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HomeMy WebLinkAbout1983-095 ~ ~ , ~ '! 1 :1 1 2 ~ 3 n ~ 4 II 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. 83-95 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BRENTON LEE RHOADES, GENERAL ENGINEERING CONTRACTOR, FOR THE REPAIR OF STORM DAMAGE ON TERRACE ROAD AND MILL STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. It has been determined that Brenton Lee Rhoades, General Engineering Contractor, is the lowest responsible bidder for construction of a public project, to wit: Repair of Storm Damage to Terrace Road and Mill Street, in accordance with Proposal dated March 23, 1983; that a contract should be awarded accordingly, but such award will be effective only upon the contract being fully signed; that all other bids therefor are hereby rejected; and that the Mayor be and hereby is authorized to execute a contract in form approved by the City Attorney, in the sum of $14,278.80 for such project. SECTION 2. The contract shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the contract is fully executed and no oral agreement relating thereto shall be implied or authorized. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adiourned regular meeting thereof, held on the 24th day of March vote, to wit: / / / / / / / / / , 1983, by the following / / / / / / / / / " 1 2 3 4 5 6 7 8 II day of 9 II 10 I 11 AYES: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler NAYS: None ABSENT: Council Member Hobbs #P~ /C1ty er The foregoing resolution is hereby ~~arch , 1983. 12 Approved as to form: U4,f'~ City Attorney 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . CITY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCUMENTS PLAN AND SPECIAL PROVISIONS NO. 6364 FOR REPAIR OF STORM DAMAGE TO TERRACE ROAD, APPROXIMATELY 200 FEET SOUTH OF ETIWANDA AVENUE, AND MILL STREET, WEST OF MERIDIAN AVENUE DIVISION OF ENGINEERING DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO MARCH , 1983 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON N/A , ____ 19___ . CERTI FICATION I am aware of, will comply with, Section 3700 of the Labor Code, requiring every employer to insured against liability for Workers' Compensation or to undertake self- insurance before commencing any of the work. Contractor NAME OF FIRM: ;P:P'<::A./77JA/ /,,;:.t=" ~/)ADF," BY: .&<",,~~~p g~-/PJ./ ./ / TITLE: pU/'A/f/Z- DATE: /W,4/2Ch 2,,<=3 ,/ /9!'9=? SPECIAL PROVISIONS SECTION I SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for Public Works Construction, 19?2 Edition, and City of San Bernardino Standard Drawings, insofar as the same may apply and in accordance with the following special provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Agency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. Engineer - The Director of Public Works/City Engineer for the City of San Bernardino. Laboratory The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. Notice Advertising for Bids Notice Inviting Bids. Standard Specifications Standard Specifications for Public Works Construction. Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions," in the Standard Specifications. In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-l SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS Blank SECTION 3 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- Authorization to enter into the contract was made by the Mayor and Common Council at the Council Meeting on March 24, 1983, the Contract not to be effective until fully signed by both parties. 3-1. 02 CONTRACT BONDS -- Section 2-4 "Contract Bonds," of the Standard Speci- fications, shall not apply. SECTION 4 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK, TIME OF COMPLETION - EXTRAORDINARY CIRCUMSTANCES - TIME OF THE ESSENCE 4-1.01 Attention is directed to the provisions in Section 6-2 of these Special Provisions. The Contractor shall diligently prosecute the work to completion before the expiration of 10 WORKING DAYS from the date the Agreement for this work is made and concluded. The parties recognize the extraordinary urgency of completion of this pro- ject to restore traffic, and that this constitutes an emergency for the citizens of the affected area. Time is of the very essence of this agreement. The. City of San Bernardino reserves the right to immediately terminate this contract in the event that the work is not completed within 10 working days charged against the allotted time, at the option of the Director of Public Works/City Engineer. SECTION 5 5-1 LEGAL REQUIREMENTS 5-1.01 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance," of the Standard Specifications, providing that the Contractor shall furnish the City with a policy or certificate of liability insurance as prescribed therein, prior to execution of the contract. 