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HomeMy WebLinkAboutC-350 - Agreement and Contract (for Margaret Drive Assessment District)AGREEMENT AND CONTRACT CITY OF NEWPORT BEACH, CALIFORNIA r� THIS AGREEMENT, made and entered into this "&C day of .� „��- - ��� e 1959, by and between COX BROS CONSTRUCTION CO., as Contractor, Party of the First Part, and L. W. COVERT, as Superintendent of Streets of the City of Newport Beach, California,. under and by virtue of the authority granted to him as such officer under the provisions of the "Improvement Act of 1911", Division 7 of the Streets and Highways Code of the State of California, Party of the Second Part, W I T N E S S E T H: That, WHEREAS, Party of the First Part, as will fully appear by reference to the records of the proceedings of the City Council of the City of Newport Beach, California, on the 22nd day of June, 1959, was duly awarded the contract for the work hereinafter mentioned. NOW, THEREFORE, Party of the First Part, for the consideration hereinafter mentioned, promises and agrees with said L. W. COVERT, as Superintendent of Streets of said City, that it will do and perform, or cause to be done and performed,, in a good workmanlike manner under the direction and to the satisfaction of the said Superintendent of Streets,and furnish the .necessary materials required for the execution thereof, which materials shall comply with the specifications hereinafter mentioned and referred to, and be to the satisfaction of said Superintendent of Streets, all of the hereinafter mentioned work or improvement, to wit: me The construction of certain grading, plant mix pavement$ rock base, remodeling of a catch basin curb, gutter, driveway approaches, lowering manholes, together with appurtenances and appurtenant work in Margaret Drive and other rights of way in the City of Newport Beach, California, all as more particularly described in Resolution of Intention No. 4976, passed and adopted by the City Council of said City on the 27th day of April, 1959, and on file in the office of the City Clerk of said City. For further particulars, reference is hereby made to said Resolution of Intention No. 4976, and to the plans, profiles, drawings and specifications referred to in said Resolution of Intention, and all of said plans, profiles, drawings and specifications heretofore approved by the City Council of said City, are incorporated herein and made a part hereof and reference is hereby made thereto for a more particular description of said work. IT IS HEREBY AGREED by Party of the First Part that it will at its own cost and expense furnish all necessary materials and labor for said work and improvement, and that the materials used therein shall comply with the said speci- fications and be to the satisfaction of said Superintendent of Streets; and that it will within 45 days from the date hereof or within such further time as may be granted by the City Council of said City, complete the said work or improve- ment and turn the same over to said Superintendent of Streets ready for use and free and discharged of all claims and demands filed pursuant to Section 5292 of said "Improvement Act of 1911", whatsoever for or on account of any and all materials, provisions, provender or other supplies, or the use of imple- -2- ments or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, provided that if the Contractor disputes the correctness or validity of any claims filed, it may present to the Superintendent of Streets a surety bond to cover the amount of any such claims,parsuant to the provisions of Sections 5295 and 5296 of said "Improvement Act of 1911", of said Streets and Highways Code. That said Party of the Second Part, acting in his official capacity as such Street Superintendent and not individually, hereby fixes the time for the commencement of said work or improvement to be within fifteen (15) days from the date hereof, and promises and agrees that upon the performance of the covenants aforesaid by the Party of the First Part, that an assessment and diagram with an attached warrant will be issued for the total amount of the costs and expenses of the work less the contribution hereinafter set forth (including all incidental expenses as are necessarily incurred and chargeable to the work under these proceedings and authorized by the provisions of said Code, provided that the Party of the First Part shall pay to said Party of the Second Part such incidental expenses at the times and in the manner prescribed by said Code), and the cost of said work or improvement shall be at the following prices, to wit: (Item numbers below correspond with the item numbers of the bid submitted. All work to be installed completely in place in accordance with plans and specifications, for the designated prices below).. Item No. Description Unit Price 1 Grading, subgrade preparation and removal of obstructions complete in place 2 Plant -mix surfacting complete in place $ 1.30 per Cu. Yd. $ 6.25 per Ton -3 - -Item No Description Unit Price 3 Prime coat (SC-2) complete in place $ 55.00 per Ton 4 Untreated rock base complete in place $ 2.27 per Ton 5 Remodel grating catch basin to manhole complete in place $250.00 6 Construct concrete cross -gutter complete in place $ .57 per sq.ft. 7 Construct curb and gutter type "A" complete in place $ 1.43 per lin.ft. g Construct concrete driveway approach complete in place $ .45 per sq.ft. 9 Lower sewer manhole complete in place $ 50.00 ea. The City of Newport Bach will contribute towards the cost of the work the sum of Thirty -Five Hundred Dollars ($3500.00) out of its general fund. Party of the First Part further agrees to pay not less than the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute the contract, as heretofore determined by the City Council of said City on the 25th day of May, 1959, in accordance with Sections 1770 and 1777, inclusive, of the Labor Code of the State of California, and which said rate of per diem wages for said improvement so determined are as fully set forth in that certain Resolution No. 5009 adopted by the City Council On the 25th day of May, 1959, which Resolution and wage scale are hereby incorporated by reference and made a part of this Contract as though fully set forth herein. IT IS FURTHER AGREED that pursuant to the provisions of Section 1775 of the Labor Coder said Party of the First Part shall forfeit as a penalty to the said City of Newport Beach the sum of Ten Dollars ($10.00) for each calendar day or portion thereof, for each laborer, workman or mechanic employed if paid less than the stipulated prevailing rates for any work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of this agreement. IT IS FURTHER AGREED by the parties to this agreement that, under it, eight (8) hours of labor shall constitute a legal day's work and said Party of the First Part shall not require or permit any laborer, workman or mechanic or any subcontractor, employed to perform any of the work included in this Contract, to labor more than eight (8) hours during any one calendar day except in case of extra -ordinary emergency caused by fire, flood or danger to life or property and except as provided in. Section 1817 of said Labor Code; and it is further stipulated and agreed that the Party of the First Part shall forfeit as a penalty to the said City of Newport Beach the sum of Ten Dollars ($10.00) for each laborer, workman or mechanic employed in the execution of this Contract, by it or by any subcontractor under it, upon any of the work included in this Contract for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of Section 1810 to Section 1816, inclusive, of said Labor Code. And the Party of the First Part does hereby further agree to keep full, true and accurate records of the names and actual hours worked by the respective workers employed by it under this Contract, and to allow access to the same at any reasonable hour to any person having the authority to inspect the same, as contemplated under the provisions of said Labor Code. IT IS FURTHER AGREED that Party of the First Part, or any subcontractor doing or contracting to do any part of the work contemplated by this agreement, shall not knowingly employ on said work any alien except in case of extraordinary 2615 emergency caused by fire, flood or danger to life or property; and it is further agreed that the Contractor shall forfeit to said City of Newport Beach the sum of Ten Dollars ($10.00) for each alien employed by it or by any subcontractor under it in the execution of this Contract, for each and every calendar day or portion thereof during which such alien is knowingly employed, or caused or allowed to be employed. The Contractor further agrees to be bound by, and to comply with, all of the other provisions of Sections 1950 to 1854, inclusive, of said Labor Code. IT IS FURTHER AGREED that Party of the First Part, or any subcontractor doing or contracting to do any part of the work contemplated by this agreement, will use only such unmanufactured articles, materials and supplies as have been mined or produced in the United States, substantially all from articles, materials and supplies mined, produced and manufactured, as the case may be, in the United States,, pursuant to the provisions of Sections 4300 to 4305, inclusive;, of the Government Code of the State of California. IT IS ALSO UNDERSTOOD that serial bonds, to represent each unpaid assessment of Fifty ($50.00) Dollars, or more, and bearing interest at the rate of six per cent (6%) per annum, shall be issued hereunder in the manner provided by said "Improvement Act of 1911", being Part 5, Division 7 of the Streets and Highways Code of the State of California, said bonds extending over a period ending nine (9) years from the 2nd day of January next succeeding the next October 15th following their date. AND IT IS FURTHER AGREED and expressly understood by the parties to this agreement that in no case, except where it is otherwise provided by law, as hereinbefore provided,, will said City of Newport Beach or any officer thereof be liable for any portion of the expenses of the work aforesaid, nor for any delinquency of persons or property assessed. IN WITNESS WHEREOF, the parties hereto have caused this Contract and Agreement to be duly executed with all the formalities required by law, on the day and year in this Contract and Agreement first above written. COX BROS , ,�{SDJOTRUTION CO. BY ///�-% /Jest Party of the First Part L. W. COVERT, Superintendent of Streets of the City of Newport Beach, California Party of the Second Part APPROVED AS TO FF R���o� CITY ATTORNEY -7- The within and foregoing bond is to my satisfaction and I hereby approve the same this U� day of 1959. M Lo W. COVERT, as Superintendent of Streets of the City of Newport Beach, California -2 - BOND FOR LABOR AND MATERIALS KNOW ALL MEN BY THESE PRESENTS, that COX BROS. CONSTRUCTION CO., as Principal, and CONTINENTAL CASUALTY COM�ANY , a corporation organized and existing under and by virtue of the laws of the State of y ' ';;,;%:'' , as Surety,, are jointly and severally bound unto the City of Newport Beach, California,. in the sum of FOUR THOUSAND FIVE HUNDRED NINETY AND 48/100 ($4,590.48) DOLLARS, lawful money of the United States of America, to be paid as hereinafter provided, for which payments well and truly to be made we bind ourselves, our and each of our heirs, successors, executors, administrators and assigns, jointly and severally by these presents. WHEREAS, the above bounded Principal has been awarded and is about to enter into that certain Contract, hereto annexed and made a part hereof, with L. W. COVERT, as Super- intendent of Streets of the City of Newport Beach, California, to do all the work described in said Contract hereto attached and referred to for a particular description of said work. NOW, THEREFORE, if the said Principal or its subcon- tractors shall fail to pay for any materials, provisions, provender or other supplies or the use of implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind,, or for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or improvement, the said Surety will pay the same to an amount not exceeding the sum above specified in this Bond and, also, in case suit is brought upon this Bond, a reasonable attorney's fee to be fixed by the Court. -1- This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the provisions of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California, and all such persons, companies and corporations and their assigns shall have a right of action in any suit brought upon this Bond,.. WITNESS our hands and seals this day of 1959. C ED M PAL CONTINENTAL CASUALTY COMPANY A C r-,ation BY F. 1RiA:?D_Z BRI` ID, JR, Its Attorney -in -Fact I SURETY The within and foregoing bond is to my satisfaction,, and I hereby approve the same this�ay of 1 f 1959 ,J L. W. COVERT,, As Superintendent of Streets of the City of Newport Beach, California I "� AS �g": pED �i ri W. ,<�HARAMZA CITY ATFPR.;VEY -2- CITY OF NEWPORT BEACH ORANGE COUNTY CALIFORNIA SPECIFICATIONS FOR THE CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN MARGARET DRIVE FROM IRVINE AVENUE TO APPROXIMATELY 660 FEET WESTERLY THEREOF ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ON THE 2 7 r5 DAY OF , 1959 By Assessment Bonds City Council A ` COX PROS. CONSTRUCTION CO. P. O. DRAWER C ORANGE COUNTY STANTON, CALIFORNIA James B. Stoddard, Mayor J. Frank Atkinson Kenneth C. Kingsley Charles E. Hart Hans J. Lorenz C. A.. Higbie Harvey Somers Robert Shelton City Manager J. B. Webb Public:Works Director CCx PROS CONI STRUCTIOCA Box C i�� P R O P O S A L City Council City of Newport Beach California Gentlemen: The undersigned hereby proposes and agrees to furnish all required labor, materials, transportation, plant, tools and services for the improvement of MARGARET DRIVE, as per Resolution of Intention No.`'%',%� of the City Council of the City of Newport Beach and in strict confomity with the plans and specifications prepared therefor by the Engineer, at the following prices to wit: ITEM NO. Item With Unit Price Written in Words 1 Grading, Subgrade Preparation and Removal of Obstructions Complete in Place at 61 � JJ Per Cubic Yard 2 Plant -Mix Surfacing Complete in Place at Per T ns 3 Prime Coat (SC-2) Complete in Place at Per Tons 4 Untreated Rock Base Complete in Place at Per Tons Price in Figures 9 0- z 7 COX BROS. CONSTRUCTION BOX C ST.