HomeMy WebLinkAboutCC 7 STORM DRAIN IMP'S 03-18-85 ENDA
~A~~ NO. 7
: MARC. 11, 198S Inter- Com
TO:
FROM:
SU BJ ECT:
WILLIAM HUSTON, CITY MANAGER
DALE A. WICK, ASSISTANT CITY ENGINEER
FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - "B" STREET HCDA STREET AND
STORM DRAIN IMPROVEMENTS
RECOMMENDATION:
It is recommended that the City Council, at their meeting of March 18, 1985, adopt
the attached Resolution accepting subject project and authorizing the filing of
the Notice of Completion at the County Recorder's office.
It is further recommended that the City Council, by minute order, authorize
payment of the final 10% retention amount of $9,861.89 30 days after the date of
recordation of the Notice of Completion, providing no liens or stop payment
notices-have been filed against the project.
BACKGROUND:
This project encompassed construction Jf street improvements on "B" Street from
McFadden to 300' + northerly and construction of a storm drain on "B" Street from
Mitchell to Niss~ Road.
The preliminary contract amount based on estimated_quantities was $94,700.67. The
final contract amount is $98,618.89 for an overrun on the contract of $3,918.22.
The project has been completed to the satisfaction of the Engineering Division.
Assistant City Engineer
DAW:jr
cc: City Clerk Finance Director
Street Maintenance Superintendent
Mary Ann Chamberlain
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RESOLUTION NO. 85-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION
(B ST. HCDA STREET & STORM DRAIN IMPROVEMENTS)
WHEREAS, Griffith 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:
"B" STREET HCDA STREET AND STORM DRAIN 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 , 1985.
MAYOR
ATTEST:
CITY CLERK
G t'r% C(_FQK COPY
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
FOR
"B" STREET HCDA STREET AND STORM DRAIN IMPROVEMENTS
This agreement, made and concluded, in triplicate, this 6 day of
_)2A , one thousand nine hundred and eighty-four be ween the i y of
Tustin, California, party of the first part, and Griffith Company, a California
Corporation organized and existing under and by virtue of the laws of the a e o
a i ornia and authorized o do business in the State of California,
Contractor, party of the second par .
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
HCDA Street and Storm Drain Improvements and in accordance with the "Stan ar
peci ica ions dated January 1981 of te 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
SCHEDL_- OF WORK ITEMS AND CONTRACT PR,_�S
"B" STREET HCDA STREET AND STORM DRAIN IMPROVEMENTS
Item
Item With Unit Price
Approximate
Unit Price
Total In
No.
Written In Words
Quantity
In Figures
In Figures
1.
Clearing and Grubbing at Fifteen
Thousand Dollars and No Cents
1 L.S.
$15,000.00
$15,000.00
Per ump sum
2.
Sawcut AC or PCC at Fifty Five
Cents
930 L.F.
.55
511.50
Per inea o0
3.
Excavation and Removals at Eight
Dollars and Seventy Nine Cent—
700 C.Y.
8.79
6,153.00
Per cubic yar s
4.
Demolition and Removal of Garage/
Block Walls at Two Thousand Six
1 L.S.
2,625.00
2,625.00
Hundred and Twenty Five Dollars
and No Cents Per lump sum
5.
Furnish and Install Asphalt,
Concrete Pavement at Thirty Nine
204 Tons
39.13
7,982.52
Dollars and Thirteen Cents
Per ton
6.
Furnish and Install Aggregate Base
at Seven Dollars and Ninety
698 Tons
7.98
5,570.04
Eight Cents
Per on
7.
Cold Plane Existing AC Pavement
(5' - 0" wide) at Nine Dollars
190 L.F.
9.43
1,791.70
and Forty Three Cents
Per inea o0
8.
Furnish and Construct Type D PCC
Curb and Gutter at Eight Dollars
535 L.F.
8.25
4,413.75
and Twenty Five Cents
Per 11 neaT753T
9.
Furnish and Construct PCC Cross
Gutter at Three Dollars and
950 S.F.
3.53
3,353.50
Fifty Three en s
er sq - Ft.
10.
Furnish and Construct PCC Sidewalk
at Two Dollars and Six Cents
2,787 S.F.
2.06
5,741.22
Per Sq.Ft.
11.
Furnish and Construct PCC Drive
Apron at Two Dollars and Sixty
576 S.F.
2.69
1,549.44
Nine Cents
Per Sq.Ft.
C-2
SCHEDULE OF WORK ITEMS AND CONTRACT PRICES (Continued)
"B" STREET HCDA STREET AND STORM DRAIN IMPROVEMENTS
Item
Item With Unit Price
Approximate
Unit Price
Total In
No.
Written In Words
Quantity
In Figures
In Figures
12.
Furnish and Install Fire Hydrant
Assembly Including Hot Tap at
1 Each
$2,100.00
$ 2,100.00
Two Thousand One Hundred Dollars
and No Cents Per Each
13.
Furnish and Install VCP Sewer
Lateral and Appurtenant Work at
Seventeen Dollars and Fifty CenTs
120 L.F.
17.50
2,100.00
Per lineal foot
14.
Furnish and Install Sheeting,
Shoring and Bracing at Seven
Hundred Eighty Five Dollars and
1 L.S.
785.00
785.00
No Cents Per lump sum
15.
