Loading...
HomeMy WebLinkAbout09 PAVEMENT REPAIR 01-20-97AGENDA NO. 9 1-20-97 DATE: JANUARY 20,. 1997 Inter-Com TO' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/FIELD SERVICES DMSION CONTRACT RENEWAL FOR ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM RECOMMENDATION: It is recommended that the City Council, at their meeting Of January 20, 1997, approve an amendment to the contract for Annual Concrete Pavement Repairs Program with All American Asphalt. The contract amendment would extend the agreement fi.om January 21, 1997 to June 30, 1997 and Would grant the contractor a 2.6% adjustment for consumer pdee index as allowed in the contract extension, and add an additional work item for the grinding and cold planing of asphalt. The total contract would be a not to exceed amount of $219,301.50. FISCAL IMPACT: Sufficient funds have been budgeted in the 1996/97 Public Works Budget to fund this work as an on- going maintenance expense. The contractor requested an increase in the original contract equal to the consumer price index of 2.6%, or up to $5,201.50, based' on projected workloads. In addition, the Public Works Department has added an additional work item calling for the pavement grinding or cold planing of asphalt. This item will add an additional amount of up to $14,200.00 to the contract. DISCUSSION: All American Asphalt has been doing an acceptable job for the past two years. This contract extension will continue this service through the end of this Fiscal Year and allow the contract to be rebid for the Fiscal Year 97/98 funding cycle. Staff.has added an additional item to the contract for the grinding and cold planning of asphalt. This item was added because the city has a number of locations where new asphalt was continually laid over the top of old asphalt raising the height of the pavement. While this has kept the roadway in good condition, it has had the eff'ect &lowering the curb and decreasing the water carrying capacity 0fthe street. Staff.has identified a number of locations where the old asphalt will be ground down and new asphalt will be placed over the top to keep the height of the curb face a constant. This item will add up to an additional $14,200.00 to the total contract cost. Tim D. Serlet / ~o~ Martin Pastucha Director of Public Works/City Engineer Manager, Field Services TDS:MP:CR:AAASPH 1.DOC A~~ Annual Asphalt Concrete Pavement Repair Program Contract ALL AMERICAN .; "PHALT ALL AMERICAN AG ._. REGATES 1776 ALL AMERICAN WAY, P.O. BOX 2229, CORONA, CA 91718-2229 STATE CONTRACTORS LICENSE #267073-A December 1, 1996 Mr. Noel Kapple Supervisor Buildino/Street Maintenance City of Tustin Public Works/Field Services 300 Centennial Way Tustin, CA 92680 ' Re: Annual Asphalt Concrete Pavement Contract Dear Mr. Kapple: Responding to your letter dated September 9, 1996, All American Asphalt is willing to renew the Annual Asphalt Concrete pavement Contract. Again, we agree to replace all street striping/markings that are removed dUring our operations. We ask that these items be identified before we begin work. Increases in the contract prices will be according to the current contracted Cost of Living Index. We request that you forward to us the current Cost of Living Index. Thank you for the opportunity to renew this contract. Please call if you have any questions. Respectfully yours, A11 American/Asphalt Mark Luer Vice President TELEPHONE: 909-736-7600 · FAX: 909-736-7646 '. ~. AMENDMENT NO. 1 TO AGREEMENT FOR ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR THIS AMENDMENT NO. 1 is entered into this day of ,1997, by and between the City of Tustin, a Municipal Corporation (herein referred to as "City"), and Ail American Asphalt, whose address is 14274 Magnolia Avenue, Corona, CA 91719 (herein referred to as "Contractor"). This amendment is made with reference to the following: RECITALS A. WHEREAS, City and Contractor entered into an Agreement dated February 7, 1994, the "Agreement" wherein Contractor agreed to perform annual asphalt concrete pavement repair pursuant to Section C, Page C-2 and Section E, Pages E-1 through E-12; B. WHEREAS, the term of the Agreement was for one year, initially, with the option to extend the term of this cOntract for two (2) consecutive additional years by written agreement of each of the parties; C. WHEREAS, City and Contractor desire to exercise the extension clause pursuant to Section D, Page D-2, Extension'of Contract Term, to extend the Agreement for the final one year extension; NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: AGREEMENT 1. The TERM of the Agreement shall be amended to read as follows: The Term of this Agreement shall be for a period from January 21, 1997 through June 30, 1997, unless terminated pursuant to Section D, Page D-4, Items 6-4.1 and 6-4.2 of this Agreement. 