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HomeMy WebLinkAboutCC 5 ASPHALT REPAIR 10-05-83DATE: September 26, 1983 THRU: FROM: Bob Ledendecker, Director of Public Works/City Engineer~ Monda Buckley, Administrative Assistant SUBJECT: Annual Asphalt Concrete Pavement Repair Program L Recommendation: Request the Tustin City Council, at the meeting of October 5, 1983, to adopt the resolution authorizing the advertisement of bids according to the attached specifications for the Annual Asphalt Concrete Pavement Repair Program. Background: In fiscal year 1982-83, the City awarded a contract to Century Paving, 1nc. for the Asphalt Concrete Paving Repair Program. This contract provided for renewal of the contract up to three (3) years dependent upon satisfactory performance by the contractor. Staff feels the contractor's performance does not warrant renewal, and, solicitation for bids is in the best interest of the City. The estimate for the the fiscal 1983-84 contract is approximately $200,000. The following time frame is recommended: Council Authorization of Bid Solicitation October 5, 1983 First Legal Advertisement October 13, 1983 Second Legal Advertisement October 20, 1983 Bid Opening October 27, 1983 Council Awarding of Contract November 7, 1983 Contract Implementation November 14, 1983 Monda Buckl ey Administrative Assistant bh attch RESOLUTION NO. 83-7V A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM WHEREAS, it is the intention .of the City Council of the City of Tustin, California to maintain and repair streets as needed at various locations in :he City of Tustin; and, WHEREAS, the City Engineer has presented specifications for the )urpose of accomplishing this work; 9 10 8 NOW THEREFORE, BE IT RESOLVED that the specifications presented by the ]ity Engineer be and are hereby approved as the specifications for: ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and 11 directed to advertise as required by law for the receipt of sealed bids or )roposals for the doing of the work specified in the aforesaid plans and 12 ;pectfications which said advertisement shall be substantially in the ~ollowing words and figures to-wit: "NOTICE TO CONTRACTORS" 14 SEALED PROPOSALS will be received at the office of the City Clerk, 15 Tustin City Hall, 300 Centennial Way, Tustin, California, until 10:00 A.M. on :he 27th day of October lg83, at which time they will be publicly opened and 16 rea~r perfor~rk as follows: 17 ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM 18 Bids are required for the entire work described herein: 19 SCHEDULE OF WORK ITEMS ITEM NO. UNIT QUANTITY 1. ~ §,OOU 2. C.Y. 800 3. Ton 500 4. Ton 1,500 5. Each 15 6. Ton 100 7. L.F. 1,000 DESCRIPTION Sawcut AC Pavement Excavation Asphalt Concrete Overlay, Feathering or Skin Patch Asphalt Concrete Deep Lift Pavement Repair Adjust Water Valve Box or Manhole Frame & Cover to Finished Grade CL 2 Aggregate Base Prepare and Seal Cracks 25 26 27 28 A-1 1 2 3 4 5 6 7 8 9 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. The City 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 is required or as may be deemed necessary or advisable by the Engineer or Street Superintendent. The quantities as stated herein for bid comparison purposes are based on past annual street repair asphalt quantities of an average of 2,000 tons of aspha!t concrete used per year. The provisions of Section 4-1.03B, "Increased or Decreased Quantities," of the Standard Specifications shall not apply to this contract. 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 o~ $3.00 per set, which amount shall be non-refundable. 10 11 12 13' 14 15 16 17 18 19 2O 21 22 23 24 25 26 Specifications will be mailed out upon payment of $6.00 per set, wh!,ch 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 Labor and Materials Bond for payment of labor and materials will be required in the amount of fifty percent (50%) of the estimated total contract price, A Faithful Performance Bond in the amount of one hundred percent (100%) of the estimated total contract price will be required. Said bonds shall be of the form attached to the contract documents and 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. 27 All work to be done under the direct supervision of the Street Superintendent and City Engineer, City of Tustin. 28 All work to be paid for monthly at the unit prices bid from appropriated monies. A-2 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. 3 4 5 6 7 8 9 10 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 ADOPll~D by the City Council of the City of Tustin, California, this day of , 1983. 11 ATll~ST: Mary E. Wynn 12 City Clerk 13 14 Advertise in the Tustin News: 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 October 13 , 1983 October 20 , 1983 Mayor A-3 CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA NOTICE TO CONTRACTORS, PROPOSAL, CONTRACT, GENERAL PROVISIONS, AND SPECIFICATIONS FOR ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Prepared by Engineering Division City of Tustin 300 Centennial Way Tustin, California 92680 (714) 544-8890 CONTENTS SECTION A B C O E TITLE NOTICE TO CONTRACTORS PROPOSAL CONTRACT AGREEMENT GENERAL PROVISIONS CONSTRUCTION SPECIFICATIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM WHEREAS, it is the intention of the City Council of the City of Tusttn, California to maintain and repair Streets as needed at various locations in the City of Tustin; and, WHEREAS, the City Engineer has presented specifications for the ~urpose of accomplishing this work; 8 NOW THEREFORE, BE IT RESOLVED that the specifications presented by the ~ity Engineer be and are hereby approved as the specifications for: ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM 10 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and 11 directed to advertise as required by law for the receipt of sealed bids or )roposals for the doing of the work specified in the aforesaid plans and 12 ~pecifications which said advertisement shall be substantially in the %llowing words and figures to-wit: "NOTICE TO CONTRACTORS" 14 SEALED PROPOSALS will be received at the office of the City Clerk, 15 -ustin City Hall, 300 Centennial Way, Tustin, California, until 10:00 A,M. on :he 27th day of October 1983, at which time they will be publicly opened and 10 rea~r perfor~rk as follows: ]7 ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Bids are required for the entire work described herein: 19 SCHEDULE OF WORK ITEMS 20 ITEM NO. UNIT QUANTITY ~. ~ 6,0UU 21 2. C.Y. 800 3. Ton 500 22 4. Ton 1,500 5. Each 15 6. Ton 100 24 7. L.F. 1,000 DESCRIPTION Sawcut A6 Pavement Excavation Asphalt Concrete Overlay, Feathering or Skin Patch Asphalt Concrete Deep Lift Pavement Repair Adjust Water Valve Box or Manhole Frame & Cover to Finished Grade CL 2 Aggregate Base Prepare and Seal Cracks 25 26 27 28 A-1 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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. The City 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 is required or as may be deemed necessary or advisable by the Engineer or Street Superintendent. The quantities as stated herein for bid comparison purposes are based on past annual street repair asphalt quantities of an average of 2,000 tons of asphalt concrete used per year. The provisions of Section 4-1.03B, "Increased or Decreased Quantities," of the Standard Specifications shall not apply to this contract. 