift,r rer cent of th.e: value of the materials so e---,t'mated tc have 'nee- f.ureisl-ed end deliVered and unused as af8resaid as cart securitv for the fulfillment nf +he contract by the Contractor, and shall monthly ray to the Confrertor. whilecarryirg on the work, the balance not re:' -aired. as aforesaid, afteir\deducting therefrom all rrevTlous rafm?nts and all slims tr be kert or retained under the provisions of +he contract. N o such estimate or payment,,shall be required to be made, when, in the judgment of the City Engineet\, the work is not rroceeding in accordance witl- +he crovisions of the contract, or when in his judgment the total value of +hr woe done since the last estimate amounts to less than three hundred dollars ($300). (c) Final Payment.-4Fbe City Engineer shall, ftar the comrletion of the contract, make a final -estimate of the amount of work done there-. under, and the value of such work, and the City of National City, California, shall pay the entire sum so found'to be due after deducting theeefrom all previous payments and all amounts to be kept and all atoUnts. to be retired under the c.rovi.sons of the contract'. All prior rert4a1 e-stimates ard-ravmerts shall be su'7)-iect to correction in the final esttm- ate and,.raimnnt. The final raymant shall. no be due and rave17, until 'the exriiration cf (5) tkirty-f've days from the date of arcara,. n 4±a by theCit ,uncil. It is mutually agreed between the rarties to the contract that no cert fitate given or rayment, made under the contract, excert the f'n.al certificate or final rayment, shall be con61u7-1ve evidenr.e. of - e rerfo'rmanc.e 6r the contract, either Wholly or in tart, ao 7.n;c any c1aTh of the mart' the f'r � r. r andno payment . b l be � _ O- _S_ d t,shall , co"'Str1'?:' to '-e.--an a coe74.1 cC or any defective work or 'i'!'irrore matar.-als, And t'-n .. n..,,.+i.,acfor furt}-?r agrees that. ""n rFavment of +1—e fi.^al ,amn,yn dun 'he contract n"1 adjustmentand ra.lm'+nt. .fi n7 any word d' nn accordance ,w tl a v a1tnrat '. or- , of +F': sam . SS-.-•11 rn_. lease +Y, ;a C' t./ of Nat' onal L•.x. ..; "o" ' O t., M , „_ 1. C near from a' and all clams r 1. -�� �. '�y C� S::J C1 .'�' 1 ab- 1� ';J on account ryr s; jr-. �^` r�'?^_- formed.. under '--e contract t or n ter t n.. sb_nr9 - -. _ fl- C�_ a.,✓ d1 .- ..3- 4}, .. - D'. . -17- Section 8. SPECIAL PROVISIONS The work embraced herein shall be done in accordance with the appropriate provisions of construction details, Section 10 to Section 665, inclusive, of the Specifications entitled "State of California, Department of Public Works, Division of Highways, Standard Specifica— tions, January '49," insofar as the same may apply, which specifica— tions are hereinafter referred to as the Standard Specifications, and in accordance with the following provisions. Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following; Department of Public Works, or Division of Highways --The City Council Director of Public Works --The City Mummer 'Engineer. —The City Ehgineer, acting either directly or through 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 National City, California, to test materials and work involved in the contract. • State --The City of National City, California , Other termsappearing in the Standard Specifications, the general provisions, and these special provisions, shall have the intent and meaning specified in Section 1, Definition of Terris of the Standard Specifications. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take pre— cedence over and be used in lieu of such conflicting portions. —18— Section 9. QUANTITIES The following preliminary estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of National City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the engineer. Item 1.. 320 Cubic Yards, Removing Concrete. 2. 2860 Cubic Yards, Roadway Excavation. 3. 1850 Tons, Imported Reck Base. 4. 3900 Tons, Plant Mimed Surfacing. 5. 95 Cubic Yards - Class "A" Portland Cement Concrete, Curbs., Gutters, Sidewalk's and Driveways. Section 10. MATERIALS The Contractor shall furnish for use under these special provisions all materials required to complete the 'attached contract. —19— Section 11. DESCRIPTION OF WORK' The work to1be done consists in general of grading, widening pavement with imported base material, surfacing with plant mixed surfacing, removing and re- constructing P.C.C. sidewalks, gutters, curbs and driveways. Said work to be done is shown and marked upon plans numbered G.T.100 and G.T.101. 20- Section 12. CONSTRUCTION DETAILS Maintaining Traffic. Attention is directed to Section 7, articles (e) and (f) of the, Standard Specifications. As the first order of work the Contractor shall complete P. M. S. on Roosevelt Avenue, between Main Street and 15th Street. During working hours and until P. M. S. is completed and opened to traffic, public traffic, except local residents, may be routed on adjacent city streets but public traffic shall -be permitted to cross Roosevelt Avenue at 4th Street, 8th Street and 13th Street at all times. Contractor shall prosecute P. M. S. continuously to completion after which the street shall be opened to public traffic. Removing Concrete. -_Attention is called to Section 10, article. (d) of the Standard Specifications and the following modifications. Contractor shall dispose of all broken concrete outside the right of way conforming to Section 7, article (j) of the Standard Specifications. Cost of furnishing and applying water, disposing of surplus excavation outside of right of way, haul and overhaul, clearing and grubbing shall be considered as included in the price paid per cubic yard for roadway excavation. Imported Rock Base. -- Imported rock base shall conform to the provisions of Section 20 of the Standard Specifications and as herein modified. No stockpiling will be required. The price paid per ton for Imported Rock Base shall include full compensation for furnishing all labor, materials, tools and equipment, furnishing and applying water and doing all work involved in placing the imported rock base as above specified. Plant Mixed Surfacing. -- Plant Mixed Surfacing shall comply with Section 28 of the Standard Specifications and the following modifications: Mineral aggregate shall conform with 1/2 inch maximum, dense graded mixture. Stockpiling and seal coat will not be required. Bituminous binder shall be Liquid Asphalt MC-4, MC-5 or Paving Asphalt200-300 Penetration. Plant Mixed Surfacing will be paid for at the unit price per ton of complete mixture which price shall include full compensation for furnishing all labor, materials, tools and equipment, furnishing and placing paint binder and doing all work involved in placing the plant mixed surfacing as above specified. Portland Cement Concrete Curbs, Gutters, Sidewalks and Driveways.