2. Page B-l, PROPOSAL FOR ANNUAL ASPHALT CONCRI:JTE PAVEMENT REPAIR PROGRAM sheet shall be amended as indicated in the attached Exhibit "A" to include additional areas and reVised Contract costs. 3. City shall pay Contractor a sum not to exceed $219,301.50 for services rendered for the term of this Agreement.' Payment shall be made on a monthly basis. No other price adjustments will be made. 4. ReVised bonds and insurance certificates are attached as Exhibit C. 5. Except as expressly amended by this Amendment No. 1, all other terms and conditions of the February 7, 1994, Agreement and all Exhibits thereto, 'shall remain in full force and effect. IN WITNESS WH]zv,.dOF, the parties have hereunto set the.. -.,ands and seals the year and date first above written. TI-EE CITY OF TUSTIN (Seal) BY: Mayor of the City of Tustin ATTEST: City Clerk of the City of Tustin CONTRACT AND BOND APPROVED: City Attorney Date APPROVED AS TO CONTENT: City Engineer Date CONTRACTOR Firm Name: ALL AMERICAN ASPHALT (Seal) Mark Leur TITLE: Vice President . ATTACH PROPER NOTARY ACKNOWLEDGMENT FOR SIGNATURES OF AUTHORIZED PERSON(S) 'BIT "A" TO AMENDMENT NO. 1 .., PROPOSAL ,, . - FOR ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM CITY OF TUSTIN ITEM NO. ITEM WITH UNIT PRICE WRITTEN IN WORDS APPROXIMATE UNIT PRICE TOTAL IN QUANTITY IN FIGURES FIGURES Sawcut existing' asphalt concrete pavement to facilitate removal at: One Do] l ar and Eight Cents Per Lineal Foot 8,000L.F. $ 1.tXI $ 8650.00 . Excavate, remove & dispose of existing pavement, base and/or native material at: Twenty Eight DOllars and 3~nty Two Cents Per Cubic Yard 1,800 C.Y. $ 28.22 $ 50796.03 Furnish and construct asphalt concrete · overlays, feathering and/or skin patching at: ThSrty F±ve Dollars and Ninety One Cents Per Ton 1,000 Tons $ 35.91 $ 35910.03 . Furnish and consm~ct deep lift asphalt concrete pavement repair at: Fifty Nine Dollars and No cents Per Ton 1,500 Tons $ 59.00 $ 88503.03 , Adjust water valve box or manhole frame and cover to finish grade at: Tm Hundred Fifty Six Dollars ' and Fifty Cents Per Each 15 Each $ 256.50 $ 3847.50 . Furnish and place CL 2 Aggregate Base at: Eighty Two Dollars Per Ton 100 Tons $ 82.08 $ 8208.03 Prepare crocks m~d joints and fi~mish and. apply crack sealant at: Ninety Two Cents Per Lineal Foot 10,000 L.F. ' $ 0.92 $ 9203.03 Perform pavement grinding or cold planing at: Seventy One Cents Per Square Foot 09/2606 1996 ASPHALT CONTRACT.doc B-1 20,000 S.F. $ 0.71 TOTAL BID $ 219301.50 $ 142D0.00 12/18/96 DEC. 10 12-15 FAX'I' 7i4 736 7646 ALL AMER.ASPHALT : ~002 i 3IT "C" TO AMENDMENT NO. 1 - CITY OF TUSTIN CERT .II~ICATE OF I~$URA.NCY, AI~D DESIGNATION OF NAaMED ADDITIONAL INSURED NC; MODIFICA TIOIY,5' OR ADDITIONS MA Y BE MADE IQ I'HIS FORM TO: CITY OF TUSTIN P.O. Box 3539 Tu~lin. CA 92681-3539 --. - , ALL AMERrC~ ASPIq. ALT P.O. Box 2229. Coron& CA 917t9-222.9- All American Asphalt P.O. Box 2229 PROJECT: ANq~UAL ASPHALT CONCRETE PAVEMENT REPAIR. PROGRA~ Decembcr I. 1996 to June 30. 1997 .... c_o_.~W~,~ ~-x,~ COV~OE Calif_ornia Casualty tnsurance co=of tho ¢laren4on ~ational ~ns. TNC06989 51059 KH0140948 01 8/1/96 8/1/96 8/1/97 8/1/97 (-J,L S 82000000 Sl000000 $1000000 50000 1000000 WC 680119 s 2000000 ~ 8 / 1 / 96 / 1 / 97 ~,~,,;,~ 9702 82000000 m=~m~,.~a~,~,,m--~--~:;"~ RE: Project - Annual Asphalt Concrete Pavement Repair Program. Certificate is Add'l Insured Per CG2010. · , . · ........ ,. ........ ;. .... i,~ ,o ,~: tt~-.~ o£ ~1 w,wte,~ Comp~ti". m.~'ra"~' 'lq~ i~.ui~ oomp,,-y v'lll _. . ecem er ' % - C-12 INSURED:' .: ALL AMERICAN ASP~L~LT POUCY NUMREq: TNC0698951059 COMMERC:AL G~N~-qAL UARIUTY ~FECTZVE: AUGUST 1, 1996 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS (FORM B) .o This endorsement modi~es insurance Frcvided under t~he following: COMMF_qC~AL GF_:NE,=,.AL UAEIUTY coVE.