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 $3.00 per set, which amount shall be non-refundable. Specifications will be mailed out upon payment of $6.00 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 Labor and Materials Bond for payment of labor and materials will be required in the amount of fifty percent (50%) of the estimated total contract price. A Faithful Performance Bond in the amount of one hundred percent (100%) of the estimated total contract price will be required. Said bonds shall be of the form attached to the contract documents and shal) 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. All work to be done under the direct supervision of the Street Superintendent and City Engineer, City of Tustin. All work to be paid for monthly at the unit prices bid from appropriated monies. A-2 The City Council of the City of Tu~tin has obtained from the Director of industrial Relations the general prevailing rate of per diem wages and the }eneral prevailing rate for legal holiday and overtime work in the locality ~n which the work is to be performed for each craft or type of work needed and a copy of the same is on f~le in the office of the City Clerk. Not less than said prevailing rates shall be paid to workers employed on :his public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. 5 6 7 8 9 10 PASSED AND ADOPTED by the City Council of the City of Tustin, California, this day of , 1983. 11 ATTEST: Mary E. Wynn 12 City Clerk 14 Advertise in the Tustin News: October 13 , I983 October 20 , 1983 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Mayor A-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 2~ 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, 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 No. was duly and regularly introduced, read, passed and adopted at a regular meeting of the City Council held on the day of , 1983. AYES : COUNCILMEN: NOES : COUNCILMEN: ABSENT: COUNCILMEN: Mary E. wynn, city Cler~ City of Tustin, California A-4 SECTION B PROPOSAL TO THE CITY OF TUSTIN, CALIFORNIA · FOR THE ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Name of Bidder: Business Address: Phone No: Place of Residence: LOCATION The work to be done and referred to herein is in the City of Tustin, California, and is to be constructed in accordance with the specifications and contract annexed hereto and also in accordance with the Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, dated January, 1981. The work is to be done on an as-needed and as-required basis, where and as directed by the City of Tustin Street Superintendent and/or City Engineer, and shall be performed within the corporate limits of the City of Tustin at various locations. 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 attached specifications and contract, 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 work and furnish all materials specified in the contract, in the manner and time prescribed, and according to the requirements of the Street Superintendent and Engineer as therein set forth, and that he will take full payment therefor at the following unit prices. B-1 Item Wit)~ Unit Price Written In Words PROPOSAL ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Approximate Unit Price Quantity In Figures Sawcut Existing Asphalt Concrete Pavement to Facilitate Removal at Per Lineal Foot Excavate, Remove, & Dispose of Existing Pavement, Base and/or Native Material at 6,000 L.F. 800 C.Y. Total In In Figures Per Cubic Yard Furnish & Construct Asphalt Concrete Overlays, Feathering and/or Skin Patching at Per Ton 4. Furnish & Construct Deep Lift Asphalt Concrete Pavement Repair at Per Ton 5. Adjust Water Valve Box or Manhole Frame & Cover to Finished Grade at Per Each 6. Furnish & Place CL 2 Aggregate Base at Per Ton 7, Prepare cracks and joints and Furnish and Apply Crack Sealant at Per Lineal Foot 500 Tons 1,500 Tons 15 Each 100 Tons 1,000 L.F. TOTAL BID $ In case of a discrepancy between unit price words and figures entered, the words shall __preva i 1. B-2 The undersigned understands that 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. The City 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 is required or as may be deemed necessary or advisable by the Engineer or Street Superintendent. The quantities as stated herein for bid comparison purposes are based on past annual street repair asphalt quantities of an average of 2,000 tons of asphalt concrete used per year. The provisions of Section 4-1.02B, "Increased or Decreased Quantities," of the Standard Specifications shall not apply to this contract. 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 ten days, not including Sundays and legal holidays, after the bidder has received notice from the Tustin City Clerk 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 forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Tustin. The undersigned bidder hereby acknowledges that he understands the bonding requirements of the City of Tustih which, per City code, states that the surety company must be rated Grade A and Class IX or better in the latest edition of Best'§ Key Rating Guide. ACCOMPANYING THIS PROPOSAL IS (NOTICE: Insert the words "Cash ($ )," "Cashier's Check," Certified Check," or "Bidder's Bond", as the case may be} in an amount equal to at least ten percent of the total bid. The names of all persons interested in the foregoing proposal as principals are as follows: B-3 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 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 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 DATED , 19 B-4 SUBCONTRACTORS Bidder shall set forth the name and address of the place of business of each subcontractor who will perfom work, labor, furnish materials or render service to the bidder on said contract and the portion of the work to be done by such subcontractor. Name of Subcontractor Address of Place of Business Work to be done by Subcontractor B-5 BIDDER BONO CITY OF TUSTIN STAllE OF CALIFORNIA KNOW ALL MEN 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 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 in 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 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 Tustin, California at 10:00 A.M. on October 27, 1983 For the Annual Asphalt Concrete Repair Program 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 prescribed form in accordance with the bid, and files two bonds satisfactory to 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 be an remain in full force and effect. B-6 'In the event suit is brought upon this bond by the Obligee and judgement 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 hands and seals on this day of ,A.D. lg Principal ADDRESS: Surety (Seal) (Seal) (Seal } (Seal) (Seal) (Seal) NOTE: Signatures of those executing for the surety must be properly acknowledged. B-7 CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CONTRACT FOR ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM This agreement, made and concluded· in triplicate· this day of · one thousand nine hundred and eighty-two 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 furnished by said party of the first part, necessary