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HomeMy WebLinkAboutNB 3 NELSON SCHOOL 10-05-81SA Gr. DATE: SEPTEMBER 29, 1981 L L TO: WILLIAM HUSTON, CITY MA1WER FROM: DALE WICK, ASSISTANT CITY ENGINEER NEW BUSINESS No. 3 10-5-8 later -Com L SUBJECT: AWARD OF BID FOR NELSON'SCHOOL SIDEWALK PROJECT 1 The low bid is 24% below the Engineer's estimate of $7,239.00. There is presently $8,000.00 budgeted for this work. 1 Attached for the City Council's information is a tabulation of all bids received. DALE A. WICK ASSISTANT CITY ENGINEER 1 db I Attachment 1. cc: City Clerk y Finance Director RECCM ENDATION: It is recommended that the City Council, at their meeting of Oct. 5, 1981, award 1 the contract for subject project to Porter Construction Co. Inc. of Santa Ana, CA in the amount of $5,830.37. BACKGROCIDID: l TubicteTproject encompasses construction of an 8' wide concrete sidewalk/bike trail on the northerly side of walnut Ave. from the A.T. & S.F. Railroad tracks to 1 3801± westerly and thence northerly for 125'±. Bids for subject project were opened on Sept. 29, 1981 at 9:00 AM and were l received as follows: CONTRACTOR BUSINESS LOCATION BID Porter Construction Co. Inc. Santa Ana, CA B-1 Enterprise Corporation Rancho Cucamonga, CA $5f830.37 6,456.45 Industrial Fence & Supply Inc. Long Beach, CA 7,043.40 Alfredo's Excavating & Paving Azusa, CA 7,043.40 I Fleming Engineering Inc. Buena Park, CA 8,412.95 Dyno Construction Inc. San Dimas, CA 81412.95 1 The low bid is 24% below the Engineer's estimate of $7,239.00. There is presently $8,000.00 budgeted for this work. 1 Attached for the City Council's information is a tabulation of all bids received. DALE A. WICK ASSISTANT CITY ENGINEER 1 db I Attachment 1. cc: City Clerk y Finance Director ff t 'ii. go J O? dD O? Q v aL n �l ! C Coll u z a� .ZO WW UOcc n en I�II■III�IIIIIAI �I�IIIN�I��IIIII I II l\7 I IIIIIIIIIIIIIIIIIIIII n _v I CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CON'T'RACT FOR THE CONSTRUCTION OF NELSON SCHOOL SIDEWALK G IN CLE2Ic COPY nt made and concluded in tri Y / d eeme plicate this � ay of SC -00Z , one thousand nine hundred and eighty-one between the City of Tustin, California, party of the first part, and Porter Construction Company Incorporated, 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 awn 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, Nelson School Sidewalk and in accordance with the "Standard 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 SCHEDULE OF WORK ITEMS AND CONTRACT PRICES NELSON SCHOOL SIDEWALK Item Item With Unit Price Approximate Unit Price Total In No. Written In Words Quantity In Figures In Figures 1. Excavate for, prepare subgrade and furnish and construct 4" thick PCC sidewalk including appurtenant work called for at one dollar 3,913 S.F. $1.49 $5,830.37 and forty nine cents per Square Ft. TOTAL CONTRACT $5,830.37 Total or gross sum written in words Five thousand eight hundred and thirty dollars and thirty-seven 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 that should there be any conflict between the terms of proposal of said Contractor, then this instrument shall shall be considered as an acceptance of the said terms herewith. ARTICLE V. between the parties hereto this instrument and the bid or control and nothing herein of said proposal conflicting 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. C-3 f• � W 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 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 canply with such provisions before commencing the performance of the work of this contract. C-4 M?PTC LE VT 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. ARTTrT.F. VTT 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; C-5 e � (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. M W 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 Contract and Bo d Approved: Date ity Attorney J a& �,cc,� Date 10 1161149t A Syr City Engineer STATE OF CALIFORNIA COUNTY OF ORANGE BY: �a Mayor of the City of .Curtin ATTEST: - �- - City Clerk,)of the Cof Tustin cc PORTER CONSTRUCTION COMPANY INCORPORATED A Cal' opia Corporation, BY IJwight L.( -Porter, President BY - Robert D. Porter, Secretary On 1 _14 , 1991, before me, the undersigned, a Nortaxy Public in and for the said state,personally appeared Dwight L. Porter, known to me to be the President, and and Robert D. Porter, )mown to me to be the Secretary of Porter Construction Company Incorporated, 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 we that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. Witnes hand%and official seal: NTM PPBLIC IN AND FOR SAID STATE C-7:' �ACORD 25 (1-79) ■ • NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Owen M. Brown Insurance /� The Yasuda Fire & Marine Insurance P O Box 8599 LETTER"Y A Co. of America Anaheim, California 92802 COMPANY B B LETTER NAME AND ADDRESS OF INSURED COMPANY Porter Construction Company, Inc. LETTER C COMPANY D 13901 Gershon Place Santa Ana, California 92705 LETTER COMPANY E 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. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits of Liability in Thousands (0 0) COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ A ❑IOMPREHENSIVE FORM IJ[PREM IS ES -OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE yCL 161481 3-2-82 PROPERTY DAMAGE $500* X00* BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY $ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY $ A ❑ �CMPREHENSIVE (EACH PERSON) FORM BODILY INJURY $ 1:1? }} (EACH ACCIDENT) JWNED ❑ 4 RED PROPERTY DAMAGE $ El 4,N YCL 161481 3-2-82 BODILY INJURY AND -OWNED PROPERTY DAMAGE $ 500* # COMBINED EXCESS LIABILITY *(REFER TO EXCESS CERTIFICATE FOR HIGHER LIMITS3 ❑ UMBRELLA FORM BODILY INJURY AND PROPERTY DAMAGE $ $ ' ❑ OTHERTHAN UMBRELLA FORM COMBINED WORKERS' COMPENSATION INSURANCE AFFORDED BY POLICIES SHOWN ON STATuroRY and CERTIFICATE IS PRIMARY, AND INSURANCE EMPLOYERS' LIABILITY CARRIED BY THE CITY OF TUSTIN IS $ FAC H ACCIDENT) OTHER NON—CONTRIBUTING WITH SUCH INSURANCE AS RESPECTS ANY CLAIMS OR L ABILITY ARISING OUT OF OPERATIONS P RFORMED BY OR ON BEHALF OF NAMED INSURED. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES JOB: NELSON SCHOOL SIDEWALK ADDITIONAL INSURED: CITY OF TUSTIN (AS PER ENDORSEMENT ATTACHED) Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will� ail — days written notice to the below named certificate holder, Xtip�f XXKJ% mXIRkR �1€4C1d4��ih4�ik'�t$XX NAME AND ADDRESS OF CERTIFICATE HOLDER C DATE ISSUED: _ CITY OF TUSTIN CENTENNIAL AT MAIN/// TUSTIN, CA 92680 AUTHORIZED REPRESENTATIVE OWEN M. BROWN/pae �ACORD 25 (1-79) ■ Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will 0=XXXXXXmail _ 40 days written notice to the below named certificate holder, XXi»XX NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF TUSTIN CENTENNIAL AT MAIN TUSTIN, CA 92680 I ACORD 25 (1-79) DATE ISSUED: IZED REPRESENTATIVE OMEN M. BROWN/pae • NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Owen M. Brown Insurance P O BOX 8599 1. LETTERNY „ A Anaheim, California 92802 COMPANY B LETTER u NAME AND ADDRESS OF INSURED COMPANY LETTER Mission Insurance Co. Porter Construction Company, Inc. COMPANY D 13901 Gershon Place Santa Ana, California 92705 LETTER COMPANY E 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. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits of Liability in Thousands ( ) COMPANY LL i ER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ❑ COMPREHENSIVE FORM ❑ PREMISES—OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY $ ❑ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY $ ❑ (EACH PERSON) COMPREHENSIVE FORM BODILY INJURY $ ❑ (EACH ACCIDENT) OWNED ❑ HIRED PROPERTY DAMAGE $ BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY C EbDMBRELLA FORM M855236R 2-24-82 BODILY INJURY AND $ 500* $ 500* PROPERTY DAMAGE ❑ OTHERTHAN UMBRELLA COMBINED *IN EXE SS OF AJFORM WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY *(REFER TO PRIMARY FOR LOWER LIMITS) $ (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES JOB: NELSON SCHOOL SIDEWALK ADDITIONAL INSURED: CITY OF TUSTIN (AS PER ENDORSEMENT TO PRIMARY) Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will 0=XXXXXXmail _ 40 days written notice to the below named certificate holder, XXi»XX NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF TUSTIN CENTENNIAL AT MAIN TUSTIN, CA 92680 I ACORD 25 (1-79) DATE ISSUED: IZED REPRESENTATIVE OMEN M. BROWN/pae NAME AND ADDRESS OF AGENCY Owen M. Brown Insurance P O Box 8599 Anaheim, California 92802 NAME AND ADDRESS OF INSURED COMPANIES AFFORDING COVERAGES COMPANY e LETTER A COMPANY LETTER Li Associated Indemnity Company COMPANY ■ Porter Construction Company, Inc. LLIILt 13901 Gershon Place COMPANY D LETTER Santa Ana, California 92705 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. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits of Liability in Thousands ( ) COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY $ $ ❑ COMPREHENSIVE FORM ❑ PREMISES -OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY $ ❑ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ El (EACH ACCIDENT) OWNED PROPERTY DAMAGE $ ❑ HIRED BODILY INJURY AND ❑ NON -OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY SUBROGATION IS HEREBY WAIVED BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ WITH RESPECT TO THE CITY OF TUSTIN OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY and B EMPLOYERS' LIABILITY WP 61702698 11-14-81 $ (EACH ACCIDENT) WORKER'S COMPENSATION POLICY MkIft THIS IS TO CERTIFY THAT WE HAVE ISSUED A VALIE IN A FORM APPRONED BY THE CALIFORNIA INSURANCE COMMISSION TO THE EMPLOYER NAMED ABOVE FOR THE POLICY PERIOD INDICATED. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES JOB: NELSON SCHOOL SIDEWALK Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will d l=XiiMQbXmail 'In days written notice to the below named certificate holder,XKXXXiXMX= ri�X�CKIXr�€3'c��]�Xt[ifiit�€}i?l�id�€X14KK�M�i�f i�}f�i}i��}#XXK�iaX�XiX� NAME AND ADDRESS OF CERTIFICATE HOLDER-� DATE ISSUED: TOB .Q 1981 CITY OF TUSTIN CENTENNIAL AT MAIN TUSTIN, CA 92680 "_—? THORIZED REPRESENTATIVE (7WEN M. BROWN/pae ACORD 25 (1-79)