�IUTO�;. CALIFORNIA 5 Remodel Grating Catch Basin to Manhole Complete in Place at / Sum 6 Construct Concrete Cross -Gutter Complete in Place at Per Square Foot 7 Construct Curb and Gutter Type "A" Complete in Place at Per Lirf'eal Foot 8 Construct Concrete Driveway Approach Complete in Place at Per Square Foot 9 Lower Sewer Manhole Complete in Place at Per Each 'VS1"?,4---U / y-3 �- 415 $ �rO , r/1� COX BROS. CONSTRUCTION, BOX C ST���fTON. CALIFORNIA Orange County If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within twenty-five (25) days after the first publication of "Notice of Award" of said contract, and to begin work thereafter within fifteen (15) days from the date of the execution of the contract. The undersigned has examined the location of the proposed work, and is familiar with the plans and specifications, and the local conditions at the place the work is to be done. Enclosed is bidders bond certified check or, ./cashier's check N0, of the i��inrvyf / r&sLn//s k' for /o „ �,�/fi%i'which is not less than ten per cent (10%) of the aggregate amount of this bid, payable to the City of Newport Beach, California, and which is given as a guarantee that the undersigned will enter into the contract if awarded to the undersigned. The undersigned further agrees that in case of default in executing the required contract with necessary bonds, within the time above specified, the proceeds of the check or bond accompanying this bid shall become the property of the City of Newport Beach. COX BROS. CONSTRUCTION BOX C STANTO',', CALIFORNIA 01-ange County � 'Ir3 E. coy., JR :ALLVIN S. COX ROIDERICK D. CI',X T.AATHEW A. COX luunor[ Co. OX igna ure of Bi er KODERICK D6 C_: ; COX BROS. CONSTRUCTION BOX C • STANTON. CALIFORNIA Ai G;;58- ;E)WM Business Address 2 Telephone Number Contractor's License No. e ,3,9,5� Dated the / F day of �v 1959. I N D E X Pa ge SECTION 1 INFORMATION FOR BIDDERS 1-01 Securing Documents 1 1-02 Proposals 1 1-03 Withdrawal of Bids 2 1-04 Request for Interpretation 2 1-05 Contract Documents 2 1-06 Opening of Bids 3 1-07 Award of Contract or Rejection of Bids 3 1-08 Bidders Interested in More Than One Bid 3 1-09 Execution of Contract 3 1-10 Bonds and Insurance 3 1-11 Workmen and Wages 3 1-12 Land, Easements, Permits 4 1-13 Copy of the Advertisement for Bids 4 1-14 Assignment of Contract 4 1-15 Local Labor 4 1-16 Agreement and Bond Forms 4 SECTION 2 GENERAL PROVISIONS 2-01 Definitions of Terms 5 2-02 Plans 6 2-03 Notes on Plans 6 2-04 Work 6 2-05 Sub -Contractors 6 2-06 Materials and Samples 7 2-07 Supervision 7 2-08 Inspection 7 2-09 Setting Stakes 7 2-10 Examination of Work 8 2-11 Methods and Appliances g 2-12 Labor 8 2-13 Preservation of Monuments 8 2-14 Removing Obstructions 8 2-15 Public Utilities 9 2-16 Maintenance of Existing Improvements 9 2-17 Defective Work 9 2-18 Barriers, Lights, etc. 9 2-19 Observing Laws and Ordinances 10 2-20 Streets to be Kept Clear 10 2-21 Loss or Damage 10 2-22 Fire Hydrants, Access to 10 2-23 Fees and Royalties 10 2-24 Workmen's Compensation Insurance 10 2-25 Hours of Labor 11 2-26 Safety Requirements 11 2-27 Prevailing Wage 11 SECTION 2 GENERAL PROVISIONS (Cent.) 2-28 Alien Labor 11 2-29 Labor Discrimination 11 2-30 Domestic Materials 11 2-31 Registration of Contractors 12 2-32 Restoration of Streets and Sidewalks 12 2-33 Protection of Work and Cleaning Up 12 2-34 Allowable Variation 12 2-35 Final Inspection 12 2-36 Contractors Insurance 12 SECTION 3 SPECIAL PROVISIONS 3-01 General Description of Work 14 3-02 Plans 14 3-03 Estimated Quantities 14 3-04 Datum Plane 15 3-05 Improvement Act of 1911 15 3-06 Commencement, Prosecution and Completion 15 ,SECTION 4 CONSTRUCTION DETAILS 4-01 State Standard Specifications 16 4-02 Grading, Subgrade, Preparation and Removal of Obstructions 16 4-03 Untreated Rock Base 17 4-04 Plant Mix Surfacing 17 4-05 Concrete Curb, Gutters and Cross Gutters 17 4-10 Manholes 17 4-13 Water Mains 18 SECTION 1 INFORMATION FOR BIDDERS 1-01 SECURING DCCUMENTS Plans, specifications and other contract documents may be examined at the office of the City Clerk, being located at 3300 W. Newport Boulevard, Newport Beach, California. Copies of the plans and specifications may be obtained from the City Engineer upon a deposit of Ten Dollars ($10.00) for each set. The amount so deposited will be refunded upon return of said plans and specifications in good condition within ten (10) days after the receipt of bids. 1-02 PROPOSALS Bids to receive consideration shall be made in accordance with the following instructions: (a) Bids shall bo-mado.only upon -the form provided therefor; bids shall be properly executed and the signatures of all persons signing shall be in long hand; all items of each schedule bid upon shall be properly filled out, and numbers shall be stated both in words and figures. In case words and figures do not agree, the words shall govern and the figures shall be disregarded. If any unit price and the total amount named by the bidder for any item are not in agreement, the unit price alone will be considered as representing the bidders intention, and the totals will be corrected to conform thereto. All prices or sums shall include all sales and other taxes which may be payable. (b) Bids shall be without interlineations, alterations, or erasures and shall not contain any recapitulation of the work to be done. Alternative proposals, special conditions or other limitations or provisions affecting the bid, excepting as such be called for by the contract documents, will render the bid informal and may cause its rejection (c) No oral, telegraphic or telephonic proposals or modifications of the bid will be considered. (d) Bids shall be accompanied by a certified or cashier's check or a bidder's bond, acceptable to the City, for an amount not less than ten (10%) per cent of the total bid price, made payable without condition to the order of the City of Newport Beach. Said check or bond shall be given as a guarantee that the bidder will, if awarded the contract, promptly execute such contract in accordance with the proposal and in the manner and form required by the contract documents, and will furnish good and sufficient bond for the faithful performance of the same. In case the bidder fails or refuses to execute the contract agreement within the specified time, the cashier's check or the bidder's bond, as the case may be, shall be forfeited to the City. The bid security of the successful bidder will be returned to him upon the execution of the contract agreement and of the bonds required by the contract documents. (Sec. 1-1) -1- (e) Before submitting a bid, the bidder shall carefully examine the plans, read the specifications and the forms of all other contract documents, shall visit the site of the work and shall fully inform himself as to all existing conditions and limitations, including the character of equipment and facilities needed preliminary to and during the prosecution of the work, and as to all other matters which can in any way affect the work to be done. (f) If the proNosal is made by an individual, it shall be signed by him and his full name and address shall be giver., if it is made by a firm, it shall be signed with the co -partnership name by a member of the firm, who shall also sign his own name, and the name and address of each member of such firm shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers, the corporate seal affixed, and the address of the corporation, the names of the officers of the corporation and the state in which incorporated, shall be given. (g) Bids shall be delivered to the City Clerk of the City of Newport Beach at his office at 3300 W. Newport Boulevard, Newport Beach, California, on or before the day and hour set for filing of bids in the advertisement for bids as published, enclosed in a sealed envelope bearing the title of the work and the name of the bidder, but no other distinguishing mark. It is the sole responsibility of the bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids shall be returned to the bidder unopened. 