to construct andcomplete in good workmanlike and substantial manner and to the satisfaction of the said party of the first part, in accordance with the specifications entitled, Annual Asphalt Concrete Pavement ReQair Program and in accordance with the "Standard Specifications" dated January 1981 of the State of California, Business and Transportation Agency, Depa~men% of Transportation, which said specifications and standard specifications are hereby specifically referred to and by such references made a part hereof, Said 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-I Item NO. 1. SCHEDULE OF WORK ITEMS AND CONTRACT PRICES ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Item With Unit Price Approximate Unit Price Written In Words Quantity In Figures Sawcut Existing Asphalt Concrete Pavement to Facilitate Removal at Per Lineal Foot Excavate, Remove, & Dispose of Existing Pavement, Base and/or Native Material at 6,000 L.F. 800 C.Y. Total In In Figures Per Cubic Yard Furnish & Construct Asphalt' Concrete Overlays, Feathering. and/or Skin Patching at Per Ton 4. Furnish & Construct Deep Lift Asphalt Concrete Pavement Repair at Per Ton 5. Adjust Water Valve Box or Manhole Frame & Cover to Finished Grade at Per Each 6. Furnish & Place CL 2 Aggregate Base at Per Ton 7. Prepare cracks and joints and Furnish and Apply Crack Sealant at Per Lineal Foot 500 Tons 1,500 Tons 15 Each 100 Tons 1,000 L.F. --Total or gross sum written in words TOTAL CONTRACT $ C-2 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 aforesaiU, 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. 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 legal 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 ($25.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor under Contractor) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 3. Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. 4. Section i777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars {$ 30,DO0.O0) or more, or twenty (20) working days or more, or if contracts of subcontractors not bidding for work through the general or prime contractor involve 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 l, Part 7 (Sections lB10 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. 6. Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked C-3 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. 7. Contractor acknowledges that he 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, worker's compensation, 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. 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; C-4 (2) The coverage is PRIMARY and no o:her insurance carried by the City of Tustin will be called upon to con:ribute to a loss under this c6verage; (3) The policy covers blanket contractual liability; (4) The policy 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; (t0) The coverage shall not be cancelled nor materially altered unless and un~il thirty (30) days written notice is given to the City of Tustin. ARTICLE VIII. (1) If any action at law or in equity is necessary to enforce or interpret the terms of the Agreement, the prevailing psr~y shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought aqainst contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold which names City as a party to said action, City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the processing of Stop Notices or Notices to Withhold filed with City. (2) It is agreed by the parties hereto that in the event the total work called for hereunder and all parts and requirements not commenced, finished or completed within the number of days set forth herein, damage will be sustained by the City, in that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which City will sustain in the event of and by reason of such delay: It is therefore agreed that contractor will pay to City the sum of One Hundred Dollars ($100.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed herein and contractor agrees to pay said damages herein provided for and further agrees that City may deduct the amount thereof from any monies due or that may become due contractor hereunder. 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 TUSTIN (Seal) BY: Mayor of the City of Tustin Contract and Bond Approved: AI-('EST: City Clerk of the City of Tustin City Attorney APPROVED AS TO CONTENT: Date City Engineer Date BY Contractor C-6 Bond No. Amount $ Premium: CITY OF TUSTIN PUBLIC CONTRACT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That , as and hereinafter referred to collectively as, "Principal", and a corporation organized and existing under the laws of the State of , and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $ , for payment of which Principal and surety bind themselves, their heirs, administrators, successor and assigns, jointy and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated , 19 , with City to do and perform the following, generally described work, which is more particularly described in said contract: For the Annual Asphalt Concrete Pavement Repair Program. WHEREAS, all of such improvements are to be constructed and installed in accordance with the specifications described, referred to and incorporated in said contract; and WHEREAS, Principal shall commence and complete the construction and installation of such improvements as provided in said contract; and NOW,THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void. C-7 PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements Contained in the hereinabove described contract and all obligations, then this obligation shall remain in full force and effect. PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way effect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder; and PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. NOTE: Attach proper acknowledgements for both Surety & Principal. APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: City Engineer SURETY: BY: (Seal) BY: (NAME) (Seal) Attorney-In-Fact Address of Surety: PRINCIPAL: BY: BY: Address of Principal: C-8 Bond No. Amount $ Premium: CI]~ OF I"USTIN PUBLIC CONTRACT LABOR AND MATERIALS KNOW ALL MEN BY THESE PRESENTS; That , as and hereinafter referred to collectively as "Principal" and , a corporation organized and existing under the laws of the State of and duly authorized to transact surety business in the State of California, as and hereinafter referred to as "Surety", are held. and firmly bound unto the City of Tustin hereinafter referred to as "City", in the sum of $ for payment of which Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated , 19 , with City to do and perform the following, generally described work, which is more particularly described in said contract: For the Annual Asphalt Concrete Pavement Repair Program WHEREAS, Principal shall commence and complete the construction and installation of such improvements provided in said contract; and NOW THEREFORE, if Principal shall pay the contractor, his subcontractor, and all persons renting equipment or furnishing labor or materials to them for such improvements,for the full cost of such improvements then this obligation shall be null and void. C-9 PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons renting equipment or furnishing labor or materials to