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HomeMy WebLinkAboutRDA PKG LOT LGHTNG 01-20-86.. REDEVELOPMENT AGENCY I NO. 5 . ~ 1-20-86 DATE' OANuARy 15, 1986 Inter- Com TO:THRU: FROM: ! WILLIAM HUSTON, EXECUTIVE DIRECTOR BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER MONDA BUCKLEY, ADMINISTRATIVE ASSISTANT SU BJ ECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - REPLACE AND INSTALL PARKING LOT LIGHTING WITHIN THE CIVIC CENTER COMPLEX RECOMMENDATION: It is recommended that the Tustin Community Redevelopment Agency, at their meeting of January 20, 1986, 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 $1,987.00. This amount together with previous payments of $17,8g0.00 represents 100% of the final contract amount. BACKGROUND: This project encompassed replacement of then existing fluorescent lighting with new fixtures, installation of light pole and painting of all light poles in the parking lots of the Civic Center Complex. The work has been completed to the satisfaction of the Engineering Division. The preliminary contract amount based on estimated quantities was $19,560.00. The final contract amount is $19,877.00 for an over run on the contract of $317.00. Monda Buckley Administrative Assistant MB:jr Attachment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. RDA 86-1 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION WHEREAS, Laubach Electric Co., having a contract with the Tustin Community Redevelopment Agency of 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 Tustin Community Redevelopment Agency of the City of Tustin; and WHEREAS, the Tustin Community Redevelopment Agency 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 Tustin Community Redevelopment Agency of the City of Tustin that said public work and improvement be, and the same is hereby accepted. Said public work and improvement is more particularly described as follows: REPLACE AND INSTALL PARKING LOT LIGHTING WITHIN THE CIVIC CENTER COMPLEX 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 Tustin Community Redevelopment Agency of the City of Tustin on , 1986. CHAIRMAN ATTEST: SECRETARY RECORDING REQUESTED BY ~ WHEN RECORDED MAIL TO: City of Tustin 300 Centennial Way Tustin, California 92680 EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE ~ITY CLERK NOTICE is hereby given that: NOTICE OF COMPLETION The City of Tustin is the owner in fee of the improvements hereinafter described in Paragraph 3. The full name and the full address of the City of Tustin is: City of Tustin, 300 centennial Way, Tustin, California 92680. 3. The work of improvement is generally described as follows: Replace and install parking lot lightin9 within the Civic Center Complex The work of improvement was completed on the 30th day of December, 1985. The name of the contractor, if any, for such work of improvement was Laubach Electric Company The property on which said work of improvement was completed is in the City of Tustin, County of Orange, State of California, and is described as follows: 300 Centennial Way, Tustin, CA 92680 7. The street address of said property is 300 Centennial Way, Tustin, CA 92680 Acceptance Date: December 30, 1985. CITY OF TUSTIN, a municipal corporation BY: CITY ENGINEER VERIFICATION I am the City Engineer of the City of Tustin, a municipal corporation, owner, and have been authorized by resolution of the City Council to execute this notice on behalf'of said City; I have read the foregoing and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed at Tustin, California, on the day of , 19 . CITY ENGINEER, CITY OF TUSTIN ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT S. LEDENDECKER, personally known to me to be the City Engineer of the City of Tustin, the municipal corporation that executed the within instrument, and acknowledged to me that the City of Tustin executed the within instrument pursuant to a resolution of the City Council. WITNESS my hand and official seal. NOTARY PUBLIC in and for said State. ,r TUSTIN COMMUNITY REDEVELOPMENT AGENCY ORANGE COUNTY, CALIFORNIA CONTRACT PROVIDE AND INSTALL LIGHTING FIXTURES WITHIN THE CIVIC CENTER COMPLEX PARKING LOTS i 7 This agreement, made and concluded, in triplicate, this X day of one thousand nine hundred and eighty-five between the Tustin C6mmun,ity Redevelopment Agency, California, party of the first part, and Balvin A. Laubach, doing business as a partnership under the name of Laubach Electric, 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 bond 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 specifications entitled, Provide and install lightiaj fixtures within the Civic Center Complex parkink_lots. 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 Tustin Community Redevelopment Agency, 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 PROVIDE AND INSTALL LIGHTING FIXTURES WITHIN THE CIVIC CENTER COMPLEX PARKING LOTS Item Item With Unit Price Approximate Unit Price Total In No. Written In Words Quantity In Figures In Figures 1. Provide and install 250 watt H.P.S.V. luminaires on existing poles Three hundred and eighty 45 Each $385.00 $17,710.00 five dollars and no cents Per Each 2. Paint existing pole standards to match luminaires —Twenty- five 40 Each 25.00 1,DOO.00 dollars and no cents Per Each 3. Remove accent light standard and replace with standard pole 1 L.S. 850.00 850.00 comparable to existing standards on site Eight hundred and fifty dollars and no cents Per Lump Sum 4. Provide forms and information for City to obtain Southern California 1 L.S. DELETED DELETED Edison Co. energy savings rebate Deleted Per Lump Sum TOTAL BID $ 19,550.00 Total or gross sum written in words Nineteen thousand five hundred sixty dollars and no 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 Tustin Community Redevelopment Agency 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 Agency Secretary. 