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CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
SPECT11, PROVISIONS
PROPOSAL AND CONTRACT
FOR PLACING SLURRY SEAL COAT ON
PORTIOITS OF
FIRST STREET AND °iD" STREET
April, 1964
Telephone: 544-8890
RESOLUTION NO. �4
•
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING
SPECIFICATIONS FOR PLACING SLURRY SEi.L COAT ON PORTIONS OF FIRST
STREET AND ''D" STREET 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 pl:,.co.a Slurry Seal Coat on portions of First Street and "D" Street, and
WHEREAS, the City Engineer has presented specifications for the proposed
slurry seal coat on portions of First Street and ''D" Street.
-NOW, THEREFORE, be it resolved that the specifications presented by
the City Engineer be and are hereby approved as the specifications for
placing slurry seal coat on portions of First Street and "D" Street.
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 proposals for the doing of the work specified in the aforesaid specifi-
cations, which said advertisement shall be substantially in the following
words and figures, to -wit:
"NOTICE INVITING SEALED PROPOSALS"
In pursuance of a resolution of the City Council of the City of Tustin,
Orange County, California, adopted directing this notice, NOTICE IS HEREBY
GIVEN that sealed proposals will be received at the Tustin City Hall, 135
West Third Street, Tustin, California, until 7:30 o'clock P.M., on the
IS ' day of , 1964, at which time they will be opened
and read aloud in the Coun it Chambors, for the repair of city streets in
accordance with the specifications therefore, to which special reference
is made, as follows:
In the City of Tustin, on First Street from Tustin Avenue to "D" Street
and on "D` Street from First Street to Laguna Road, pavement is to be
covered with a Slurry Seal Coat.
Bids are required for the entire work described herein.
i CITY ENGINEER'S ESTIMATE
Item No. 1. 210 Tons Slurry Seal
The foregoing quantity is 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 there-
with, but reserves the right to increase or decrease the amount of any
- 1 -
0
portion of the work, or to omit portions of the work, as may be deemed
rocessary or advisable by the Engineer.
Specifications and proposal forms to be used for bidding on the 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
t::e provisions of the Standard Specifications and special provisions.
Each bidder must be licensed and also prequalified as required by law.
The City of Tustin reserves the right to reject any or all bids.
Employer payments other than those itemized below, 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.
Overtime, Sundays arra Holidays --- not less than one and one-half (11)
times the basic hourly rate plus applicable employer payments. The holidays
upon which such rates shall be paid shall be all hplidays recognized in the
collective bargaining agreement applicable to the particular craft, classi-
fication or type of workman employed on the project.
Copies of all collective bargaining agreements relating to the work as
sct forth in the aforementioned Labor Code are on file and available for
inspection in the office of the Department of Industrial Relations, Division
of Lalo: Statistics and Research.
Attention is directed to Section 7-1.01G 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
:agulations of the trade at which he is employed. Information relative to
cm-ploymcnt of apprentices shall be obtained from the Director of the
Dopartmont of Industrial Relations, who is the Administrative Officer of
the California Apprenticeship Council.
Pursuant to 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 in which the work is to be done
to be as follows:
Basic Rate per Hour Classification
$3.655 Air Compressor, pump or generator operator
3.72 Driver of Dump Truck (less than 4 yards water level)
4.435 Pavement breaker operator
4.135 Power concrete saw operator
4.435 Skiploader operator, wheel type over 3/4 yard up
to and including 1f yards
3.36 Flagman
3.36 Laborer
- 2 -
By order of the City Council of the City of Tustin, California
Dated this ,I/ `$7 day of Jasn r , l , 1964•
Clerk of he City of Tustin,
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 hereinabove specified
is as set forth in the form of notice horeinabove set forth, and said notice
shall contain said schedule of wages to be paid to the workmen in said
work.
PASSED AND ADOPTED by the City Council of the City of Tustin, California,
this! day of 1964.
ayor
ATTEST
�c ity rk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN ) SS
City Clerk of the City of Tustin, do
hereby co '£y that the foregoing resolution was duly and regularly passed
and adopted by the City Council of the City of Tustin at its regular _ Qdjo .-rQA
meeting held on the i day of '9 zv,-, �_, 1964, by
the following veto, to -wit:
AYES:
NOES: TRUSTEES iD r
ABSENT: TRUSTEES hl n n-9—
— 3 —
(�
ity Clerk
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR SLURRY SEAL COAT ON FIRST STREET FROM TUSTIN
AVENUE TO "D" STREET AND ON "D" STREET FROM FIRST
STREET TO LAGUNA ROAD IN 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 January, 19609 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 followings
Department of Public Works or Division of Highways---TUSTIN CITY COUNCIL
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 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 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 portions.
SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
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 bid.