them for such' improvements for the full cost of such improvements, then this obligation shall remain in full force and effect and such contractor, subcontractor and persons shall have a direct right of action against the Principal and Surety under this obligation, subject to priority of City. PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder; and PROVIDED FURTHER that in case suit is brought upon this bond by the City or amy other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the court, shall be paid by Principal and Surety. IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of , 19 NOTE: Attach proper acknowledgements for both Surety & Principal. APPROVED AS TO FORM: SURETY: (NAME) BY: (Seal) BY: Attorney-In-Fact Address of Surety: City Attorney APPROVED AS TO CONTENT: City Engineer (Seal) C-lO PRINCIPAL: By: BY: Address of Principal: CITY OF TUSTIN ~'IFICATE OF IAT~L~NCE AND DESIGNAT!Clg OF NAMED Af~IITIC~AL /lgSURED 300 Centennial Way Tustin, CA 92680 NAME AND ADERESS OF INSURA~iE CCMPANY(IES) .his is tO ceLt/fy that the ~olicies of insL~nce .listed below have k~en issued tO t_~ insured .d akxT~e, are Ln force at this time, that the City of Tustin is a nailed additional instated thereon is r~s~ects claims arising in cca~nection with the hereinabove na~ed Project and that SL~ch inSL~- ~Ce shall be primary with ~ to any other insurance in force _purchased by the City of Tustin. ~ cf Insurm~e ~olicy ~licy Limits of Liability in 5~ousands l~surance Company Nun~er Expiration Each Cccur:=nce Aggregate ~ LL%AIL/TY :~ehensive fo:m Temises-cperations bcplosion and colla[~se hazard Jnde~3round ~azard ~fuducts/ccmple~ed operations hazard ~roed fo~ property damage ~nde~endent contractors :ersonal Injury a~m~e ~ined $ $ Bodily Injury (each gerson) Bodily Injury tuned each [ired Property Dam~e Scdily Injury 'x:~bined ~'c~erty C~b~ned XCESS LIABILITY Bcdily Injury Progerty ~e ~brella fonm )ther than Umbrella Fom DRKERS ' :~oENSA.TIC~ and ~MPLGk~S ' 2ABILITY C~insd $ S tatuto~y ( each $ accident) [t is certified that a ~aiver of subrogation is hereby issued to the City of Tustin as pez-tains to /~e ts=~s of all Wo=kers Compensation Insurance. .he issuing c~pany w/3_l give thirty (30) days written notice tO the City of Tustin prior to Ddification or cancellation. Date Issue: 9/25/82 (P-Tust/n) Authorized Representative of r-he above- named insurance company(ies) C-11 SECTION D GENERAL PROVISIONS D-I SPECIFICATIONS The work end, raced herein shall be done in accordance with the Standard Specifications of the State of California, Business and Transportation Agency, Department of Transporation, dated January, lg81, insofar as the same may apply and in accordance with the following Provisions.' Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: "DIVISION OF HIGHWAYS" OR "DEPARTMENT OF TRANSPORTATION": The Tustin City Council "DIRECTOR": 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 and the General Provisions, shall have the intent and meaning specified in Section I, Definition and Tems, of Standard Specifications. In the case of conflict between the Standard Specifications and these General Provisions, these General Provisions shall take precedence over and be used in lieu of the conflicting portion. D-II PROPOSAL REQUIREMENTS AND CONDITIONS The bidder's attention is directed to the provision in Section 2 of the Standard Specifications for the requirements and conditions which he must observe in the preparation of the proposal fom and the submission of the 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. D-III 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. The successful bidder simultaneously with the execution of the contract will be required So furnish a Labor and Material Bond in an amount equal to fifty percent (50%) of ihe contract price, and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the contract price and bonds shall be of the form attached to Section C and secured from a surety company rated Grade A or better and Class IX or better by the latest edition of Beet's Key Rating Guide, and shall be authorized to write such bond in the State of California and shall be subject to the approval and acceptance of the City Council and City Attorney. The Faithful Performance bond may provide that the limit of liability may be reduced each month during the initial one-year term of the bond by an amount equal to one-twelfth (1/12th) of the contract price. Subsequent term years, the bond amount must again commence at one hundred percent (100%) and may be likewise decreased monthly. D-IV BEGINNING OF WORK AND LENGTH OF CONTRACT The contractor shall be required to begin work within ten {10) calendar days after the date that the contract, has been executed by the City and the starting date for this contract shall be ten (10) calendar days after said date of contract execution by the City. The length of this contract shall be for 365 calendar days from said contract starting date. City shall have the right and option to extend the term of this contract for two (2) consecutive additional years following the first year of the term of this contract, by giving written notice to the Contractor prior to the end of the first contract year. In the case of such extension, the same terms and conditions shall apply to the subsequent contract term with the exception that the unit prices shall be subject to adjustment at the commencement of each subsequent year of the term of the contract {the 'Adjustment Date') as follows: The base for computing the adjustment is the Consumer Price Index, All Urban Consumers for the Los Angeles-Long Beach-Anaheim Metropolitan Area (CPI-U) published by the United States Department of Labor, Bureau of Labor Statistics ('Index'), which is in effect on the date of the commencement of the initial term of the contract ('Beginning Index'}. The Index published more immediately preceeding the Adjustment Date ('Extension Index'} is to be used in determining the amount of the adjustment. If the Extension Index has changed from the Beginning Index, the unit charges for the following year of the term of the contract shall be set by multiplying the initial contract unit prices by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. D-V GENERAL Legal Relations and Responsibility. Reference is made to Section 7 of the Standard Specifications. Additionally, the contractor shall have the following obligations. 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 D-2 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 connec.tion 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. Highway Construction Equipment. Attention is directed to Sections 7-1.02 of the Standard Specifications. Prevailing Wages. 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 to execute this contract, and the same has been filed in the Office of the City Clerk. 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. Subsistence Pay. 