HomeMy WebLinkAboutCC 7 PUBLIC IMPROV'S 05-17-82DATE: MAY 12, 1982
CONSENT CALENDAR
NO. 7
5-17-82
Inter-eom
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
DALE WICK, ASSISTANT CITY ENGINEER
FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - RED HILL AVENUE AHFP PROJECT
NO. 1064 BETWEEN LANCE DRIVE AND IRVINE BLVD.
~ATIN:
That the Tustin City Council, at their meeting of May 17, 1982, adopt the attached
resolution accepting subject project and authorizing the recordation of the Notice
of Completion. Assuming no claims or stop payment notices are filed within 30
days of the date of recordation of the Notice of Completion, it is further
rec~tm~nded that the City Council authorize payment of the final 10% retention
amount ($17,059.61) at that time. This amount together with previous payment of
$153,536.50 represents 100% of the final contract amount.
BACKGROUND:
Subject project enog0assed removal & replacement of deteriorated pavement, heater
remix of existing remaining pavement and installation of an asphalt concrete
overlay overall. In addition, added to the project as a contract change order was
recc~ction of the existing OCSD $7 sanitary sewer trench between First Street
and Irvine Blvd. This particular sewer trench has been a continual problem for
the City, in that frequent street failures have occurred. That portion of the
trench between Tance Dr. and First St. was previously reco~pacted in 1972 & 1973.
At that time, the City entered into an agreement with OCSD $7 whereby the district
agreed to pay the costs of recompaction in the event of future failures. The
section of the trench between First St. and Irvine Blvd. ws not originally
included for recompaction in this project since it was felt there had not been
'that much of a problem with settlement. However, just prior to start of the
project, a large section of .the street failed and subsequent investigation
revealed that the entire trench needed rec~k0action. It was determined that for
public safety reasons, the trench should be reco~pacted prior to the paving
operation.
All of the work has been completed to the satisfaction of the Engineering
Division.
The rpeliminary contract amount including the contract change order for sewer
trench rec~,i~action work was $163,119.92. The final contract amount based on "as
build" quantities is $170,596.11 for an over run on the contract of 4.6%. This
over run was due to the fact that during the sewer trench reccmpaction work the
trench settled more than was anticipated making it necessary to replace a larger
pavement area.
FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS
MAY 12, 1982
PAGE TWO
The funding split for this project is as follows:
CITY AHFP FUNDS
CfTJNTY AHFP FUbDS
COUNTY ROAD DEPT. ~3NDS
OCSD 97 FUbDS
$68,723.53
66,523.53
27,849.05
7,500.00
TOTAL $170,596.11
There is presently $107,800 in Gas Tax Funds budgeted for the City share of this
project.
There are five sewer laterals which were installed along with the OCSD ~7 sewer
(approximately 20 years ago). After the work on this project was oh.~leted, one
of these sewer laterals settled making it necessry for the City to have its local
contractor make repairs. It would be our intent to invoice OCSD ~7 for the
additional cost of this repair and to keep an eye on the other 4 laterals and
watch for any settlement. In the event repair is necessary, staff feels this
should also be OCSD %7's responsibility under the terms of our previous agreement.
DALE A. WICK
ASSISTANT CITY ENGINEER
db
cc: city Clerk Finance Director
Street Maintenance Supt.
OCSD %7 Attn: Ray E. Lewis
RESOLUTION NO. 82-37
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF
COMPLETION (RED HILL AVENUE RECONSTRUCTION)
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WHEREAS, R.J. Noble Company, having a contract with the City
7 of Tustin to construct the hereinafter described public work and
improvement; and
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WHEREAS, the City Engineer has duly certified to the
9 construction and completion of said public improvements
hereinafter mentioned in a manner satisfactory to the City
10 Council of the City of Tustin; and
11 WHEREAS, the City Council finds that said contractor has
completed said public improvement hereinafter more particularly
12 described in accordance with the provisions of the contract
documents and the notice of completion and acceptance of said
13 public work and improvement should be filed and payment of the
balance due said contract authorized in accordance with the
14 contract documents.
