HomeMy WebLinkAboutCC 6 PAVEMENT REHAB 05-05-86DATE:
APRIL 28, 1986
CONSENT CALENDAR
NO. §
5-5-86
Inter- Com
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
PUBLIC WORKS DEPAJ~ll4ENT, ENGINEERING DIVISION
FIN/U. ACCEPTANCE OF PUBLIC INPROVEFIENTS - FI.SCA/. YEAR 1985-86 PAVEMENT
REHABILITATION AND ASPHALT CONCRETE OVERLAY PROGRAM
RECOMMENDATION:
It is recommended that the City Council, at their meeting of May 5, 1986, adopt
the attached Resolution accepting said work and authorizing the recordation of the
Notice of Completion.
Assuming no claims or stop payment 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 10% retention amount of $30,518.33. This
amount together with previous payments of $274,664.92 represents 100% of the final
contract amount.
BACKGROUND:
This project encompassed heater remix and AC overlay of streets at seven locations
throughout the City.
The work has been completed to the satisfaction of the Engineering Division. The
preliminary contract amount based on estimated quantities was $278,321.82. The
final contract amount is $305,183.25 which included a $25,000.00 addition to the
contract for paving of Roanoke and Devonshire in Tustin Meadows. The Tustin
Meadows street was added to the contract at the end of the project in order to
utilize all budgeted funds.
Dale A. W1 ck ~'-
Assistant City Engineer
DAW/BL/jr
Attachment
cc: City Clerk Finance Director
Street Maintenance Superintendent
Bob Ledendecker
Director of Public Works/City Engineer
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RESOLUTION NO. 86-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION
WHEREAS, Blair Paving, Inc., 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:
FISCAL YEAR 1985-86 PAVEMENT REHABILITATION AND
ASPHALT CONCRETE OVERLAY PROGRAM
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 ., 1986.
MAYOR
ATTEST:
CITY CLERK
ITY C t-ERK .coPY
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
FISCAL YEAR 1985-86
PAVEMENT ASPHALT
CONCRETE OVERLAY PR GRA
Contractor, party of the second part.
ARTICLE I. Witnesseth,.that for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the said party of the
first part, and under the conditions expressed in the two bonds, bearing date with
these presents, and hereunto annexed the said party of the second part agrees with
said party of the first part, at his own proper cost and expense, to do all the work
and furnish all the materials, except such as are mentioned in the Specifications to
be furnished by said party of the first part, necessary to construct and complete in
good workmanlike and substantial manner and to the satisfaction of the said party of
the first part, in accordance with the plans and specifications entitled, Fiscal Year
1985-86 Pavement Rehabilitation and Asphalt Concrete �Overlay Program and in accordance
with the "Standard pecifi cati ons" dated January 19$1 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:
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his agreement, made and
concluded,
in triplicate, this
/76L_ day of
one thousand
nine hundred and eighty-six between t e City of Tustin,
California, arty of the first
part, and
Blair PavingInc.,
A corporation organized
and existingunder and by virtue
of the
laws of t��ta�ali
California an
authorized o ized to do business in the
State of
California
Contractor, party of the second part.
ARTICLE I. Witnesseth,.that for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the said party of the
first part, and under the conditions expressed in the two bonds, bearing date with
these presents, and hereunto annexed the said party of the second part agrees with
said party of the first part, at his own proper cost and expense, to do all the work
and furnish all the materials, except such as are mentioned in the Specifications to
be furnished by said party of the first part, necessary to construct and complete in
good workmanlike and substantial manner and to the satisfaction of the said party of
the first part, in accordance with the plans and specifications entitled, Fiscal Year
1985-86 Pavement Rehabilitation and Asphalt Concrete �Overlay Program and in accordance
with the "Standard pecifi cati ons" dated January 19$1 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:
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SCHEDULE OF WORK ITEMS AND CONTRACT PRICES
FISCAL YEAR 1985-86 PAVEMENT REHABILITATION
AND ASPHALT CONCRETE OVERLAY PROGRAM
Item
No.
Item With Unit Price
Written In Words
Approximate
Quantity
Unit Price
In Figures
Total In
In Figures
1.
Cold Plane existing pavement,
5'-0" width at No dollars and
fifty nine cents
16,524 L.F.
$ 0.59
$ 9,749.16
Per Lineal To—ot
2.
Heater Remix existing pavement to
3/4"-1" depth and apply reclamite
at No dollars and ten and one
586,278 S.F.
0.105
61,559.19
half cents
Per Square oot
3.
Furnish & Construct Asphalt
Concrete Pavement Overlay at
Twenty eight dollars and sixteen
6,702 Tons
28.16
188,728.32
cents
Per on
4.
Adjust Manholes to Finished grade
at *One hundred and seventy
54 Each
170.00
9,180.00
do ars and no cents
Per Each
5.