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. Responsibility for Damage and Loss. The contractor shall assume the defense of and indemnify and save harmless the City of Tustin and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the contract. Errors-and Ommissions. The contractor shall carefully examine the specifications prior to submitting his bid. Any obvious errors, ommissions or procedures called for in the specifications or contract documents which conflict with conditions, or which obviously are not accepted practice, shall be immediately brought to the Engineer's attention so that a correcting addendum may be issued prior to opening of the bids. The contractor shall save harmless the City of Tustin from any loss or damage as a result of his intentional failure to report said error, ommission or conflicting procedure. Employment of Apprentices. Section 7-1.01F "Apprentices," of the Standard Specifications is superseded by the following: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the contractor or any subcontactor under him. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices. D-3 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio and Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. D-VI CONTRACT PAYMENTS The contractor shall submit an invoice at the end of each month to the City of Tustin Superintendent of Streets. Said invoice shall be for the work performed during the previous month period and shall be based on the contract unit prices and as specified in these specifications. Upon approval of each monthly invoice by the Superintendent of Streets and/or City Engineer, a check for 100% of the approved invoice amount will be issued to the contractor. Said check will be issued within three (3) weeks of said invoice date. D-VII FORCE ACCOUNT PAYMENT Cost of Labor. Attention is directed to the provisions in Section 9-1.03A (l-b} of the Standard Specifications. The percentage to be applied to the actual wages paid, as defined in Section 9-1.03A (l-b) of the Standard Specifications will be 17 percent. ... Equipment Rental Rates. Attention is directed to the provisions in Section 9-1.03A (3) of the Standard Specifications. 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-i.03A (3) of the Standard Specifications. D-VIII SUB-CONTRACTING Subletting or Assigning the Contract. Attention is directed to the provisions in Section 8-1.01 and Section 8-1.02 of 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 in writing,and accompanied by a resume 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. D-IX MATERIALS General. Attention is directed to the provisions in Section 6 of the Stand~rd Specifications. All materials required to complete the work under this contract shall be furnished by the contractor. D-4 DLX MISCELLANEOUS Obstructions. Attention is directed to Section 8-1.10 and Section 15 of the Standard Specifications. D-XI INSURANCE Compensation Insurance. Pursuant to the requirements of Section 1860 of the Labo Code (Chapter 1000, Statutes of 1965), contractor shall take out and maintain, during the life of this contract, worker's compensation insurance for all his employees employed at the site of improvement, and if any work is sublet, contractor shall require subcontractor similarly to provide worker's compensation insurance for all of the latter's employees. Contractor indemnifies City for any damage resulting to it from failure of either contractor or any subcontractor to take out or maintain such insurance. Public Liability and Propert~ Damages. The Contractor shall take out, maintain and pay all premiums during the life of the contract, worker's compensation, 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. 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 i nsureds 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 policy 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; D-5 (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. D-XII LABOR NOND~SCRIMINATION Attention is directed to Section 7-1.01D of the Standard Specifications. The contractor shall conform to the requirements of this section. D-6 SECTION E CONSTRUCTION SI~ECIFICATIONS E-1 GENERAL All work shall be constructed in accordance with these specifications and in accordance with applicable provisions of the Standard Specifications of the State of California, Business and Transporation Agency, Department of Transportation, dated January, 1981, hereinafter referred to as the Standard Specifications. The work shall consist of furnishing all labor, materials, tools, equipment, and appurtenances to perform asphalt concrete pavement repair at various locations within the corporate limits of the City of Tustin, on an as-needed basis, where directed by the Superintendent of Streets and/or City Engineer and as specified herein. Upon notification by the City of required emergency repairs, the Contractor will respond to commence and proceed diligently to completion of repairs on weekdays, Saturdays, Sundays, and holidays as specified below: TIME OF NOTIFICATION Prior to 12:00 Noon After 12:00 Noon REPAIR MUST COMMENCE BY 5:00 PM on the same day 9:00 AM on the following day The Contractor will be required to respond to non-emergency repairs within 5 working days of notification and proceed diligently to completion. Failure of the Contractor to adhere to the above response requirement will be cause for the City to have the work performed by others. Any additional expense incurred by the City as a result shall be deducted from any monies due or to become due to the Contractor. The Contractor shall receive additional payment for any emergency repair ordered by the City of Tustin Superintendent of Streets and/or City Engineer. Said additional payment shall consist of an additional 25% of the normal contract cost for said repair. E-II TRAFFIC CONTROL Description - This work shall consist of providing delineation, lighted barricades and signing for detours, traffic channelization and public safety. Construction Traffic control shall conform to applicable provisions of Sections 7-1.08, 7-1.09, and Section 12 of the Standard Specifications and these Special Provisions. All warning lights, signs, flares, barricades, and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained E-1 E-II TRAFFIC CONTROL (Continued) by the contractor. All signs shall Konform 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 and the State of California, Division of Highways "Traffic Manual ., Separation between travel lanes, channelization and delineation of the work area shall be accomplished by the use of delineators placed at a maximum of 15' on center. During non working hours, the work area shall be delineated additionally with lighted flasher type barricades, ~paced a maximum of 50' on center and as may be directed by the Engineer. During the course of the work, the contractor shall make minor changes and add or delete signing, as may be requested by the City Traffic Engineer, to correct problem traffic situations which are a result of this contractor's operations. In special cases, the contractor shall be required to furnish a flagman as requested. The contractor shall perform periodic patrols of the repair area during both working and non-working hours to replace and/or set up any signs, barricades, etc., which may have been knocked down. The contractor shall furnish to the Tustin Police Department the telephone number of an employee to be on call during non-working hours to correct any sign, barricade or delineator problem. In the event City forces are required to correct any signing problem, due to the Tustin Police Department being unable to contact the contractor's "on-call" employee, the cost of