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HomeMy WebLinkAboutCC 8 PAVEMENT REHAB 04-15-85 CONSENT CALENDAR NO. 8 · ~ ~ 4-15-85 · AP.I, 985 Inter- Corn TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER DALE A. WICK, ASSISTANT CITY ENGINEER FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - FISCAL YEAR 1984-85 PAVEMENT REHABILITATION AND ASPHALT CONCRETE OVERLAY PROGRAM RECOMMENDATION: It is recommended that the City Council, at their meeting of April 15, 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 $27,287.08 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 heater remix and asphalt concrete overlay of pavement at 14 locations and asphalt concrete overlay only at two locations throughout the city. The preliminary contract ~mount based on estimated quantities was $282,392.08. The final contract amount is $272,870.75 for an underrun on the contract of $9,521.33. The project has been completed to the satisfaction of the Engineering Division. Assistant City Engineer DAW:jr CC: City Clerk Finance Directo~ Street Maintenance Superintendent 1 5 6 ? 9 10 11 12 13 14 15 16 17 18 19 20 21 26 RESOLUTION NO. 85-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (1984-85 ASPHALT CONCRETE OVERLAY PROGRAM) WHEREAS, R.J. Noble 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: FISCAL YEAR 1984-85 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 ., 1985. MAYOR ATTEST: CITY CLERK G lTY GL6=1< COPY CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CONTRACT FISCAL YEAR 1984-85 PAVEMENT ASPHALT CONCRETE OVERLAY PROGffAW — This a reement, made and concluded, in triplicate, this 2 day of Z one thousand nine hundred and eighty-four between the ' -My— y of us in, California, party of the first part, and R.J. Noble Company, A Corporation__ organized and existing under and by virtue of the laws of thestate California and authorized o 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 1984-85 Pavement Rehabilitation and Asphalt Concrete Overlay Program and in accor ance with the "Standard peci ica ions dated anuary 1981 of the 5fate 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 ARTERIAL HIGHWAY WORK SCHEDULE OF WORK ITEMS AND CONTRACT PRICES FISCAL YEAR 1984-85 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, 51-0" width at Sixty Two Cents 13,009 L.F. $ 0.62 $ 8,065.58 Per lineal o0 2. Heater Remix existing pavement to 3/4"-1" depth and apply reclamite at Nine Cents 413,003 S.F. 0.09 37,170.27 Per square foot 3. Furnish & Construct Asphalt, Concrete Pavement Overlay at Twenty Nine Dollars and Seventy 5,356 Tons 29.70 159,073.20 en s er Ton 4. Adjust Manholes to Finished grade at One Hundred and Fifty Dollars 39 Each 150.00 5,850.00 and No Cents Per Each 5. Adjust Water Valves to finished grade at One Hundred and Twenty Dollars an oents 41 Each 120.00 4,920.00 Per Each SUBTOTAL $ 215,079.05 C-2 RESIDENTIAL OR LOCAL STREET WORK SCHEDULE OF WORK ITEMS AND CONTRACT PRICES FISCAL YEAR 1984-85 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 6. Cold Plane existing pavement, 5'-0" width at Fifty Five Cents 9,269 L.F. E 0.55 E 5,097.95 Per lineal foot 7. Heater Remix existing pavement to 3/4"-1" depth and apply reclamite at Nine Cents 163,982 S.F. 0.09 14,758.38 Per square foot 8. Furnish & Construct Asphalt. Concrete Pavement Overlay at Twenty Nine Dollars and Seventy 1,511 Tons 