Adjust Water Valves to finished
grade at One hundred and thirty
five dollars and no cents
50 Each
135.00
6,750.00
Per Each
6.
Install traffic striping per plan
sheets three and four at Two
thousand three hundred and f—'ift
1 Lump Sum
2,355.15
2,355.15
five dollars and fifteen cents
Per Lump Sum
TOTAL CONTRACT $ 278,321.82
Total or gross sum written in words Two hundred and seventy eight thousand three
hundred and twenty one dollars and eighty two cents
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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
Contr2ctor 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
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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.
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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.
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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)
Contrac an and Approved:
Date'.i•i `
City Attorney
APPROVED AS TO CONTENT:
v Date 3
4
Assr, Uty Engineer
(Seal)
STATE OF CALIFORNIA) SS
COUNTY OF
TUSTINQ,��
BY:
'Mayor of the City of Tustin
ATTEST: S- ff . lt�ti
-City CTerk Mf the C11 of Tustin -
Blair Paving Inc.,
A California Corporation
BY:
Ben Day, PresiA,6nt
' C.
aro yn n rs n, ecret ry
Treasurer
On & 5' , 191,,,�2, , before me, the undersigned,
the said State, personally appeared Ben Day, known to me to
Carolyn Anderson, known to me to be the Secretary/Treasurer,
corporation that executed the within instrument, known to me
executed the within instrument on behalf of the corporation
acknowledged to me that such corporation executed the within
its bylaws or a Resolution of its Board of Directors.
W -i
a Notary Public in and for
be the President and
of Blair Paving Inc., the
to be the persons who
herein named, and
instrument pursuant to
Witness my hand and official seal
otary��� i c in -And fors i tate
OFFICIAL SEAL
�•
PHYLLIS G. EPPIG
NOTARY PUBLIC CALIFORNIA
MtNCIPAL OFFICE IN
COUNTYORANGe
Mr comm►sswn fig, May 19, 1989
W -i
a Notary Public in and for
be the President and
of Blair Paving Inc., the
to be the persons who
herein named, and
instrument pursuant to
Witness my hand and official seal
otary��� i c in -And fors i tate
CITY OF TUSTIN
CERTIFICATE OF IN`' -ANCE ASID DESIGNATION OF NAMED ' )ITIONAL INSURED
TO: CITY OF TUSTIN PRJECI':
300 Centennial Way
Tustin, CA 92680 FY1985-86 Pavement Rehab & Asph Overl
Blair Paving, Inc. I Nationwide Ins. Co.
4055 E La Palma #A 202 E Airport Dr.
Anaheim, CA 92807 San Bernardino, CA 92408
NAME AND ADDRESS OF INSURANCE AGENCY
Sandie Locklin
Nationwide Ins. Co
202 E. Airport Dr. San Bdno CA 9208
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 b 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
x
Nationwide 2/28/8
Premises -operations
x
11 73SM0061.71-0002
Property Damage
$
Explosion and collapse
x
hazard
Underground Hazard
x
Products/completed
x
operations hazard
Bodily Injury
$1,000
$1,000,
Contractual insurance
x
& property
Broad form property
x
damage combined
damage
Independent contractors
x
Personal Injury
PERSONAL INJURY
$
AiTrOML1BILE
ily Injury
$
LIABILM
(each person)
Comprehensive form
x
Nationwide 2/28/8-)
73BA006171-0001
Bodily Injury
$
$
Owned
x
��
each
Occurrence
Hired
x
it
Property Damage
$
$
Bodily Injury &
Combined
x
of
Property Damage
Combined
$ 1,000,
EXCESS LIABILITY
Bodily injury &
Property Damage
$
$
Umbrella form
x
Nationwide 3/4/87
Other than Umbrella
73CU006171-0003
Combined
$'+,000,$
4,000,
Form '
COMPENSATION Statutory
and ( each
EMPLOYERS' I $ 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 Wbrkers Compensation Insurance.
The issuing co -parry will give thirty (30) days written notice to the City of Tustin prior to
mod i f ica tion or cancellation. Date Issue: 3/5/86
NO MODIFICATIONS OR ADDITIONS MAY BE MADE Sandie Lockl in
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TO THIS FORM. Authorized Representative of the above-
named insurance company(ies)
R:9/25/82(F-11ustin)
STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
March 5, 1986 POLICYNUMBER: 732704-86
CERTIFICATE EXPIRES: 2/28/87
F—
City Of Tustin
Building & Safety Department
300 Centennial Way
Tustin, California 92680
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This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies.
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RESIDENT
r—
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JOB: 1985-86 Pavement Rehabilation & Asphalt Overlay
EMPLOYER
Blair Paying Inc.
4055 East La Palma #A
Anaheim, California 92807
crit 1no�o !DFA/ A -AAI OLD 262A