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HomeMy WebLinkAboutCC RES 768RESOLUTION NO. 768 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF HOLT AVENUE BETWEEN NEWPORT AVENUE AND 344 FEET NORTHERLY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS, WHEREAS, it is the intention of the. City Council of the City of Tustin to make certain lmprovements on Holt Avenue; and WHEREAS, the Clty Engineer has presented plans and specifications for the proposed improvements of Holt Avenue, between Newport Avenue and 34~.feet Northerly; NOW THEREFORE~ be it resolved that the 'plans ~nd specifications presented by the City Engineer be and are hereby approved as the plans and speciflcat~ions for the Improvement of Holt Avenue between Newport Avenue and 344 feet Northerly; BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed, to advert i'se as requi'.red by l~.w for the receipt of sealed blds or proposals for the doing of the work specified in the aforesaid Plsns and speclfica~tlons, which said advertisement shall be substantially in the following words and figures., to-wit: "NOTICE INVITING' SEALED PROPOSALS" SEALED PROPOSALS will be received at the office of the CITY CLERK, .Tustln City Hall, 13~ West Third Street, Tustin, C~lifornia, until 11 O'clock, A.M., on the 1st day of Aprll, 1965, at which time they will be Dubllc!y opened and read, for performing work as follows:.' Clty of Tustin, on Holt Avenue between Newport Avenue and feet Northerly, to be graded and paved with asphaltic concret~· on aggregate base, and concrete curb and gutter. Blds are required for the entire work described herein. CITY ENGINEER'S ESTIMATE .Item No. 3. Item No. ~. Item No. ~. Item No. 6. Item No. ?. Item No. 8. Item No. 1. Lump Sum Roadway Excavation Item No. 2. 1200 Tons Aggregate Base 2 Tons Llquld asphalt (SC-2~0 Prlme coat) 310 Tons Asphalt concrete 1 Ton Asphalt emulsion (seal cost) 58 Cubic yards Class B concrete (Curbs, etc.) ? Cubic yards Class A concrete (minor structures) 46 Linear feet 2~" reinforced concrete pipe (Class III) Item No. 9. Lump Sum Concrete Removal The foregoin~ quantities are approximate only, beihg ~1ven as a basis for the comparison of blds, and the Clty of Tustln does not, expressly"'or by implication, agree that the actual amount of work wlll 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 deemend necessary or advisable by the Engineer. Plans, specifications, and proposal forms to be used for bidding on this pro~ject can only be obtained at the Tustin City Hall, Tustin, Callfornia. No bid will be considered unle'ss 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 St~ndsrd Speclflcations 8nd Speclal Provisions. Each bidder must be · licensed and also preG..ualified as required by law. 92 The City of Tustin reserves the or all bi'ds, right to reject any Abbreviations used in the sc. hedule wage rates _~n conjunction with· . employer in the rlght hand column are ldentlfled ~f predetermined ~aymemt s listed as follows: phw per hour per hour .worked per hour worked or osid Employer pa,yments other than those itemized below, as defined in Section 1775,1 of the Labor Code, are to be paid in accordance wi. th' the terms of the collective bargaining agreement appli0able to the type or classification of the 'workmen or mechanics employed on the project. Overtime, Sundays, and Holidays--not less than one and one-half (1-1/2) times the.'basic hourly rate plus applicable employer payments., The, holidays ,upon which such rates shall be p8id shall be all ?~olidays 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 tn the offlce of the Department of Industrial' Relations, Di'vislon of Labor Statistics and Research. Attention is directed to Section ?-i.01G of' the Standard Specifications providing for the 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,.Ind, ustr~al Relations, who is the Administrative Officer of the California Apprent icesMip Council, Pursuant to the prov. i'slons of Section 1770 of the Labor Code of the State of. California, the City Council of the City ~f Tustin has ascertained the general prevailing rate of wages s.nd employer payments for h.~.~alth and welfare and pension and similar purposes in which the work is to be' done to be. as follows: Basic rate Employer payments for pe..r.h.our ... Classifica6ion H and W P~nsio_~ ~,81 Asphalt or crushing plant engineer 1~ phw/P ~1~¢ phw/p ~.62 Asphalt plant fireman l~'phw/p 15~ phw/p 3.?1 Asphalt raker and ironer 12½~ phw/p %0~ phw/p ~.62 Boxman or mlxer box operator '. (concrete or .asphalt plant,) 1~¢ phw/p 15~ phw/p Concrete or asphalt spreading, mechanical tamping or finishing machine operator Driver of dump truck (less than ~ yards water level) 4.81 4.13 Driver of but less level) 4.18 Driver of but less level) 4.26 Driver of but less level) ~.