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HomeMy WebLinkAboutReso 1950-1102 •s S RESOLUTION NO. 1102 RESOLUTION APPROVING CONTRACT DOCUMENTS FOR CONSTRUCTION OF A CITY HALL, AND DIRECTING PUBLICATION OF ADVERTISEMENT FOR BIDS THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: That those certain cohtract documents for the construction of a City Hall, according to plans and specifications prepared by P. E. Burnham, copies of which are attached hereto and by this reference incorporated herein, be and the same are hereby approved. That Herbert V. Bryant, Administrative Officer of the City of Chula Vista, be and he is hereby authorized and directed to publish the Notice to Contractors Inviting Bids, a copy of which is attached hereto, for the time and in the manner required by law. ADOPTED, SIGNED AND APPROVED thisl4thday of ; March ,1950. Mayor of the/ ity of Chula Vista, California. APT S ∎: II1LG r L 7 .at City Clerk o ""-:r�!City of Chula Vista, Ca ''fornia. Passed and adopted by the said Council of the said City of Chula Vista, California, this 14th day of March ,1950, by the following vote, to-wit: AYES: Councilmen Riesland,Nashold,Dyson,Koester. NOES: Councilmen None. ABSENT: Councilmen None. Councilman Kidder took no -,art in the consideration of this Resolution. i y Clerk of the '° of Chula Vista, California. NOTICE TO CONTRACTORS INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Chula Vista, acting by and through the City Council of the City. of Chula Vista, hereinafter referred to as the City, will receive up to but not later than 7:00 o' clock P.M. , of the 12tbday of April ,1950, sealed bids for the award of a contract for the construction of a City Hall, on real property in the City of Chula Vista, described as a portion df Lots 13 and 14 of Quarter Section 149 of Rancho de la Nacion in the City of Chula Vista, California. ' Such bids will be received in the office of the Administrative} Officer or the Office of the City Engineer, 294 Third Avenue, Chula Vista, California , and shall be opened and publically read aloud in the Council Chambers at the above stated time and place. Each bid must conform and be responsive to this invitation, the Information for Bidders, the Specifications, the Plans, and all the other documents comprising the pertinent Contract Documents. Copies of the Contract Documents are now on file and may be obtained in the office of the City 'Engineer of said City at the above address, by depositing Twenty-five Dollars ($25.00) for each set. This deposit will be refunded if the set of Contract Documents delivered is returned in good condition within ten (10) days after the bid opening. Each bid shall be accompanied by a certified or c'ashier' s check payable to the City, or a satisfactory bid bond in favor of the City executed by the bidder as principal and a satis- factory surety company as surety, in an amount not less than 10% of the maximum amount of the bid. The check or bid bond shall be given as a guarantee that the bidder shall execute the contract if it be awarded to him in conformity with the Contract -1- Documents and shall provide the surety bond or bonds as specified therein within ten (10) days after notification of .the award of the contract to the bidder. The City reserves the right to reject any or all bids or to waive any irregularities qr informalities in any bids or in the bidding. Preference will be made in the award for California made supplies, pursuant to Sections 4330 to 4334, inclusive, Government Code. The City has determined the prevailing rate of per diem wages in the lmnidityity in which this work is to be performed . for each craft or type of workman needed to execute the con- tract, which will be awarded to the successful bidder, to be as follows; Trade or Occupation Hourly Per Diem • Wage Rate Wage Rate Laborers, General or Construction 1.57 12.56 .Operators and Tenders of pneumatic and electric tools, vibrating machines, and similar mechanical tools not separately classified herein 1.77 14.16 Guard and/or Watchman 1.57 12.56 Sandblaster (pot Tender) 1.75 14.00 Sewer Pipe Layer (Excluding Caulker) l.$7 14.96 Sewer Pipe Caulker(using caulking tools) 1.75 14.00 Sewer Pipe Caulker--Cement Joints 1.62 12.96 Window Cleaner 1.72 13 .76 Cement Finishers: • Cement Finishers 2.20 17.60 Cement Floor Finishing Machine Operator 2.32 1$. 56 Iron Workers: Reinforcing Iron Worker 2.20 17.60 Ornamental Ironworkers 2.1125 16.90 Structural Ironworkers 2.2375 17.90 Operating Engineers: Concrete or Asphalt Spreading, Mechanical Tamping or Finishing Machine Operator 2.12 16.96 Concrete Mixer Operator-skip type 2.00 16.00 Material Loader or Conveyor Operator 1.