said work shall be deducted from any monies due to the contractor. All flasher type barricades shall be maintained in operating condition. When the repair is completed, all traffic control signs, barricades and delineators shall be removed from the site and shall remain the property of the contractor. Payment- Payment for providing traffic control shall be considered included in the contract unit prices paid for other items of work and shall be considered full compensation for furnishing all labor, signing, delineators, barricades, equipment and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefore. E-III DUST CONTROL AND CLEANUP Description - This work shall consist of furnishing and applying water as required and as may be directed by the Street Superintendent and/or Engineer to control dust which is the result of the Contractor's operations. In addition, this work shall consist of sweeping and washing dirt and dust from streets and/or adjacent sidewalk if said dirt and/or dust is a result of the Contractor's operations. Construction Construction shall conform to the provisions ~f Section 10 of the Standard Specifications and these special provisions. The Contractor shall clean the adjacent street and sidewalk by washing or power brooming, as directed by the Engineer, of any excavated, removed, or spilled material which may have been spilled, tracked or blown onto adjacent streets or areas. Payment - Payment for dust control and cleanup shall be considered included in the contract unit prices paid for other items of work and shall be considered E-2 E-III DUST CONTROL AND CLEANUP (Continued) full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefor. E-IV SAWCUT (Bid Item No. 1) Description - This work shall consist of cutting existing asphalt concrete pavement around areas to be repaired to facilitate removal of the existing pavement. Construction -,Areas to be sawed shall be marked in the field by the Street Superintendent and/or City Engineer, except that in some cases, such as an emergency repair, the Contractor may be required to use his best judgement as to the required removal area. Cutting shall be accomplished by the use of a power-driven saw. The depth of cut shall be deep enough to produce a clean, straight break without loosening, cracking, or damaging adjoining asphalt concrete pavement. Measurement - Measurement of sawcutting shall be by the lineal foot as measured along the plane of the surface cut. P~ - Payment for sawcutting shall be at the contract price per lineal foot and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in cutting asphalt pavement as specified in these specifications and no additional compensation will be allowed therefore. E-V EXCAVATION & REMOVALS (Bid Item No. 2) Description - This work shall consist of excavating existing pavement, base & native material to facilitate deep lift asphalt concrete pavement repair. Construction - Excavation shall conform to applicable provisions of Section 19 of the Standard Specifications. All removed material shall be immediately removed from the site and disposed of at the Contractor's expense at a legal dumpsite. Measurement - Measurement of excavation and removals shall be by the cubic yard as determined from tons of replacement material utilized in the repair area as follows: ton of asphalt concrete = 0.51 cubic yards excavation ton of aggregate base = 0.54 cubic yards excavation Asphalt concrete used for feathering, skin patching, or overlay shall not be ut.ilzed to determine cubic yards of excavation. Payment - The contract price paid per cubic yard for excavation and remov~ll be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals to accomplish the work as specified herein and no additional compensation will be allowed therefore. E-3 ASPHALT CONCRETE OVERLAY, FEATHERING, & SKIN PATCHING (Bid Item No. 3) Description - This work shall consist of furnishing of materials for and spreading, placing, and compacting asphalt concrete overlays, feathering & skin patching as directed and to the thicknesses as specified by the Street Superintendent and/or City Engineer. This work shall also consist of applying paint binder (tackcoat) to the existing pavement surface to be overlayed, feathered, or skin patched. Materials - Asphalt concrete for overlays shall be Type B, 1/2" maximum, medium grading, conforming to the provisions of Section 39 of the Standard Specifications. The viscosity grade of paving asphalt shall be AR 4000 or AR 8000, as determined by the Engineer. The provisions in Section 39-2.02, "Aggregate", of the Standard Specifications shall have the following additional requirement: At least 75 percent, by weight, of the material retained on the No. ¢ sieve shall have at least one fractured face as determined by Test Method No. Calif. 205. Asphalt concrete for very thin overlays, feathering, and skin patching shall be Type B, 3/8" maximum, conforming to the above requirements. Paint binder (tackcoat) shall be SS1 Type asphaltic emulsion conforming to Section 94 of the Standard Specifications. Construction - Construction shall conform to the provisions of Section 39 of the Standard Specifications and these special provisions. Paint Binder - Just prior to spreading and compacting of overlays, feathering, or skin patching, the existing pavement surface shall be swept clean to the satisfaction of the Street Superintendent and/or City Engineer and paint binder (tackcoat} shall be applied to the existing pavement surface at the minimum rate of 0.10 gallon per square yard in conformance with Section 39-4 of the Standard Specifications. Spreading and Compacting Equipment - Spreading and compacting equipment shall conform to the provisions of Section 39-5 of the Standard Specifications and these special provisions. Spreading equipment to be utilized shall be dependent on the quantity of material to be spread and compacted at each particular location as follows: 100 tons or over - Self-propelled paving machine 50 to 99 tons - Approved spreader box 49 tons or less - Approved spreader box, motor grader, or hand raking Compacting equipment shall consist of a 12 ton, 2 axle tandem steel wheeled roller, except that in small areas or very thin feathering areas, a light weight steel wheeled roller may be used. The compacting equipment to be utilized at each particular location shall be subject to the approval of the Street Superintendent and/or City Engineer. The use of pneumatic rollers shall not be permitted. E-4 E'-VI ASPHALT CONCRETE OVERLAY, FEATHERING, & SKIN pATCHING (Continued) Spreading and Com~actint - Spreading and compacting shall conform to the provisions of Section 39-6 of the Standard Specifications. Traffic Control - The Contractor shall provide proper delineation, signing, and flagmen to keep traffic off of the freshly laid mat until it has been properly compacted and is set up sufficiently so that it will not be damaged by traffic. Refer to Section E-II, "Traffic Control", of these specifications. Measurement - Asphalt concrete shall' be measured by the ton weight of the combined mixture. The weight shall be determined as provided in Section 9-1.01 of the Standard Specifications. Material which is delivered to the project site and not used, or is rejected and specifically material which is delivered to the site in excess of that