~8 Driver of 4.03 4.51 dump truck (4 yards than 8 yards water dump truck (8 yards than 12 yards' water dump truck (12 'yards than 16 yards water dump truck (16 ysrds or more water level) Engineer, oiler and Equipment greaser signalman, 15¢ phw/p~, 15¢ phw/p 15¢ phw/p 15~ phw/p 15~ phw/p 15~ phw/p 15~ phw/p 15¢ phw/p 15~ phw/p 15~ phw/p 15~ phw/p 15~ phw/p 15g phw/p 15¢ phw/p 15¢ phw/p Basic rate pe,r,,,, ,hour _~ Classification Employer payments for' H and W Pension 3.60 4.27 3.50 4.81 .03 3.50 4.91 4.81 4.16 4.28 4.40 Fine grader (Highway and street · ps vlng ) Fi.reman Flagman Heavy duty repairman Heavy duty repairman's helper Laborer (gener. al or construction) Motor patrol operator (any type or size) Tractor o'oerator (Bulldozer, tamper, scraper, and push tractor) phw/p :L2½¢ nw/p 15,~ phw/p Water truck driver (under 2500 Eals)lS~ phw/p Water truck driver (2500 gals to 4000 gal) 15¢ phw/p Water truck driver (4000 gals and ov e r ) · 15 ~ phw/p pnw/ 10 %~. phw/p ph'w/p 15¢ phw/p By order of the City Council of the City of Tustin, California. Dated this Ist day of March', 1965. Clerk of the c~y o~ T~stln, Cal'~l~'~'i~' · That the City Council of the City o.f Tustin has ascertained. and does hereby determine that the general prevailing rate of wages and employer payments in th~ 'locality of the City of Tustin, California, for each craft or type of workman needed, to execute the work hereinabove specified is as set. forth .in the form 'of notice hereinabove set forth, and said notice shall contain said schedule of wages to. be paid to the workman in said work. PASSED AND ADOPTED by the City Council of the City of Tustin, California, this 1st day of March, 1965. MAYOR ............ ATTEST: .... C-ITY ~L~RK ~ ....... ~ - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS. I,.,. RUTH ,C'. ,POE , ~, City Clerk of the City of Tustin, do hereby certify that the foregoing Resolution was duly pss'sed and adopted by the City Council of the City of Tustin at' its regular meeting held on the 1st day of March, 1965, by the following vote, to-wit: AYES: NOES: ABSENT:' TRUSTEES _MAC. K, .... KL. INGEL. H. OF. ER, ..... COCO..,...MILLER, ..RI_NS .... TRUSTEES None .... TRUSTEES - ~No~e ........................................ .... ,ill . . ,, .. . +~ CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR CONSTRUCTION ON HOLT AVENUE BETWEEN NEWPORT AVENUE AND 344 FEET NORTHERLY, 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: Department of Public Works or Division of Highways-- THE TUSTIN CITY COUNCIL. Director of Public Works--THE TUSTIN CITY ENGIlJEER. 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 LABORATORY authorized by the City of Tustin to test materials and work involved in the contract. State--THE CITY OF TUSTIN Other terms appearing in the Standard Specifications, the General Provisions, and these Special Provisions, shall have the intent and meaning specified i.n 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 portions. 5• '~,~ t^ .` ~r+-" SECTION 2. PRAPOSAL REQUIREMENTS AND CONDITIONS - --I__.....`A The bidders' 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 bid. The form of Bidders 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 i~,ND EXECUTIOy GF CONTRACT The bidders• attention is directed to the provisions in Section 3 of the Standard Specifications for the requirements and conditions concerning award and execution of contract. The successful bidder, simultaneously with the execution of the agree- ment will be required to furnish a labor and materialmen bond in an amount equal to fifty percent (50p) of the contract price, and a faithful performance bond in an amount equal to fifty percent (50;x) of the contract price; said bonds shall be secured from a surety company satisfactory to the Tustin City Council. SECTION 4. BEGINNING OF WORK, TIl~IE OF COI~g'LETION 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 15 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 expiration of twenty-fine (25) working days from date of starting work. The Contractor shall pay to the City of Tustin the sum of Ten (10) Dollars per day for each and every calendar days delay in finishing the work in excess of the number of working days prescribed herein. SECTION 5. G ER~AL 5-1.01 LEGAL RELATIONS AND RESPONSIBILITY -Reference is made to Section 7 of the Standard Specifications. ~-1.02 HIGHWAY CONSTRUCTION EQUIPMENT - Attention is directed to Sections ?-1.01 and 7-1.02 of the Standard Specifications.. 