1-03 WITHDRAWAL OF BID Any bidder may withdraw his bid, either personally or by telegraphic or written request, at any time prior to the schedule closing time for the receipt of bids. It is the sole responsibility of the bidder to see that any such telegraphic or written request is delivered to the City Clerk prior to said closing time. 1-04 REQUEST FOR INTERPRETATION If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans, specifications, or other proposed contract documents, or finds discrepancies in, or omission from the drawings or specifications, he may request the Engineer, i,i writing, for an interpretation or correction thereof. The person submitting such a request shall be responsible for its prompt delivery. All such interpretations of the contract documents will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or delivered to each person receiving a set of contract documents at his last address of redord. The City will not be responsible for any other explanations or interpretations of the contract documents. 1-05 CONTRACT DCCUMENTS The contract documents will consist of the Advertisement for Bids, the Information_ for Bidders, the Proposal Form and_Bid Schedule, the General Provisions, the Special Provisions, the Snecifications and Plans, the Faithful Performance and Labor and Material _Bonds, the Insurance Documents, the Agreement and all Addenda setting forth any modifications of interpretations of said documents. All of the provisions thereof shall ba given due consideration by the bidder and shall be covered by the bid. (Sec. 1-2) -2- 1-06 OPENING OF BIDS Bids shall be opened and publicly read aloud at the time set in the Advertisement for Bids, in the City Clerk's office, 3300 W. Newport Boulevard, Newport Beach, California. Bidders or their representatives and other interested persons may be present. 1-07 AWARD OF CONTRACT OR REJECTION OF BIDS The contract will be awarded to the lowest responsible bidder complying with these instructions and with the Advertisement for Bids. The City of Newport Beach, however, reserve the right to reject any or all bids and to waive any informality in the bids received. The award of the contract, if it be awarded, will be in a reasonable time after the opening of the proposals. 1-08 BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation, shall be allowed to make or file, or be interested in more than one bid for the same work, except where alternative bids are called for. A person, firm, or corporation who has submitted a sub -proposal to a Bidder, or who has quoted prices on materials to a Bidder, is not thereby disqualified from submitting a sub -proposal or quoting prices to other bidders. 1-09 EXECUTION OF CONTRACT The contract shall be signed by the successful bidder and returned, together with all required bonds, within twenty-five (25) days after the first publication of Notice of Award. No proposal shall be considered binding upon the City until the execution of the contract. 1-10 BONDS AND INSURANCE The bidder submitting the accepted bid, simultaneously with the execution of the contract, will be required to furnish a Labor and Material Bond in an amount equal to fifty per cent (50%) of the contract price, and a Faithful Performance Bond in an amount equal to fifty percent (50%) of the contract price; said bonds shall be secured from a surety company satisfactory to the City of Newport Beach. The contractor will be required to obtain insurance in the amount and character set forth in the General Provisions, including Compensation and Employers' Liability Insurance, Public Liability and Property Damage Insurance, Automobile Public Liability Insurance, and Fire Insurance. 1-11 WORKMEN AND WAGES Attention is specifically directed to the provisions in the General Provisions having to do with Workmen and Wages, including hours of work, wage rates, and employment of aliens. The successful bidder will be required to observe all applicable provisions of the Labor Code of the State of California. (Sec. 1-3) -3- 1-12 LAND, EASEMENTS, PERMITS The City will provide all necessary land, rights -of -way, easements, permits, and licenses for permanent structures or improvements, but the contractor will obtain and pay for all permits and licenses of a temporary nature necessary for the prosecution of the work, and for all additional areas required by him outside of the limits of right-of-way provided. 1-13 A COPY OF THE ADVERTISEMENT FOR BIDS A copy of the Advertisement for Bids shall be attached to the Proposal Form and Bid Schedule by the contractor submi.ttin-a a bid. 1-14 ASSIGNMENT OF CONTRACT No assignment by the contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the contractor, will be recognized by the awarding authority unless such assignment has had the prior approval of the awarding authority. No Assignment will rgceive approval of the awarding authority unless the instrument of assignment contains a clause to the effect that is agreed that the funds to be paid the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms, or corporations rendering such services or supplying such materials. Provided, that this provision shall not prohibit the contractor from assigning the benefits arising out of the contract. 1-15 LOCAL LABOR All things being equal, preference in the performance of labor shall be given to a bona fide resident of the City of Newport Beach. For the purpose of determining preference, a bona fide resident is hereby determined to be a person whose regular residence has been for at least one year continuously prior to the publication of the Notice Inviting Bids for the work on which such labor is to be performed, within the City Limits of the City of Newport Beach. In the event that there are not a sufficient number of qualified Newport Beach residents available to do the work without delay or inefficiency, the contractor may, upon written application and after approval by the Engineer, employ such non-residents as may be required to properly perform the work. The contractor shall keep the Engineer fully informed as to the residence of all men employed on the work, either directly or on sub -contracts. 