HomeMy WebLinkAboutC.C. #5 04/06/87 El Camino RealMR
`tea 5� G i Y '7 '.i • A
ama
DATE:
TO:
FROM:
MARCH 12, 1987
WILLIAM HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
CONSENT CALENDAR
NO. 5
4-6-87
Inter - Com
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE EL CAMINO REAL
EXTENSION TO JAMBOREE ROAD
RECOMMENDATION:
For the City Council meeting of April 6, 1987.
Adopt attached Resolution accepting said public improvements along El Camino Real
between the Tustin Auto Center and Jamboree Road and authorize the recordation of
the Notice of Completion.
Assuming no claims or stop notices are filed, it is further recommended that 30
- days after the date of recordation of the Notice of Completion that the Council
authorize payment of the final 5% retention amount of $37,361.52. This amount
together with the previous payments totaling $709,868.93 represents 100% of the
.final contract amount.
BACKGROUND:
This project consisted 'of street and bridge construction along E1 Camino Real
between the Tustin Auto Center and Jamboree Road and was under contract to the
S.A. Healy Company.
DISCUSSION:
All work has been completed to the satisfaction of the Engineering Division with
the final construction contract amount being $747,230.45. This project had an
original contract amount of $684,073.50 resulting in a contract overrun of
$63,156.95 or 9.2%. This overrun consisted mainly of contractor costs for delay
of the project due to coordinative efforts with the E1 Modena -Irvine Channel
contractor, excessive groundwater conditions unforeseen during the initial bridge
foundation investigations, and additional pavement as required by the County on
the easterly portion of the project.
Adoption of the attached Resolution is requested which provides for the City's
acceptance of said improvements along El Camino Real and authorizes the
recordation of the Notice of Completion.
Bob Le en ec er
Director of Public Works/City Engineer
BL: jm
1
2
3
4
5
sl
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 87-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION
FOR STREET IMPROVEMENTS ALONG EL CAMINO REAL
BETWEEN THE TUSTIN AUTO CENTER AND JAMBOREE ROAD
WHEREAS, S.A. Healy Company, having a contract with the City of
Tustin to construct the hereinafter described public work and improvement; and
WHEREAS, the City Engineer has duly certified to the construction and
completion of said public improvements hereinafter mentioned in a manner
satisfactory to the City Council of the City of Tustin; and
WHEREAS, the City Council finds that said contractor has completed
said public improvement hereinafter more particularly described in accordance
with the provisions of the contract documents and the notice of completion and
acceptance of said public work and improvement should be filed and payment of
the balance due said contract authorized in accordance with the contract
documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Tustin that said public work and improvement be, and the same is hereby
accepted. Said public work and improvement is more particularly described as
follows:
STREET IMPROVEMENTS ALONG EL CAMINO REAL BETWEEN THE TUSTIN
AUTO CENTER AND JAMBOREE ROAD
AND BE IT FURTHER RESOLVED that the City Engineer of the City of
Tustin be, and is hereby authorized to execute and file a notice of completion
and acceptance of said public work and improvement described herein as required
by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin on April 6 1987.
FATTEST:
CITY TER
D
C I TY C L-ecz k Copy
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
EL CAMINO REAL EXTENSION FROM
TUSTIN AUTO CENTER TO MYFORD ROAD
is agreement, made and concluded, in triplicate, this rd day of
one thousand nine hundred and eighty-six between the City of Tustin,
Californi e, party of the first part, and S.A. Healy Co., A corporation or anized
and existing under and by virtue of the laws of the State of Uhlo and authorized
to do business in the State of California,
Contractor, party of the second part.
ARTICLE I. Witnesseth, that for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the said party of the
first part, and under the conditions expressed in the two bonds, bearing date with
these presents, and hereunto annexed the said party of the second part agrees with
said party of the first part, at his own proper cost and expense, to do all the work
and furnish all the materials, except such as are mentioned in the Specifications to
be furnished by said party of the first part, necessary to construct and complete in
good workmanlike and substantial manner and to the satisfaction of the said party of
the first part, in accordance with the plans and specifications entitled, E1 Camino
Real Extension from Tustin Auto Center to Myford Road and in accordance wit t e
'ffStandard Specifications dated January 1981 of the State of California, Business and
Transportation Agency, Department of Transportation, which said plans and
specifications and standard specifications are hereby specifically referred to and by
such references made a part hereof. Said plans and specifications are on file in the
office of the City Engineer of the City of Tustin, California.
