HomeMy WebLinkAboutCC RES 9310 0
RESOLUTION NO. 931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIOI4S FOR THE IMPROVEMENT OF "D"
STREET BETWEEN FIRST STREET AND LAGUNA ROAD,
F.ND AUTI:ORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE FOR BIDS.
WHEREAS, it is the 4nt.en.tion of the City Council
of the City of Tustin, California, to imp_ove "D" Street
betwoen First Street and 7,aguna Road, and
WHEREhS, the City Engineer has presented plans and
specifications for the improvement of "D" Street between
First Street and Laguna Road,
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented by the City Engineer be and are hereby
approved as the pians and specifications for the improvement
of "D" Street be'•:':en First Street and Laguna Road.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise as required by law for
the receipt of sealed bids or p:_oposals for the doing of the
work specified in the aforesaid plans and specifications which
said advertisement shall be substantially in the following
words and figures, to -wit:
"NOTICE INVITING SEALED PROPOSALS"
SEALED PROPOSALS will be received in the office of
the City Cler::, Tustin City Hall, 135 [^lest Third Street, Tustin,
California, until 11 o'clock A.M. or. the 28th day or
March , 1%8 , at which time they will be publicly
opened and read, for performing work as follows:
In the City of Tustin, or. "D" Street between First
Street and Laguna Road.
herein.
Bids are required for the entire work described
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CITY ENGINEER'S ESTIMATE
Item No. Quantity
1 1200 tons
2 12 tons
3 4 each
Description of Work
Asphalt Concrete
Asphalt Emulsion
(Paint binder & seal coat)
Adjust Manhole to Grade
The foregoing quantities are approximate only,
being given as a basis for the comparison of bids, and the
City of Tustin 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
as may be deemed necessary or advisable by the Engineer.
Plans, specifications, and proposal forms to be
used for bidding on this project can only be obtained at the
Tustin City Hall, Tustin, California.
No bid will be considered unless it is made on a
blank form furnished by the City Clerk of Tustin, California,
and is made in accordance with the provisions of the Standard
Specifications and Special Provisions.
The City of Tustin reserves the right to reject
any or all bids.
The bidder's attention is directed to the provisions
in Section 2 of the Standard Specifications for the requirements
and conditions which he must observe in the preparation of
the proposal form and the submission of the bid. Each bidder
must be licensed.
Employer payments other than those itemized herein,
as defined in Section 1773.1 of the Labor Code, are to be paid
in accordance with the terms of the collective bargaining
agreement applicable to the type or classification of the
workmen or mechanics employed on the project.
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Overtime, Sundays and Holidays - not less than one
and one-half (1#) times the basic hourly rate plus applicable
employer payments. The holidays upon which such rates shall
be paid shall be all holidays recognized in the collective
bargaining agreement applicable to the particular craft,
classification or type of workman employed on the project.
Copies of all collective bargaining agreements
relating to the work as set forth in the aforementioned Labor
Code are on file and available for inspection in the office
of the Department of Industrial Relations, Division of Labor
Statistics and Research.
Attention is directed to Section 7-1.01G of the
Standard Specifications providing for employment of apprentices
on the work. Every such apprentice shall be paid the standard
wage paid to apprentices under the regulations of the trade
at which he is employed. Information relative to employment
of apprentices shall be obtained from the Director of the
Department of Industrial Relations, who is the Administrative
Officer of the California Apprenticeship Council.
In accordance with the provisions of Section 1770
of the Labor Code of the State of California, the City Council
of the City of Tustin has ascertained the general prevailing
rate of wages applicable to the work to be done to be as follows:
Employer Payments for
Basic Rate Health &
Per Hour Classification Vacation welfare Pension
Electricians (Effective July 1, 1967 to July 1, 1968)
$ 6.55 Electrician 15G phw 1% phw
Carpenters
5.09 Carpenter 154' phw/p 266 phw/p 304' phw/p
Cement Masons (Effective May 1, 1967 to May 1, 1968)
4.84 Cement Mason 254' phw/p 254' phw/p 304' phw/p
Laborers (Effective May 1, 1967 to April 30, 1968)
4.06 Asphalt Raker & 204' phw/p 21;4' phw/p 271, phw/p
Ironer
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0
Employer Payments for
Basic Rate Health &
Per Hour Classification Vacation Welfare Pension
21'4' phw/p 274' phw/p
214' phw/p 274' phw/p
21h4' phw/p 274' phw/p
21h4 phw/p 27C phw/p
21' 4C phw/p 274 phw/p
Operating Engineers
Group I (Effective July 1, 1967 to June 30, 1968)
4.53
Laborers (Cont'd.)
