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HomeMy WebLinkAboutCC 4 SIDEWALK REPAIR 07-05-83DATE: JUNE 24, 1983 i e TO: WILLIAM HUSTON, CITY MANAGER FROM: DALE WICK, ASSISTANT CITY ENGINEER SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS F.Y. '82-'83 SIDEWALK & CURB REPAIR PROGRAM CONSENT CALENDAR No. 4 7-5-83 (no meeting) 7-18-83 Inter -Coag RECOMMENDATION: It is recommended that the Tustin City Council, at their meeting of July 5, 1983, 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, 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 $4,981.77. This amount together with previous payments of $44,835.88 represents 100% of the final contract amount. . BACKGROUND: iTF s project encompassed repair of sidewalks., driveway aprons and curbs at a total of 140 locations throughout the city. The work has been completed to the satisfaction of the Engineering Division. The original contract amount for this project was $38,474.20. At the time of award, the City Council authorized staff to add additional work to the contract to utilize all of the $48,900.00 which was remaining in the budget for this work. Staff added an additional 19 repair locations. Due to some minor problems which developed, there was an overrun on the contract of $917.65 for a final contract amount of $49,817.65. A(16, 2-2.4 DALE A. WICK ASSISTANT CITY ENGINEER W Attachment cc: City Clerk Finance Director Street Maintenance Superintendent 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 83-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (FY 82-83 Sidewalk & Curb Repair) WHEREAS, Gabi Construction Company, 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 pubic work and improvement be, and the same is hereby accepted. Said public work and improvement is more particularly described as follows: FISCAL YEAR 1982-1983 SIDEWALK AND CURB REPAIR 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 1983. ATTEST: 0 G tTy C LWCW- ('-Ot7y CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CONTRACT FOR THE CONSTRUCTION OF F.Y. '82-'83 SIDEWALK AND CURB REPAIR PROGRAM This Mreement, made and concluded, in triplicate, this %r-44�' day of , one thousand nine hundred and eighty-three between the City of ustin, Ca i ornia, party of the first part, and Gabi Construction Co., Inc., a c�orpporation 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, F.Y. '82-'83 Sidewalk and Curb Re air Program and in accordance with the "Standard SpecTf-icatlo-nsrr- dated January 1981 ot 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 prices as full compensation for furnishing all contemplated and embraced in the Agreement; and out of the nature of the work aforesaid, or fro any unforseen difficulties or obstructions whic prosecution of the work until its acceptance by of every description connected with the work; a consequence of the suspension or discontinuance completing the work, and the whole thereof, in and specifications, and the requirements of the C-1 receive and accept the following materials and for doing all the work also for all loss or damage arising m the action of the elements, or from h may arise or be encountered in the the City of Tustin, and for all risks ]so for all expenses incurred by or in of work and for well and faithfully the manner and according to the plans Engineer under them, to wit: SCHEDULE OF WORK ITEMS AND CONTRACT PRICES FISCAL YEAR 1982-83 SIDEWALK AND CURB REPAIR PROGRAM Item No. Item With Unit Price Written In Words Approximate Quantity Unit Price In Figures Total In In Figures 1. Sawcut Asphalt Concrete Pavement or Portland Cement Concrete at Fifty Cents 1,509.9 L.F. $0.50 $754.95 Per Lin. Ft. 2. Remove and Replace PCC Driveway Apron at Two Dollars and Fifty Cents 2,037.1 Sq. Ft. 2.50 5,092.75 Per Sq. Ft. 3. Remove and Replace PCC Sidewalk at Two Dollars 