HomeMy WebLinkAboutCC 13 STREET IMPROV'S 05-19-86AGENDA
DATE: MAY 129 1986
TO: WILLIAM HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
CONSENT CALENDAR
NO. 13
5-19-86
Inter - Com
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS
'B" STREET AND MITCHELL AVENUE HCDA STREET IMPROVEMENTS
RECOMMENDATION:
It is recommended that the City Council, at their meeting of May 19, 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 $14,471.02. This
amount together with previous payments of $130,239.20 represents 100% of the final
contract amount.
BACKGROUND:
This project encompassed reconstruction of "B" Street from 300' + north of
McFadden to Mitchell, and Mitchell between "B" Street and 150 + westerly of
Newport.
The work has been completed to the satisfaction of the Engineering Division. The
preliminary contract amount based on estimated quantities was $135,227.63. The
final contract amount is $144,710.22 for an over -run on the contract of $9,482.59.
Dale A. Wick
Assistant City Engineer
DAW/BL/jr
Attachment
cc: City Clerk
Finance Director
Street Maintenance Superintendent
Mary Ann Chamberlain
�r
Bob� d� er
Director of Public Works/City Engineer
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RESOLUTION NO. 86-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND
UTHORIZING RECORDATION OF NOTICE OF COMPLETION
"B" ST. AND MITCHELL AVE. HCDA STREET IMPROVEMENTS)
WHEREAS, Sully -Miller Contracting Co., 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:
"B" STREET AND MITCHELL AVENUE HCDA STREET IMPROVEMENTS
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.
ATTEST:
C (TY G L EQ K Copy
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
FOR
RECEIVED
TUSTiN Pijai it ^Er',,.
OCT 31 1985
BY
"B" STREET AND MITCHELL AVENUE HCDA STREET IMPROVEMENTS
T 1 agreement, made and concluded, in triplicate, this day of
one thousand nine hundred and eighty-five between the City of
ustin, Ca i ornia, party of the first part, and Sully -Miller Contracting Company,
A corporation organized and existing under and by virtue of t e laws of the State o
California 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, "B" Street
and Mitchell Avenue HCDA Street Improvements and in accordance with the "Standar
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
SCHED�_c OF WORK ITEMS AND CONTRACT Pk_-�ES
"B" STREET AND MITCHELL AVENUE HCDA STREET IMPROVEMENTS
Item
Item With Unit Price
Approximate
Unit Price
Total In
No.
Written In Words
Quantity
In Figures
In Figures
1.
Clearing and Grubbing and miscel-
laneous at Ten thousand four
1 L.S.
$10,400.00
$10,400.00
hundred dollars and no cents
Per lump sum
2.
Sawcut AC or PCC at One dollar
and two cents
1,244 L.F.
1.02
1,268.88
Per lineal foot
3.
Remove and dispose of excess
excavated material at Eight
dollars and sixty cents
1,320 C.Y.
8.60
11,352.00
Per cubic yards
4.
Furnish materials for and relocate
water meters at One thousand one
11 Each
1,150.00
12,650.00
hundred andfift dollars and
no cents Per Each
5.
Furnish materials for and install
2" water service at One thousand
3 Each
1,150.00
3,450.00
one hundred and fifty dollars and
no cents Per Each
6.
Furnish and Install 2" PVC
schedule 80 street light conduit
at Thirteen dollars and seventy
371 L.F.
13.75
5,101.25
five cents Per lineal foot
7.
Furnish and install fire hydrant
incl. valve and hydrant lead at_
Three thousand eight hundred
1 Each
3,800.00
3,800.00
dollars and no cents Per Each
8.
Furnish and construct Type "D" PCC
curb and gutter at Nine dollars
and no cents Per lineal Foot
1,093.5 L.F.
9.00
9,841.50
9.
Furnish and construct Type A-2 PCC
curb and gutter at Nine dollars
and no cents Per lineal foot
164.9 L.F.
9.00
1,484.10
10.
Furnish and construct PCC curb and
gutter transition at Nine dollars
35.6 L.F.
9.00
320.40
and no cents Per lineal foot
11.