actually needed, will not be paid for. The Contractor shall provide weight tickets which clearly indicate the quantity of asphalt concrete used at each location. Payment- The contract unit price paid per ton for asphalt concrete shall be co~ed full compensation for furnishing all labor, materials, paint binder (tackcoat), tools, equipment, and incidentals to'accomplish the work as specified herein and no additional compensation will be allowed therefore. E-VII ASPHALT CONCRETE FOR DEEP LIFT REPAIRS (Bid Item No. 4) Description - This work shall consist of preparation of native material subgrade for, furnishing of materials for, and spreading~ placing, and compacting deep lift asphalt concrete pavement repairs to the thicknesses and where directed by the Street Superintendent and/or City Engineer. This work may also consist of constructing asphalt concrete pavement over aggregate base subgrade, in which case subgrade preparation is included in Bid Item No. 6. This work shall also consist of applying paint binder (tackcoat) to all vertical surfaces to be joined by new pavement. Materials - Asphalt concrete base course shall be Type B, 3/4" maximum, medium grading and asphalt concrete wearing course shall be Type B, 1/2" maximum, medium grading both conforming to the provisions of Section 39 of the Standard Specifications. The viscosity grade of paving asphalt shall be AR 4000 or AR 8000 as determined by the Engineer. The provisions in Section 39-2.02, "Aggregate," of the Standard Specifications shall have the following additional requirement: At least 75 percent, 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. Paint binder (tackcoat) shall be SS1 Type asphaltic emulsion conforming to Section 39 of the standard specifications. Construction - Construction shall conform to Section 39 of the Standard Specifications and these special provisions. Deep lift asphalt concrete pavement repairs shall be constructed to the total overall thickness as ordered by the Street Superintendent and/or City Engineer. In all cases, the repair thickness shall consist of base course asphalt concrete with the top layer being a wearing course 0.08' to 0.10' thick. E-5 E-VII ASPHALT CONCRETE FOR DEEP LIFT REPAIRS (Continued) Subgrade Preparation for Deep Lift Repairs - The subgrade for deep lift asphalt concrete repairs shall be graded smooth, level, and to a uniform depth and cross-section and compacted to 90% of maximum density at optimum moisture to a minimum depth of 6" below the subgrade plane as determined by California Test Method No. 231. Prior to placing asphalt concrete, the subgrade shall be subject to inspection and approval by the Street Superintendent and/or City Engineer. Any compaction tests ordered will be at City expense unless tests fail, in which case tests shall be at the Contractor's expense. Paint Binder - Prior to placing of asphalt concrete, existing vertical AC or concrete surfaces to be joined shall be cleaned of all loose material and shall have paint binder (tackcoat) applied at the minimum rate of 0.20 gallons per square yard. Spreading and Compacting Equipment - Spreading and compacting equipment shall conform to the requirements of Section 39-5 of the Standard Specifications, except that on the top wearing course layer, the spreading equipment utilized shall be dependent on the quantity of wearing course material to be spread and compacted at each particular location in conformance with Section E-VI under "Spreading and Compacting Equipment" of these specifications. Compacting equipment shal.1 conform to Section E-VI under "Spreading and Compacting Equipment" of these Specifications, except that in very smal.1 areas a vibrating tamper, as approved by the Street Superintendent and/or City Engineer, may be utilized. In general, it is desired that a steel wheeled roller'shall always be utilized to finish off the wearing course surface. Spreading and Com~actin9 - Spreading and compacting shall conform to the provisions of Section 39-6 of the Standard Specifications, except that the base course for deep lift AC repairs shall be spread and compacted in lifts not exceeding 0.40 foot in compacted thickness. Traffic Control - The Contractor shall provide proper delineation, signing and flagmen to keep traffic off of the freshly laid mat until it has been properly compacted an is set up sufficiently so that it will not be damaged by traffic. Refer to Section E-II, "Traffic Control," of these specifications. Measurement - Asphalt concrete shall be measured by the ton weight of the combined mixture. The weight shall be determined as provided in Section 9-1.01 of the Standard Specifications. Material which is delivered to the project site and not used or is rejected and specifically material which is delivered to the site in excess of that actually needed, will not be paid for. The Contractor shall provide weight tickets which clearly indicate the quantity of asphalt concrete used at each repair location. P~ - The contract unit price paid per ton of asphalt concrete shall be consi~e~full compensation for furnishing all labor, materials, tackcoat where required, tools, equipment, and incidentals to accomplish the work as specified herein including subgrade preparation and no additional compensation will be allowed therefore. E-6 E-VIII ADdUST MANHOLES OR WATER VALVES TO FINISHED GRADE (Bid Item No. 5) Description - This work shall consist of adjusting manhole frame and covers and water valve boxes to the finished pavement grade if required or where directed by the Street Superintendent and/or City Engineer. Materials - Concrete shall be Class B (5 sack mix) conforming to the provisions of Section 90 of the Standard Specifications. Asphalt concrete shall conform to the provisions of Section E-VII, "Materials," of these specifications. Raising devices used to adjust manhole covers to grade shall conform to the provisions of Section 15-2.05A and 75-1.02 of the Standard Specifications, except that galvanizing of the raising device will not be required. Construction - Construction sha]l conform to the provisions of Section 15-2.D5A of the Standard Specifications. If the contractor elects to not utilize a raising device, the following method shall be utililed: (1) After the asphalt concrete wearing course has been completed, circular holes shall be cut where the manhole or water valve exists. The I.D. of the circular hole shall be at least 18" larger than the O.D. of the manhole or water valve. (3) The manhole frame and cover or water valve box shall then be raised to the finished pavement grade. The manhole frame and cover shall be suitably blocked and grouted in place to the satisfaction of the Engineer. A concrete collar shall be poured around the manhole frame and cover or water valve box to within one inch of finished pavement grade. Said collar shall have a minimum depth of 12" and be placed on thoroughly compacted subgrade. (4) After concrete has cured sufficiently, it shall be tack coated and asphalt concrete shall be placed to finished pavement grade. All manholes shall be thoroughly cleaned of any construction debris which may have entered due to the Contractor's operations. Water valve boxes shall be checked with a valve key for proper operation. The County Sanitation Districts of Orange County, telephone 962-2411, shall be notified