and
$ 3.95
Fine Grader (Highway
& Street Paving) 204'
phw/p
3.85
Flagman 204'
phw/p
3.85
Laborer (General) 204'
phw/p
4.06
Operators and Tenders
of Pneumatic & Electric
Tools, Vibrating
man's Helper
Machines, & Similar
phw/p
304'
Mechanical Tools, not
454'
phw/p
separately class-
Group 2
ified herein 204'
phw/p
4.06
Tree Climber, Feller
4.77
& Chain Saw
Operator 204'
phw/p
21'4' phw/p 274' phw/p
214' phw/p 274' phw/p
21h4' phw/p 274' phw/p
21h4 phw/p 27C phw/p
21' 4C phw/p 274 phw/p
Operating Engineers
Group I (Effective July 1, 1967 to June 30, 1968)
4.53
Engineer, Oiler
and
Signalman
304'phw/p
304'
phw/p
454'
phw/p
4.53
Heavy Duty Repair-
man's Helper
304'
phw/p
304'
phw/p
454'
phw/p
Group 2
4.77
Concrete Mixer
Operator (Skip
Type)
306
phw/p
304'
phw/p
454'
phw/p
477
Fireman
304'
phw/p
304'
phw/p
454'
phw/p
Group 3
5.01 Equipment Greaser 304' phw/p 304' phw/p 45C phw/p
Group 4
5.12 Asphalt Plant
Fireman 304' phw/p 304 phw/p 454 phw/p
5.12 Boxman or Mixer Box
Operator (Concrete
or Asphalt Plant) 306, phw/p 300 phw/p 454' phw/p
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(Continued on Page 6)
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Employer Payments
of
Basic Rate
Health &
Per Hour
Classification Vacation
Welfare
Pension
Group 5
$5.31
Asphalt Plant
Engineer 300
phw/p
300
phw/p
450
phw/p
5.31
Concrete or Asphalt
Spreading, Mechanical
Tamping or Finishing
Machine Operator 300
phw/p
300
phw/p
450
phw/p
5.31
Heavy Duty REpair
man 300
phw/p
301,
phw/p
450
phw/p
5.31
Tractor Operator
(Bulldozer, Tamper,
Scraper & Push
Tractor) 300
phw/p
300
phw/p
450
phw/p
Group 6
5.41
Concrete Mixer Operator
(Paving or Mobile)300
phw/p
300
phw/p
450
phw/p
5.41
Crushing Plant
Engineer 300
phw/p
300
phw/p
450
phw/p
5.41
Motor Patrol
Operator (any type
or size) 300
phw/p
300
phw/p
450
phw/p
5.41
Universal Equipment
Operator (Shovel,
Backhoe, Dragline,
Derrick, Clamshell,
or Crane) 300
phw/p
300
phw/p
450
phw/p
(Continued on Page 6)
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Employer
Payments for
Basic Rate
Health
&
Per Hour
Classification
Vacation
Welfare
Pension
Teamsters (Effective
May 1,
1967
to April
30,
1968)
$ 4.50
Driver of Dump
Truck (less than
4 yards water
level)
258
phw/p
358
phw/p
208
phw/p
4.53
Driver of Dump
Truck (4 yards
but less than
8 yards water
level)
254
phi•7/p
358
phw/p
208
phw/p
4.58
Driver of Dump
Truck (8 yards
but less than
12 yards water
level)
254
phw/p
35C
phw/p
208
phw/p
4.66
Driver of Dump
Truck (12 yards,
but less than
16 yards water
level)
258
phw/p
358
phw/p
208
phw/p
4.88
Driver of Dump
Truck (16 yards,
but less than 25
yards water level)
251,
phw/p
35C
phw/p
208
phw/p
5.34
Driver of Dump
Truck (25 yards
or more water level,
Single or Combination
of vehicles excluding
trash or rubbish
trucks)
25C
phw/p
350
phw/p
208
phw/p
4.68
Driver of Road oil
spreader truck
258
phw/p
35C
phw/p
208
phw/p
4.74
Driver of Transit Mix
Truck (under 3
yards)
258
phw/p
358
phw/p
208
phw/p
4.88
Driver of Transit
Mix Truck 0 yards
or more)
258
phw/p
358
phw/p
208
phw/p
4.56
Water Truck Driver
(under 2500 gal.).