Furnish and construct 4" thick PCC
sidewalk at One dollar and sixty
five cents Per square foot
5,418 S.F.
1.65
8,939.70
C-2
SCHEDULE OF WORK ITEMS AND CONTRACT PRICES (Continued)
"B" STREET AND MITCHELL AVENUE HCDA STREET IMPROVEMENTS
Item
Item With Unit Price
Approximate
Unit Price
Total In
No.
Written In Words
Quantity
In Figures
In Figures
12.
Furnish and construct 6" thick PCC
driveway apron incl, reinforcement
1,819 S.F.
$ 3.20
$ 5,820.80
at Three dollars and twenty cents
Per Square Foot
13.
Furnish, place and compact CL 2
aggregate base at Ten dollars
and no cents
2,000 Tons
10.00
20,000.00
Per Ton
14.
Furnish, place and compact asphalt
concrete base course at Thirty
six dollars and no cents
300 Tons
36.00
10,800.00
Per -on
15.
Furnish, place and compact asphalt
concrete wearing course at Thirty
six dollars and no cents
200 Tons
36.00
7,200.00
Per Each
16.
Adjust manhole frame and cover to
finished grade at Five hundred
and fifty dollars and no cents
1 Each
550.00
550.00
Pr each
17.
Furnish and construct 6' high
block wall at Forty seven dollars
45 L.F.
47.00
2,115.00
and no cents
Per Lineal Foot
18.
Furnish and construct 5' high
block wall at Forty five dollars
and no cents
45 L.F.
45.00
2,025.00
Per Lineal Foot
19.
Furnish and construct 3' high
block wall at Thirty six dollars
and no cents Per Lineal Foot
85.5 L.F.
36.00
3,078.00
20.
Furnish and construct 4' high
chain link fence at Eleven
64.5 L.F.
11.00
709.50
dollars and no cents
Per Each
21.
Furnish and construct 3' high wood
rail fence at Eleven dollars and
33.5 L.F.
11.00
368.50
no cents
Per Lineal Foot
C-3
SCHEDULE OF WORK ITEMS AND CONTRACT PRICES (Continued)
"B" STREET AND MITCHELL AVENUE HCDA STREET IMPROVEMENTS
Item
No.
Item With Unit Price
Written In Words
Approximate
Quantity
Unit Price
In Figures
Total In
In Figures
22.
Furnish and construct 6' high wood
fence at Twenty one dollars and
33 L.F.
$ 21.00
$ 693.00
no cents
Per Lineal Foot
23.
Furnish and construct 3' high wood
gate at One hundred and ten
dollars and no cents
1 Each
110.00
110.00
Per Each
24.
Furnish and construct house sewer
laterals at One thousand two
hundred dollars and no cents
9 Each
1,200.00
10,800.00
er Each
25.
Furnish and plant trees. at Three
hundred dollars and no cents
4 Each
300.00
1,200.00
Per Each
26.
Furnish and construct curb drains
at Two hundred and seventy five
2 Each
275.00
550.00
dollars and no cents
Per Each
27.
Furnish and install metal beam
guard rail at Six hundred dollars
and no cents
1 Each
600.00
600.00
Per Each
Total Contract $135,227.63
Total or gross sum written in words One hundred and thirty five thousand two hundred
and twenty seven dollars and sixty three 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.
C-5
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 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. The Contractor shall take out, maintain and pay all premiums 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 with the City of Tustin and its officers, employees and agents as named
additional insureds. The Contractor shall require any subcontractor to provide him
with evidence of the same liability insurance coverages. The failure of the
Contractor to require any subcontractor to provide him with such evidence of the same
liability insurance coverages shall constitute a material breach of this contract.
The amount of insurance shall not be less than single limit coverage applying to
bodily and personal injury liability and property damage in the amount of $1,000,000.