1-16 AGREEMENT AND BONDS FORMS The form of Agreement which the successful bidder, as contractor, will be required to execute, and the forms of bonds he will be required to furnish, are on file at the office of the Engineer. These forms may be examined upon request. (sec. 1-4) -1�- SECTION 2 GENERAL PROVISIONS 2-01 DEFINITIONS OF TERMS Whenever in these specifications, or in any documents or instruments where the specifications govern, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: (a) CITY - The City of Newport Beach, Orange County, California. (b) CITY COUNCIL - The City Council of the City of Newport Beach, California. (c) ENGINEER - The City Engineer of the City of Newport Beach or his authorized representative. (d) SUPERINTENDENT OF STREETS - Superintendent of Streets of the City of Newport Beach or his authorized representatives. (e) CONTRACT - The written agreement governing the performance of the work and the furnishing of labor and material in the construction. The Contract shall include the Advertisement for Bids (sometimes called the Notice to Contractors), the Information for Bidders, the Proposal, the General Provisions, the Special Provisions, the Plans and Specifications, the Faithful Performance and Labor and Material Bonds, the Insurance Documents and any and all addenda setting forth any modifications or interpretations of said documents. (f) BIDDER - Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. (g) CONTRACTOR - The persons or co -partnerships or corporations with whom this contract is made by the City. (h) SUB -CONTRACTOR - An individual, firm or corporation supplying labor and materials, or labor only, or equipment, for work at the site of the project whose contractual relationship is with the contractor and not with the City. (i) LEGAL ADDRESS OF CONTRACTOR - The legal address of the contractor shall be the address given on the Contractor's Bid and is hereby designated as the place to which all notices, letters or other communications to the contractor shall be mailed or delivered. (j) PLANS - The official plans, profiles, typical cross -sections, general cross -sections, and working drawings, or exact reproductions thereof, which show the locations, character, dimensions and details of the work to be done, and which are to be considered a part of the Contract supplementary to these specifications. (k) SPECIFICATIONS - The directions, provisions and requirements contained herein, as supplemented by such special provisions as may be necessary, pertaining to the method and manner of performing the work and to the qualities and quantities of material to be furnished under the contract. (Sec. 2-1) -5- (1) LABORATORY - The materials Testing Laboratory authorized by the Engineer to test materials and work involved in the contract. (m) PROPOSAL - An offer, properly signed and acknowledged to furnish material and to perform work called for by the contract documents. (n) STREET - Public street, road, highway, boulevard, avenue, court, lane, or other public places, (o) ROAD14AY - The area between curbs or curb lines or that portion of the street right-of-way included within the limits of road improvements. (p) SIDEWALK AREA - That portion of the street between the property line and the adjacent curb or curb lines. (q) A.S.T.M. - The American Society for Testing Materials. All references to the specifications of the A.S.T.M. are understood to refer to the current specifications as revised or amended at the date of receipt of bids. (r) WORK - All the work specified in the special provisions, proposal and contract or indicated on the plans as the contemplated improvement covered by the Contract. 2-02 PLANS The work specified shall be done in accordance with the plans hereto attached and made a part of these specifications. Copies of all Plans and Specifications furnished by the Engineer shall be kept on the work and access thereof shall at all times be accorded the Engineer. 2-03 NOTES ON PLANS Special provisions in the form of notes or details, modifying these specifi- cations in particular cases., may be embodied in the plans and in such cases, such special provisions shall supersede thew specifications in those particulars. 2-04 WORK The work to be done under these specifications shall include the furnishing of all labor, material, service and equipment necessary or appurtenant to the construction and completion of all of the work shown on the plans, in accordance with these specifications and in accordance with the Resolution of Intention therefore. All work shall, during its progress, and upon completion, conform to lines, elevations, and grades as shown on said plans. 2-05 SUB -CONTRACTORS No Sub -contractor will be recognized as such:, All persons engaged in the work of construction will be considered as employees of the Contractor. (Sec. 2-2) -�® 2-06 MATERIALS AND SAMPLES All materials must be specified quality and fully equal to samples, where samples are required, The Contractor shall furnish to the Superintendent of Streets for test, whenever requested and free of charge, samples of all materials proposed to be used in the work. Rejected material must be immediately removed from the work by the Contractor and shall not be brought again upon the work. Each day the Contractor shall furnish the Superintendent of Streets with a duplicate copy of all delivery slips and shipment tags or slips for all material delivered on the work. Tags or slips shall show the actual quantity of material received on the work. 2-07 SUPERVISION All work done hereunder shall be done in a thorough and workmanship manner, under the direction and to the satisfaction of the Superintendent of Streets, and the materials used shall comply with these Specifications and be acceptable to the Superintendent of Streets. Work shall be commenced at such time and at such points as may be approved by the Superintendent of Streets, and shall be carried on diligently and without unnecessary or unreasonable delay. 2-08 INSPECTION The Contractor shall prosecute the work only in the presence of the Superin- tendent of Streets or his authorized representative and any work done in the absence of said Superintendent of Streets or his authorized representative shall be subject to rejection if found not in accordance with the contract documents. The City shall be responsible for the presence of the Superintendent of Streets at all times during the prosecution of the work. The Contractor shall give notice to the Superintendent of Streets at least twelve (12) hours before beginning work and shall furnish said Superintendent of Streets all reasonable facilities for obtaining full information respecting progress and manner of doing the work and the character of the materials. 2-09 SETTING STAKES The Contractor shall give twenty-four (24) hours notice in writing when he will require the service of the Engineer for laying out any portion of the work. The Contractor shall dig all holes necessary for line and grade stakes, and shall preserve all stakes set for line, grades, or measurements of the work in their proper places until authorized to remove them by the Engineer. Any expense incurred in replacing said stakes, which the Contractor may have failed to preserve, shall be borne by the Contractor. At no time shall less than three consecutive grade points be used in common so that any variation from a straight line may be detected and in case any such discrepancy is found, it must be reported to the Engineer. Otherwise, the Contractor shall be responsible for any error in grade of the finished work. (Sec. 2-3) -7- 2-10 EXAMINATION OF WORK Bidders must examine and judge for themselves as to the location of the proposed work, the nature of the excavation to be made, and the work to be done. The plans for the work will show conditions as they are supposed, or believed by the Engineer to exist, but it is neither intended nor to be inferred that the conditions as shown thereon constitute a representation by the City or Engineer that such conditions are actually existent, nor shall they be liable for any loss sustained by the Contractor as a result of any variance between conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise. 2-11 METHODS AND APPLIANCES The Contractor shall use such methods, equipment and appliances for the performance of the work, that will secure work of first class quality and sufficient to complete the work in the time agreed upon. The Superintendent of Streets may order the Contractor to improve, change, or increase such methods, equipment and appliances if, in his opinion they may be inade- quate or insufficient, but failure of the Superintendent of Streets to make such order will not relieve the Contractor from his obligations to perform the work in accordance with the specifications and within the time required. The Contractor shall pile, house and protect from any damage, all cement, joint compound, pipe, brick, sand, stone, steel or any other materials used on the work, to the satisfaction of the Superintendent of Streets. 