5-1.02 WORKMEN'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Workmen's Compensation Insurance," of the Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Workmen's Compensation Insurance before execution of the contract. 5-1.03 PAYMENT OF PREVAILING WAGE RATE -- The Contractor and all sub- contractors shall pay each craft or workmen employed on this project not less than the prevailing \~age rates specified in Resolution No. 12846 of the Mayor and Common Council of the City of San Bernardino. The Engineer shall have the right to interview any craft or workman on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 12846. 5-1.04 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776 (Stats. 1978, Ch. 1249). The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a). The contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per deim wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. (b). The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1). A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (c). Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the Engineer on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all of his subcontractors, in addition to his own employees. Fai1ure.to submit tpe records enumerated in subdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- No adjustment shall be made in the contract unit price, regardless of quantities. 6-1.02 SOUND CONTROL REQUIREMENTS -- The Contractor shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code regulating and pro- hibiting loud, unnecessary and excessive noises. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recom- mended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. No equipment, machinery, or apparatus that permits loud and excessive noise shall be operated during the hours of 10:00 p.m. and 7:00 a.m., unless approval has first been secured from the Mayor and Common Council of the City of San Bernardino. Said noise level requirement shall apply to all equipment on the Job or related to the job, including but not limited to trucks, transit mixers or transit equipment that mayor may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 6-1.03 PERMITS & LICENSE -- The Contractor shall obtain a City Business License, prior to execution of the contract. 6-1.04 EXTRA WORK -- Any extra work done shall conform to the provisions in Section 3-3, "Extra Work," of the Standard Specifications. However, equipment rental rates shall conform to State of California Business and Transportation Agency, Department of Transportation, Division of Construction, "LABOR SURCHARGE AND EQUIPMENT RENTAL RATES," latest edition, unless the extra work is done for a negotiated price. 6-1.05 HOURS OF LABOR -- In the event that the Engineer is required by the Contractor's operations to work more than eight (8) hours in any given day, or more than forty (40) hours in any given week, or on any Satur- day, Sunday or Holiday, in the setting of lines and grades or performing. inspections, the Contractor shall pay an amount to the City equal to one and a half- (l!) times the Engineer's normal wages and fringe benefits. Such amount shall be deducted from the next following progress payments. 6-1.06 PAYMENTS -- Attention is directed to Section 9-3, "Payments," and 9-3.2, "Partial and Final Payment," of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 6-1.07 PROJECT APPEARANCE -- The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 6-2 DAMAGES IN EVENT OF BREACH 6-2.1 In the event City elects to terminate the Agreement because the project is not completed within the time specified, City is authorized to sub- stitute another contractor, complete the work with its own forces, or complete the project in any other expeditious manner. In such event, the cost of such completion shall be deducted from the amount otherwise payable on this contract. SECTION 7 DESCRIPTION OF WORK 7-1.01 GENERAL -- The work to be done consists, in general, of clearing and grubbing the eroded areas to receive imported fill, protecting the water line and gas line through the work area, placing fill material to the original roadway embankment, and placing aggregate base, in accordance with the Standard Specifications, these specifications, and as directed by the Engineer. SECTION 8 8-1 TECHNICAL SPECIFICATIONS 8-1.01 MAINTAINING TRAFFIC -- Attention is directed to Section 7-10, "Public Convenience and Safety," of the Standard Specifications, and these special provisions. Warning signs, lights, and devices for use in performance of work upon highways shall conform to the "Manual of Traffic Controls," 1977 Edition, published by the State of California, and the "Work Area Traffic Control Handbook," 1976 Edition, adopted by the City of San Bernardino, CA. A minimum of one (1) lane shall be maintained for each direction of traffic on Mill Street at all times, unless approved otherwise by the Engi neer. Full compensation for furnishing and installing all signs, lights, flares, barricades and other traffic control devices necessary to expedite passage of public traffic through the work area shall be con- sidered as included in the prices paid for. the various contract items of work involved and no additional compensation will be allowed therefor. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress on worki ng days. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. SECTION g CLEARING & GRUBBING 9-1.01 GENERAL -- Clearing and grubbing shall be done in accordance with Section 300-1, "Clearing and Grubbing," of the Standard Specifications and these special provisions. The eroded area shall be prepared to receive fill by removal of all debris, and other deleterious material, as directed by the Engineer. Payment for clearing and grubbing shall be considered to be included in contract unit prices paid for the various items of work and no additional compensation shall be allowed therefor. SECTION 10 UNCLASSIFIED FILL 10-1.01 GENERAL -- Unclassified fill shall be constructed in accordance with Section 300-4, "Unclassified Fill," of the Standard Specifications. The Contractor shall exercise due caution to avoid damage to the water line, gas line, and electrical utility pole, within the work area. All fill shali be compacted to a relative compaction of at least 90%, except for the top 0.5 feet which shall be compacted to a relative compaction of at least 95%. Payment for unclassified fill shall be made at the contract unit price paid for "Unclassified Fill," and no additional compensation shall be allowed therefor. SECTION 11 . AGGREGATE BASE 11-1.01 GENERAL -- Aggregate base shall comply ~Iith Section 200-2, "Untreated Base Material,",of the Standard Specifications, and shall be placed in accordance with Section 301-2, "Untreated Base," of the Standard Specifications. Payment for aggregate base shall be made at the contract unit price paid for "Aggregate Base", and no additional compensation shall be allowed therefor. AGREEMENT CITY OF SAN BERNARDINO This agreement, made and concluded this M4,.c..^ ,19 9'..3 between the party of the first part, and Brenton Lee Rhoades 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 first part, and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, said party of the second part agrees with the said party of the first part, at his own proper cost and expense in the Special Provisions to be furnished by said party of the first part, necessary to complete in good Workmanlike and substantial manner the CONSTRUCTION OF REPAIR OF STORM DAMAGE TO TERRACE ROAD. 200 FEET SOUTH OF ETIWANnA AVFNIIF, ANn MIll STRFFT. WFST OF MFRTnT AN AVFNIIF, , in strict conformlty wlth Plans and Speclal Provlsions No. n1n4 and also in accordance with Standard Specifications for Public Works/Construction. 19 82 Edition, City of San Bernardino. Department of Public Works/Engineering Division. on file in the Office of the City Engineer. which said Plans Special Provisions and Standard Specifications are hereby especially referred to and by such re- ference made a part hereof. 2B" day of City of San Bernardino.. , Contractor, Article II - And the said contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid. or from acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of San Bernardino 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 Special Provisions, and requirements of the Engineer under them, to wit~ 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 SCHEDULE I - TERRACE ROAD PLAN NO. 6364 1. Unclassified excavation at the price of Two Dollars and Eighty- Six Cents per cubic yard. UNIT PRICE $2.86 TOTAL $9,152.00 3,200 UNIT C.Y. DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS ITEM QUANTITY 2. 90 C.Y. Aggregate Base at Six Dollars and Twelve Cents per cubic yard $6.12 $ 550.80 SCHEDULE II - MILL STREET 1. 1,600 C.Y. Unclassified excavation at the price of Two Dollars and Eighty- Six Cents per cubic yard. $2.86 $4,576.00 TOTAL $14,278.80 NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided. Article IV - it is further expressly agreed by and between the parties hereto that should there be any confl ict between the tenns 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. IN WITNESS WHEREOF, the parties to these present have" hereunto set their hands the yea rand da te fi rs t above writ ten. ATTEST: CITY OF SAN BERNARDINO ~/77/?/,~# Sl'fAUN CLARK, Ci ty C erk Approved as to form: CONTRACTOR IU~~~ tl4",I. e,<y Atwoey -- Name of Firm: 73E-c NTtJ AI E' h' h' :e<t'd A n.i=: C BY: -& 'p~~;;d: j;t/.A--d -.1',0'/ " / / TITLE: dK'A/E~ MAl LI NG ADDRESS: :::??_-'?c) ~ / /V?ON r SAM ~€I2/\/ARC)//vd C'/3 9240 7 PHONE NO. (-714) Ii' /5' 7.:3 tj "/9 . ,...