The following endorsements must be indicated on all certificates of insurance:
(1) The City of Tustin, its officers, employees and agents are named as additional
insureds in the policy as to the work being performed under the contract;
(2) The coverage is PRIMARY and no other insurance carried by the City of Tustin
will be called upon to contribute to a loss under this coverage;
(3) The policy covers blanket contractual liability;
(4) The policy limits of liability are provided on an occurrence basis;
(5) The policy covers broad form property damage liability;
(6) The policy covers personal injury as well as bodily injury liability;
(7) The policy covers explosion, collapse and underground hazards;
(8) The policy covers products and completed operations;
(9) The policy covers use of non -owned automobiles;
(10) The coverage shall not be cancelled nor materially altered unless and until
thirty (30) days written notice is given to the City of Tustin.
C-7
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 B D APPROVED:
Date /C1--3&4
qty ttorney
APPROVED AS TO CONTENT:
Dater
City Engineer
STATE OF CALIFORNIA) SS
COUNTY OF L_�)
On , 1951 before me, the undersigned, a notary public in and for the
said State personally appeared Robert E. Holland, known to me to be the Vice
President, and James F. Winders, known to me to be the Assistant Secretary of
Sully -Miller Contracting Company, the corporation that executed the within instrument,
known to me to be the persons 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.
a„ OFFICIAL SEAL
Christine L. Argdahl
i NUTAFCY rORtIC CALIFORNIA
PRINLI"ALurPCE IN
CRAN(l C!,uNTr
y�►�l^Mrm. sicm' Expires Oct ' i, 19FR
TUSTIN November 4, 1985
BY:
Mayor of the City of Tustin
(Seal)
ATTEST:o. z' , 4)
City Clerk,0of the oty of Tustin
Sully -Miller Contracting Company
A California Corporation
ME
NN
Wit'n ss,, my hand and officjepl seal
a ry Public Wand\f_� saYState
CITY OF TUSI'IN
CERTIFICATE OF IN.' %NCE AND DESIGNATION OF NAMED A. I'IONAL INSURED
T07 CITY OF TUSI'IN PECT
300 Centennial Way "B" Street an wflell Avenue HCDA Street
Tustin, CA 92680 Improvements
AND RESS OF TINS FF. CON R�,C.'r NAME AND ADDRESS OF INSURANCE COMPANY(IES)
o ers. map nc. G i s u si nary
��y-Mi �epr �$tractingompany The Travelers Indemnity Company
N00 East South Street
Long Beach, CA 90805 One Tower. Square
NAME AND ADDRESS OF INSURANCE AGENCY Hartford, Connecticut 06115
Johnson 4 Higgins of PA, Inc.
2600 One PPG Place
Pittsburgh, PA 15222
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 o Insurance Policy Policy LN—Liability in Thousands
Insurance Company Number Expiration Each
Date Occurrence Acrcrrecrate
GENERAL LIABILITY The Travelers
Comprehensive form Indemnity Company
Premises -operations tf
Explosion and collapse
hazard if
Underground Hazard "
Products/completed
operations hazard "
Contractual insurance "
Broad form property
damage
Independent contractors "
Personal Iniury "
LIABILITY
Comprehensive form
Owned
Hired
Combined
TRSLG180T4523-85 JBodily Injury $
01/01/86
it if Property Damage $
„
„
The Travelers TRCAP180T4547-85
Indemnity Company 01/01/86
Umbrella form
Other than Umbrella
Form
M
UU
IE
Bodily Injury $ 1,000 $ 1,000
& property
damage combined
PERSONAL INJURY $ 1,000
Bodily Injury $ $
(each person)
Bodily Injury $ $
each
Occurrence
Property Damage $ $
Bodily Injury &
Property Damage
Combined $ 1,000
Bodiiy Injury &
Property Damage $ $
Combined $ $
WURK�, SELF INSURED BY STATE OF CALIFORNIA
COMPENSATION CERT. NO. 1130 -CONTINUOUS COVERAGE Statutory
arra (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 Workers Compensation Insurance.
The issuing ca^pany will give thirty (30) days written notice to the City of Tustin prior to
modification or cancellation. Date Issue: October 29, 1985
NO MODIFICATIONS OR ADDITIONS MAY BE MADE /ell Zaad
TO THIS FORM. Authorized Rep sentative of the ve-
named insurance company(ies)
R:9/25/82(P-Tustin)
C-13
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