2-12 LABOR Any Superintendent, foreman, laborer or other person employed on the work by the Contractor, who fails or refuses to perform the work in the manner specified herein, shall be discharged immediately and such person shall not again be employed on the work. At all times during the absence of the Contractor from the work, he must leave a competent agent, or superintendent in charge, and all notices, communications, orders, or instructions given, sent to or served upon such agent or superintendent shall be considered as having been served upon the Contractor. 2-13 PRESERVATION OF MONUMENTS The Contractor shall not disturb any monuments or stakes found on the line of the improvements without permission from the Engineer, and he shall bear the expense of resetting any monuments or stakes which may be disturbed without permission. 2-14 REMOVING OBSTRUCTIONS \ When the proper completion of the work requires their temporary or permanent removal, the Contractor shall at his own expense remove and without unreasonable delay, temporarily or permanently replace or relocate in a workmanlike manner and to the satisfaction of the Superintendent of Streets, all water pipes, gas pipes, drainage lines, irrigation lines, pipe lines, conduits, culverts, roads, driveways, fences, bridges, railroad tracks, wires, poles, towers, retaining walls, building, curbs, gutters, cement walks, trees, palms, shrubs, lawns and all other improvements of what- ever character, not required by law to be removed by the owner thereof, and all such improvements temporarily removed shall be maintained until permanently replaced, all at the Contractor's expense. (Sec. 2-4) -8- No trees, palms, shrubbery or ornamental vegetation shall be removed without first obtaining, in writing, the consent of the Superintendent of Streets. 2-15 PUBLIC UTILITIES In case it should be necessary to move the property of any owner of a public utility or franchise, the cost of which, because of the terms of any franchise or for any other reason, must be borne by the owner thereof, such owner will, upon proper application by the Contractor, be notified by the Superintendent of Streets to move such property within a specified reasonable time, and Contractor shall not interfere with said property until after the expiration of the time specified. In case it should be necessary to move or temporarily maintain the property of any public utility or any other property, the cost of which is not required, to be borne by the owner thereof, the Contractor shall bear all expenses incident to the removal or temporary maintenance of such property in a manner satisfactory to the owner thereof, whether such removal or temporary maintenance be done by the owner thereof, it being understood that in such cases the owner has the option of doing such work with his own forces or permitting the work to be done by the Contractor. The right is reserved to the City and to owners of public utilities and franchises to enter at any time upon any street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the work and for the purpose of maintaining and making repairs in their property. 2-16 MAINTENANCE OF EXISTING IMPROVEMENTS Unless otherwise indicated on the plans or in these specifications, or unless otherwise called for by the owner thereof, all water, gas, oil or irrigation lines, lighting, power or telephone conduits or wires, or sewer lines, structures or house connections in place, and other surface or subsurface structures or lines, shall be maintained by the Contractor during progress of the work; provided that should the Contractor in the performance of the work disturb, disconnect or damage any of the above, all expenses, of whatever nature, arising from such disturbances or in replac- ing or repair thereof, shall be borne by the Contractor. 2-17 DEFECTIVE WORK No work which is defective in its construction or deficient in any of the requirement of these specifications will be considered as accepted in consequence of the failure of any officer of the City or inspector connected with the work, to point out said defects or deficiency during construction. The Contractor shall correct any imperfect work, whenever discovered, before the final acceptance of the work. 2-18 BARRIERS. LIGHTS, ETC. The Contractor shall keep good and sufficient guards around said work, by fence or otherwise to prevent accident,; and shall provide and maintain all necessary guards, barriers, temporary bridges, watchmen and lights. The Contractor shall hold the City and all officers thereof harmless from any and all suits for damages arising from or out of and during the performance of the work, or any portion thereof, and before the same has been accepted. (Sec. 2-5) -9- 2-19 OBSERVING LAWS AND ORDINANCES The Contractor shall observe the laws of the State of California in regard to public improvements and contracts and all local ordinances of the City of Newport Beach in which any work is performed under the Contract. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City. 2-20 STREETS TO BE KEPT CLEAR Where necessary, streets in which work is being done may be closed at any time, provided that each alternate street crossing is kept open. This requirement may be voided for periods of not to exceed forty-eight (48) hours where directed by the Superintendent of Streets. The Contractor shall provide and maintain all necessary detours and temporary bridges. 2-21 LOSS OR DAMAGE All loss or damage arising from the nature of the work to be done, or from any unforseen obstruction or difficulties, either natural or artificial, which may be encountered in the performance of the work or from any action of the elements or other- wise, during the progress of the work and before acceptance thereof, or from any act or omission on the pa-t of the Contractor, or any agent or person employed by him, occurring in the course of the work, shall be sustained and borne by the Contractor. 2-22 FIRE HYDRANTS, ACCESS TO Free access shall be at all times, to all fire hydrants. 2-23 FEES AND ROYALTIES All fees or royalties for any patented invented article or arrangement in any manner connected with the work, or with the specifications, shall be included in the price stated in the proposal, and the contractor shall protect and hold the City harmless against any and all demands or claims for such fees or royalties, whether such demands or claims are filed during the life of the contract or after its completion. 