The URL can be used to link to this page

Home My WebLink AboutCC 11 SLURRY SEAL PROG 9-16-85DATE: SEPTEMBER 10, 1985 TO: WILLIAM HUSTON, CITY MANAGER FROM: DALE A. WICK, ASSISTANT CITY ENGINEER CONSENT CALENDAR NO. 11 9-16-85 Inter - Com SUBJECT: AUTHORIZATION TO ADVERTISE FOR BIDS FOR FISCAL YEAR 1985-86 SLURRY SEAL PROGRAM RECOMMENDATION: It is recommended that the City Council, at their meeting of September 16, 1985, adopt the attached Resolution approving the plans and specifications for subject project and directing the City Clerk to advertise for bids. BACKGROUND: Subject project encompasses application of slurry seal coat on various residential streets and arterial highways throughout the City. The attached maps indicate locations which are to be slurry sealed in accordance with the City's adopted Five Year F.Y. '84-'85 to F.Y. '88-'89 Street Maintenance Program. Because the slurry sealing is a process whereby traffic cannot be allowed on it until it is completely dry (which can take from two to six hours depending on the weather) the work on arterial highways and major streets will be performed on week -ends in order to minimize traffic congestion. The engineer's estimate for this project is $198,800.00. There is presently $340,000.00 budgeted for the F.Y. '85-'86 Street Maintenance Program. Remaining funds will be utilized for a pavement rehabilitation and asphalt concrete overlay project which is presently under plan preparation by staff. The major street to be rehabilitated under the next project will be First Street between the Costa Mesa Freeway and Prospect Avenue which is experiencing rapid deterioration. Tabulated below is the tentative schedule for this project: City Council authorization to advertise for bids ---------------- lst legal advertisement ----------------------------------------- 2nd legal advertisement ----------------------------------------- Openbids ------------------------------------------------------- CityCouncil awards contract ------------------------------------ Begin construction ---------------------------------------------- Complete construction Jck ------------------------------------------- �-.DaW Assistant City Engineer DAW:jr cc: City Clerk Finance Director Street Maintenance Superintendent Sept. 16, 1985 Sept. 26, 1985 Oct. 3, 1985 Oct. 10, 1985 Oct. 21, 1985 Nov. 4, 1985 Dec. 23, 1985 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 85-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1985-86 SLURRY SEAL PROGRAM AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. WHEREAS, it is the intention of the City Council of the City of Tustin, 'California to construct certain street maintenance improvements and appurtenant work designated as Fiscal Year 1985-86 Slurry Seal Program, and; WHEREAS, the City Engineer has presented plans and specifications for the construction of said work; NOW THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City Engineer be and are hereby approved as the plans and specifications for the construction of the City of Tustin Fiscal Year 1985-86 Slurry Seal Program. 