ARTICLE II. And said Contractor agrees to receive and accept the following
prices as full compensation for furnishing all materials and for doing all the work
contemplated and embraced in the Agreement; and also for all loss or damage arising
out of the nature of the work aforesaid, or from the action of the elements, or from
any unforseen difficulties or obstructions which may arise or be encountered in the
prosecution of the work until its acceptance by the City of Tustin, and for all risks
of every description connected with the work; also for all expenses incurred by or in
consequence of the suspension or discontinuance of work and for well and faithfully
completing the work, and the whole thereof, in the manner and according to the plans
and specifications, and the requirements of the Engineer under them, to wit:
C-1
SCHEDULE OF WORK ITEMS AND CONTRACT PRICES
EL CAMINO REAL EXTENSION FROM
TUSTIN AUTO CENTER TO MYFORD ROAD
Item
No.
Item With Unit Price
Written In Words
Approximate
Quantity
Unit Price
In Figures
Total In
In Figures
1.
Sawcut AC or PCC at One dollar
and no cents
1,400 L.F.
$ 1.00
$ 1,400.00
Per Lineal Foot
2.
Remove and dispose of existing AC
pavement at One dollar and no
cents
9,810 S.F.
1.00
9,810.00
Per Square Foot
3.
Roadway excavation at Five
dollars and no cents
4,820 C.Y.
5.00
24,100.00
Per Cubic Foot
4.
Furnish and install 42" Dia. RCP
1500D at One hundred and fifty_
dollars and no cents
80 L.F.
150.00
12,000.00
Per Lineal Foot
5.
Furnish and install 48" Dia. RCP
1000D at Two hundred dollars
and no cents
45 L.F.
200.00
9,000.00
Per Lineal Foot
6.
Furnish and install 84" Dia. RCP
850D at Three hundred and twenty
five dollars and no cents
285 L.F.
325.00
92,625.00
Per Lineal Foot
7.
Furnish and install 21" Dia. CSP
at Seventy five dollars and no
42 L.F.
75.00
3,150.00
cents
Per Lineal Foot
8.
Furnish and install 33" Dia. CSP
riser per OCEMA Std. #327 at
Two thousand dollars and no
1 Each
2,000.00
2,000.00
cents Per Each
C-2
SCHEDULE OF WORK ITEMS AND CONTRACT PRICES (CONTINUED)
EL CAMINO REAL EXTENSION FROM
TUSTIN AUTO CENTER TO MYFORD ROAD
Item
Item With Unit Price
Approximate
Unit Price
Total In
No.
Written In Words
Quantity
In Figures
In Figures
9.
Furnish and install rip -rap slope
protection with weepholes at
Thirty five dollars and no cents
135 C.Y.
$ 35.00
$ 4,725.00
Per Cubic Foot
10.
Furnish and install grouted rip -
rap protection at Sixty dollars
and no cents
855 C.Y.
60.00
51,300.00
Per Cubic Yard
11.
Furnish, place and compact
aggregate subbase at Nine dollars
2,655 Tons
9.00
23,895.00
and no cents
Per Ton
12.
Furnish, place and compact CL 2
aggregate base at Nine dollars
2,290 Tons
9.00
20,610.00
and no cents
Per Ton
13.
Furnish, place and compact asphalt
concrete base at Thirty two
2,175 Tons
32.50
70,687.50
dollars and fifty cents
Per on
14.
Furnish, place and compact rubber-
ized asphalt concrete wearing
610 Tons
38.50
23,485.00
course at Thirty eight dollars
and fifty cents
Per Ton
15.
Furnish and install AC berm curb
at Eight dollars and no cents
97 L.F.
8.00
776.00
Per Lineal Foot
16.
Furnish and construct AC overside
drain 0.25' thick at Three
60 S.F.
3.50
210.00
dollars and fifty cents
Per Square Foot
C-3
f
SCHEDULE OF WORK ITEMS AND CONTRACT PRICES (CONTINUED)
EL CAMINO REAL EXTENSION FROM
TUSTIN AUTO CENTER TO MYFORD ROAD
Item
Item With Unit Price
Approximate
Unit Price
Total In
No.
Written In Words
Quantity
In Figures
In Figures
17.
Furnish and construct metal beam
guard rail, per OCEMA Std. No. 403
215 L.F.
$ 20.00
$ 4,300.00
at Twenty dollars and no cents
Per Linea Foot
18.
Furnish and install signing and
striping per Sheet No. 15 at
Five thousand dollars and no
1 L.S.
5,000.00
5,000.00
cents
Per Lump Sum
19.