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. 6. ~... ~. SECTION 6. MEASURII~aiT AND PAXM~IT 6-1.01 GENERAL -.Attention is directed to Section 4 of the Standard Specifications which includes procedures for determination of payments, compensation for extra work by force account, partial payments, and final payments. 6-1.02 EICTRA WORK - Extra work, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided and as provided in Section 4-1.03D of the Standard Specifications. Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and the Engineer; or by force account as pro- vided for in Section 9-1.03 of the Standard Specifications. The Contractor shall furnish the Engineer report sheets in duplicate of each day's extra work and extra work paid for by force account no later than the working day following the performance of said work. After comparison with the Engineer's records, any necessary adjustments are to be made and agreed upon. When these reports are agreed upon and signed by both parties they shall become the basis of payment for the work performed. SECTION 7. SUBCONTRACTING ._._, ,_ 7-1.01 SUBLETTING - Attention is directed to Section 8 1.01 of the Standard Specifications which provides that the Contractor shall give his personal attention to the fulfillment of the contraat and shall keep the work ~:xler his control. No subcontractor will be recognised as such, and all persons engaged in the work of aonstructior3 will be considered as employees of the Contractor. SECTION 8. MATERIAIS ~~_ 8-1.01 GENERAL - Attention is directed to the provisions in Section 6 of the Standard Specifications. 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 excavating, grading and placing asphalt concrete on aggregate base, and concrete curb and gutter,~gll as shown on the plans. 7. ~., ,,, ~. ,1 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. In connection with the above sections of the Standard Specifications, the Contractor is hereby notified that all stop signs and street signs, and all warning lights, signs, barricades, flagmen, or other devices necessary to provide for the safety and convenience of public traffic shall be furnished and maintained by the Contractor at his own expense. No compensation for extra work will be allowed for work performed as noted in Section 7-1.08 of the Standard Specifications. 10-1.02 OBSTRUCTIONS - Attention is directed to Sections 8-1.10 and 15 of the Standard. Specifications. 10-1.03 CLEARIIJG AND GRUBBING - Clearing and grubbing shall conform to the provisions in Section 16 of the Standard. Specifications. 10-1.04 WATERING - Furnishing and applying water shall conform to the provisions in Section 17 of the Standard Specifications and these Special Provisions. Full compensation for furnishing and applying water shall be considered as included in other items of work and no additional compensation shall be allowed therefor. 10-1.05 EARTH410RK - Earthwork shall conform to the provisions in Section 19 of the Standard Specifications and these Special Provisions. The provisions of Section 19-5.02 of the Standard Specifications are superseded by the following: After excavation has been made to subgrade and prior to the placing aggregate base, the original ground shall be compacted to a relative compaction of not less than 90 percent for a depth of not less than 0.5 feet. Surplus excavation shall be disposed of outside the highway right of way as provided in Section 7-1.13 of the Standard Specifications. The lump sum price paid for roadway excavation shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing the roadway excavation as shown on the plans, and as specified in the Standard Specificatic-- and these Special Provisions, and as directed by the Engineer, .including the removal and disposal of surplus excavation. 8. G 10-1.06 FINISHING ROADWAY - Finishing roadway shall conform to the provisions in Section 22 of the Standard Specifications. 10-1.07 AGGREGATE BASE - Class 2 aggregate base shall conform to the provisions in Section 26 of the Standard Specifications and these Special Provisions. At least 75 percent, be weight, of the material retained on the No. 4 sieve shall be crushed as determined by Test Method No. Calif. 205. Aggregate base material shall be spread upon prepared sub-grade by means of approved spreading devices which will deposit a uniform windrow or layer, and after spreading as above specified, the material shall be shaped to the requirements of Section 26 of the Standard Specifications. A motor grader may be used for the aforementioned shaping. 