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 plans and specifications which said advertisement shall be substantially in the following words and figures to -wit: "NOTICE TO CONTRACTORS" SEALED PROPOSALS will be received at the office of the City Clerk, Tustin City Hall, 300 Centennial Way, Tustin, California, until 10:00 A.M. on the 10th day of October, 1985, at which time they will be publicly opened and read, for performing work as follows: CONSTRUCTION OF CITY OF TUSTIN FISCAL YEAR 1985-86 SLURRY SEAL PROGRAM Bids are required for the entire work described herein: SCHEDULE OF WORK ITEMS ITEM NO. UNIT QUANTITY DESCRIPTION 1. Sq. Ft. 4,1 ne Course Slurry Sealcoat 2. Each 330 Protect Manhole covers 3. Each 539 Protect Water Valve Covers A-1 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2C Z 2,E 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. The City of Tustin has budgeted a fixed these plans and specifications. In the less than the budgeted amount, the City projects to the contract as necessary to 4-I.o3B The provisions of Section of the decreased quantities) shall not apply to amount for the work encompassed by event that the low bid exceeds or is reserves the right to delete or add stay within the budgeted amount. Standard Specifications (increased or this contract. Plans, specifications and proposal forms to be used for bidding on this project can only be obtained by prospective bidders at the office of the City Clerk, Tustin City Hall, 300 Centennial Way, Tustin, California, 92680, upon payment of $5.00 per set, which amount shall be non-refundable. Plans and specifications will be mailed out upon payment of $10.00 per set, which amount shall be non-refundable. In conformance with Section 37931 of the Government Code, all bids shall be presented under sealed cover on the proposal form provided and accompanied by one of the following forms of bidder's security: a. Cash b. Cashier's check made payable to the City of Tustin. c. Certified check made payable to the City of Tustin. d. Bidder's bond executed by an accredited surety insurer, made payable to the City of Tustin. The security shall be in an amount equal to at least ten percent (10%) of the amount of the bid. A bid shall not be considered unless one of the forms of bidder's security is enclosed therewith. A Security Bond for payment of labor and materials will be required in the amount of fifty percent (50%) of the estimated total contract price and a Faithful Performance Bond in the amount of one hundred percent (100%) of the estimated total contract price in the form attached to the contract documents. Said bonds shall be issued by a Surety Company rated grade A or better and Class IX or better by the latest edition of Best's Key Rating Guide. City of Tustin reserves the right to reject any or all bids, and/or waive any informality on a bid. No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening thereof. The contract will be awarded to the lowest qualified bidder. Provisions of the State Contract Act are not applicable, and prospective bidders will not be required to be prequalified. A-2 1 2 3 4 5 6 7 8 9 10 11 121 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All work to be done under the direct supervision of the City Engineer, City of Tustin. All work to be paid for at the unit prices bid from appropriated monies. Pursuant to California Government Code Section 4590, the contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the contract. The City Council of the City of Tustin has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed and a copy of the same is on file in_the office of the City Clerk. Not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. PASSED AND ADOPTED by the City Council of the City of Tustin, California, this day of , 1985. ATTEST: City Clerk Advertise in the Tustin News: September 26, 1985 October 3, A-3 Mayor r-3 0 Y..r Cf" or TU<<STIN LOCAVR 1 MAP 1aDe.X 1 F1>IRHA �• AVE HU see Am C4`V OR. , o Z.' i►! 