8,640.9 Sq. Ft. 2.00 17,281.80 Per Sq. Ft. 4. Remove and Replace Type A-2 Concrete Curb and Gutter at Twelve Dollars 300.2 L.F. 12.00 3,602.40 Per Lin. Ft. 5. Remove and Replace Type "D" Concrete Curb & Gutter at Eleven Dollars 719.3 L.F. 11.00 7,912.30 Per. Lin. Ft. 6. Furnish and Construct Aggregate Base under Curb and Pavement at Twenty Dollars 79.9 Tons 20.00 1,598.00 Per Ton 7. Furnish and Construct Asphalt Concrete Pavement and Variable Thickness Asphalt Concrete Feathering at Sixty Dollars 37.2 Tons 60.00 2,232.00 Per Ton TOTAL CONTRACT $38,474.20 Total or gross sum written in words Thirty-eight Thousand Four Hundred and Seventy -Four llars and Twenty Cents. C-2 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 ($25.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor under Contractor) less than the prevailing rate set forth herein on the work provided for in this contract, all in (1 accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 3. Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. 4. Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars ($ 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 C-3 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 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-4 r�. (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-5 r. 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-�-°�• 2� 199--3 BY: (Seal) Mayor of the City of Tu in ATTEST: ��- " £ . 1A) - ity Clerk ocnthe City(of Tustin Contract and and Approved: Date 4*i Ittorney APPROVED AS TO CONTENT: A24i42 J(Z� Date 34 43 ,(s t'r. City Engineer GABI CONSTRUCTION CO. INC., A California W rDAation (Seal) BY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) resident/Treasurer 6iiqie Poppin, a President/Secreta On Parch 18 , 19 83 before me, the undersigned, a Nortary Public in and for the said state personally appeared Bill Poppin Jr., known to me to be the President/Treasurer, and Rosalie Poppin, known to me to be the Vice President/Secretary of Gabi Construction Co. Inc., 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. C-6 Witness my OFFICAL SEAL official AtAY .10 RIJSSELL NOTARY P NO1 CRY PUBLIC -CALIFORNIA FRSAID PRINCIPAL OFFICE IN ORANGE COUNTY i My Commission Exp. Uaobe; 241, 1986 , C-6 Witness my hand and official seal: NOTARY P I N AND FRSAID SAT E RELIA TCE INSURANCE C, VIPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint TODD M. ROHM of BREA, CALIFORNIA its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article V11 of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, reoognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum wes present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHERE the RELIANCE IN URANCE COMPANY has cc�sad these presents to be signed by its Vice President, and its corporate seal to be hereto affixed, this ��h day of t9i.32, REL►ANC INSzo"CE MPA �J, O AAd Vice President STATE OF Washington COUNTY OF King ) u' On this 27th day of July 1982, personally appeared Charles B. Schmalz to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said Company and the Resolu- tion, set forth therein, are still in full force. My Commission Expires: May 1 • t 9 86•:. ��ii :�° Notary Public in and for State of W ashington Residing at Tacoma I. Charles J. Falskow , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still in full force and off Oct. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 11 day of March 19 83 BOR -1431 Ed. 6/79\datii/ Assistant Secretary���ic�:,��r CITY OF TUSTIN • - CERTIFICATE OF Ur INCE AND DESIGNATION OF NAMED Al IU: CITY OF TUSTIN 300 Centennial Way Tustin, CA 92680 LAME AND ADDRESS OF INSURED CONTRACTOR GABI CONSTRUCTION 311 LATCHWOOD LANE LAME AND ADDRESS OF INSURANCE AGENCY GENERAL INSURANCE AGENCY P.O. BOX 6010 s PR=CT : CONSTRUCTION OF F. Y. '82-'83 SIDEWALK & CURB REPAIR PROGRAM NAME AND ADDRESS OF INSURANCE CCMPANY(IES) MISSION INS. GROUP, INC. FAIRMONT INS. CO. P.O. BOX 4375 P.O. BOX 7750 WOODLAND, CA. 91365 BURBANK, CA. 91510-7750 SAYRE & TOSO 2600 WILSHIRE .nis is to certiry that the policies of insurance -11 nam - A above, are in force at this time, that the City of Tustin is a named additional insured thereon is respects claims arising in connection with the hereinabove named Project and that such insur` ince shall be primary with respect to any other insurance in force Purchased by the City of Tustin -ype of Insurance Policy Policy Limits of Liability in Thousands Insurance Canpany Number Expiration Each Date OCcurrPnrt- AnrTrarr;;4-a MNERAL LIABILITY :anprehensive form (remises -operations :xplosion and collapse hazard 3nderground Hazard 'roducts/canpleted operations hazard ontractual insurance 3road form property damage =ndependent contractors 'ersonal Injury MISSION MLA0406181 y in7 ury 9-19-83 JProperty Damage $ ,UT MC BILE �IABII,ITY :apprehensive form MISSION MLA0406181 9-19-83 aired :anbined Bodily Injury $1,000, $1,000, & property damage canbined PERSONAL INJURY $ 1,000, Bodily Inj ury (each person) Bodily Injury $ $ each Occurrence tiooi-Ly ink ury & Property Damage Canbined $ Bodily Injury & U �,nbrella form (Property Damage $ $ �Xt�X SAYRE & TOSO MN019181 9-19-83 Form Canbined $1,000, $1,000, DRKERS' 1CMPENSATION FAIRMONT F04055 6-23-83 Statutory and :MPIJ'JYERS' ( each LIABILITY $100, accident) .t is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to he terns of all Workers Canpensation Insurance. he issuing canpany will give thirty (30) days written notice to the City of Tustin prior to codification or cancellation. Date Issue: 3-15-83 TO MODIFICATIONS OR ADDITIONS MAY BE MADE d li�ti1AL�*i O THIS FORM. Authorized Representative of the above- named insurance canpany(ies) 9/25/82 (P-Jrustin ) C-11 NAME AND ADDRESS OF AGENCY GENERAL INSURANCE AGENCY COMPANIES AFFORDING COVERAGES P.O. BOn 6010 MISSION VIEJO, CA. 92690-4010 COMPANY LETTER A MISSION WOODLAND HILLS COMPANY LETTER FAIRMONT' BURBANK NAME AND ADDRESS OF INSURED COMPANY LETTER SAYRE S TOSO GASI CONSTRUCTION 311 LATCHWOOD LANs= COMPANY D LETTER LA HASRA, CA. 90631 COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. COMPANY POLICY Limits of Liability in Thousands (000) EACH OCCURRENCE AGGREGATE LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE GENERAL LIABILITY ® COMPREHENSIVE FORM MLA0406181 * 9-19-83 BODILY INJURY $ $ ® PREMISES—OPERATIONS PROPERTY DAMAGE $ $ A ® EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD ® CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE $ 1).000P $ 1 , 000, ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS ® PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ pp�7 LTJ (EACH PERSON) COMPREHENSIVE FORM KIOWNED BODILY INJURY (EACH ACCIDENT) $ MLA0406181 9=19-83 AKI HIRED PROPERTY DAMAGE $ KI NON -OWNED BODILY INJURY AND 1 000 PROPERTY DAMAGE $ .9 > COMBINED EXCESS LIABILITY C .:] UMBRELLA FORM MN019181 9-19-83 BODILY INJURY AND PROPERTY DAMAGE $ 1 , 000, $ 1 000, ❑ OTHER THAN UMBRELLA COMBINED , FORM WORKERS' COMPENSATION STATUTORY B and P04055 6-23-83 EMPLOYERS' LIABILITY $ , (EACHACCIDENn OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES * THE CITY OF TUSTIN, ITS OFFICERS AND EMPLOYEES WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES AGAINST ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE WORK T BE PERFORMED ARE NAMED AS ADDITIONAL INSURED UNDER THE POLICY. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will}6(yM)0()ft mail _.40 days written notice to the below named certificate holderJOAJ (WA NAME AND ADDRESS OF CERTIFICATE HOLDER: 3-15-83 CITY OF TUSTIN DATE ISSUED: 300 CENTENNIAL TUSTIN, CA. 92680 AUTHORIZED REPRESENTATIVE CORD 25 (Ed. 1 1 -77) ■