10-1.08 LIf~UID ASPHALTS - Liquid asphalts shall conform to the provisions in Section 93 of the Standard Specifications. 10-1.09 ASPHALT CONCRETE - Asphalt concrete shall be Type B and shall conform to the provisions in Section 39 of the Standard Specifications and these Special Provisions. The penetration range of paving asphalt shall be determined by the Engineer. The amount of asphalt binder to be mixed with the mineral aggregate shall be between 3 percent and 7 percent 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 requirements of the ninth paragraph in Section 39-3.04A of the Standard Specifications will not apply. Full compensation for all labor, materials, tools, equipment, and incidentals, and for dying all the work involved in placing asphalt dikes shall be considered as included in the contract price paid per ton for asphalt concrete ar~d no additional compensation shall be allowed therefor. 10-1.10 CONCRETE CURBS, ETC. - Portland cement concrete curbs, local depressions, driveways, sidewalks and cross-gutters shall conform to the pro- visions in Section 73 of the Standard Specifications. 9. 10-1.11 REMOVING CONCRETE - Removing concrete shall conform to the provisions in Section 15-3 of the Standard Specifications and these Special Provisions. Full compensation for all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing the existing 24" R.C.P. and plugging and abandoning the existing 36" R.C.P. shall be considered as included in the lump sum price paid for concrete removal and no additional compensation will be allowed therefor. Concrete removed shall be disposed of outside the highway right of way in accordance with the provisions in .Section 7-1.13 of the Standard Specifica- tions. 10-1.12 CONCRETE STRUCTURES - Portland cement concrete structures shall conform to the provisions in Section 51 of the Standard Specifications and these Special Provisions. All concrete structures shall be considered minor structures. Miscellaneous iron and steel shall conform to the provisions in Section 70 of the Standard Specifications, except full compensation for furnishing and placing said miscellaneous iron and steel shall be considered as included in the price paid per cubic yard for concrete structures. 10-1.13 REINFORCID CONCRETE PIPE - Reinforced concrete pipe shall conform to the provisions in Section 65 of the Standard Specifications and these Special Provisions. Full compensation for all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing all necessary structure excavation, structure backfill and connecting reinforced concrete pipe into existing reinforced concrete box culvert shall be considered as included in the contract price paid per linear foot for reinforced concrete pipe and no additional compensation will be allowed therefor. 10. ~~ ~%' ,~ PROPOSAL TO THE CITY OF TUSTIN, CALIFORNIA FOR CONSTRUCTION OF HOLT AVENUE IN THE CITY OF TUSTIN, CALIFORNIA BETWEEN NEWPORT AVENUE AND 344 FEET NORTHERLY 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 Holt Avenue between Newport Avenue and 344 feet Northerly, 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 ';Plan and Profile for the Improvement of Holt Avenue between Newport Avenue and 344 feet Northerly, in the City of Tustin, Orange County, California. TO THE CITY OF TUSTIN The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm ar corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposed 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 contra~+ in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take full payment therefor the following unit prices, to-wit: 11. .: Item Approximate Item with unit price written Unit Total Quantity in words 1 Lump Roadway Excavation Sum lump sum 2 1200 Tons aggregate base at per ton 3 2 Tons liquid asphalt (SC-250 prime coat) at per ton 4 310 Tons asphalt concrete at per ton 5 1 Ton asphalt emulsion (seal coat} at per ton 6 38 Cubic yards Class B concrete (curbs, etc) at Cu. yd. 7 7 Cubic yards Class A concrete (minor structures) at per cu. yd. 8 46 Linear feet 24" reinforced concrete pipe (Class III) at per lin. ft. 9 Lump Concrete removal t Sum lump sum Total In case of a discrepancy between words and figures, the words shall prevail. 