30 N VL �r �EEGAN aoB �+ WY. VA.I 130A!��' /�/v �3on' _.._f 'V a 1 SANTA Ct_,1,r4 r� Z O N F-4 p., J l/4� �f7ilnsLC 41 , j,t, WHIT E -rip L' -elf m LOGAT'ioM HAA 90. i w 0 N SCALE E L ,+ g 911W1 1 AUI A 7/s f7/ \4 11791 373 � 3772 �j7�77i *I 37S/ i?fl X x E DR. s» c f76/ A LN. a.�a i.1y } +� ,q 1792 i7+ /77/ ~ , 7 � 7/ _ J 1 1771 07 ! He lot& fid NS {ie 37 / ! itea �3eta h f3s' d .77�� ,(��\ �, zt� A y1 G UMETREE WY � a SHADEL DR �Mc a ON ro1e� l39at a »+x 2 .i 35bi NO Z �14 Q VII � p w R W 14 i pe �Y LOCATION MAP N0. 2 FA —- F But am KEEP mom rr Eno lop VIM CROWE UZ MM S?Vjz:�.g r.11 OEM pwm&m w 0 N SCALE E L ,+ g 911W1 1 AUI A 7/s f7/ \4 11791 373 � 3772 �j7�77i *I 37S/ i?fl X x E DR. s» c f76/ A LN. a.�a i.1y } +� ,q 1792 i7+ /77/ ~ , 7 � 7/ _ J 1 1771 07 ! He lot& fid NS {ie 37 / ! itea �3eta h f3s' d .77�� ,(��\ �, zt� A y1 G UMETREE WY � a SHADEL DR �Mc a ON ro1e� l39at a »+x 2 .i 35bi NO Z �14 Q VII � p w R W 14 i pe �Y LOCATION MAP N0. 2 ca N p r 1 � �= •f r N N !sole ti_ 14Ott O t tAN 14081 ACI 2 4 �►� -AWN0 N R 17554 X 19 A R ElO —L A DA t75s4 17562g\� * ^ ^ ARE 17 E 17522 17542 17564 �*544 175720d 4 _JaL to �%r—{t— � L� 17532 17551 17374 �y FIEST W iV �y Qviw cwt wTl �1NNM"t •►►► ��\�� ff lm—T L `: ^ : ^ I WELLING W is �� 1 �tING�� AVE w LLJ1 �� ccµ2l `►1 ,: ,..:,.. d S // � `" > lk ` Asir ►4 E 1 w 61 GE ^ Y y _ X117/ ati1\ J� M2lr Q r 1 / Q 14301 a � � ORAD (� //J- 3 3 a 141214 0 1ORA T LOk 14331 N % V2 VOW I g. o 41351 ►_ t C NORWOOD PARK ACE NOR 14361 • - �;��I�i ' t197�1� !4351 ~ W000 PARK ^ K L �1 y; A1 f 4'ii/ W 14 391 ,r N , w r w �� t �� I�� DRIVE 1 144 3 r Q �\ Ili 4' lj ry ,' aWF 444F r _'r of Pel ER l4 X51 u f 11 Kr 1rY �y�z 4a� J`. VILLAGE T� i J5 v !� r I r� t •. 4 7111 LOCATION MAP NO, 3 O N SCALE /„ 4001 F-6 E _ r3ry •M + '= F [ i it, rODD on lwa Wpm oul?lj 111 �7 r,'- Im NJ 31l r1111443 N,N S I'M i_ j!�, I 3 G'f 3 14741 HELEN ESTOCK n BLVD. n lMom Kri NEV I Iii» *sm WB • as _ M 0 N„ , sCALZ /=400 THEODORA V/ n LN 14472 w.r4 14709 Mt N '` r d Q COLUMBUS TUSTIN LI LI � < 1 IL s ��os1 1sa� is O -V M d//f !lCVI ^ �, /7C 72 ♦ S A N T171,78 't�r4oi CL //s ¢:++c F-7 IaCA7/ON MAP N0. ¢ on lwa Wpm oul?lj 111 �7 Im NJ IETa KA n lMom Kri NEV I Iii» *sm WB • as _ M 0 N„ , sCALZ /=400 THEODORA V/ n LN 14472 w.r4 14709 Mt N '` r d Q COLUMBUS TUSTIN LI LI � < 1 IL s ��os1 1sa� is O -V M d//f !lCVI ^ �, /7C 72 ♦ S A N T171,78 't�r4oi CL //s ¢:++c F-7 IaCA7/ON MAP N0. ¢ rd 40 1 F= H F/RsT 57. CL o ,1i u „sn. FIRST F393,Ljrj Lo 9 .rri HEREm MI IN Una %LAl-ui d; 00 (pew 410 IBM [I IMAM �D V ~ e F393,Ljrj Lo 9 .rri HEREm MI IN Una %LAl-ui d; 00 (pew 410 .Q V ~ e N r� Gf7 79 J �f tooyu v LL 30 u 0 I .115 /ZI /i. gm Z410Z 07 /04 /1# 220 r+t /410 iso /90 ,L Z47-IeN HAP u0. s O N SO4F I = -f00 F-8 .Q T iso 5ie 0 I .115 /ZI /i. gm Z410Z 07 /04 /1# 220 r+t /410 iso /90 ,L Z47-IeN HAP u0. s O N SO4F I = -f00 F-8 1 O , r i qb �11 41 e� S 0 65�;ry�ye �s 0 Ply �- 9 IF, v0000r ►v /dry /so '/f; ro //1 /�/A/✓ �3t�2 13102 1311t i�132 4 z i3�0O FIRST 13162 PACKERS Cl /�ptf I i1So /dry /so '/f; ro //1 /�/A/✓ �3t�2 f 1174 i3�0O FIRST ►tea _ 04 1 1 ' "4• mi < F % O ANDREWS STS SAT/ON IOW N0. b /dry vf�. mi < F % O ANDREWS STS SAT/ON IOW N0. b / 171 7t YG , ruf • "' //vi �j�� llij 41 , 1f'r 2 Y 4S Y�3�i3if c9 g i FIRST STREP 13802 r - I'll J ac t IlJ 11 WALNUT ST. u ty ae ; TI z I L /m 1 �itj ,3y1 13852 ' �� it • ;/44• 'DIY 3 m a ff! O �'� � 124440 1871 Iti SON I TA S BRYAN 13522— w :132 //!z- ' ZI �`� ��.