$7 14.96 Motor Patrol Operator, including any type of power blade 2.25 1$.00 Roller Operator 2.07 16.56 Tractor Operator-Bulldozer, • -2- Tamper, Scraper or Drag Type Shovel or Boom Attachments 2.12 16.96 Trenching Machine Operator 2.20 17.60 Truck Drivers: Drivers of Dump Trucks-12 yds. but less than 16 yds. water level 1.80 14..40 Drivers of Trucks-Legal payload capacity less than 6 tons 1.65 13.20 Drivers of Trucks-Legal payload ,capacity between 6 and 10 tons 1.67 13.36 Drivers of Transit-Mix Trucks-3 yds or more 2.00 16.00 Carpenters: Carpenter 2.12 16.96 Floorlayer 2.32 18.56 Millwright 2.32 18.56 Saw Filer 2.20 17.60 Table Power Saw Operator 2.20 17.60 Asbestos Workers: Asbestos Worker (heat and frost insulator) 2.50 20.00 Linoleum Layers: Linoleum Layers (Soft Tile) 2.25 18.00 Bricklayers: Bricklayer and Stone Mason 2.50 20.00 Bricklayer Tender, any capacity 1.75 14.00 Electrical Workers: Electrician, Journeyman 2.50 20.00 Lathers: Lather, Journeyman (6 hour day) 2.50 15.00 Painters: Brush, Journeyman (and building washers) 2.10 16.80 Swing stage and men working over 35' 2.25 18.00 Spray Painters 2.65 21.20 Sand Blasters 2.30 18.40 Plasterers: Plasterer, Journeyman (6 hour day) 2. 50 15.00 Plasterer Tender (6 hour day) 2.30 13.80 Plumbers and Steamfitters: Plumber Foreman 2.75 22.00 Plumber gas or lawn sprinkler fitter 2.50 20.00 Plumber lead or cement caulker 2. 50 20.00 Roofers (Slate, tile and Composition) : Roofer, Journeyman 1.90 15.20 Roofer, Foreman 2.025 16. 20 Roofer, Helper (75% of ourneyman pay for second 3 months; 66 2/3 journeyman' s pay for first 3 months) . Sheet Metal Workers: Sheet Metal Worker 2.25 18.00 Welders: Same scale as craft to which welding is incidental, any classification omitted herein not less than 1.4875 11.90 -3- • Not less than one and one-half (11/2) times the above prevailing rates of per diem wages shall be paid for overtime work performed on Sundays and legal holidays as defined in Section 10 of the California Political Code and for work per- formed in excess of eight (8) hours in any one calendar day where such overtime work is permitted by law. The foregoing schedule of per diem wages is based upon a working day of eight (8) hours. The rate for legal holiday and overtime work shall be at time and one-half. The hourly rate prescribed hereinabove is the per diem rate divided by the aforementioned number of hours constituting a working day. It shall be mandatory upon the Contractor to Whom the contract is awarded, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed by them in the execution of the contract. X Attention is called to the fact that a list of proposed = subcontractors must be submitted with the bid. Attention is further called to the fact that subcontractors with places of business located within the City of Chula Vista shall be given preference in the event their bids are lower or equal to other bidders. No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening of bids. Dated this 14thday of March ,1950. erbert V. Bryant, l : : strative Officer of the City o Chula Vista. -4- ti ew t CITY OF CHULA VISTA PROPOSAL OR BID DATE: TO THE HONORABLE CITY COUNCIL OF THE CITY OF CHULA VISTA OF THE COUNTY OF SAN DIEGO OF THE STATE OF CALIFORNIA In compliance with the Notice to Contractors Inviting Bids, a copy of which is hereto attached, the undersigned, having carefully examined the location of the proposed work, and the plans and specifications thereof prepared by P. E. Burnham, do/does hereby agree to furnish all labor and materials to complete, ready for use, in accordance with said plans and specifications, the City Hall in the City of Chula Vista, California, for the lump sum price of ($ ) . The undersigned further agrees that if he is notified of the acceptance of this proposal within thirty (30) days from the time set for the mpening of the bids he will execute and deliver to you within ten (10) days after having received written notification, a contract as called for in the notice to Contractors and to complete the contract in One hundred and Fifty (150) calendar days from and after date of executing the contract. The undersigned further agrees that the enclosed certified or cashier's check or Bidder' s Bond payable to the City Clerk of the City of Chula Vista, in the amount of Ten (10%) per cent of the total bid or bids which the undersigned has submitted shall be forfeited in case he fails to execute and deliver the contract as called for. Any alteration or addition to form of proposal, which qualifies the bid, will invalidate same. A list of proposed subcontractors is attached hereto. Contractor' s License No. , issued on 19 , has not -been revoked. Signed this day of ,1950. by Contractor Address and Telephone- Number BOND OF FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS, That I/We the Contractor in the contract hereto annexed, as principal, and AS SURETY, are , held and firmly bound unto the CITY OF CHULA VISTA, a municipal corporation, located in San Diego County, California, in the sum of DOLLARS 4 ) , lawful money of the United States, for which payment, well and truly to be made, we bind