HomeMy WebLinkAboutNB 6 FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS "A" ST MAIN TO SECONDaGENDA,�_/-
DATE:
TO:
FROM:
SUBJECT:
MAY 27, 1987
NEW BUSINESS
NO. 6
6-1-87
Inter - Com
ADOPTED RESOLUTION- 9,7-43
WILLIAM HUSTON, CITY MANAGER APPROVED STAFF RECOMMENDATION
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - CURBS, GUTTERS AND
CROSSGUTTERS "A" STREET - MAIN TO SECOND
RECOMMENDATION:
It is recommended that the City Council, at their meeting of June 1, 1987, adopt
the attached Resolution accepting said work 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 $3,902.57. This
amount together with the previous payments totaling $35,118.66 represents 100% of
the final contract amount.
RAUAR01IND
This project encompassed the construction of curb, gutter and crossgutters on "A"
Street from Main Street to Second Street.
All work has been completed to the satisfaction of the Engineering Division. Due
to the extra costs incurred for removing and plugging an abandoned Santa Ana
Valley Irrigation line per Contract Change Order No. 1 and an overrun of asphalt
concrete from the estimated quantity, the final contract amount was $39,020.73.
` I This represents an overrun of 9.1 percent from the original contract amount of
f' $35,773.50.
Bob Ledendecker
Director of Public Works/City Engineer
BL:TT:jm
Attachment
Tim Tucker
Assistant Civil Engineer
F,
SECTION C
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
CURBS, GUTTERS AND CROSSGUTTERS ON "A" STREET FROM MAIN STREET TO SECOND STREET
ell
Ws agreement, made and concluded, in triplicate, this G' day of
1987 between the City of Tustin, California, hereinafter called
City-,ily Bruce Paving Co. Inc., a corporation existing under and by virtue of the
laws of the State of California and authorized to do business in the State of
California
hereinafter called Contractor.
#� ARTICLE I. Witnesseth, that for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the City, and under the
° conditions expressed in the two bonds, bearing date with these presents, and hereunto
annexed the Contractor agrees with City, 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 City, necessary to construct and complete in
good workmanlike and substantial manner and to the satisfaction of the City, in
accordance with the plans and specifications entitled, Curbs,
Gutters and Crossgutters on "A" Street from Main Street to Second Street and in
accordance with the "Standard Specifications" dated July, 1984 of the State of
California, Business and Transportation Agency, Department of Transportation and the
latest edition of the "Standard Specifications for Public Works construction" where
referred to, 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. 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
CURBS, GUTTERS AND CROSSGUTTERS ON "A" STREET FROM MAIN STREET TO SECOND STREET
Item
No.
Item With Unit Price
Written In Words
Approximate
Quantity
Unit Price
In Figures
Total In
In Figures
1.
Install 4" thick PCC sidewalk
78.5 SF
3.00
$ 235.50
2.
Install Type D curb and gutter
828 LF
14.00
11,592.00
3.
Install PCC spandrel
1100 SF
7.00
7,700.00
4.
Install PCC crossgutter
1162 SF
8.00
9,296.00
5.
Sawcut asphalt concrete or PCC
1300 LF
.50
650.00
6.
Furnish, place and compact asphalt
concrete
100 TN
63.00
6,300.00
TOTAL CONTRACT $ 35,773.50
C-2
ARTICLE III. City hereby promises and agrees with Contractor to employ and does
hereby employ 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 by any conflict between the terms of this instrument and'the bid or proposal
of 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
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 calendar 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
11 calendar week by each worker employed by Contractor in connection with the public work.
C-3
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, a-nd shall comply with all of the provisions of Labor Code
Section 1776, et seq., in general.
7. Contractor is also aware of the
Code which requires every employer to be
Compensation or undertake self-insurance
code and will comply with such provisions
work of this contract.
provisions of Section 3700 of the Labor
insured against liability for Worker's
in accordance with the provisions of that
before commencing the performance of the
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 th-e
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 and maintain 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. 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-4
M�
The following endorsements must be indicated on all certificates of insurance:
(1) The City of Tustin and the County of Orange, its elective and appointive boards,
officers, agents and employees 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
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) The policy covers use of non -owned automobiles;
(10) The coverage shall not be cancelled nor materially altered unless thirty (30)
days written notice is first given to the City of Tustin and County of Orange.
Contractor shall furnish the City of Tustin with satisfactory proof of insurance coverage
as required.
C-5
In Witness Whereof, the parties have hereunto set their hands and seals the year
and the date first above written.