2-24 WORKMAN'S COMPENSATION INSURANCE The Contractor shall maintain adequate Workmen's Compensation Insurance under the laws of -the State of California for all labor employed by him or by any sub- contractor under him who may come within the protection of such Workmen's Compensation Laws of the-Stat.' o , California--," wild shall--provid&-where practicable, employer's general liability insurance for the benefit of his employees, and the employees of any sub -contractor under him not protected by such compensation laws, and proof of such insurance, satisfactory to the City, shall be given by filing certificates of such insurance with the City. (Sec. 2-6) -10- 2-25 HOURS OF LABOR The Contractor shall forfeit, as penalty to the City of Newport Beach, Ten Dollars ($10) for each laborer, workman, or mechanic employed in the execution of the contract by him, or by any sub -contractor under him, upon any of the work herein mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code, and in particular, Sections 1810 and to 1816 thereof, inclusive. 2-26 SAFETY REQUIREMENTS The Contractor shall comply with all rules and regulations of the Industrial Accident Commission of the State of California, relating to the work to be done, and shall promptly provide the safety, sanitary and medical facilities as may be required by properly constituted authorities of the State of California. 2-27 PREVAILING WAGE The Contractor shall forfeit as penalty to the City of Newport Beach Ten Dollars ($10) for each laborer, workman, or mechanic employed, for each calendar day or portion thereof, such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinafter stipulated for any work done under the attached contract, by him, or by any sub -contractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 thereof, inclusive. The prevailing rates so determined by the City Council of the City of Newport Beach will be set forth in the Notice Inviting Bids and the contract. The Contractor shall keep full, true and accurate records of the names and actual hours worked by the respective workers employed by them under the contract, and shall allow access to the same at any reasonable hour, to any person having the authority to inspect the same. 2-28 ALIEN LABOR The Contractor shall forfeit as penalty to the City of Newport Beach Ten Dollars MO) for each alien knowingly employed in the execution of the contract, by him or by any sub -contractor under him on any of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and in particular, Sections 1850 to 1854, thereof, inclusive. 2-29 LABOR DISCRIMINATION No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons and every contractor for public work violating this section is subject to all the penalties imposed for a violation of Chapter 1 of Part VII, in accordance with the provisions of Section 1735 of the Labor Code. 2-30 DOMESTIC MATERIALS Only such unmanufactured articles, materials and supplies as have been mined or produced in the United States, and only such manufactured articles, materials and supplies as have been manufactured in the United States, substantially all from articles, materials, and supplies mined, produced or so manufactured, as the case may be, in the United States, shall be used in the performance of the contract in accordance with the provisions of Sections 4300 to 4.305 of the Government Code. (Sec. 2-7) -11- Any person, firm, or corporation who fails to comply with the provisions of the act shall not be awarded any contract to which the act applies for a period of three (3) years from date of violation. 2-31 REGISTRATION OF CONTRACTORS Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code. 2-32 RESTORATION OF STREETS AND SIDEWALKS Where trenches are excavated in streets which are paved, macadamized, oiled or otherwise improved, the pavement or surface thus removed shall be replaced by the Contractor in a workmanlike manner with the same thickness and materials and in accordance with the specifications under which the street was improved at the time of bidding; unless otherwise authorized by the Superintendent of Streets. 2-33 PROTECTION OF WORK AND CLEANING UP The Contractor shall care for all work until final completion and acceptance of the whole. All damage done to existing improvement shall be repaired by and at the expense of the Contractor. He shall remove all surplus material and rubbish from the work after its completion and before he makes application for acceptance of the work. 2-34 ALLOWABLE VARIATION When, in these specifications, a maximum or minimum either in size, percentage or thickness, or relating to quality or character or other matter is allowed or prescribed, the work shall be accepted as in compliance therewith if within such maximum or minimum so allowed. 2-35 FINAL INSPECTION The Contractor shall notify the Superintendent of Streets when he desires a final inspection of the work. The Superintendent of Streets will as soon thereafter as possible, make the necessary examination. If the work is found to be in compliance with these specifications, the Superintendent of Streets will notify the Contractor of such acceptance. 2-36 CONTRACTORS INSURANCE The Contractor shall not commence work under his contract until he shall have obtained all insurance required under this heading, in a company or companies acceptable to the City, nor shall the Contractor allow any sub -contractor to commence work on his sub -contract until all insurance required of the sub -contractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of Insurance: (1) Workman's Compensation Insurance to cover his employees as required by the Labor Code of the State of California; and the Contractor shall require all sub -contractors similarly to provide such compensation insurance for all of the latter's employees. (Sec. 2-8) —12— (2) Public Liability and property damage; on account of bodily injuries, including death resulting therefrom, in the sum of not less than one hundred thousand dollars ($100,000) for one person and three hundred thousand dollars ($300,000) for more than one person, and property damage in the sum of one hundred thousand dollars ($100,000) resulting from any one accident which may arise from the operations of the Contractor in the performance of the work herein provided for. (3) Motor vehicle public liability and property damage insurance to cover each automobile, truck, and other vehicle used in the performance of the contract in an amount of not less than one hundred thousand dollars ($100,000) for one person, and three hundred thousand ($300,000) for more than one person, and property damage in the sum of one hundred thousand dollars ($100,000) resulting from any one accident which may arise from the operations of the Contractor in performing the work provided for herein. Each of the policies of insurance provided for in sub -paragraphs (2) and (3) shall contain a clause substantially in the following words: I'It is hereby understood and agreed that this policy may not be cancelled nor the amount of the coverage thereof be reduced until five days after receipt by the Engineer of a written notice of such cancellation or reduction in coverage, as evidenced, by receipt of a registered letter." The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraph (2) and (3) hereof, or present a certificate of an insurance company showing the issuance of such insurance. (Sec. 2-9) -13.. SECTION 3 SPECIAL PROVISIONS 3-01 GENERAL DESCRIPTION OF WORK The work to be