Furnish all materials and equip-
ment for and construct bridge over
1 L.S.
325,000.00
325,000.00
the F07 Channel per Sheets No. 5
through 14 of the plans at Three
hundred and twenty five thousand
d-57—ars an no cents Per Lump Sum
TOTAL CONTRACT $ 684,073.50
Total or gross sum written in words Six hunded and eighty four thousand seventy three
dollars and fifty cents
C-4
ARTICLE III. The said party of the first part hereby promises and agrees with
the said Contractor to employ, and does hereby employ, the said Contractor to provide
the materials and to do the work according to the terms and conditions herein
contained and referred to, for the prices aforesaid, and hereby contracts to pay the
same at the time, in the manner and upon the conditions above set forth; and the said
parties for themselves, their heirs, executors, administrators, successors, and
assigns do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV. It is further expressly agreed 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 ($25.00) for each calendar day or portion thereof for each worker
paid (either by Contractor or any subcontractor under Contractor) less than the
prevailing rate set forth herein on the work provided for in this contract, all in
accordance with Sections 1774 and 1775 of the Labor Code of the State of California.
3. Section 1773.8 of the Labor Code of the State of California, regarding the
payment of travel and subsistence payments, is applicable to this contract.
4. Section 1777.5 of the Labor Code of the State of California, regarding the
employment of apprentices, is applicable to this contract if the prime contract
involves Thirty Thousand Dollars ($ 30,000.00) or more, or twenty (20) working days or
more, or if contracts of subcontractors not bidding for work through the general or
prime contractor are Two Thousand Dollars ($2,000.00) or more, or five (5) working
days or more.
5. In performance of this contract, not more than eight (8) hours shall constitute
a day's work. The Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections
1810 et seq.) of the labor Code of the State of California, and shall forfeit to the
City as a penalty, the sum of Twenty Five Dollars ($25.00) for each worker employed in
the execution of this contract by Contractor or any subcontractor for each calandar
day during which any worker is required or permitted to labor more than eight (8)
hours in any one calendar day and forty (40) hours in any one week in violation of
said Article. Contractor shall keep an accurate record showing the name and actual
hours worked each calendar day and each calandar week by each worker employed by
Contractor in connection with the public work.
6. Contractor agrees to keep accurate payroll records showing the name, address,
social security number, work classification, straight time and overtime hours worked
each day and week and the actual per diem wages paid to each journeyman, apprentice or
worker employed by him in connection with the public work, and agrees to insist that
C-5
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 is also aware of the
Code which requires every employer to be
Compensation or undertake self-insurance
code and will comply with such provisions
work of this contract.
provisions of Section 3700 of the Labor
insured against liability for Worker's
in accordance with the provisions of that
before commencing the performance of the
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. Contractor shall take out and maintain during the life of the contract
comprehensive automobile and general liability insurance that provides protection
from claims which may arise from operations or performance under this contract. The
contractor shall require any subcontractor to provide him with evidence of the same
liability insurance coverages. The amount of the insurance shall not be less than
the following:
Single limit coverage applying to bodily and personal injury liability and property
damage: $5,000,000.00.
C-6
The following endorsements must be indicated on the certificate:
1. The City of Tustin, its elective and appointive boards, officers, agents and
employees are named as additional insureds in the policy as to the work being
performed under the contract;
2. The coverage is primary and no other insurance carried by the City of Tustin will
be called upon to contribute to a loss under this coverage;
3. The policy covers blanket contractual liability;
4. The policy limits of liability are provided on 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 -owner automobiles;.and
10. The coverage shall not be cancelled nor materially altered unless thirty (30)
days written notice is first given to the City of Tustin.
Contractor shall furnish the City of Tustin with satisfactory proof of insurance coverage
as required.
C-7
04-0,
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
(Seal)
Contract Appr d:
Contract
Date
to y Attorney
APPROVED AS TO CONTENT:
Date $r ;
S4; 1 ngi neer
TUSTIN r W� 15 0 �'
B Y : t
ayor o City o ustin
ATTEST: c_. �'
lty er of the oty of TuTt-ir—n
S.A. Healy Co.
A OV o Corporation
Bohn A. Artukovich,
Construction Manager
State of California)
County of,a ) SS
On , 19, before me, the undersigned, a notary public in and for the
said e, personal y appeared John A. Artukovich jr., known to me to be the
Construction Manager of S.A. Healy Co., the corporation that executed the within
instrument, known to me to be the person who executed the within instrument on behalf
of the corporation herein named, and acknowledged to me that such corporation executed
the within instrument pursuant to its bylaws or a Resolution of its Board of
Directors.