258
phw/p
358
phw/p
208
phw/p
4.68
Water Truck Driver
(2500 to 4000 gal.)
258
phw/p
358
phw/p
208
phw/p
4.80
Water Truck Driver
(4000 gallons or
more)
258
phw/p
358
phw/p
208
phw/p
(1) Travel time is
considered
as
time worked.
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To the preceding schedule shall be added the following
payment for apprenticeship:
Carpenters - (C phw/p
Cement Masons - (C phw/p
Iron Worker - 1YC phw
Operating Engineer - 1G phw/p
Abbreviations used in the foregoing schedule of
prevailing wage rates in conjunction with employer payments
listed in the right hand columns are identified as follows:
phw = per hour worked
phs/p = per hour worked or paid
Apprentices.r:-.7 be. employed in conformity with
Section 1777.5 of the Labor Code of the State of California.
Apprentice Schedule
Period and Rate
The apprentice rate is by percentage of the
journeyman's rate.
Craft Interval 1st 2nd 3rd 4th 5th 6th 7th 8th
Bricklayers 6 months 50 60 70 80 90 95
Carpenters 6 months 60 65 70 75 80 85 90 95
Cement Masons 6 months 75 79 83 87 91 95
Electricians 6 months 50 60 65 70 75 80 85 90
Iron Workers 6 months 77 83 89 95
Any classifications omitted herein shall be paid not
less than $2.60 per hour plus employer payments set forth in
the collective bargaining agreement applicable to the class
or classification of th^ work.aan or mechanic involved, as
defined in Section 1773.1 of the Labor Code.
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA
Dated:
Ruth C. Poe
City erk of the City
of Tustin, California
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That the City Council of the City of Tustin has.
ascertained and does hereby determine that the general
prevailing rate of wages and employer payments in the
locality of the City of Tustin, California, for each craft
or type of workman needed to execute the work herein above
specified is as set forth in the form of notice herein
above set forth, and said notice shall contain said schedule
of wages to be paid to the workman in said work.
PASSED AND ADOPTED bythe City Council of the City
of Tustin, California this 4th day of March 19 68 ,
14AYOR
AT
C
CITY CbZZK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex -officio Clerk of the
City Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and
foregoing Resolution was duly and regularly introduced, read,
passed and adopted at a regular meeting of the City Council
held on the 4th day of March 1968 , by the
following vote:
AYES: COUNCILMEN MACK, KLINGELHOFER, COCO, MILLER, RING
NOES: COUNCILMEN NONE
ABSENT: COUNCILMEN NONE
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR IMPROVING "D" STREET BETWEEN
FIRST STREET AND LAGUNA ROAD
IN THE CITY OF TUSTIN, CALIFORNIA
SECTION 1. SPECIFICATIONS
The work embraced herein shall be done in accordance
with the Standard Specifications of the State of California,
Department of Public Works, Division of Highways, dated July,
1964, insofar as the same may apply and in accordance with the
following Special Provisions.
Whenever in the Standard Specifications the following
terms are used, they shall be understood to mean and refer to
the following:
OF PUBLIC WORKS or DIVISION OF HIGHWAYS:
DIRECTOR OF PUBLIC WORKS: The Tustin City Engineer
ENGINEER: The Tustin City Engineer, acting either
directly or through properly authorized agents, such
agents acting within the scope of the particular
duties entrusted to them.
LABORATORY: The designated
The City of Tustin to test
in the contract.
STATE: The City of Tustin
laboratory authorized by
materials and work involved
Other terms appearing in the Standard Specifications,
the General Provision, and these Special Provisions, shall
have the intent and meaning specified in Section 1, Definitions
and Terms, of the Standard Specifications.