� �!' !i LEA! � I yS r•4{_ 1144 1172 1148 Ills 17-00 / br 4 i�sK`! iy �� 1152 1160 !?08Mks ~ .: ; ? /� I i! 1154 IIi4 114 • /L/2. /2/6 li Q d y r � .r A N R E Ci AN DA TWS 04 A w w N i C.C.LAMBERT 1� e7a i N A SAN JUAN jai/ ,All l f'1 /4AW l9il 1 i /� j Pili 3340 !/ 14W ,mW /d7/ 0 PIMETREE f PARK 13802 J ac t WALNUT ST. u 1/1 HILLVIEW ,3y1 13852 ' 1871 Iti SON I TA S SCALE REAL r LLATA MAP AID. T N _.., •- `� 0 14�01 0 0 w 1 14042 No �� F -in Wil_ F-Aoin 'Ai L F j" :L CAMW REAL VT I ,w �141d / f _/ L �p �G CA�wO +PEAL �•_ 1 N 140. rjlisi •�� S�4ba��Q � N i.Nf/ /4<4f2 Q4�OHM �44a�gg4Y � j4400 O N SC,AIX x r. ra h • 136Z > 406 � \ Z 144 40� 4 J F -C r 1752 J I}IZ ` 14131 1441 1414) WALNUT 14e1 IMI 1422 J ftf 2 rI 11 ds0/ 14510 ,poi 11145 14151 14171 40 �f�'e 000 00 14171 14201 O N SC,AIX x r. ra h • 136Z > 406 � \ J 144 40� 4 J F -C Illi 1752 J I}IZ ` 14131 1441 1414) 14e1 IMI 1422 J ftf 2 rI 11 t: 11145 14151 14171 40 14171 14201 �� Qp 14206 AV41 ZOI n all 2 _uj • 136Z > = 2 1322 1342W 14Z triol j4u J t342Z t4O2 W Z J F -C J J 1752 J I}IZ ` W t W = IMI 1422 J ftf 2 rI 11 t: k3`51 {4421 14"1 4�w 1 P-11 ,40CAT/ON MAP ND. 8 /4: L I� • 136Z = 2 1322 1342W 14Z triol j4u WI,144t t342Z t4O2 W ,4fsf J J 1752 J I}IZ ` 14170 1450 W = IMI 1422 J ftf 2 rI 11 14{41 P-11 ,40CAT/ON MAP ND. 8 /4: L I� I IS r/ _ .� � ,y+\•`,tib -1 L I I si r to, 1 11 1e VIL'0474F +.6 41 WALNUT ssoi 1*510 ,[� N 1322', IMI d ' r �Lj1J IJ!OW 13421, 14ot 1 / * O ftp !)92f�141L ' O tK2 1422 gE 1971 14.11 1442 SCMER ii 14"Z 14741 I 6- V - _ T' 1477= MCAM LA /4/s$ // a i 031 ' AYT AVE /� i ti a /449 7b��e�Nre�eM��aae.,�� MIM 4f ♦�bOpaOm��wwi�►ice /IM/ Zar!Y2!t_� /4!111 ION •oN•►�•oN Tee Vol •ter __ u 4 71 op,I,, N F- C e / \ \ \( 2 EDINGER S" O N J=-12 CXATJON MAP A107t 9 14100 14/11 14121 a T#-71 ^ O 14251 , *17 ttll 017 \ �1 14211 14171 11ff ,4tii 4111 -4a.t 14Wl V4191 N34' 4tq 111 414 14211 43e l4j 14311 o31s stn 10 It 14301 ;4111 /43it #311 �>) 14111 14;Z1 /4jif lNS11+311 fA K 14311 N l 14341 11i /431;1 $W 4 Z 14392 1 �O' 1 Q 1 ` 3 W W = 2 it4L ,44 1f 111 O crM Q Q 31 441• l441S m O y W 1 wk %, .4 M, F O < Z ►Sor :N!' ,4441 44 u 31 a di �,� > K 6. ` J 3# 1 1 f 4 C a w�'�•�'ali � �' � y� Q 9 c -R, -� L jf� "' 8 w O N SCA4 = ff IDETAICA k4N f/ H H LAT/ON' MAP Alar /o M �r' k4N f/ H H LAT/ON' MAP Alar /o s !«u Lo 1SW i L � t07:$0II`. 4*%N�wr SYCAMORE O N SCALA 1 X00/ MAGNOLIA PARK PARKWAY /4401 144p21440 _ 1445/ (4450 1445= 14451 � k a ti N ti W4�N H ti ti �45/l \LT I LAGAVON MAP ND• i I H� ti W sW (1475 4741 14 331 14751 1474,1 r z — 14791 Y lz t474Z 2� 14831 14841 � v LAGAVON MAP ND• i I ,LL 0v r ti 14101 ^ o N �h „r52 141 +'r N N 4" 9 �, 144192 1411 ^ (47f I 1 41 92 14ip1 N r1p� 142 41 14251 14272 14271 181 s j4Z81 14311 ' 1431 Z 14312 !4j1 531 14332 14321 1♦34l 14m1 14352 14341 14351 /4381 14382 14381 / /4401 14401 14401 14401 (4450 . I44S1 , 14452 ti N 14321 14351 14401 14451 14511 0 146b2 v 0v r ti N S P ^ o 1V I 14712 N N N \ • N J 14731 N 9 �, � ��►�IZ 000 ^ (47f N r1p� 147(o1 1 i1 a 1479 / tr O 14831 N SCALE I'LL 400 - 148b1 N In C / �.: isoss 1 111;0`� INDUSTRIAL 6RIVF--- H SANTA FE DRIVE N o on 1; 15415 15410 Is405 is", IS491 15411 IS445 15"1 15+71 L 18441 t54ss 15461 15411 O N SCALE I"-fGd` O 0 g. IrLI`r .__ ♦Ifi Ip. a�lr .In a t NN 4r"' +� MOULTON W it s s /N! u Nr U i~ j�s • •.�r• ` �, Ns� G ,4 OW iI q 112 w' • IH � Z :"Y: l41Ir r� �► •a OC F.C.D. a _ ST. lfoii � Isar � 1 � • I15032 1 11 15022 1jQF♦1 is �.: isoss 1 111;0`� INDUSTRIAL 6RIVF--- H SANTA FE DRIVE N o on 1; 15415 15410 Is405 is", IS491 15411 IS445 15"1 15+71 L 18441 t54ss 15461 15411 O N SCALE I"-fGd` 71014 MAP 140. 