12. Tf this proposal shall be accepted and the undersigned 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 fromri the Tuatiri City Attorney that the contract has been awarded, the City of Tustin may, at its option, determine that the bidder has abandoned.tbe.corttract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forefeiture of such security accompanying tY~is proposal shall operate and the same shall be the property of the City of Tustin. Accompanying this proposal. is (NOTICE; Insert the words ''Cash ($ )'~ , '~Cashier° s Check', in the amount equal to at least ten percent 'Certified Check", or ''Bidder°s Bond', as the case may be of the total bid.) The names of all persons interested in the foregoing proposal as principals are as follows: INIPORTA~IVT NOT., ICE: 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. r Licensed in accordance with an act providing for the registration of Contractors, License No. SIGN HERE: 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 contracts 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 sigmature shall be placed above. If signature is by an agent other than an officer of a co~.poration 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 Datod , 19~ 13. BIDDES•S BOND City of Tustin State of California KPlOYJ ALL ANN BY THESE PRESENTS, That we , as PRINCIPAL, and as Surety, are held and firmly bound unto the City of Tustin, hereinafter called the City, in the penal sum of TETJ 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 lawful 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 to the City of Tustin for certain follows, for which bids are to be has submitted construction opened at _, California, on Insert name of City where Insert date of bid opening) Bids will be opened) for _ .Copy here the exact description of work, including the location, as it appears on the proposal) the above-mentioned bid specifically described as 14. BIDDERS BOND (Contd) NOI~7, THEREFORE, if the aforeasid Principal is awarded the contrast, and Within the time and manner required under the speoificationa, after the prescribed forms are presented to him for signature, enters into a written oontraot, in the presoribed form in accordsnce With the bid, and files the two bonds with the City, one to guarantee faithful perforsanoe 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 foroe and virtue. In the event suit is brought upon this bond by the Obligee and ~udgaoent is recrnrered, 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 YTITNESS 1rJHERDOF we have hereunto set our hands and seals on this day of , A.D. 19~_. (Seal) (Seal) -(Seal) Principal (Seal) (Seal) (Seal) Surety NOTE: Signatures of those exeouting for the surety must be properly acknowledged. 15. CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CONTRACT FOR CONSTRUCTION OF HOLT AVENUE BETt~JEEN NE47PORT AVENUE AND 344 FEET NORTHERLY THIS AGREIILiENT, 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 1.- ti~itnesseth, 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 even 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 specifica- tions to be furnished by said party of the first part mecessary to construct and complete in a good worlunanlike 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 6dorks, 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 "Plan and Profile for the Improvement of Holt Avenue between Newport Avenue and 344 feet Northerly, in the City of Tustin, Orange County, California", ?~:'~ich said set of plans is hereby made a part of this contract. 16. ~.•,. ARTICLE II..--And the sAid Cont~acto~r agrees to receive and accept the following :prices as full compensation for ~`itirnishifig all materials and for doing all the work contemplated and embraced i~ t?fis agreement; and also for all loss or damage, arising out of the nature o~ the viork aforesaid, or from the 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 ever. description connected with the work; also for all expenses incurred by or i~:, consequence of the suspension or discontinuance of work and for well and faithfully ca~npleting the work, and the whole thereof, in the manner a.1d according to the plans and specifications, acid the requirements of the Engineer under then, to-wit: Item Approximate Item with unit price written Unit ° Total Quantity in words 1 Lump Sum Roadway Excavation lump sum 2 1200 Tons aggregate base at per ton 3 2 Tons liquid asphalt (SC-250. prime coat) at per ton 4 310 Tons asphalt-concrete at per ton 5 1 Ton asphalt emulsion (seal coat) at per ton 6 38 Cubic yards Class B concrete (curbs, etc) at per cu.yd. 7 7 Cubic yards Class A concrete (minor structures) at per cu.yd. 8 46 Linear feet 24" reinforced concrete pipe (Class III) at per lin.ft. 9 Lump Sum Concrete removal lump sum Total 17. ~ ~"'~ 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 arty conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instruument 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. THE CITY OF TUSTIN By Mayor of City of Tustin Attest: Clerk of City of Tustin Contract and Bond Approved City Attorney Date 18.