In case of conflict between the Standard Specifications
and these Special Provisions, these Special Provisions shall
take precedence over and be used in lieu of the conflicting
portion.
so
SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
The bidder's attention is directed to the provisions
in Section 2 of the Standard Specifications for the require-
ments and conditions which he must observe in the preparation
of the proposal form and the submission bid. The form of
Bidder's Bond mentioned in the third paragraph in Section
2-1.07 of the Standard Specifications will be found following
the signature page of the proposal annexed hereto.
SECTION 3. AWARD AND EXECUTION OF CONTRACT
The bidder's attention is directed to the provisions
in Section 3 of the Standard Specifications for the require-
ments and conditions concerning award and execution of contract.
The successful bidder, simultaneously with the execution
of the agreement will be required to furnish a labor and
materialmen bond in an amount equal to fifty percent (50%) of
the contract price, and a faithful performance bond in an amount
equal to fifty percent (50%) of the contract price; said bonds
shall be secured from a surety company satisfactory to the
Tustin City Council.
SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, AND
LIQUIDATED DAMAGES.
Attention is directed to the provisions in Section
8-1.03 "Beginning of work", to Section 8-1.06 "Time of Completion",
and to Section 8-1.07 "Liquidated Damages" of the Standard
Specifications and these Special Provisions.
The contractor shall begin work within ten (10) days
after receiving notice that the contract has been approved by
the City Attorney appointed and authorized to represent the
City of Tustin, and shall diligently prosecute the same to
completion before the expiratic.n of ten (10) working days from
date of starting work.
The contractor shall pay to the City of Tustin the
sum of One Hundred Dollars ($100) per day for each and every
calendar day's delay in finishing the work in excess of the
number of working days prescribed herein.
SECTION 5. GENERAL
5-1.01 Legal Relations and Responsibility. Reference
is made to Section 7 of the Standard Specifications. The
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provisions in Section 7-1.O1A of the Standard Specifications
are superseded by the following:
Eight hours of labor constitutes a legal day's work.
The contractor shall forfeit, as a penalty to the City of
Tustin, Ten Dollars ($10) for each workman employed in the
execution of the contract by iim or any subcontractor under
him for.each day during which any workman is required or per-
mitted to work more than eight (8) hours in violation of the
provisions of the Labor Code, and in particular, Sections 18-10
to 18-15 inclusive, except upon compensation for all hours
worked in excess of eight (8) hours per day at not less than
one and one-half (112) times the basic rate of pay as provided
in Section 18-15.
5-1.02 Highway Construction Equipment. Attention is
directed to Sections 7-1.01 and 7-1.02 of the Standard Speci-
fications.
5-1.03 Prevailing Wages. Pursuant to the provisions
of Section 1770 of the Labor Code of the State of California,
the City of Tustin has ascertained the general prevailing rate
of wages and employer payments for health and welfare, pension,
and similar purposes applicable to the work to be done. These
rates are set forth in the attached Notice Inviting Sealed
Proposals which is a part of this contract.
5-1.04 Payment. Partial payments shall be in accordance
with the provisions in Section 9-1.06 of the Standard Specifi-
cations. Ten percent (108) of each partial estimate shall be
retained by the City as specified in Section 9-1.06 of the
Standard Specifications. Final payment shall be in accordance
with the provisions in Section 9-1.07 of the Standard Specifi-
cations.
SECTION 6. FORCE ACCOUNT PAIAENT
6-1.01 Cost of Labor. Attention is directed to the
provisions in Section 9-1.03A (1-b) of the Standard Specifi-
cations. The percentage to be applied to the actual wages
paid, as defined in Section 9-1.03A (3) of the Standard
Specifications will be 16 percent.
6-2.01 Equipment Rental Rates. Attention is directed
to the provisions in Section 9-1.03A(3) of the Standard Speci-
fications. The equipment rental rates to be paid will be
based on the average rental rates of rental agencies serving
the area as specified in Section 9-1.03A(3) of the Standard
Specifications.
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SECTION 7. SUB -CONTRACTING
7-1.01 Subletting or Assigning the Contract. Attention
is directed to the provisions in Section 8-1.01 and Section
8-1.02 0£ the Standard Specifications and these Special Provisions.