13 O 0 g. IrLI`r ^'�1� yI �1 ry ti'fA � MOULTON it s s U i~ j�s • 71014 MAP 140. 13 VALEN �Iry 15SG,t M55, AVENUE k /Slot v `Z N M Nw-- •• — AVENUE 0 b N sc,A .c F-)7 -� N p 15501 ISso! 15501 �sslt 15540 ISS41 1554256 g 15s1t 102 N ��` • 15601 g I�bz2 Ifil� µ: � 15651 '�tN� ifca �J`j k /Slot v `Z N M Nw-- •• — AVENUE 0 b N sc,A .c F-)7 -� CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CONTRACT FISCAL YEAR 1985-86 URRY SEAL PROGRAM C I TY C L GaK COPY Th'reement, made and concluded, in triplicate, this 3/ day of one thousand nine hundred and eighty-five between the City of 1 stin, California, party of the first part, and Doug Martin Contracting Company, Inc. A corporation or anized and existin under and virtue of the aws of t e tate o a i ornla and authorized to do business in the State of California, 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 furnished by said party of the first part, necessary to construct and complete in good workmanlike and substantial manner and to the satisfaction of the said party of the first part, in accordance with the plans and specifications entitled, Fiscal Year 1985-86 Slurry Seal Program and in accordance with the "Standard Specifications dated January 19-K- of the State of California, Business and Transportation Agency, Department of Transportation, which said plans and specifications and standard specifications are hereby specifically referred to and by such references made a part hereof. Said plans and specifications are on file in the office of the City Engineer of the City of Tustin, California. ARTICLE II. And 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 the 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 unforseen 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 the Engineer under them, to wit: C-1 SCHEDULE OF WORK ITEMS AND CONTRACT PRICES FISCAL YEAR 1985-86 SLURRY SEAL PROGRAM Item No. Item With Unit Price Written In Words Approximate Quantity Unit Price In Figures Total In In Figures 1. Construct one course slurry seal coat at No dollars and three and 26/100 cents 4,132,899 0 $ 0.0326 $134,732.50 Per sq. ft. 2. Protect manhole covers with plastic or equal at One dollar and twenty five cents 330 Each $ 1.25 $ 412.50 Per Each 3. Protect water valve covers with plastic or equal at One dollar and twenty five cents 539 Each $ 1.25 $ 673.75 Per Each TOTAL CONTRACT $ $135,818.75 Total or gross sum written in words One hundred and thirty five thousand eight hundred and eighteen dollars and seventy five cents C-2 r � � 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 bj 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. ARTICLE V. 1. The CITY OF TUSTIN has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for Tegal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains copies thereof in the office of the City Clerk. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. 2. The Contractor shall, as a penalty to the CITY OF TUSTIN, forfeit Twenty -Five Dollars ($25.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor under Contractor) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 3. Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. 4. Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars.($ 30,000.00) or more, or twenty (20) working days or more, or if contracts of subcontractors not bidding for work through the general or prime contractor are Two Thousand Dollars ($2,000.00) or more, or five (5) working days or more. 5. In performance of this contract, not more than eight (8) hours shall constitute a day's work. The Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the labor Code of the State of California, and shall forfeit to the City as a penalty, the sum of Twenty Five Dollars ($25.00) for each worker employed in the execution of this contract by Contractor or any subcontractor for each calandar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calandar week by each worker employed by Contractor in connection with the public work. C-3 til 6. Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work, and agrees to insist that each of his subcontractors do the same. Contractor further agrees that his payroll records and those of his subcontractors shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Divison of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq., in general., f 7. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI. The Contractor shall indemnify and save harmless the City of Tustin and all officers and employees thereof from all claims, suits, or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including but not limited to workmen and the public, or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed work or is caused by or happening in connection with the progress of said work, or on account of any passive or active negligent act or omission by the City of Tustin, its officers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive wilfull misconduct of the City of Tustin. The defense in indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employess, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising out of such claim at the sole cost and expense of Contractor. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid. ARTICLE VII. The Contractor shall take out, maintain and pay all premiums during the life of the contract comprehensive automobile and general liability insurance that provides protection from claims which may arise from operations or performance under this contract with the City of Tustin and its officers, employees and agents as named additional insureds. The Contractor shall require any subcontractor to provide him with evidence of the same liability insurance coverages. The failure of the Contractor to require any subcontractor to provide him with such evidence of the same liability insurance coverages shall constitute a material breach of this contract. The amount of insurance shall not be less than single limit coverage applying to bodily and personal injury liability and property damage in the amount of $1,000,000. C-4 El The following endorsements must be indicated on all certificates of insurance: (1) The City of Tustin, its officers, employees and agents are named as additional insureds in the policy as to the work being performed under the contract; (2) The coverage is PRIMARY and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage; (3) The policy covers blanket contractual liability; (4) The polidy limits of liability are provided on an occurrence basis; (5) The policy covers broad form property damage liability; (6) The policy covers personal injury as well as bodily injury liability; (7) The policy covers explosion, collapse and underground hazards; (8) The policy covers products and completed operations; (9) The policy covers use of non -owned automobiles; (10) The coverage shall