=,AGE PART. SCHEDUL~ Name of Person or Organiz2tion: City of Tustin or its employees, officers or agents (If no entry appears above, information required to'complete bhis endorsement will be shown in the Dec!orations as applicable tot,his endorsement,) ,NHO IS AN INSURED (Secdon ii) is amended to incJude as an insured the person or orgsniz=don shown in the Schedule, but only with respect to lisbiiity arising out of "your work' for that insured by or for you. RE: Project - Annual Asphalt Concrete Pavement Repair Program. PRiggeRY INSURANCE_ CLAUSE it is further aqreed that insurance afforded by this policy shall be prima~! insurance as respects any claim, loss or !iabi!i~y arisinq from work performed for the named above, and any oiler insurance maintained bY the Additional Insured shall be ezcess and noncon~ribu%or-3 wi%h tke insurance provided here,,--~.der. :G 20 10 11 85 CoPyright, Insuranc-° S_ervic-~s.Office, Inc., 1984 COMPENSATION INSURANCE CERTIFICATE ZXHIBIT "C" TO AMENDMENT NO. 1 Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: I am aware of the provisions of Section 3700 of the Labor Code which reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self- insure and to pay any compensation that may become due to his employee." CONTRACTOR: TITLE: COMPENSATION INSURANCE CERTIFICATE TO BE SUBMITTED WITH CONTRACT EXHIBIT "C" TO AMENDMENT NO. 1 Bond No. 582 50 98 Afnount $219: 301.50 ,. Prerrdum $1,097.00 EXECUTED IN FOrm (4) ?AgTS CITY OF TUSTIN PUBLIC CONTRACT FAITI~FUL PERFO~NCE BOND ICNOW ALL MEN BY Tlr. ESE PKESENT: That Ar,~, AMERICAN ASPHAI, T as and hereinafter referred to collectively as "Principal", and SAFECO INSURANCE COMPAN~ OF AMMRI-'CA corporation organized and existing under the laws of the State of WASHINGTON , 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 ~s the "City", in the sum of $ tbr payment of wi,ich Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and ~everally as follows: THE CONDITION OF TIlE ABOVE OBLIGATION IS THAT: WI-EEi~AS, Principal has entered into a contract dated FEBRUARY 7th ,,_ ,19 94, with City to do and peel'Grin the following, generally described work, which is more particularly described in said contract for the construction of: AN'N~AL ASPHALT CONC..RETE PA .VEMENT RE_PA/IR, PROG _..R.A.M FISCAL YEAR 96-97 WHEREAS, all of suct~ improvements arc to bc constructed and installed in accordance 'with the plans and specifications described,.referred to and incorporated in said contract; and WHEKEAS, Principal shall commence and complete the construction and installation of such improvements a 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. PROVIDED, H0WE~I~ if Principal shall not t~ithfully pecform all agreements contained in the herein above described contract and all obligations, then this obligation shall remain in full force and effect. PROVIDED FURTHF. R, HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or ofthe 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 the work to be performed thereunder; and PROVIDED FURTHER, that in case suit is brought upon tills bond by the City and or 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. IO0~ £2VHdgV'8~I~Y qq¥ OrOL 9~L rTL T IN WITNESS WH~KEOF, Principal and Surety have caused th~,.., presents to be duly signed and sealed tbJs 14thday of OCTOBER __, 19 96 · NOTE: Attach proper acknowledgments for both Surety and Principal. " (Seal) SUtLBTY' _~AFECO INSURANCE COMPAN~ OF AMERICA OWEN M. BROWN APPROVED AS TO FOKM: City Attorney (Seal) PR.INCI~AL: BY: BY: Address of Surety: SAFEC0 INSURANCE COMPANY OF AMERICA 4 HUTTON CENTRE, SUITE 250-B SANTA ANA, CA. ,92707 ALL AMERICAN ASPHALT APPKOV£D AS TO CONTENT: Address of Principal: ALI, AMERICAN ASPHALT 'MO BOX 222~ CORONA, CA. 91718-2229 "City Engineer ._ Date .!'J v;Jd ~ ~-" H:JF.