HomeMy WebLinkAboutNB 5 P.D. & C.H. MOD'S 05-17-82 5-17-82
May 11, ~~
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
BILL HUSTON, CITY MANAGER
REQUEST FOR /L°PROVAL OF CHANGE ORDERS - POLICE AND CITY HALL
BUILDING MODIFICATION
RECOMMENDATION:
That the City Council authorize the following change orders to the contract
with Resnik Construction Co. for the above referenced project:
1. Installation of electrical conduit wiring and outlets for the main
computer and CRTS (for use in water service billings) - $2,635.00
Installation of conduit from the main computer to the Police
Department (to accommodate computer equipment to be installed at four
locations in the Police Department - $2,940.00
3. Installation of new carpet in City Hall with the exception of the
Police, Community Development and Public Works Departments - $9,275.00
DISCUSSION:
The contract for the building modifications does not provide for these
items since it had been anticipated they would be installed at a later
date. However, staff has determined it would be more cost effective to do
the installation at this time for the following reasons:
The change order for wiring for the CRTS provides for placing the
conduit in the floor slab in lieu of running it overhead and down
walls and posts. Placing conduit in the floor eliminates the need for
posts which could limit flexibility in office space utilization.
The change order for the conduit from the main computer to the Police
Department was scheduled to be completed in fiscal year 1982-82 in
conjunction with installation of the Department's computer equipment.
As the Council will recall, the Department has a schedule for
implementation of a computer system to assist the Department in
records keeping, crime analysis and management information systems.
This fiscal year, the Council authorized acquisition of the software
programs. The 1982-83 budget includes monies to acquire the terminals
and related equipment to fully implement the system. Installation of
the conduit in conjunction with the building modifications will result
in a cost savings and avoid disrupting the Finance Department at a
later date.
The change order for the carpet allows the City to take advantage of a
substantial price break (due to the current economy) and avoids the
potential problem of matching carpet in the future. The Finance
Department addition will require new carpet. The present carpeting in
City Hall was installed when the building was constructed and needs to
be replaced due to age and wear. Community Development and Public
Works would not be carpeted at this time since the office layout in
those areas probably will change in the future (to accommodate water
operations personnel and the long range space needs of these
departments.)
WH:dmt
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SECTICN C
CITY OF TUSTIN
ORANGE CaJN Y, CALIFORNIA
CCN'IRACI`
FOR BUILDING MODIFICATICNS
TO THE EXISTING FINANCE DEPARTMENT
AND POLICE DEPART'MEN'T' FACILITY
This agreement, made and concluded, in triplicate, this O� L4 day of
one thousand nine hundred and eighty-one between the City of Tustin,
California party of the first part, and 1 � ;t;,� f ` , �,,_ 1- -14,
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 Specif icat ions 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, Building
Modifications to the Existing Finance Department and Police Department Facility and in
accordance with the "Standard Specifications" dated January 1981 of the State of
California, Business and Transportation Agency, Department of Transportation, the City
of Tustin Building Code, as amended, and the Uniform Building Code and 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 an file in the
office of the Building official 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 thern, to wit:
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SCHEDULE OF WORK ITEMS AND CCNTRACI' PRICES
FOR BUILDING MODIFICATICNS
TO THE EXISTING FINANCE DEPARTMENT
AND PDLICE DEPARIPiENT FACILITY
Item Approximate Unit Price Total In
No. Item With Unit Price Written in Words Quantity In Figures Figures
1 . Building Modification Improvements - Police
Building at
1 L.S. ylv n
Per Lump Sum
2, Building Modification Improvements - City
Hall/Finance Building at
..- . 1 . " � � 1 L.S.
Per Lump Sum
'TOTAL CCNTRACT
Total or gross sum written in words � ��F ��� >0 pit>_ Sid
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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 CF 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 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, forfeit to the CITY OF T[3STIN,
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 Agency as a penalty, the sun 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.
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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 aqrees 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, 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. The defense in indemnification by
Contractor shall include all costs and expenditures including attorney's fees
incurred by the City or its employees, officers or agents with respect to such claim
or suit and Contractor will, if requested by the City, 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 may be retained by the 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 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.
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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 PRIG 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 corers 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)
perations:(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.