Wi nes s my hand and official seal
OFFICIAL SEAL
BARBARA A. THOMASON
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY --Notary Public in do r said tate
My Commission Expires Aug. 10, 1986
CERTIFICATE OF SECRETARY
I, CHARLES F. BEALS, the duly elected and qualified
secretary of the S. A. HEALY COMPANY do hereby certify that the
following is a true and correct copy of a resolution of the
Board of Directors of the S. A. HEALY COMPANY, an Ohio Corpor-
ation, held at the corporate headquarters in McCook, Illinois,
March 25, 1986
WHEREAS, it is the desire of the Board of
Directors of the S. A. HEALY COMPANY to
tender a bid on the construction of the
W project known as E1 Camino Real Extension
from Tustin Auto Center to Myford Road,
for the City of Tustin, California;
WHEREAS, time and distance being deter-
minant factors in the proper submittal of
a competent proposal;
NOW THEREFORE, be and is hereby resolved
that John A. Artukovich, Jr. be and is
hereby authorized and directed to execute
bid documents, construction contracts,
indemnity agreements and other such and
further documents as may be deemed to be
in the best interests of said corporation
in the pursuit of the aforementioned pro-
ject, without further ratification, con-
sent or approval of this Board of Direc-
tors.
Car es F. Beals, Secretary
r
7� .• -ISSUED IN TRIPLICATE IN
TO: CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
NAME AND ADDRESS OF INS
CITY OF TUSrIN
ANCE AND DESIGNATION OF NAMED P. :TIONAL INSURED
S. A. HEALY COMPANY
P. 0. Box 11, McCook, Illinois 60525
NAME AND ADDRESS OF INSURANCE AGENCY
CORROON & BLACK INSURANCE SERVICES
P. 0. Box 90190, Pasadena, CA 91109-0.190
•.e a EL CAUNO REAL EXTENSION
11A M_ JI' TO 4I•4• i• "NOAD
ARGONAUT INSURANCE COMPANY
425 Shatto Place, Los Angeles, CA
INTERNATIONAL INSURANCE COMPANY
3333 Wilshire Boulevard, Los Angeles, CA 90010
STONEWALL INSURANCE COMPANY
9800 Centre Parkway, Houston Texas
This is to certify that the policies of insurance listed below have been issued to the insured nam-
ed above, are in force at this time, that the City of Tustin is a named additional insured thereon
as respects claims arising in connection with the hereinabove named Project and that such insur-
ance shall be primary with respect to any other insurance in force purchased by the City of Tustin.
Type of Insurance Policy Policy Limits of Liability in Thousands
Insurance Company Number Expiration Each
Date Occurrence Aggregate
GENERAL LIABILITY Bodily Injury $ $
Comprehensive form ARGONAUT
Premises -operations INSURANCE COMPANY CL20-451-112218 2/27/87 property Damage $
Explosion and collapse
ThishaazarThis certificate or verification of insurance is not
insurance policy and does not amend,exter+0
Underground Hazard
the ceverage afforded by the polities
Products/completed
or alter
or
listed harein.No"+rithst�ndin!,mrt�rr•quirerrrerd,
operations hazard
term,orcanditionofA"Ycnnt"it'1='r rdooLi-
Contractual insurance
ment+r;itht trii:'c'ertiftcat•or
ed or may
Broad form property
verificatiosjs of insurance m r.*:',ai;a+.
pertain, the insurance aifordad by the polities
damage
described herein issubject toallthetwin s,ex-
Inde Iendent contractors
clusions and conditions of such policies.
Personal Injury
AUTOMOBILE
LIABILITY ARGONAUT
Comprehensive form INSURANCE COMPANY
Bodily Injury $1,000, $ 1,000,
& property
damage combined
PERSONAL INJURY
Bodily Injury
(each person)
CA20-451-112219 2/27/87 Bodily Injury $
Owned each
Occurrence
Hired Property Damage $
Bodily Injury &
Canbined Property Damage 1 000
Combined $
$ Incl.
EXCESS LIABILITY Bodily Injury &
INTERNATIONAL INS. CO. 531-000-139-5 2/27/87 Property Damage $ $
Umbrella form
2 11
Combined $ 2,000, $ 2,000,
Form11,110: r
2,000, 2,000,
s�mtvEw�r.r, TNS_ m_ �Rnn��Ri ����iQ� �
CODJPENSP1rICN ARGONAUT INSURANCE CO.WC 20-451-112220 2/27/87 Statutory CALIFORNIA
and (each
EMPLOYERS' I $500, $ accident)
LIABILITY
It is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to
the terms of all Workers Compensation Insurance.
THE EFFECTIVE DATE OF EACTI POLICY LI $ IS 2/27Q6.
The issuing co-pany will give thirty It days wr tten notice to the City of Tustin prior to
modification or cancellation. Date Issue: May 8, 1986
NO MODIFICATIONS OR ADDITIONS MAY BE MADE/ k't, (�11 F t y►l , l?i
TO THIS FORM. Autt— ori ized Representative of the above-
named insurance company (ies )
R:9/25/82(P-Tustin)
C-�3