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15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Tustin that said pubic work and improvement be, and the
16 same is hereby accepted. Said public work and improvement is
more particularly described as follows:
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RED HILL AVENUE RECONSTRUCTION - AHFP PROJECT NO. 1064
& COOPERATIVE PROJECT NO. D82-002 FROM LANCE DRIVE TO
IRVINE BLVD.
AND BE IT FURTHER RESOLVED that the City Engineer of the
20 City of Tustin be, and is hereby authorized to execute and file a
notice of completion and acceptance of said public work and
21 improvement described herein as required by law.
22 PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin on 1982.
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MAYOR
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ATTEST:
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CiTY CLERK
C I TY C LEP < COPY
low 1qW
CITY OF TUSTIN
ORANGE Co[]NW, CALIFORNIA
CONTRACT
FOR
RID HILL AVENUE RECONSTRUMON
AHFP PRcjEC1' No. 1064
COOPERATIVE PROJFCT No. D82-002
This agr nt, made and concluded, in triplicate, thisA day of
� one thousand nine hundred and eighty-two between the City of Tustin,
California, party of the first part, and R.J. Noble Company, a corporation organized
and existing under and by virtue of the laws of the State of 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, Red Hill
Avenue Reconstruction AHFP Project No. 1064 and in accordance with the "StandarU
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 runner and accordinq 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
RID HILL AVENUE RECONSTRUCTION
AHF? MJECT NO. 1064
Item Item With Unit Price Approximate Unit Price Total In
No. Written In Words Quantity In Figures In Fiqures
1 . 5awcu t Asphalt Concrete Pavement
at Twenty-one cents _ 1 ,956 L.F. $0.21 $410.76
Per Lineal Foot
2. Cold Plane 5'-0" Wide at Fifty.-two
and five tenths cents 5,915 L.F. $0.525 $3,105.38
Per Lineal Foot
3. Excavation at Five dollars and
ninety-five cents 779 C.Y. $5.95 $4,635.05
Per Cubic Yard
4. Furnish and Construct Asphalt
Concrete Base Course 1 .10' Thick 1,577 Tons $22.03 $34,741 .31
at Twenty-two dollars and three
cents
Per Ton
5. Heater Remix 3/4" to 1" Depth,
Screed, Compact and Apply 191,300 S.F. $0.11 $21,043.00
Recycling Ageng at Eleven cents
Per Sq. Ft.
6. Furnish and Construct Variable
Thickness Asphalt Concrete Wearing
Course Overlay at Twenty-four 120 Tons $24.35 $2,922.00
dollars and thirty-five cents
Per Ton
7. Furnish and Construct 0.15' Thick
Asphalt Concrete Wearing Course
Overlay at Twnety-four dollars and 2,367 Tons $24.35 $57,636.45
thirty-five cents
Per Ton
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SCHEDULE OF WORK ITEMS AND CONTRACT PRICES (Continued)
RID HILL AVENUE REODNSTRUMCN
pHFp PRCITECr No. 1064
Item Item With Unit Price Approximate Unit Price Total In
No. Written In Words Quantity In Figures In Figures
8. Adjust Manhole Frame & Cover to
Finished Grade At One hundred and
fifty dollars and no cents 11 Each $150.00 $1 ,650.00
Per Each
9. Adjust Water Valve Box to Finished
Grade at One hundred and ten
dollars and no cents
23 Each $110.00 $2,530.00
Per Each
10. Traffic Striping as Detailed on
Sheet No. 3 at Two thousand two
hundred and ninety-one dollars 1 L.S. $2,291 .00 $2,291 .00
and no cents
Per Lump Sum
TOTAL CONTRACT $130,964.95
Total or gross sum writtren in words One hundred and thirty thousand nine hundred and
sixt :four dollars and ninety-five cents.