No portion of the contract shall be sublet, assigned
or otherwise disposed of except with the written consent of the
City Engineer. Requests for permission to sublet, assign or
otherwise dispose of any portion of the contract shall be iri
writing, and accompanied by a showing that the organization
which will perform the work is particularly experienced and
equipped for such work. The contractor shall give assurance
that the wages paid for labor as required by these Special
Provisions shall apply to labor performed on all work sublet,
assigned or otherwise disposed of in any way. Written consent
to sublet, assign or otherwise dispose of any portion of the
contract shall not be construed to relieve the contractor of
any responsibility for the fulfillment of the contract.
SECTION 8. MATERIALS
8-1.01 General. Attention is directed to the pro-
visions in Section 6 and Section 20-2 of the Standard Specifi-
cations.
All materials required to complete the work under
this contract shall be furnished by the Contractor.
SECTION 9. DESCRIPTION OF WORK
The work to be done consists, in general of resurfacing
by placing asphalt concrete, all as shown on the plans.
SECTION 10. CONSTRUCTION DETAILS
10-1.01 Maintaining Traffic. Attention is directed
to Sections 7-1.08 and 7-1.09 of the Standard Specifications
and these Special Provisions.
All warning lights, signs, flares, barricades, and
other facilities (except City furnished and placed information
signs) for the sole convenience and direction of public traffic
shall be furnished and maintained by the contractor. All signs
shall conform to and be placed in accordance with the current
Orange County Road Department Manual of Warning Signs, Lights
and Devices for Use in work upon Highways.
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s
Full compensation for conforming to the requirements
of this article shall be considered as included in the contract
bid prices paid for the various items of work, and no additional
compensation will be allowed therefor.
No compensation for extra work will be allowed for
work performed as specified in Section 7-1.08 of the Standard
Specifications.
10-1.02 Obstructions. Attention is &irected to
Section 8-1.10 and 15 of the Standard Specifications.
10-1.03 Asphalt Concrete. Asphalt concrete shall be
Type B and shall conform to the provisions of Section 39 of the
Standard Specifications and these Special Provisions.
The penetration range of paving asphalt will be
Grade 85-100.
The amount of asphalt binder to be mixed with the
mineral aggregate shall be between 3% and 7% by weight of the
dry mineral aggregate. The exact amount of asphalt binder to
be mixed with the mineral aggregate will be determined by the
Engineer.
The provisions in Section 39-2.04A and 39-2.04B of
the Standard Specifications are superseded by the following:
At least 75%, by weight, of the material retained on
the No. 4 sieve shall have at least one fractured face as
determined by Test Method No. Calif. 205.
Aggregate grading requirements for the surface course
shall conform to the grading specified for k inch maximum (coarse
grading).
The leveling course shall be placed by means of approved
spreading devices and shall be spread and shaped with motor graders.
Rolling equipment shall conform to the provisions of
Sections 39-5.02, 39-5.03, and 39-6.03 of the Standard Specifications,
except three wheel rollers shall not be permitted and pneumatic
rollers shall be used on base courses only.
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Paint binder (tack coat) shall be mixing type
asphaltic emulsion with a bituminous base grade of 60-70
paving asphalt, except where directed by the Engineer to use
another grade.
10-1.04 Seal Coat. Seal coat shall be fog seal
and shall conform to the provisions in Section 37-1 of the
Standard Specifications.
10-1.05 Adjusting Manhole to Grade. Adjusting
manholes to grade shall conform to the provisions in Section 15
and 71 of the Standard Specifications and these Special Provisions.
The method of adjusting shall be as follows:
(a) upon completion of the paving, circular holes
shall be cut where the manholes exist.
(b) The manholes shall then be raised to the proper
grade, the manhole frames and covers replaced,
and the pavement shall be replaced with a
structural section equivalent to that existincj
in adjacent areas.
The contract unit price paid per each, for adjusting
sewer manholes to grade, shall include full compensation for
furnishing all labor, materials, tools and equipment and doing
all the work involved in adjusting the manholes as above
specified, including all excavation, backfill and replacement
of pavement sections and no additional compensation will be
allowed therefor.