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 Tustin Community Redevelopment Agency, 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 involve 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 limp 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 acknowledges that he 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 Tustin Community Redevelopment Agency 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 Tustin Community Redevelopment Agency, its officers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive wilfull misconduct of the Tustin Community Redevelopment Agency. The defense in indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the Tustin Community Redevelopment Agency or its employess, officers or agents with respect to such claim or suit and Contractor will , if requested by Tustin Community Redevelopment Agency, 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 Tustin Community Redevelopment Agency may be retained by the Tustin Community Redevelopment Agency 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, worker's compensation, comprehensive automobile and general liability insurance that provides protection from claims which may arise from operations or performance under this contract, with the Tustin Community Redevelopment Agency 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 Tustin Community Redevelopment Agency, its officers, employees and agents are named as additional insureds in the poi-icy as to the work being performed under the contract; C-4 F � 'r (2) The coverage is PRIMARY and no other insurance carried by the Tustin Community Redevelopment Agency 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 Tustin Community Redevelopment Agency. ARTICLE VIII. (1) If any action at law or in equity is necessry to enforce or interpret the terms of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold which names City as a party to said action, Agency shall be entitled to reasonable attorney's fees, costs, and necessary disbursements arising out of the processing of Stop Notices or Notices to Withhold filed with Agency. C-5 In Witness Whereof, the parties of these presents have hereunto set their hands and seals the year and the date first above written. THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY DATE OF EXECUTION BY THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 316 kqFS BY: (Seal ) Chairman Tustin Community Redevelopment Agency ATTEST: W ecretary Tustin Ca pity Re evelopment Agency Contract 8 Approved: Date ity Attorney L/ APPROVED AS TO CONTENT: City ngineer Seal BY B lvin . Laubach, Partner La back lectric BY Ronald J. Laubach—, artner Laubach Electric I State of California} ss County of Orange } i On 19'6-'j, before me, the undersigned, a Notary Public in and for said State, pe onally appeared Balvin A. Laubach and Ronald J. Laubach, known to me to be the partners of the partnership Laubach Electric, and to be the persons who executed the within instrument and acknowledged to me that such partnership executed the same. Witness my hand and official seal qj�MAOFFICIAL SEAL Y J WIt.SaN RNOTARY PUBLIC• LAJfCRNIA � otary c in and for said State ORANGE COUNTY My comm. expires AUG 3t1, I9a3 C-5 TU`"IN CM"SC1NITY REDEVELOP UN AGENCY' C=IFICAT£ OF It►,MSaA AND D£SIa,1A.TICN OF WED . , TICJNAL INSURED TUSrIN COt4`4JIM REDEVELOPMEU AGENCY pRDiECT: Civic Center Parking Lot Lighting 300 Centennial Way Tustin, CA 92680 VkE AND ADDRESS OF INSURED CONTRACTOR NAME AND ADDRESS OF INSURANCE COMPANY(IES) AL LAUBACH & RONALD LAUBACH WESTFIELD INSURANCE COMPANY DBA: LAUBACH ELECTRIC COMPANY P.O. Box 11995 14709 Brookline, Tustin, Ca. 92680 San Diego , Ca. 92111 VIE AND ADDRESS OF INSURANCE AGENCY BOSWELL INSURANCE AGENCY P.O. Box 10073 Santa An a. 92711 nis is to certity that the po icies of insurance listed below have been issued to the insured nam- 3 above, are in force at this time, that the Tustin Community Redevelopment Agency is a named 3ditional insured thereon as respects claims arising in connection with the hereinabove named inject and that such insurance shall be primary with respect to any other insurance in force urchased by the Tustin Cannunity Redevelopment Agency. ypee of Insurance Policy Policy Limits of Iiia flit in Thousands nsurance Company Number Expiration Each Date Occurrence Gate E ' L7ABIr.rrTv Westfield Ins. GLA790283 6-29-86 Bodily Injury $ $ ar�prehensive form remises-operations Property Damage $ xplosion and collapse, hazard nde2ground Hazard rodu cts/ccanple ted operations hazard Bodily Injury $ "i ,00,; $ 1 ,00 ontrac tual insurance & property road form property damage combined damage ndependent contractors aersonal In ury PENAL INJURY $ ,UI MOBILE Bodily Injury $ $ ,IABILI'I'Y Westfield Ins. GLA790283 6-29-86 (each person) :apprehensive farm Bodily Injury $ $ died each Occurrence �i red Property Damage Bodily Injury & :anbined Property Damage Ccmbixned $ 1 ,000 CESS LIABILITY Bodily Injury & Property Damage $ $ hrbrella form )ther than Umbrella Combined $ $ Form JDRKERS" AMPENSATICN Statutory and (each �VLOZERS' $ accident) LIABILITY it is certified that a waiver of subrogation is hereby issued to the Tustin Community Redevelopment agency as pertains to the terms of all 1+brkers Compensation insurance . Che issuing company will give thirty (30) days written notice to the Tustin CzmTunity Redevelopment agency prior to modification or cancellation. Date Issue: July 182 1985 VO M DIFICATICNS MAY BE MADE rO THIS FDRrT. Authorized Representative of the above-m naired insurance company(ies) R:9/25/82(P-Tustin) Ga11