¥ qq¥ 80:60 .. .. P~EM~U~ CHA~GE FOR IHi§' BOWO INCLUDED IN CHARGE FOR PERFORMANCE BOND. EXHIBr£ "Ct! TO AMENDMENT NO. 1 Bond No. 582 50 98 Amount $219,301.50 ){}~]~ ~x x x'x ~L,v,J~ x X x xx x x,~LXxxxxx EXECUTED IN FOUR (4) PARTS CITY OF TUSTIN PUBLIC CONTRACT LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PKESENT: That A~X, A/~ERICAI~., ,ASPHALT ...... , as and hereinafter referred to collectively as "Principal", and SAFECO INSURANCE CON.PANT OF AMERICA corporation organized and existing under thc laws of the State of ~A.S_IIlN(~TON , and duly authorized to transact surety business in the State of' California, as, and hereinafter referred to as, "Surety". are.held and tirmly bound unto the City of Tuslin hereinafter referred to as the "City", in the sum of ii; for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE. CONrDITION OF TH~ ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated ~RUAR¥ 7th , 19 94, with City to do and perform the following,, generally described work, which is more particularly described in said contract for the construction of: ANNUAL ASPI-IAI.T CONg;REIE PAVEMENT KEf.AU{ PROGR.AM FISCAL YEAR 96-97 WI{EREAS, Principal shall commence and complete the construction and in~tall action of such improvements provided in said contract; and NOW TI-iEREFORE, if Principal shall pay the Contractor, his subcontractor, and ai! persons renting equipment or furnishing labor or mateduls to them for such improvements, for .the full cost of such improvements then this obligation shall be null and void.. PROVIDED, HOWEVER. ifPrincipal shall not pay the subcontractor and all pcrsong renting equipment or furnishing labor or materials to them for such improvements for the full cost of ~uch improvements, then this obligation shall remaln 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 obligatiort, subject to priority of City. PROVIDED FURT~K 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 chang,, extension of time, alteration or modification of the contract documents or of. the work to be performed thereunder;, and PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other persofi who may bring an action on this bond, a rea.qonable attorney's f=e, to be fixed by the Court, shall paid by P,'incipai and Surety. ~oo~ £7V~d~¥'83KV 77¥ 80:80 IN wITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this ~ day of aeTO~. _, 19 96 .. NOTE: Attach proper acknowledgments tbr both Surety and Principal. (Seal) SURETY' SAFECO INSURANCE COMP~AN~f OF AMERICA BY:~/ Attorney-m- t OWEN M. BROWN BY: APPROVED AS TO FORM: Address of Surety: SAFRCO INSURANCR COM~AN~ NV 4 HUTTON CENTRE, SUITE 250-B SANTA ANA, CA. 92707 City Attorney (Seal) PRINCIPAL: ALL AMERICAN ASPHALT BY: APPROVED AS TO CONTENT: Address of Principal: ~RICAN ASPHALT PO BOX 2229 CORONA, CA. 91718-2229 City Engineer Date 00~ £'IYHdSY'H~tK¥ qq¥ 9I'9/. 91;'£ ti/. I !'Y_-J 60:00 96,'ti,'0I  / POWER ,~jM=:ECO(D OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 KNOW ALL BY THESE PRESENTS: No. 9 164 That SAFECO INSURANCE COMPANY OF AMERICA, a Washinglon corporation, does hereby appoint '''"''"'''""'"'''""OWEN M. BROWN. Anaheim. California,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, its true and lawful attorney(s)-in-fact, with full atrthority to execute on behalf of the company fidelity and surety bonds or undertakings and other docu'nents of a simil~ character issued by the cCmpany in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its .ho'ne office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4 t h day of Januar¥ . ~9.93 : ; i -.- ' , · · ' ' CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BCNDS ... the President. any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by .the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority tO execute on behalf of the company fidelity and surety bonds and other docu'nents of similar character issued by the company' in the. course of its business ... 'On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instru'nent conferring such authority or on any bond or unclertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced:, provided, however. that the seal shall no! be necessary to the validity of any such instrument or undertaking.* · Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By-Laws. and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (ilo Certifying that said power-of-att, orney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Con, any may be a facsimile thereof.' I, R.A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hei'eunto set my hand' and affixed the facsimile seal of said corporation 14th OCTOBER this day of . 19 · , , 96 S-131XX~P 1/93 (~) Registerecl traclemarl[ of SAFECO Corporation.