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PROPOSAL TO THE CITY OF TUSTIN, CALIFORNIA
FOR THE IMPROVEMENT OF "D" STREET
BETWEEN FIRST STREET AND LAGUNA ROAD
Name of Bidder:
Business Address:
Place of Residence:
LOCATION
The work to be done and referred to herein is in the
City of Tustin, California, on "D" Street between First Street
and Laguna Road, to be constructed in accordance with the
Special Provisions and contract annexed hereto, and also in
accordance with the Standard Specifications of the State of
California, Department of Public Works, Division of Highways,
dated July, 1964.
The work to be done is shown upon a set of plans
entitled "Improvement Plans, "D" Street, First Street to
Laguna Road in the City of Tustin, California".
TO THE CITY OF TUSTIN:
The undersigned, as bidder, declares that the only
persons or parties interested in the proposal as principals
are those named herein; that this proposal is made without
collusion with any other person, firm or corporation; that he
has carefully examined the location of the proposed work,
the annexed proposed form of the contract, and the plans
therein referred to; and he proposes and agrees if this
proposal is accepted, that he will contract with the City of
Tustin, in the form of the copy of the contract annexed hereto,
to provide all necessary machinery, tools, apparatus, and
other means of construction,and to do all the work and furnish
all the materials specified in the contract, in the manner
and time prescribed, and according to the requirements of the
Engineer as therein set forth, and that he will take full pay-
ment therefor the following unit prices, to -wit:
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If this proposal shall be accepted and the under-
signed shall fail to contract as aforesaid and to give the
two bonds in the amounts to be determined as aforesaid, with
surety satisfactory to the City of Tustin, within eight days
not including Sundays and legal holidays, after the bidder
has received notice from the Tustin City Attorney that the
contract has been awarded, the City of Tustin may, at its
option, determine that the bidder has abandoned the contract,
and thereupon this proposal and the acceptance thereof shall
be null and void, and the forefeiture of such security
accompanying this _proposal shall operate and the same shall
be the property of the City of Tustin.
ACCOMPANYING THIS PROPOSAL IS
(NOTICE: Insert the words "Cash ($ )",
in the amount eaual to at
"Certified Check", or "Bidder's Bond", as the
the total bid.
"Cashier's Check
least ten percent,
case may be, of
The names of all persons interested in the 'foregoing
proposal as principals are as follows -
IMPORTANT NOTICE: If the bidder or other interested
person is a corporation, state legal name of corporation, also
names of the president, secretary, treasurer, and manager
thereof; if a co -partnership, state true name of firm, also
names of all individual co-partners composing firm; if the
bidder or other interested person is an individual, state
first and last names in full.
Licensed in accordance with an act providing for the
re-istration of Contractors, License No.
Sign here:
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Signature of Bidder
NOTE: If the bidder is a corporation, the legal name of
the corporation shall be set forth above, together with the
signature of the officer or officers authorized to sign con-
tracts on behalf of the corporation; if the bidder is a co-
partnership, the true name of the firm shall be set forth above,
together with the signature of the partner or partners
authorized to sign contracts on behalf of the co -partnership;
and if the bidder is an individual, his signature shall be
placed above. If signature is by an agent, other than an
officer of a corporation or a member of a co -partnership,
a Power of Attorney must be on file with the City of Tustin
prior to the opening of bids or submitted with the bid;
otherwise, the bid will be disregarded as irregular and
unauthorized.
BUSINESS ADDRESS:
PLACE OF RESIDENCE:
Dated: , 19
M�
4P
BIDDER BOND
CITY OF TUSTIN
STATE OF CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS,
ti
as PRINCIPAL, and
as Surety, are held and firmly bound unto the City of Tustin
hereinafter called the CITY, in the penal SUM OF TEN PERCENT
(10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above
named, submitted by said Principal to the City of Tustin for
the work described below, for the payment of which sum is law-
ful money of the United States, well and truly to be made, we
bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed
the sum of $
THE CONDITION OF THIS OBLIGATION IS SUCH
That whereas the Principal has submitted the above
mentioned bid to the City of Tustin for certain construction
specifically described as follows, for which bids are to be
opened at , California, on
(insert name of city
where bids will be opened)
(insert date of bid opening
for
copy here the exact description of work, including the location,
as it appears on the proposal)
NOW, THEREFORE, if the aforesaid Principal is awarded
the contract, and within the time and manner required under
the specifications, after the prescribed forms are presented
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40
w�
to him for signature, enters into a written contract in
the prescribed form in accordance with the bid, and files
the two bonds with the City, one to guarantee faithful
performance and the other to guarantee payment for labor
and materials, as required by law, then this obligation shall
be null and void; otherwise, it shall remain in full force
and virtue.