29.70 44,876.70 en s er Ton 9. Adjust Manholes to Finished grade at One Hundred and Fifty Dollars 14 Each 150.00 2,100.00 an o ents Per Each 10. Adjust Water Valves to finished grade at One Hundred and Twenty Dollars and No Cents 4 Each 120.00 480.00 Per Each SUBTOTAL $ 63,313.03 GRAND TOTAL BID $ 282,392.08 Total or gross sum written in words Two Hundred and Eighty Two Thousand Three Hundred and Ninety Two Dollars and Eight Cents C-3 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-4 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 attorneyys 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; C-5 (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 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) Contra d A oved: Date i y orney APPROVED AS TO CONTENT: ZC4& [�'� Date 1/7/,657 A$9r. LItY Lngineer STATE OF CALIFORNIA) COUNTY OF ORANGE ) TUSTIN f A r BY: mayor ot the City of Tustin ATTEST: C _ 1,c City er e ui)otus in R.J. NOBLE CO. A California Corporation BY: (Seal az, Nell vans,' resp en BY: I I 11 am 11moy 4-0r, ecre ary On January 7th , 19 85 before me, the undersigned, a Notary Public in and for the said State personally appeared Neil R. Evans, known to me to be the Vice President, and William Timothy Carver, known to me to he the Secretary of R.J. Noble 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 eYFcuted the within instrument pursuant to its bylaws or a resolution of its Board of Directors. Witness my hand and of ,ficial seal: NOTARY PUBL'CIN AND FOR WAM ATS C-7 i...= 1 i 1CA1 E_ 0:1A;�. U U.v`�i:x�,.:.� . i�.J Jam. .7.. �.:tw .1. __X TOi. CZ'Y Oma' TUS Iv -SCAL YEAR 1984,85 300 Centennial Way "Ph'.,; L\T AND ASPHALT CONCRETE CA 92080 CV`R AY PROvEC i . NOBILE jC13 #5933 NAME AND ADDRESS OF INSUTRED COMIRAC O{ V1 .%2 AND ADDRESS) Gi' i ISj,�,kNCE COMPANYlSES) R.J. NOBLE COMPANY ETAL P.O. BOX 620 v�.-CARE ,V URAtiCE Co. 2',2,,-- CAMPLS DRIVE `ANGE, CA. c,266`7-0630,1,RVINE, CA. 92715 iVAAIE AtVi7 ADDREbS OF lNSURANCE AGL-� CY This is to cerz—L I crna(. u:e Joiicles 0,-- y1:JLt.: C4 .\.c� y... .... ... �A��i nave zee t. ,&Lle",. :.J11G1iQ— ed above, are in 'force at this �� .�, r .L �. C. -':.y a ^�'�st..�: is a ..a �\ aGdit-onal insured t:ereon as zels Jects claims arising g i:. cor-iec t -U : w__ : -. ec a .6 t:.at such ins;.;.r- CAI._:µ. .-la Ulm pr1t40..(1 "1 9��1 tl-1 J_ L Jy e,-,� l.. �l 4L a � � 1.�•- �•• 1, • •l' -• "•• '�A ..✓4t_CL d.i 'u. i.. �A .. � ..:tom 1,. l.d b '•..a' ie C _4' 'e r'- - t- ' l . T`j� of ':�lrande I'V_lcjl v-� : b,� , T :� til ;7 Tr: sand Insurance Carta ny '- cxL:� ra':ion Each n l:e 0.:c u=e cL Aggregate uEN ML LIABILs ' _ ; .M� y In j $ $ CGinprehensive - orm S-N1CA,�t IT N.D. CO. UG3011162 7/l/85 ti ;.�ra`ior's premdsE �e ..toper..7 ._} Nage .-$ Explosic:n aria collapse hazard thmergrounv a:uza= Products/ccimpleted operations haz,��. d o •rn. ury 500, $ 500, Contrac-Wal insi; a ;ce Broad form property darizage combined damage Independent contractors l�-_rsonal injury__ 500, — AlrL OiVDBiLE LIABILITY Eeach�person) Cmprehens ive form UNICARE INS. CO. UABO711i62 7/1/85 301ly injury Owned eacn .o�ptl.er�t✓D H 1 ?`.JiC iv-:,g e $ `? i iy niLlry Ccmbined 2rU,�eZ L%7 DC-LMge , 500, EXCESS LIABIL"=l l ii jt. L -Y cu G T� �y Dari"�c l t.0 , C11c3 f0 :id Gt:c :._ than tMbrella COMP::aNr SPIE' ION and UNICARE INS. CO. UC3011162 7, . / 8 5 (each EMPLOYERS` $ 2,000, accident) LIABILITY It is a waive: o :iereUy issued ui t~ -- City of Tustin as pertains to the ted ,--s alp. Worke.