ourselves; jointly. and severally, firmly by these presents. . - Signed, sealed and dated The condition of the above obligation is that if said principal as contractor in the contract hereto annexed shall faithfully perform each and all of the conditions of said con- tract to be performed by him, and shall furnds h all tools, equipment, apparatus, facilities, transportation, labor, and material, other than material, if any, agreed to be furnished ' by the District, necessary to perform and complete, and to per- form and complete in a good and workmanlike manner, the work of-- CITY HALL IN THE CITY OF CHULA VISTA, CALIFORNIA in strict conformity with the terms and conditions set forth in the contract hereto annexed, and shall pay or cause to be paid all persons who perform labor, for, or furnish materials to, said contractor, or to any sub-contractor, in the execution of said contract, then this obligation shall be :null and void-- otherwise to remain in full force and ? fleet; and the said surety, for value received, hereby stipulates and agrees that no change, extension of time, altevation or addition to the terms -1- ac•.,. ti :i Sa . • of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. Contractor • Surety Approved as to forms' City Attorney. -2- BOND FOR MATERIAL AND LABOR KNOW ALL MEN BY THESE PRESENTS, That I/We , the Contractor in the contract hereto annexed, as principal, and AS SURETY, are held and firmly bound unto the CITY OF CHULA VISTA, a municipal corpora- tion, located in San Diego County, California, in the sum of DOLLARS ($ ) , lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. Signed, sealed and dated The condition of the above obligations is that if said principal as contractor in the contract hereto annexed, or his or its subcontractor, fails to pay for any material, provisions, provender, or other: supplies, or teams, used in, upon, for, or about the performance of the work contracted to be done by said contractor, namely to furnish all tools, equipment, apparatus, facilities, transportation, labor, and material, if any, agreed to be furnished by the City, necessary to perform and complete, and to perform and complete in a good and workmanlike manner, the work of--- CONSTRUCTING CITY HALL IN THE CITY OF CHULA VISTA, CALIFORNIA in strict conformity with the terms and conditions set forth- in the contract hereto annexed, or for any work or labor done there- on of any kind, said surety will pay the same in an amount not exceeding the sum hereinabove set forth, and also in case suit is brought upon this bond, a reasonable attorney' s fee to be fixed by the Courts. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under and by virtue of the provisions of an act of the Legislature of the State of California entitled, "An Act to secure tIB payment of the claims of persons employed by contractors upon public works, and the claims of persons who furnish materials, supplies, teams, implements or machinerk used or consumed by such contractors in the performance of such works, and prescribing the duties of certain public officers with respect thereto", approved May 10th, 1919, as amended; and the said surety, for value received, hereby stipulates and agrees that no change, extension of time,' alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the contractoor to the work or to the specifications. -1- . . .Cantrantnr Snraty AGREEM-ENT THIS AGREEMENT, made and entered into this day of , 1950, by and between the CITY OF CHULA VISTA, State of California, hereinafter called the OWNER, and hereinafter called the CONTRACTOR; the City Council is hereinafter called the COUNCIL. WITNESSETH FIRST: That the CONTRACTOR, in consideration of the promises of the 0,7NE+R here- inafter set forth, hereby agrees to furnish all tools, equipment, labor and material (except as provided in the specifications hereinafter referred to) , necessary to per- form and complete in a good and workmanlike manner, within one hundred fifty (150) days from and after the date of this contract, the work of completing, constructing and erecting complete and ready for use: THE CITY HALL IN THE CITY OF CHULA VISTA, CALIFORNIA, according to the plans and specifications thereof: prepared by P. E. Burnham, which said plans and specifications, together with the Notice to Contractors Inviting Bids heretofore published, are hereby referred to and made a part of this contract and specifically incorporated herein. SECOND: That it is agreed that said tools, equipment, labor and material shall be furnished, and said work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of the Owner. THIRD: That it is further agreed that in the event that said Contractor fails to furnish tools, equipment, labor and materials in the necessary quantity or quality, or fails to prosecute the work contemplated by this contract in a diligent and work- manlike manner, the said Engineer may so certify to