-- ,Curbs.and gutters and driveways shall conform to Section 43 of the Standard Specifications. -21- Sidewalks shall conform taSection 44 of the Standard Speci— fications. Payment for all work above specified shall be a unit price per cubic yard for Portland Cement Concrete, Curbs, Gutters, Sidewalks and Driveways. -21(a)- To the City Council PROPOSAL of the City of National City The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the plans and specificati ons, and read the accompanying instructions to bidders, and hereby proposes to furnish all materials and do all the work required to complete the said work in accordance with said plans, if any, specifications, and special provisions, for the unit price or lump sum set forth in the following schedule: Item Approxi- mate Quantity Items with Unit Price Written in Words' UnO.t Price Total 2 320 2860 1850 3900 Cubic Yards Removing Concrete a Five dollars $5.00 per cubic yard Cubic Yards Roadway Excavation at $1.85 One dollar and eighty-five cents -per cubic yard Tons Imported Rock Base at Three dollars and seventy cents per ton Tons Plant Mixed Surfacing at Eight dollars and ten cents per ton 95 Cubic Yards Portland Cement Concrete Curbs, Gutters, Sidwalks and Drive- ways at Forty -five dollars per cubic yard -22- $3.70 $8.10 $45.00 Total $1600.00 $5291.00 $6845.00 $31,590.00 $4275.00 $49,601.00 The undersigned further agrees that in case of default in executing the required contract, with necessary fonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the City of National City. Licensed in accordance with an act providing for the registra- tion of contractors, License No. .76 Signature of bidder Dalev Corporation Vice -President Mission Valley & Ward Road P. 0. Box 4067 N. Park_ San Dieeq. California Business Address Dated: October 21 , 19_52_ -23- BIDDER'S BOND TO ACCOMPANY PROPOSAL Know all men by these presents, That we, Daley Corporation , as principal, and Indemnity nsurance Co. of North America as surety, are held and firO y bound unto the City of National City in the sum of Ten Thousand and no/100 Dollars, ($ 10,000.00 ), to be paid to the "said city or its. certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the certain proposal of the above bounden Daley Corporation grading, widening pavement and resurfacing on Roosevelt Ave. to constructbetween Main St. and 16th St; West Ave., between 16th St. and 18th St; and 16th St., between Roosevelt Ave and National Ave. Nat'l City. dated,October 21,1952, is accepted by the City of National City , and if the above bounden Daley Corp. , his heirs, executors, administrators, successors and assigns, shall duly enter into and', execute and deliver the two bonds described within ten days (not including Sunday) from the date of the mailing of a notice to the above bounden Daley Corp. by and from the said City of National City that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF. We hereunto set our hands and seals this day of ,19 -24. CITY OF NATIONAL CITY This agreement, made and concluded this ' 21st day of October , between the City of National City, party of the first part, and Daley Cnrpnrat;on Contractor, party of the second part. Article I--witnesseth, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and per— formed by the said party of the first part, and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, said party of the second pa',rt agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to complete in a good, workmanlike, and sub— stantial manner work shown on plans nu,bered GT100 and GT101 in accordance with the special provisions therefor, and also in accordance with the specifications entitled "State of California, Department of Public Works, Division 'of jighways Standard Speci— fications, July,,1940," which said spec41 provisions and standard specifications are hereby specially referre0 to and by such reference made a part hereof. Said work to be done is shown upon. the following plans: G.T.100 and G.T.101 which said plans are hereby made a part of this Contract. Article II --And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be en— countered in the rosecution of the work until its acceptance by the City of Nat'l City and for all risks of every des— cription connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work,, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and requirements of the Engineer under them, to wit: -25- Item Approxi— mate Quantity Items with Unit Price Written in Words Unit Price Total 2 5 320 2860 1850 3900 95 Cubic Yards Removing Generate at Five Dollars per cubic yard Cubic Yards Readway Excavation at One dollar and eighty—five cents -per cubic yard Tons Imported Rock Base at Three -dollars and seventy — cents per ton Tons Plant Mixed Surfacing at _ Eight dollars and ten cents ; r ton Cubic Yards Portland Cement Con— crete Curbs, Gutters, Sidwalks and Driveways at Forty—five dollars per -cubic yard $5.00 1.85 3.70. 8.10 45.00 Total $1,600.00 5,291.00 6,845.00 31,590.00 4,275.00 49,601.00 —26— ARTICLE III --The said party of the first part hereby promises and agrees with the said contractor to employ, and does hereby employ the said contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at.the time, in the manner, and upon the conditions above set forth;.and the said parties for themselves, their heirs, ex— ecutors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. • ' ARTICLE,IV--It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said contractor, then this instrument shall control and nothing herein''shall be considered as an acceptance of the said terms of said proposal conflicting here— with. In Witness Whereof, the parties to these presents have hereunto set their hands the year and date first above written. r ./„e-•›‘ CITY OF Nat /D/at/ r jai !G 7So sl it . 077