done consists of the following: The construction of plant -mix pavement, grading and removing of obstructions, concrete curbs and gutters, concrete cross gutters, concrete driveways, remodeling structures for drainage purposes and appurtenant work. 3-02 PLANS The said work to be done is shown and laid out upon a plan entitled: City of Newport Beach County of Orange State of California Plan No. 443 For the Improvement of Margaret Drive Consisting of 1 sheet / /- 1959 Said plans together with specifications were approved by the City Council of the City of Newport Beach on 3-03 ESTIMATED QUANTITIES The following quantities will be used in comparing the bids received: Item No. Description of Item Estimated Quantity Unit 1 Grading subgrade, preparation and removal of obstructions 2,336 Cubic Yards 2 Plant -Mix Surfacing 279 Tons 3 Prime Coat (SC-2) 4 Tons 4 Untreated Rock Base 387 Tons 5 Remodel Grating Catch Basin to Manhole 1 Each 6 Concrete Cross Gutters 750 Square Feet 7 Concrete Curb and Gutter, Type "A" 1,287 Lin. Feet g Concrete Driveway 1,520 Square Feet 9 Lower Sewer Manhole 2 Each (Sec. 3-1) -14- 3-04 DATUM PLANE A plane one hundred feet below mean lower low water as established by the United States Coast and Geodetic Survey in the year A.D. 1875, is hereby declared to be the datum plane or base line of the City for the purpose of establishing and designating the official grades of the streets and sewers, and for any other public work within the City, and for measuring all other elevations or surface points and places in said City. 3-05 IMPROVEMENT ACT OF 1911 All of the work herein proposed shall be done and of an act of the Legislature of the State of California, Act of 1911" being Division 7 of the Streets and Highways 3-06 COMMENCEMENT, PROSECUTION AND COMPLETION carried through in pursuance designated the 'IImprovement Code of the State of California. The Contractor will be required to commence work within fifteen (15) days after the date of the execution of the contract, to prosecute the said work diligently, and to complete all the work within �/'` _ calendar days after the date of said contract, plus any legal extensions granted by the City. (Sec. 3-2) -15- SECTION 4 CONSTRUCTION DETAILS 4-01 STATE STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the appropriate provisions of Section 10 to 60 inclusive of the Specifications entitled "STATE OF CALIF- ORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAY, STANDARD SPECIFICATIONS, August 1954" insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications. Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Department of Public Works. or Division of Highways - The City Engineering Dept. Director of Public Works - The City Engineer. Engineer - The 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 Engineer to test materials and work involved in the contract. State - The City of Newport Beach. Other terms appearing in the Standard Specifications, the general provisions, and these special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. In case of conflict between the Standard Specifications and these specifications, the herein specifications shall take precedence over and be used in lieu of such conflicting portions. 4-02 GRADING. SUBGRADE PREPARATION AND R1,TMOVAL OF OBSTRUCTIONS The grading shall be done in accordance with Section 13 of the Standard Specifications. The removal and disposal of existing materials and obstructions, shall be included in the grading. The entire area to be paved shall be prepared in accordance with the provisions for Class "All Subgrade of Section 15 of the Standard Specifications. The grading area shall be between property lines, excluding areas to be resurfaced only and streets already improved. Payment for grading, subgrade preparation, removal and disposal of excess materials and obstructions, will be per cubic yard. Payment shall include full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in grading, removal of obstructions, including removal of trees, shrubs, fe�c s, pipes, berm, curbs, gutters, structures, etc.; and preparing the sub -grade as above specified, including watering, excavation and compacted fill. (Sec. 4-1) -16- 4-03 UNTREATED ROCK BASE The untreated rock base shall conform to the requirements of Section 16 of the Standard Specifications. Payment for untreated rock base will be per ton, which price shall include full compensation for furnishing all labor, materials, tools and equipment and doing all work involved in placing the untreated rock base as above specified, including watering. 4-04 PLANT -MIXED SURFACING Plant -mixed surfacing shall be "Type B Plant -Mixed Surfacing," and shall conform to the requirements of Section 20, Chapter I to VIII inclusive, of the Standard Specifi- cations, except that three -eights (3/8) inch maximum rock shall be used in the resurfac- ing over existing pavement where the pavement will not exceed one and one-half (12) inches in thickness. The prime coat of SC-2 liquid asphalt to be applied to the untreated rock base, paint binder and asphalt designated type 85-100, shall conform to Sections 54 and 55 of the Standard Specifications. Payment for plant -mixed surfacing will be per ton, which price shall include the asphalt, mineral aggregate, paint binder and full compensation for furnishing all labor, materials, tools and equipment and doing all work involved in placing the plant -mixed surfacing and paint binder, berm and preparation of the sub -grade. 4-05 CONCRETE CURB, GUTTERS AND CROSS GUTTERS Concrete cross -gutters, combination curbs and gutters and curbs shall conform to the requirements of Section 36 of the Standard Specifications and Standard Plan. All concrete shall be Class "A". Payment for curbs will be per lineal foot, and payment for gutters and cross -gutters will be per square foot, which prices shall include full compensation for furnishing all labor, materials, tools and equipment and doing all work involved in excavation and back fill, preparing subgrade and construction of curbs, combination curb and gutters and cross gutters. 4-10 MANHOLES Reconstructing Manholes to Grade: Existing manholes shall be adjusted to grade with materials of the same kind of and quality as those in the original structures and in accordance with Standard Specifications. After the manhole frames have been removed, the tops of each structure shall be carefully trimmed to provide a suitable foundation for the new material. If, when manholes are lowered, it is determined that there will not be sufficient bearing, in the opinion of the Engineer, between the ring and the remaining brick structure, two (2) steel bars, not less than one inch (111) by three inches (3") shall be placed in such a way as to properly support the ring, after which the exterior of the ring will be covered with masonry in the normal fashion. Manhole frames shall be set to the grade of the new surface after the surfacing has been placed. The area around the frame and cover shall be filled with materials, the surface of which shall conform to the grade of the finished surface. (Sec. 4-2) -17- 4-13 WATER MAIN The City reserves the right to enter upon the job and relocate and lower the existing water main when such line is uncovered, after rough grading has been completed, or at any time the City deems it appropriate before base is placed.. (sec. 4-3) -18-