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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 TUSTIy
DATE OF EXE CUTI CN BY CITY OF TUSMN 3 — S 2l — —
Mayor of the City or Vast in
ATTEST: �Y�c�• �. LJ � J�
City Clerk f the CAty of Tustin
L'
Contract and Bond Approved:
City'Attorney
L
z
to
r �
PR_ AS ;
Bu lding Official
400
7STATEFORNIA,ORANGE ss.
t7N 14a rch
1 before me, the undersigned, a Notary Public in and for the said State, personally appeared
I __ MARTEN RESNIK
President,and ANN RESNIH -- known to me to be the
` to 6e the Secretary of—_ , known to me
—A TT_N R_ESNIK CONSTRLI( T�OI+x COMPANY _I_N_C.
I r 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
TC f;lL :;I AT, � to me that such Corporation executed the within
NOTARY Instrument o
SANQ2q K >VANS resolution of its board of directors. s by-laws or a
_'ate•= Y�, A � _
caLlro�rviA pursuant tits
m
O'n1"r_ CO ;;TY y hand and official seal.
r.1y COMM, t)V'e; 1Uf4 24, 1�t4
ACIf"WLEdGMENT—Corp,_pres, &Sec.—Wolcotts Farm 226--.Rev 354 — Notary Pebfic ill and for said State.
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� CITY OF TUSTIN
=IFICATE OF INSURANCE
:]AriE & ADDRESS OF AGENCY
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.
NAME & ADDRESS OF INSURANCE AGENCY:
JUNE PLACE INSURANCE
296c So COAST 1114Y
AGT _ BFAC '.fCA c
T
This is to ee 1 y thaW� icies of insuranoe listed below have been issued to the insured namrad
above and are in force at this time.
Type of Insurance Policy Policy Limits of Liability 7 T eu sanc s
Insurance Company Number Expiration Each
LI �'7ILITY FARMERS INS GRUiP 01475-00-88 Date " -r)1-33 � Occurrence Aggregate
GENERAL LIABILITY Excess 1271-40-86 Bodily In3ury $
300, 000 $
00 ,000
Comprehensive form
Premises-operations Property Damage $ 300,000
Explosion and collapse
hazard
Underground Hazard
Products/comple ted 300,000 300,000
operations hazard Bodily Injury $ $
Contractual insurance & property
Broad form property damage combined
damage
Independent contractors
Personal Injury PERSONAL IN URY 300 $ 300
AUTOhi08ILE Bodl y Injury 308, 000 $300,000
LIABILI'T'Y (each person)
Comprehensive form
Bodily Injury 300,000 $300,000
Charred each
Occurrence
Hired Property Damage $ $ 300
BodilT Injury &
Combined Prope r ty Damage 300, 000
Combined $
EXCESS LIABILITY Bodily Injury & 1 ,000,000
[fi�rella form Property Damage 1$000'0 db
Other than Umbrella Combined 1,000,800 1$,000,000
Form
WOFOCERS' -
CO?TPDISAT ION 5 to to tory
and (each
ETIPLCYERS $ accident)
LIABILITY
The issuing company will give thirty (30) days written notice to the below-named certificate holdei
prior to modification or cancellation.
NAME AND ADDRESS OF CERTIFI=E HOLDER Date Issue: (}2_1c_1c82
CI'T'Y OF TUSTIN �, -/Y - T300 Centennial Way �, crized Represe4L—T—�
tive ❑ abovc
Tustin, California 92680 /p3med insurance company(ies)
8:09/03/81 -
,41
Bond No. -
Amount $ 31, 600 .as
Premium: $474. 00
CITY OF TUSTIN
PUBLIC CCNrRACT
PERFURMANCE BOND
KNOW ALL MEN BY TEESE PRESENTS: That T n
'j�t 1 n r.A CT±��'- �.C7"'1 4 t YI Z['�Z �-1"+ C.t:T„
as and hereinafter referred to collectively as,
„Principal", and T'41,01'.0 , ;TTS- rQ'� .,r-+='4)R C-4
a corporation organized and existing under the laws of the State of 0,_ 1i�'arn.ia
_ , and duly authorized to transact surety business in the
State of California, as, and hereinafter referred to as, "Surety", are held and
firmly bound unto the City of Tustin hereinafter referred to as the "City", in the
sum of $ -11iirtV -0ne T:-iyo�usar+d_Sf. for payment of which Principal and
yy11yy -,i
surety bind themselves, their heirs, administrators, successor and assigns, jointy and
severally as follows:
THE CCNDITICN OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal has entered into a contract dated
, 1982, with City to do and perform the following, generally
described work, which is more particularly described in said contract:
For Building Modifications to the Existing Finance Department and Police
Department Facility.