The form of the 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 requirements and conditions concerning award
and execution of contract.
- 4 -
The successful bidder, simultaneously with the execution of the
agreement, will be required to furnish a labor and materialmen bond in an
amount ognal to fifty percent (50%) of the contract price, and a faithful
por£crn-:ncc bond in an amount equal to fifty percent (50%) of the contract
prices said bonds shall be secured from a surety company satisfactory to
the Tustin City Council.
SECTTC!: 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
!Lttcnticn is directed to the provisions in Section 8-1.03 "Beginning of
Werk', to Section 8-1.06 "Timo of Completion" and to Section 8-1.07
"Liquidated Damages" of the Standard Specifications and those special
provisions.
The contractor shall begin work within 15 days after receiving notice
that the contract has been approved by the City Attornoy appointed and
authorized to represent the City of Tustin, and shall diligently prosecute
the same to completion before the expiration of ten working days from the
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 day's delay in finishing the
work in excess of the number of working days prescribed herein.
SECTION 5. GENERAL
5-1.01 LEG,1L RELLTIONS AND RESPONSIBILITY - Reference is made to
Section 7 of the Standard Specifications. The provisions in Section 7e1.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 ($10.00) for each
workman employed in the execution of the Contract by him or by any sub-
contractor under him for each day during which any workman is required or
permitted 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 (11) 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 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 goneral prevailing rate of wages applicable to the work to be done.
Those rates are set forth in the attached Notice Inviting Sealed Proposals
which is a part of this contract.
5-1.04 PAYMENT - Partial payment shall be in accordance with the provisions
of Section 9-1.06 of the Standard Specifications* Ten percent (10�) 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 of Section 9-1.07 of the Standard Specifications.
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SECTION 6. FORCE ACCOUNT PA)M IT
6-1.01 COST OF LABOR - Attention is directed to the provisions in
Section 9-1.03A (lb) of the Standard Specifications. 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 Specifications. The equipment 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.
SECTION 7. SUBCONTRXTING
7-1.01 SUBLETTING OR ASSIGNING THE CONTRACT - Attention is directed to
the provisions in Section 8-1.01 and 8-1.02 of the Standard Specifications
and these special provisions.
No portion of the contract shall be sublet, assigned or otherwise dis-
posed of except with the written consent of the City Engineer. Requests
for permission to sublot, assign or otherwise dispose of any portion of
the contract shall be in writing and accompanied by a showing that the
organization which will perform the work is particularly experienced and
equipped to do 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 provisions in Section 6
and Section 20-2 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 cleaning of random cracks in
the asphalt concrete surfacing and placing slurry seal coat.
SECTION 10. CONSTRUCTION DETAILS
10-1.01 MAINTAINING TRAFFIC - Attention is directed to the provisions
in Section 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 warning signs, barricades,
flagmen and other devices necessary to provide for the safety and
9
ecnvonience of public traffic shall be furnished and maintained by the
contractor at his own expense.
A minimum of two lanes of traffic must be maintained at all times on
both First Street and on "D" Street.
No compensation for extra work will be allowed for work performed
as noted in Section 7-1.C8 of the Staniard Specifications.
10p1.02 SLURRY SEAL - Slurry. Seal shall conform to the provisions of
Section 37-2 of the Standard Specifications and these special provisions.
In advance of placing the slurry seal all loose material shall be
renoved from the cracks in tho pavement as well as cleaning the surface.
The cleaning of the cracks shall be accepted by the Engineer prior to
placing of any slurry seal,
Full =ipensation for cleaning the cracks as above specified shall be
considered as included in the contract price paid for slurry seal and no
additional compensation will be allowed therefor.
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PROPOSAL TO THE CITY OF TUSTIN, CALIFORNIA
FOR PLACING SLURRY SEAL ON FIRST STREET BETWEEN TUSTIN AVENUE AND "D"
STREET AND ON "D" STREET BETWEEN LAGUNA ROAD AND FIRST STREET, IN THE
CITY OF TUSTIN, CALIFORNIA.
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 First Street between Tustin Avenue and "D" Street and 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 January, 1960.
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 or
corporation; that he has carefully examined the location of the proposed
work, the annexed proposed form of contract, and the plans therein
referred; 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 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:
Approximate
Item Quantity Item with unit prices written Unit Total
in words
1 210 Tons slurry seal at
per ton
In case of a discrepancy between words and figures, the words shall
prevail.
Mir
If 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 from the City lttorney that the
Contract has boon awardod, 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
%he forefeiture of such security accompanying this proposal shall
oporato 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 ton percent
'.Cortifiod check', or "Bidder's Bond", as the case may be of tho total bid.)