not be cancelled nor materially altered unless and until thirty (30) days written notice is given to the City of Tustin. C-5 In Witness Whereof, the parties of these presents have hereunto set their hands and seals the year and the date first above written. THE CITY OF TUSTIN DATE OF EXECUTION BY CITY OF TUSTINi 5 BY: Mayor (Corporate Seal) CONTRACT A PRot: pTeWEtorney ate APPROVED AS TO CONTENT: 0-04� 4�;' - j4S'ST• City Engineer t11`/8S- Date (Seal) STATE OF CALIFORNIA) SS COUNTY OF ORANGE ) ATTEST' 1� �^ E . (..v Ci , Clerk DOUG MARTIN CONTRACTING COMPANY, INC. A California Corporation BY oug art resident BY `� � ter, Dixie Martin, Secretary i On November 2 , 19 85, before me, t he undersigned, a Notary Public in and for the said state personally appeared Doug Martin, known to me to be the President, and Dixie Martin, known to me to be the Secretary of Doug Martin Contracting Company, Inc., the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation herein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. F OFFICIAL SEAL •� Norma Jean Nagorski Notary Pubk-California Principal Office In Orange County My COMM. Exp, Sept. 28, 2987 Witness my hand and official seal: NOTARY PUBLIC(jA AND FOR WD STATE C-6 ,I A S i,""I' I N CERPIFICATE OF INS►'^)NCE AND DESIGNATION OF AD'"TIONAL INSURED TO: CITY OF TUSrIN 300 Oentennial Way Tustin, CA 92680 i;OUG MARTIN CONTRACTING CO., INC. 1262 OAKCREST STREET sREA CALIFORNIA 92621 NAME AND ADDRESS OF INSURANCE AGENCY CORROON 9 BLACK INSURANCE SERVICES 70 S. LAKE AVENUE PROTECT: FISCAL YEAR 1985-86 SLURRY SEAL PROGRAM NAME AND ADDRESS OF INSURANCE COMPANY(IES) EMPLOYERS INSURANCE OF WAUSAU 3130 WILSHIRE BLVD., LOS ANGELES, CA. 90010 MISSION NATIONAL INSURANCE COMPANY 2500 WILSHIRE BLVD., LOS ANGELES, CA. 90057 This is to certify that the policies of insurance listed below have been issued to the insured nam- 'Im above, are in force at this time, that the City of Tustin is a additional insured thereon as respects claims arising in connection with the hereinabove named Project and that such insur- ance shall be primary with respect to any other insurance in force purchased by the City of Tustin. Type o Insurance policy Policy Limits of Liability in Thousands Insurance Company Number Expiration Each Date Occurrence Aggregate GENERAL LIABILITY Comprehensive form Premises -operations Explosion and collapse hazard Underground Hazard Products/completed operations hazard Contractual insurance Broad form property damage Independent contractors LIABILITY Ccmprehensive form Owned Hired Canbined SS Umbrella form Other than Umbrella Form EMPLOYERS INS. 2025 -00 - OF WAUSAU 054126 12/18/85 EMPLOYERS INS. 2025-02- 12/18a/85 OF WAUSAU 054126 MISSION NATIONAL, MN045166 12/18/85 INS. CO. y Injury $ Property Damage $ Bodily Injury $ 500 $ 500 & property damage combined PERSONAL INJURY $ 500 Bodily Injury $ $ (each person) Bodily Injury $ $ each Occurrence Bodily Injury & Property Damage Combined $ 60 Bodily Injury & Property Damage Cambined $1,000 $ 1,000 COAIPENSFfPION EMPLOYERS INS. 2016-00- 6/19/86 (Statutory CALIFORNIA and OF WAUSAU 054126 (each I $500 accident) EMPLOYERS' LIABILITY It is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to the terms of all Workers Compensation Insurance. The issuing co -parry will give thirty (30) days written notice to City of Tustin prior to modification or cancellation. Da Is NO MODIFICATIONS OR ADDITIONS MAY BE MADE TO THIS FORM. Au p above - name insuran y(ies) R:9/25/82(P--Tustin)