-S ati�i' Tac da :C iiye i:iSll:�n� C '� w2 i ave tri;rty (3u) Clays writ`ce t ..vim % Tie City of T�-stin -3i1Or to iirC?C1l.ication orcanoallatiOn. a'%t �, D� - 24 '-Ci iv ' ICAT' ONS Gid A D _ _ Mt T Thi[� _ l� 11t1�J Val."�`..� �. u2t..i`il:�.' tra V'(�'— yid 11 Vi :'vim l..l 1 T I CuY✓ JuJ _ 3�v i a TM J_:_ L W W :Vitl' it TOT L�� :2 :'.iS^~' N - P7 , ' SCgL YE:,A;z 1984-85 300 Centennial INay D,W- MEN T i-iAB t L I TAT I ON AND ASPI-ALT CONCRETE 'au.stin, CA 92=80 "'7- Y ,���� �C' N0P'_E u10E NAME Aj;D ADDRESS Oz'iNSJrZ u CONS RAaL OR . � ADDRESS ©F,NSJRA, ,-- C0MPANY i 1ES j R.J. NOBLE COMPANY ETAL P.O. :SOX 620 MiSSI"': iNATG�;AL INSURANCE- COMPANY ORA"o�E, CA. 92666-0630 3586 w LS, !R ;_VD. iVAMEE AND ADDRESS OF INSZ.i't.ANCE AGENCY LOS ANGELES, CA. 900'0 Comprehensive form Bod i l,, in ury $ $ Owner+ eac. Hired 7rc a y-. $ $ ln jury & Canbined 11roperty iDawlage Umbrella form Otiie ^ than LrLbre�.1r' MISSION NATIONAL INS. MN035525 7/1/85 ily Injury & Property Da nage Ccrrbined $ 0, WaRKEIRS ° C0M?1V4 SATiC v -Statut-ory a.^ LNfi'LC�t -AS ° " accident } L1Ati 1=1 6 It is cert --'--1'--,':e," that a waive" O : S::DrOCa -'' 0 . r ere:Dy lsa,ue'u to tide City of Just-- r, as to the terns of all' vbrkers Cc't1ipensat-.:i.i In K r7itte iSnC C I :41 W:_,. C:'C: *,-�: :,.�, ,..�;. �r. r K-, �:',. r..�, a, .r ^, i r �.., z-• --- a. 1 p ) Ch -:r L1 ✓V0 .;aya �1Li_....i1 �. _..1..•. ;'s..l ,.. e C -i I �.f: au�Lia3 pricy to Modi-fication Or 7;= R 2 ,4 NO w �. Ja L _ .. j ..� 31--, AZ1J1. i 'M\s tf =li 3., lCi:ai'il :'17 1. iVr..E_ "( i " 1ve o-' the z �-ve- o -the in�u� ad . _�-n This s to c2r� �L _- r,at the p�ilL�:_ s o1er _ uec ed above, Gre . force at this i..n L ; ,e C' --y o ':''astin is v. -gamed additional insured thereon as reslpects c aly,:.s ari;3-: ng in co li sectio : with ,�-ie hereir. � ;°,te .. r��d Pro-ect a --.d �:at a ch instar- . <:,i� Sila�l be primai� with resp a- ' e o `: ' ,_ ,. Ot_-? ..:`.sura a'- _ia Orcr-1 =;£'C� by _ tl e 1,-.'i O L . --.tin. Type o �c Li� ab _1 �t Thousands Insurance Can:y ;Number ::gip :1 on Eac: Occurrence Aggregate GLIERF.L LiAb L "' 3odiiy Injury $ $ Comprehensive fon Premises -operations ape -dye y $ Explosion and collapse hazard UndeiSround hazal Products/ample ted operations hazar;6 -- y In ury $ $ Contxactuai insurance property Broad form property damage: combined damage Independent contractors E Personal ,,jury '47LE 't3 y a..Dury $ $ LIABILM (each; person} Comprehensive form Bod i l,, in ury $ $ Owner+ eac. Hired 7rc a y-. $ $ ln jury & Canbined 11roperty iDawlage Umbrella form Otiie ^ than LrLbre�.1r' MISSION NATIONAL INS. MN035525 7/1/85 ily Injury & Property Da nage Ccrrbined $ 0, WaRKEIRS ° C0M?1V4 SATiC v -Statut-ory a.^ LNfi'LC�t -AS ° " accident } L1Ati 1=1 6 It is cert --'--1'--,':e," that a waive" O : S::DrOCa -'' 0 . r ere:Dy lsa,ue'u to tide City of Just-- r, as to the terns of all' vbrkers Cc't1ipensat-.:i.i In K r7itte iSnC C I :41 W:_,. C:'C: *,-�: :,.�, ,..�;. �r. r K-, �:',. r..�, a, .r ^, i r �.., z-• --- a. 1 p ) Ch -:r L1 ✓V0 .;aya �1Li_....i1 �. _..1..•. ;'s..l ,.. e C -i I �.f: au�Lia3 pricy to Modi-fication Or 7;= R 2 ,4 NO w �. Ja L _ .. j ..� 31--, AZ1J1. i 'M\s tf =li 3., lCi:ai'il :'17 1. iVr..E_ "( i " 1ve o-' the z �-ve-