In the event suit is brought upon this bond by
the Obligee and judgment is recovered, the surety shall pay
all costs incurred by the Obligee in such suit, including a
reasonable attorney's fee to be fixed by the court.
IN WITNESS WHEREOF, we have hereunto set our handsl
and seals on this day of , A.D. 19_
(seal)
(seal)
(seal)
Principal
(seal)
(seal)
(seal)
Surety
ADDRESS:
Note:
Signatures of those executing for the surety
must be properly acknowledged.
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El
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
FOR IMPROVEMENT OF "D" STREET
BETWEEN FIRST STREET AND LAGUNA ROAD
This Agreement, made and concluded, in duplicate,
this day of 'one thousand nine hundred
and sixty , between the City of Tustin, California,
party of the first part, and
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 performed by the said party of the first part, and under the
conditions expressed in the two bonds, bearing date with these
presents, and hereunto annexed, the said party of the second part
agrees with 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 fur-
nished by said party of the first part necessary to construct
and complete in a good workmanlike and substantial manner and
to the satisfaction of the said party of the first part, in
accordance with the Special Provisions hereto annexed, and also
in accordance with the Standard Specifications of the State of
California-, Department of Public Works, Division of Highways,
dated July, 1964, which said Special Provisions and Standard
Specifications are hereby specially referred to and by such
reference made a part hereof.
The work to be done is shown upon a set of plans
entitled "Improvement Plans, "D" Street, First Street to Laguna
Road",in the City of Tustin, California, which said set of
plans is 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 fur-
nishing all materials and for doing all the work contemplated
and embraced in this Agreement; and also for all loss or damage
arising out of the nature of the work aforesaid, or from the
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N
action of the elements, or from any unforeseen difficulties
or obstructions which may arise or be encountered in the
prosecution of the work until its acceptance by the City of
Tustin, and for all risks of every description 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 the
requirements of Engineer under them, to -wit:
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N
SCHEDULE OF WORK ITEMS
Item
Approximate
Item with Unit Price
No.
Quantity
Written in Words
Unit
Total
1
1200
Tons asphalt concrete
At
per ton
2
12
Tons asphaltic
emulsion (paint
binder & seal coat)
At
per ton
3
4
Each adjust manhole
to grade
At
each
Total or Gross Sum Bid Written in Words:
In case of a discrepancy between words and figures., the words
shall prevail.
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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, executors,
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 herewith.
In witness whereof, the parties to these presents
have hereunto set their hands the year and the date first
above written.
Contract and Bond Approved:
City Attorney
Date
THE CITY OF TUSTIN
BY
Mayor of the City of Tustin
Attest:
City Clerk of the City of
Tustin
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N �i
AGREEMENT
This Agreement, made and entered into this
day of , 19 , by and between the City of
Tustin, a body corporate and politic, hereinafter referred to
as CITY, and , hereinafter referred
to as CONTRACTOR.
WITNESSETH:
That CITY and CONTRACTOR, for the consideration
hereinafter named mutually agree as follows:
1. The complete Contract includes all of the
Contract documents, to -wit: Resolutions of the City Council
approving the plans and specifications, advertisement for
bids, instructions to bidders, bid, general, special and
supplementary provisions, drawings, plans, specifications
this Agreement and all modifications and amendments thereto.
The Contract documents are complementary and what is called for
by any one shall be as binding as if called for by all.
2. CONTRACTOR shall perform everything required to
be performed, shall provide and furnish all the labor, materials,
necessary tools, expendable equipment, and all utility and
transportation services required for the following: Improvement
of "D" Street between First Street and Laguna Road as shown on
a set of plans entitled "Improvement Plans, "D" Street, First
Street to Laguna Road", which set of plans is hereby made a
part of this contract. CONTRACTOR agrees to do all the work
and furnish all the materials at his own cost and expense, except
such as are mentioned in the specifications as furnished by
CITY, necessary to construct and complete in a good workmanlike
and substantial manner and to the satisfaction of the City
Engineer of the City of Tustin the work hereinafter set forth
in accordance with the Special Provisions hereto annexed and
also in accordance with the State Standard Specifications of
the Department of Public Works, Division of Highways, dated
July, 1964, which are hereby made part of this Agreement as
if fully set forth herein.