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ARTICLE III. The said party of the first part hereby premises 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
mare, 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 mare 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 ealandar
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
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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 aqrees 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
rode 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
County of Orange and all officers and employees thereof from all claims, suits, or
actions of every naive, 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 or
County of Orange, 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 or County of orange. The defense in indemnification by Contractor
shall include all costs and expenditures including attorney's fees incurred by the
City of Tustin and County of Orange or its employees, officers or agents with respect
to such claim or suit and Contractor will, if requested by the City of Tustin or
County of Orange, 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 canprehensive 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 or County of orange 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 applyinq 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 and County of Oranqe, its officers, employees and agents are
named as additional insure(Is in the policy as to the work being Performed under the
contract;
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(2) The coverage is PRIMARY and no other insurance carried by the City of Tustin or
County of Orange 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)
perations;(4) 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.
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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 TUSTIN
(Seal) Mayor
ATTEST:
Ci Clerk
Contract and Bo Approved:
&LOV
Date
City Attorney
APPROVED AS TO CONTENT:
-11to'!J1 f , Y Date 311.9192-
55r
1}1z.55r. City Engineer R.J. NOBLE CD.
A California Corporation
(Seal) BY
Neil , Evan President
BY
William Timv r
Timothy Car , Secretary
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
On March 18 , 1982, before me, the undersigned, a Nortary Public in and for the
sand state personally appeared Neil R. Evans, }norm to me to be the Vice President,
and William Timothy Carver, known to me to be 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 executed the within instrument pursuant to
its bylaws or a resolution of its Board of Directors.
Witness my hknd and official seal:
Y14 A
NJIDTARY PUBS IAND ID STATE
OFFICIAL SEAL
C-7 ` M- A. GROSKOPF
NOTARY PUBLIC CALIF)RNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
IIFY[:OM1AI35ION EXPIRES APRIL 9, 198.5
CrrY OF TUSrIN r.r
CF�I'IFICATE OF INSURANCE
::AlE & ADDRESS OF AGENCY R.J . Noble Company , P .O. Box 620 , Orange, Calif . , 92666
It is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to
the teras of all Workers Ccmpensaticn Insurance.
.Vn� E & ADDRESS OF INSCFRANCE AGENCY: Insurance Incorporated of So . California
P .O. Box 54679, T.A. , Los Angeles, Calif . ,90054
s
This is to certify that policies of insurance listed below have been issued to the insured named
abcve and a>-e in force at this t irre. _
Type of Insurance Policy Policy Limits of Lia i ity ir. T ousands
Insurance Company ;lumber Expiration Each
Date Occurrence ggrecate
Ga�EA.L LI SILTI"_' Ecdlly Injury $ $
Co=rehensive form
Pranises--operations Property Damage $
Explosion and coll.anse Western GL01-0781-
hazard Employers 15185 7/1/82
Underground Hazard
Products;'ca:pleted
operations hazard Bodily Injury S 500 $ 500
Contract-al insirance & property
Broad form property uamage combined
da.magz
i deparident contractors
Pers--nal Injury 'PERSUIr-.L I"JU Y S
AUTO�UBILE Bodily Injury S S
LIABILITY (each person)
Carrarehensy;ve fog Western BA01-0781-
Employers 15185 7/1/82 Bodily Injury $ S
Craned each
:cou rrence
Hired Proper i y Damage $ S
y Injury &
Combined Property Da.:'o-ge
Ccmbined S 500
EXCESS LIABILI'T'Y Bodily Injury &
Mission Property Damare $10 000$1[1 000
Umbrella form Insurance M880786 7/1/82
Other than Umbrella Cc tined S S
Form
4d7RKER.S'
Cot 2E*:SAT I CSI S Ga to tory
and Western CC01-0781- teach
ETLCyE?S, Employers 10480 7/1/82 $ 2 OOoccident)
LIABILITY
Tip issuing company will give thirty (30) days written notice to the below-na- ed certificate holder
prior to modification or cancellation. Job,# 5345- Red Hill Ave. Construction,Tustin ,CA
"IA! E -D ADDRESS OF CERTIFICPTE HOLDER ante Issue: March 18 , 1982
CIT`! OF TUSi'RI County of Crange, FMA - ,
300 Centennial Way 400 Civic Center Drive West AL2tnorized Fepresentat9of the 3.',;<)V(
Tustin, California 92680 Santa Ana, CA 92702 nar-ed 'nsucanae company(ies)
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