The names of all persons interested in the foregoing proposal as
principals aro as follows:
IM_PORT:,NT NOTICE: If the bidder or other interested person is a corporation,
s'�ate legal name of corporation, also names of the president, secretary,
treasurer, and the manager thereof; if a co -partnership, state true name of
i4.rm, 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 registration of
Contractors, License No.
Signature of Bidder
NOTE: If the bidder is a corporation, the legal name of the corporation
s'_^.111 be sot 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
i.-9ividual, his signature shall be placed above.
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Cf signature is by an agent, other than an officer of a corporation,
or a manbe'r of a co -partnership, a Power of Attorney must be on file
w ch the City of Tustin prior to the opening of the bids or submitted
with the bid; otherwise, the bid will be disregarded as irregular and
luatl prized.
Business i.ddres
cc• of Residence
i.cd , 1964.
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City of Tustin
State of California
Ki70'7 ALL MEN BY THESE PRESENTS,
That we
as PRINCIPAL, and
as SURETY, are held and firmly bound unto the City of Tustin, hereinafter
r.13cd the City, in tho penal sum of TEN PERCENT (10 ) OF THE TOTAL AMOUNT
OF THE BID of the Principal above named, submitted by said Principal to
Ll -,o City of Tustin for the work described below, for the payment of which
:rim is lawful money of the United States, well and truly to be made, we
,i,d ourselves, our heirs, executors, administrators and successors, jointly
a_'3 ',ororally, firmly by these presents. In no case shall the liability of
:Lo surety hereunder exceed the sum of $
THE CONDITION OF THIS OBLIGATION IS SUCH
_,at whereas the Principal has submitted the above-mentioned bid to
.ho Citi of Tustin for certain construction specifically described as follows,
i.,r 7;h -..ch bids are to be opened at s
(Insert name of City whore Bids will be
opened)
_01nia, on
(Insert date of bid opening
Copy here the exact description of work, including the location, as it
appears on the proposal)
BIDDER°S BOND (CONTINUED)
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 to him for signature, enters into a written
contract, in the proscribed form in accordance with the bid, and filos 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
oSligatd on shall be null and void; otherwise, it shall remain in full force
and virtue.
In tha event suit is brought upon this bond by the Obligee and judgment
is recovered, the surety shall pay all costs incurred by Obligee in such
suit, including a reasonable attorney's fee to be fixed by the court.
IN 1,12TNESS WHEREOF we have hereunto set our hands and seals on this
day of , L.D. 1964.
(Seal)
(Seal)
(Seal)
Principal
(Seal)
(Seal)
(Seal)
Surety
Address
VOTE: Signatures of those executing for the surety must be properly
acknowledged.
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CITY OF TUSTIN
ORANGE, COUNTY, CALIFORNIA
CONTRACT
FOR Pl,,CING SLURRY SELL ON FIRST STREET FROM TUSTIN AVENUE TO D STREET
!.ND ON D STREET FROM FIRST STREET TO LAGUNA ROAD.
THIS i.GREEMENT, made and concluded, in duplicate, this day of
, one thousand nine hundred and sixty four, between the
City of Tustin, California, party of the first part and
Contractor, party of the second part.
:.RTICLE 1. -- 'Witnesseth, That for and in consideration of the payments
and agreements hereinafter mentioned, to be made and performed by said party
of the first part, and under the conditions expressed in the two bonds,
bearing even date with those 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,
e::cept those mentioned in the specifications to be furnished by said party
of the first part, necessary to construct and complete in a good workmanlike
and substantial manner and to the satisfaction of 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 January, 1960, which said special
provisions and Standard Specifications are hereby specially referred to
and by such reference made a part hereof.
IMICLE II. -- And the said Contractor agrees to receive and accept
the following prices as full compensation for furnishing 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 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 discon-
tinuance of work and for well and faithfully completing the work, and the
wholo thereof, in the manner and according to the specifications and the
r^quirements of the Engineer under them, to -wit;
13 -
.pproximato Item with unit price written
Item Quantity in words Unit Total
1 210 Tons slurry seal at
per ton
TOT,` L
ARTICLE III. -.• The said party of the first part hereby promises and agrees
vith the said Contractor to employ, and does hereby employ, the said
contractor to provide the materi is and to do the work according to the terms
and conditions herein contained :uO referred to, for the prices aforesaid, and
hereby contracts to pay the same at the: time, in the manner and upon the
condi;.iors above set forth, and the said parties for themselves, their heirs,
e:cecutors, administrators, successors, and assigns, do hereby agree to the
full performance of the covenants heroin contained.
iURTICLE IV. -- It is further expressly agreed by and between the parties
hereto that should there by any conflict between the terms of this instrument
and. the bid or proposal of said contractor, then this instrument shall control
and nothing heroin 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:
Clerk of the City of Tustin
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