Furnish and Construct Junction
Structure Type 1 per O.C.E.M.A.
Std. No. 310 at One Thousand Seven
1 Each
1,750.00
1,750.00
Hundred and Fifty o ars an
o Cents —Fer ac
16.
Furnish and Install 30" RCP 1250D
at Sixty One Dollars and No Cents
400 L.F.
61.00
24,400.00
Per inea o0
17.
Furnish and Construct Brick and
Mortar Plug at One Hundred and
1 Each
160.00
160.00
Sixty Dollars and No Cents
Per TRW
18.
Furnish and Construct Masonry
Block Wall per O.C.E.M.A. Std. 414
960 S.F.
6.62
6,355.20
at Six Dollars and Sixty Two
Cents Per Sq.Ft.
19.
Adjust Manhole to Finished Grade
at Two Hundred and Sixty Five
1 Each
265.00
265.00
Dollars and No Cents Per ac
20.
Adjust Water Valve to Finished
Grade at One Hundred and Eighty
2 Each
185.00
370.00
Five Dollars and No Cents Per Each
21.
Furnish and Install Street Light
Conduit at Four Dollars and Five
156 L.F.
4.05
631.80
Cents
Per lineal foot
C-3
SCHEDULE OF WORK ITEMS AND CONTRACT PRICES (Continued)
"B" STREET HCDA STREET AND STORM DRAIN IMPROVEMENTS
Item
Item With Unit Price
Approximate
Unit Price
Total In
No.
Written In Words
Quantity
In Figures
In Figures
22.
Furnish and Install 15 Gallon
Italian Cypress at Eighty Four
13 Each
E 84.00
$ 1,092.00
Dollars and No Cen s
er ac
TOTAL CONTRACT $ 94,700.67
Total or gross sum written in words Ninety Four Thousand Seven Hundred Dollars and
Sixty Seven Cents
C -3A
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-4
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 provisions of Section 3700 of the Labor
Code which requires every employer to be insured against liability for worker's
Compensation or undertake self-insurance in accordance with the provisions of that
code and will comply with such provisions before commencing the performance of the
work of this contract.
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.
C-5
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-6
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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
(Seal)
./_: ui!r
OF TUSTIN
BY:
mayor of the Lity of 167sun
Date/,f 2"f1f
APPROVED AS TO CONTENT:
ATTEST:
city Cler c of the Ciy o us, n
Date -
y Engineer Griffith Company
A California CorD�r�ati on
(Seal)
`� 1
jamekD. Waltze, Vice z net
Dis Manager
BY:
eague,,s an c
Ma ager
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
On , 1984 before me the undersigned, a Notary Public in and for the said
State persona y appeared James D. Waltze, known to me to be the Vice
President/District Manager and Dennis H. Teague, known to me to be the Assistant
District Manager of Griffith 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.
Witness my Hand and Official Seal;
Notary u is In and For Said StatF_
C-7
CITY OF TUSTIN
CEPTIFICATE OF I' 'TRANCE AND DESIGNATION -OF NAMEr
)DITIONAL INSURED
TO: CITY OF TUSTIN PRWECT: "B" Street HDCA
300 Centennial Way Street and Stone Drain Improvements
Tustin, CA 92680 City of Tustin
NAME AND ADDRESS OF INSURED CONTRACTOR NAME AND ADDRESS OF INSURANCE COMPANY(IES)
Griffith Company 1) Unicare Insurance Company
P. O. Box 980 2361 Campus Drive
Long Beach, CA 90801 Irvine, CA 92715
NAtJE AND ADDRESS OF INSURANCE AGENCY 2) Central National Insurance Company
Corroon & Black Insurance Services 3580 Wilshire Blvd.
P. 0. Box 90190 Los Angeles, CA 90010
Pasadena, CA 91109-0190
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
OLNERAL LIABILITY
Bodily Injuzy
$
$
Comprehensive form
Premises -operations
Property Damage
$
Explosion and collapse
hazard
�
Underground Hazard Unicare Insurance Co.
UGA-01-1255 7/1/85
Products/completed
operations hazard
Bodily Injury
$500,
$500,
Contractual insurance
& property
Broad form property
damage combined
damage
Independent contractors
Personal Injury
PERSONAL INJURY
$500,
AUTOMOBILE
Bodily Injury
$
$
LIABILITY
(each person)
Comprehensive form �Unicare Insurance Co.
UAA-01-1255 7/1/85
Bodily Injury
$
$
Owned
each
Occurrence
Hired
Property Damage
$
$
Bodily Injury &
Combined
Property Damage
Combined
$ 500,
;EXCESS LIABILITY
Bodily Injury &
Property Damage
$
$
Umbrella form ''"j entral National
CNU00-17-26 7/1/85
Other than Umbrella
Combined
$2,000,
$
Form
COMPENSATION Unicare Insurance Co. UCA-01-1255 7/l/85 Statutory
and i (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.
'he issuing co pany will give thirty (30) days written notice to the City of Tustin prior to
)Idification or cancellation. Date Issue: November 27, 1984
8 MODIFICATIONS OR ADDITIONS MAY BE MADE
b THIS FORM. AdthoriRepresentative of the above-
named insurance company(ies)
::9/25/82(PJI'ustin) C- 12