the Owner, and if thereafter said Contractor, for a period of five days after receipt of written demand from the Owner so to do, fails to furnish tools, equipment, labor and materials in the necessary quantity and quality, and to prosecute said work in a diligent and workmanlike manner, or after commencing so to do, within said five days or at any time thereafter fails to continue so to do, then the Owner may exclude the Contractor from the premises and take possession thereof, together with all material and equipment thereon, and may complete the work contemplated by this contract, either by furnishing the tools, equipment, labor or materials necessary therefor, or by letting the unfinished portion of the said work to the lowest responsible bidder therefor, or by a combination of such methods. In any event, the procuring of the completion of said work shall be a charge against the Contractor and may be deducted from any money due or becoming due - 1 - from the Owner, ana it tne-°-sums aue under tau conyKuuu uc tor shall pay to said Owner the amount of said charge or the portion thereof unsatis- fied. If the Contractor uses any material or supplies or any tools or equipment belong- ing to the City of Chula Vista or any department thereof, other than that provided for in said specifications, the reasonable value of such materials or supplies or the rental values of said tools or equipment while in the possession of said Contractor shall be paid to said Owner by said Contractor, and may be deducted from any sum or sums due or to become due to said Contractor under this contract. The value of such material or supplies and the amount of rental of such tools or equipment and all damage thereto as aforesaid shall be determined by the said City Engineer, whose written decision shall be final. FOURTH: That this contract shall not be assigned without the consent of the Owner first given, such consent to be either in writing duly authorized or by resolu- tion entered on the minutes of the City Council of Chula Vista, California. Ftr'1'H: That the Contractor agrees to save, keep and bear harmless the Owner and all officers and agents thereof from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property or of personal injury received by reason of or in the course of performing said work, which may be occasioned by any negligent act or omission to act which amounts to negligence upon the part of the Contractor or any of his employees, or any subcontractor performing any of the work contemplated by this contract, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corpora- tion in consequence of the use in or about the said work of any article or material supplied or installed under this contract; and it is further agreed that the Owner shall not be liable or responsible for any accident, loss or damage happening to the works referred to in this contract prior to the completion and acceptance of the same. SIXTH: That it is further agreed that no laborer, workman or mechanic in the employ or under the direction or control of the Contractor or any subcontractor doing or contracting to do any part of the work contemplated by this contract shall be re- quired or permitted to labor more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life, or property; and it is further agreed that the said Contractor shall forfeit to the City of Chula Vista the sum of Ten Dollars (` 10.00) for each laborer, workman or mechanic employed by him or by any subcontractor under him in the execution of this contract for each and every calendar day during which such laborer, workman or mechanic.is required or permitted to labor more than eight hours in violation of the provisions of Sections 1810 to 1817, inclusive, of the Labor Code of California. • SEVENTH: It is agreed that the Contractor or subcontractor doing or contracting to do any part of the work contemplated by. this contract shall not knowingly employ on said work any alien except in cases of extraordinary emergency caused by fire, flood, or danger to life or property, and it is further agreed that the Contractor shall forfeit to the City of Chula Vista the sum of Ten Dollars M040) for each alien employed by him or by any' subcontractor under him in the execution of this contract for each and every calendar day or portion thereof during which said alien is knowingly employed or caused or allowed to be employed. The Contractor further agrees to be bound by and to comply with all of the other provisions of Sections 1850 to 1854, inclusive, of the Labor Code of California. EIGHTH: The rates heretofore published in the Notice to Contractors Inviting Bids have been ascertained by the Council to be the general prevailing rates of per: diem wages for the work contemplated by this Contract, said Notice to Contractors Inviting Bids being by this reference incorporated herein. Pursuant to the provisions of Sections 1770 to 