THE CITY OF TUSTIN
BY: I L
(Seal) Mayor of the City of Tus in
ATTEST: E_ 1...)
City Clerk 1�f the City of Tustin
CONTRAI' BdQDAWND APPLIED:
Date
orney
APPROVED AS TO CONTENT:
Date ..�7
City Engineer
CORPORATE ACKNOWLEDGMENT
State of ('H1 t IV( 01 /A
SS.
County of kr"L aytc,k
i -�
�.=q ti OFFICIAL SEAL
. ` 1 ENE DAVIS
_ m NOTARY PUBLIC - CALlFORNtA
LOS ANGELES COUNTY
My Comm. expires AUG 24, 1989
BRUCE P NG C C.
A CAL OR O P ATION
-77-77
NO, 20
On this the l� �ay of %7 prl / 19 -el— before me,
.pr1?A:lzl-� ,
the undersigned Notary Public, personally appeared
��-
personally known to me
El proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's Signature
7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. 0 P.O. Box 4625 • Woodland Hills, CA 91365-4625
CITY OF TUSTIN
CERTIFICATE OF INSURANCE AND DESIGNATION OF NAMED ADDITIONAL INSURED
r0: CIT`_' OF TUSTIN PFCWECT:
300 Centennial Way Curbs, Gutters and Crossgutters on "A" Street
Tustin, CA 92680 from Main
Street to Second Strept-
7TM—E AND ADDRESS OF INSURED CONTRACTOR NAME AND ADDRESS OF INSURANCE COMPANY(IES)
Druce Paving Company
313 W. Gardena Blvd, Gardena, CA 90248 Liberty Mutual Insurance Company
6006 Wilshire Blvd
D ADDRESS OF INSURANCE S' Los Angeles, CA 90036
This is to certiry that the policies or insurance listed nelow nave 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 ar sing in connection with the hereinabove named Project and that such insur
ante shall be primary with respect to any other insurance in force purchased by the City of Tustin.
Insurance
Company Number Expiration
Date
Comprehensive form Liberty Mutual Ins. LG1-162-
Premises-operations 015473-167
Explosion and collapse
hazard
Underground Hazard
Products/completed
operations hazard
Contractual insurance
Broad form property
damage
Independent contractors
Personal Injury
T T 1M^1rm Ir Ir i'.
LIABILITY
Comprehensive form
Hired
Combined
t+vr�r+c•c� r
Liberty Mutual Ins. ASI -162-
015473-177
4/1/88
Occurrence Aqqreqate
y In
Property Damage $
Bodily Injury $1,000,0 0 -1,000,000
& property
damage mined
PERSC NAL INXRY $
Bodily Injury $ $
(each person)
Bodily Injury $ $
each
Occurrence
4/1/88 Property Damage $
Liberty Mutual Ins. LE1-162
Umbrella form
Other than Umbrella 015473-187 4/1/88
Fbrm
Bodily Injury &
Property Damage
Combined
Bodily Injury &
Property Damage
1,000,000
$ 1,000,000
S S
Combined $ 2,000,600
COMPENSATION Liberty Mutual Ins. WC2-162- Statutory
and 015473-147 41/1/8 (each
` EMPLOYERS $ accident)
LIABILITY 500,000
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.
The issuing ca T>any will give thirty (30) days written notice to the City of Tustin prior to
modification or cancellation. Date Issue:
NO MODIFICATIONS OR ADDITIONS MAY BE MADE
TO THIS FORM. Author z Representative of the abo
named insurance eompany(ies)
R: 9/25/82 (P1Ilustin )
* as respects of operations performed by the name insured, Bruce Paving Co.
C-11
SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF
BRUCE PAVING CO., INC.
A California Corporation
A special meeting of the Board of Directors of Bruce
Paving Co., Inc., was held on August 20, 1984 at 10:30 AM in
the offices of the corporation, 1955 Centinela Avenue, Santa
Monica, California, 90404.
Those present: Ernest E. Dusterhoft
John E. Gilmore
Those absent: NONE
The President of the company, Ernest E. Dusterhoft,
called the meeting to order and acted as Chairman thereof.
John E. Gilmore acted as Secretary of the meeting.
The purpose of this special meeting is to authorize
Ernest E. Dusterhoft and/or John E. Gilmore to sign contracts
up to $1,000,000.00.
There being no further business to be brought before
the Board, the meeting was adjourned at 11:15AM.
4DsE.E.rhoft, P esident
/John E. Gil{norh, Vice,/President,
Secretary, and Chief Financial
Officer