at least 24 hours prior to any work being performed on any trunk sewer manholes and all such work shall be done to their satisfaction. Traffic Control - Protection of the work shall be the responsibility of the Contractor and the Contractor shall provide delineation to the satisfaction of the Engineer to accomplish this. Measurement - Measurement shall be by a count of each manhole frame and cover or water va)ye box raised to finished grade. E-7 E-VIII ADJUST MANHOLES OR WATER VALVES TO FINISHED GRADE (Continued) P~ - The contract unit price per each for raising manholes or water valves to fi~grade shall be considered full compensation for furnishing all labor, materials, including asphalt concrete, tools, equipment and incidentals to accomplish the work as specified herein and no additional compensation will be allowed therefor. E-IX AGGREGATE BASE (Bid Item No. 6) Description - This work shall consist of furnishing, placing, spreading, and compacting aggregate base to the thickness where and as directed by the Street Superintendent and/or City Engineer. This work shall also consist of preparation of the subgrade for aggregate base. It is intended that aggregate base would be utilized to fill in repair areas where trenches may have settled excessively or in large repair areas where an AC/AB repair section is more economically feasible than a deep lift AC repair section. Materials - Aggregate base shall be Class 2 (1 1/2" maximum grading) conforming to Section 26 of the Standard Specifications, except that at least 65 percent, by weight, of the material retained on the No. 4 si eve shall have at least one fractured face as determined by Test Method No. Calif. 205. -. Construction - Aggregate base shall be spread and compacted in conformance with Section 26 of the Standard Specifications and these special provisions., Subgrade Preparation - In large reFair areas where an AC/AB repair section is to be utilized, the native material subgrade shall be graded smooth, level, and to a uniform depth and cross-section and compacted to 90% of maximum density at optimum moisture to a minimum depth of 6" below the subgrade plane as determined by California Test Method No. 231. Where aggregate base is to be utilized to fill areas where excessive trench settlement has occurred, the existing material shall be thoroughly compacted by any means as approved by the Street Superintendent and/or City Engineer prior to placing of the aggregate base. Aggregate Base Compaction - Aggregate base shall be compacted to 95% of maximum density at optimum moisture as determined by California Test Method No. 231. The finished surface of the aggregate base which is to receive asphalt concrete shall be smooth and level and allow for a uniform depth of asphalt concrete, Measurement - Aggregate base will be measured by the ton in accordance with the provisions in Section 9-1.01 of the Standard Specifications. Payment - Payment for aggregate base shall be at the contract price per ton and shall~e considered full compensation for furnishing all labor, materials, tools, equipment, water for compaction, subgrade preparation, and incidentals to accomplish the work as specified herein and as indicated on the plans and no additional compensation will be allowed therefor. E-8 E-X CRACK SEALING (Bid Item No. 7) Description - This work shall consist of preparation and placing of hot asphalt-rubber sealant material in joints and cracks where directed by the Street Superintendent and/or City Engineer. Materials - Asphalt-vulcanized rubber crack sealant material shall be Over-Flex MS sealant or approved equal and shall conform to the following requirements: (1) Asphalt shall be AR 1500 to AR 4000 viscosity grade conforming to the provisions of Section 92 of the Standard Specifications. (2) The granulated crumb rubber (100 percent vulcanized} shall meet the following requirements: PASSING SIEVE PERCENT NO. 8 ~ No. 10 98-100 No. 40 O-lO The si eves shall comply with the requirements of AASHTO 92. The specific gravity of the granulated crumb rubber shall be 1.15 plus or minus O.02.and shall be free of. fabric, wire, or other contaminating materials, except that up to 4% of calcium carbonate may be included to prevent particles from sticking together. (3) The proportions of asphalt and vulcanized rubber shall be 75%± 2% asphalt and 25%e 2% rubber. (4) The material will be packaged in approximately 60 lb. boxes wit'h a polyethelyn~ liner. The boxes shall be placed on pallets weighing approximately 2100 lbs. and shall be covered with a weather resistant covering. (5) The asphalt-rubber crack sealant material shall be accompanied by a certificate of compliance with these specifications from the manufacturer. Cover material for sanding shall be clean washed plaster sand. Equipment - The equipment to mix and apply rubberized asphalt crack sealer shall be Crafco Model BC-220 or approved equal of current manufacture. The joint and crack cleaning machine shall be Crafco Model 200 or approved equal of current manufacture. The joint cleaner attachment shall be Crafco Model 110 or approved equal of current manufacture. Construction - Prior to application of hot asphalt-rubber sealant, joints and cracks shal) be cleaned to remove dust, dirt, moisture, and foreign material or old sealant. Cracks less than 3/8" in width require routing to widen the cracks to a width of 1/2". E-9 % " ,~- CRACK SEALING (Continued) Asphalt-rubber sealant material ~hall be placed in joint and crack sealing machine for heating and mixing. The asphalt-rubber shall be heated to a minimum temperature of 300°F and not to exceed 350°F. The material shall be held in the mixing tank at application temperature until very little separation of the rubber and asphalt occurs when a bead of sealant material is placed on the pavement. Sealant material may be added to the mix as long as the minimum temperature of 300°F is maintained. Joints and cracks shall be sealed from the bottom up and sealant material shall be applied so it is flush with the existing pavement surface. Traffic shall not be allowed on the material until it has cured or until it has been sanded to prevent tracking. In addition to these specifications, the crack preparation and application of crack sealant material shall be in accordance with the manufacturer's recommendations or as outlined in the booklet, "Sealing and Resealing Cracks the Crafco Way," as published by Crafco Inc., P.O. Box 20133, Phoenix, Arizona 85036. Measurement - Measurement of crack sealing shall be by the lineal foot as .. measured with a 4'-0" outside diameter measuring wheel by following as close as possible with said wheel the configuration of the crack or joint which has been sealed. Payment- The contract unit price paid per linel foot for preparation of cracks and application of asphalt-rubber joint and crack sealant shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals to accomplish the work as specified herein and no additional compensation will be allowed therefor. E-lO CITY OF TUSTIN To: PURCHASING DEPARTMENTAL - [~'~"~; . - I ' REQUISITION ~GGE~ED VENDO~5 AND ADDRE~ A B Date Data Required C , QUANTI'TY UNIT DESCRIPTION Aeeoun't UNIT TOTAL. NumMi' PRICE AMOUNT SPECIAL INSTRUCTIONS TO PURCHASING SALES TAX · GRAND TOTAL AMOUNT f~r u*e by ~his cle~men~ for ~he. purl~aae i~