1777, inclusive, of the Labor Code of the State of California, the City Council has ascertained the general prevail- ing rate of per diem wages, and the prevailing rate for Saturday, Sunday, Legal Holi- day and overtime work, for each craft or type of workmen needed to execute the pro- posed contract, and has adopted a wage schedule, and it will be required that not less than said rates be paid to all such work. NINTH: The Contractor further agrees to comply with Section 1735 of the Labor, Codd of California, relating to no "Discrimination in employment", and with all other provisions of the Labor Code of California applicable to Public Works. Section 1735 reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons, and every Contractor for public works violating this section is sub- ject to all the penalties imposed for a violation of this chapter." TENTH: It is agreed that, in accordance with Chapter 4, Division 5, Title 1, Government Code of California, only such unmanufactured articles, materials, and supplies as having been 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 :paned, produced, or so menu- . factured, as the case may be, in the United States, shall be used in the performance of this contract. The references to the United States herein shall be construed to mean the United States of merica and include any territory or insular possession thereof. - 3 - ELEVENTH: That it is further agreed that the Contractor has filed herewith a good and sufficient bond in the sum of not less than one-half of the amount payable by the terms of this Contract to secure the claims of materialmen, mechanics, and laborers employed by him in the performance of this contract, and any and all amend- ments thereof, and a bond in an amount of not less than one-half of the amount pay- able by the terms of this contract for the faithful performance of the terms and con- ditions of this contract, and any and all amendments thereof; and said Contractor agrees that should the sureties on said bonds, or either of them, become insufficient, said Contractor will renew said bond or bonds with good and sufficient sureties within ten days after receiving notice from the owner that said sureties in its opinion are insufficient, and for a failure so to do the County may declare this contract for- feited. TWELTH: That the Owner agrees, in consideration of the performance of this con- tract, to pay to said Contractor, and the,Contractor agrees to accept in full satin= faction for the work done hereunder, the following amount: The Owner agrees to pay, and the Contractor agrees to accept in full payment for the work agreed to be done, the sum of Dollars ( ; ) ,. which sum is to be paid according to the following schedule, and subject to additions and deductions, if any, hereinafter provided. On or about the first day of the month next following the commencement of the work, there shall be paid said Contractor a sum equal to ninety per cent (90%) of the . value of the work completed since the commencement of the work, and thereafter on or about the first day of each successive month as the work progresses similar payments shall be made equal to ninety per cent (90%) of the value of the work completed -since the commencement of the work, less all previous payr-:eats. The final payment, if un- encumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work by the owner and after recordation of a Notice of Completion. Said payments shall be made by demands drawn in the manner required by law, accompanied by a certificate signed by the City Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payment on the contract price shall not be considered as an accep- tance of any part of the work. It is further agreed by and between the parties hereto, including the surety or sureties on the bonds attached to this contract, that in the event it is deemed neces- sary to extend the time of completion of the work contemplated to be done under this N contract, said extension may be granted by the Council and shall in no way affect the validity of this contract or release the surety or sureties on the bonds attached hereto. THIRTEENTH: Time is of the essence of this contract' and if the Contractor fails to complete the work required by this contract within the time herein fixed, the Con- tractor shall become liable to, and shall pay the Owner all costs of additional super- , vision or inspection as shall be caused by the failure of the Contractor to complete the work within the time herein specified. IN 'FITNESS h PEOF, the said Owner has executed these presents by causing them to be subscribed by the Mayor of Chula Vista and the seal of said City to be affixed and attested by the Clerk thereof, and said Contractor has executed these presents the day and year first above written. CITY OF CHULA VISTA, CALIFORNIA by Mayor of the City of Chula Vista by Contractor. ATTEST: HERBERT V. BRYANT, City Clerk. By •