3. CONTRACTOR agrees topay to any laborer or
mechanic employed by him, the prevailing rate of per diem
wages and rates for legal holidays and overtime work, all
as shown and set forth in the Notice to Contractor. The
CONTRACTOR shall as a penalty forfeit to the City Ten Dollars
($10.00) for each calendar day or portion thereof for each
workman paid less than the prevailing wage under this Contract,
by CONTRACTOR or any subcontractor under him.
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4. Eight hours constitutes a legal day's work.
CONTRACTOR shall forfeit, as a penalty to CITY, Ten Dollars
($10.00) for each workman employed in the execution of the
Contract by CONTRACTOR or any subcontractor under him for
each calendar day during which such workman is required or
permitted to work more than eight hours in any one calendar
day and 40 hours in any one calendar week in violation of
the provisions of California Labor Code, and in particular
Sections 1810.and 1815 thereof, inclusive, except that work
performed by employees of Contractors in excess of eight hours
per day, and 40 hour's during,any one week, shall be permitted
upon compensation for all: hours worked in excess of eight
hours per 'day:;at'-not less than one and one-half times the
basic rate of pay, as provided in Section 1815.
5... CONTRACTOR agrees to commence construction
of: the uiork.,provided for herein withih ten (10) days after
execution of this Agreement and to continue in a due and
diligent workmanlike manner without interruption, and to
complete construction thereof within ten (10) working days
from the date, "of execution of this Agreement.
6. CITY agrees to pay and CONTRACTOR agrees to
accept in full payment for the work above agreed to be done,
the sum of Dollars ($ )
subject to additions an deductions at the unit prices set
forth•..inCONTRACTOR'S proposal in.accordance with the Contract
documents, CITY agrees to make work progress payments in
accordance with the provisions of Section 9 of the Standard
Specifications, which sums shall be computed from the•prices
set,forth in the bid submitted by CONTRACTOR.
7. CONTRACTOR agrees to use and supply only such
unmanufactured materials as have been produced in the United
States,, and only such manufactured materials as have been
manufactured in the United States, substantially all from
materails�produced in the United States.
8. CONTRACTOR shall forfeit as a penalty to the
CITY, the sum of Ten Dollars ($10.00) for each alien knowingly
employed in the execution of the Contract, for each calendar
day or portion thereof during which such alien shall be
permitted -or required to labor in violation of Section 1853
of the California Labor Code.
9. CONTRACTOR is required to secure the payment of
compensation to his employees, in accordance with the provisions
of Section 3700 of the Labor Code.
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N
CONTRACTOR, by executing this agreement, hereby
certifies: "I am aware of the provisions of Section 3700 of
the Labor Code which requires every employer to be insured
against liability for workmen's compensation or to undertake
self-insurance in accordance with the provisions of that
Code, and I will comply with such provisions before commencing
the performance of the work of this Contract".
10. Time is of essence and as it is extremely
difficult and impracticable to determine and fix the actual
damages which CITY will sustain should CONTRACTOR fail to
complete the work called for in this Contract within the time
allowed herein, CONTRACTOR agrees that One Hundred Dollars
($100.00) per day for each day beyond the Contract term
required to complete the work is a fair and reasonable estimate
of the damages which CITY would suffer because of CONTRACTOR'S
delay and said amount shall be presumed to be the amount of
damage sustained by CITY as a result of a delay on the part
of CONTRACTOR, and therefore it is agreed by both parties hereto
that said amount per day for each day beyond the Contract
term shall be a charge against CONTRACTOR and shall be deducted
as liquidated damages due him under this Contract.
IN WITNESS WHEREOF,
unto set their hands and seals
above written.
ATTEST:
City Clerk, City of Tustin
the parties hereto have here
the day and year first herein -
CITY OF TUSTIN, a body corporate
and politic
By:
Mayor, City of Tustin
By,
Contractor
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