WHEREAS, all of such improvements are to be constructed and installed in
L.
accordance with the plans and specifications described, referred to and incorporated
in said contract; and
AiEREAS, Principal shall cc rrience and complete the construction and
installation of such improvements as provided in said contract; and
NCW,TH EREFORE, if Principal shall faithfully perform all agreements contained in
the aforesaid contract, then this obligation shall be null and void.
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PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements
contained in the hereinabove described contract and all obligations, then this
obligation shall remain in full force and effect.
PROVIDED Rn?MER, HCWE'VER, that Surety hereby stipulates and agrees that no
change, extension of time, alteration or modification of the contract documents or
of the work to be performed thereunder shall in any way effect its obligation on this
bond and it does hereby waive notice of any such change, extension of time, alteration
or modification of the contract documents or of work to be performed thereunder; and
PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any
other person who may bring an action on this bond, a reasonable attorney's fee, to be
fixed by the Court, shall be paid by Principal and Surety.
i SURETY: Ii+Di� NITY CU PANTY OF CALIFn-.".,IA
(NAME)
NME: Attach proper acknowledgements
for both Surety & Principal. 3Y.-
Attorney-In-Fact
Y: Attorney-In-Fact
(Seal) BY: Susan i,i. 5c'zer..,?rts
APPRMM AS's.. Address of Surety:
X20 North Parton Street
Attorney Oanta Ana, CA 9270
-
PRINCIPAL:meq in Resp k 5Fhst. Co.
AS SY
fair ,� (Seal)
EfuiIdjrTg Of icia Address of Principal:
I-���s- c��►�L �r
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Bond No. 627 675P
Amount $ ;,,g1 ; PICO 0.R^
Premium: -- ',1� n _
CITY OF TUSTIN (Inc. in Perf.. Bond)
PUBLIC CCNTRACI'
LABOR MD MATERIALS
KNOW ALL ASN BY THESE PRESENTS: That "artin resod-: t ons wruction Ca.
- -- - - - - - -- - - as and hereinafter referred to collectively as "Principal"
and IiID12'NITY :1Pr, nN - , a corporation
organized and existing under the laws of the State of csji i�,--"I a ,
and duly authorized to transact surety business in the State of California, as and
hereinafter referred to as "Surety", are held and firmly bound unto the City of
Tustin hereinafter referred to as "City", in the sum of $_ri.f .g.ax�-T* ��
iiundred - -for payment of which Principal and Surety bind themselves, their
heirs, administrators, successors and assigns, jointly and severally, as follows:
THE CCNDITICN OF THE ABCVE OBLIGATICN I5 THAT:
WHEREAS, Principal has entered into a contract dated ,
1982, with City to do and perform the following, generally described work, which is
more particularly described in said contract:
For Building Modifications to the Existing Finance Department and Police
Department Facility.
WHEREAS, Principal shall commence and ccgnplete the construction and installation
of such improvements provided in said contract; and
N04 THEREFORE, if Principal shall pay the contractor, his subcontractor, and all
persons renting equipment or furnishing labor or materials to then for such
improvements,for the full cost of such improvements then this obligation shall be null
and void.
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PRCVIDED, HGWEVER, if Principal shall not pay the subcontractor and all persons
renting equipment or furnishing labor or materials to then for such improvements for
the full cost of such improvements, then this obligation shall remain in full force
and effect and such contractor, subcontractor and persons shall have a direct right of
action against the Principal and Surety under this obligation, subject to priority of
City.
PROVIDED FURTHER, HMVER, that Surety stipulates and agrees that no change,
extension of time, alteration, or modification of the contract docLments or of the
work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder; and
PRCVIDED FURTHER that in case suit is brought upon this bond by the City or any
' other person who may bring an action on this bond, a reasonable attorney's fee, to be
fixed by the court, shall be paid by Principal and Surety.
IN WITNESS MiEREDF, Principal and Surety have caused these presents to be duly
signed and sealed this 1 ]t; day of ,^r � �.rx 19�_.
SU=: Tr.T-DT24TJT-TV-C M1,Pa= QV �7 -'r1
_TR1�]T,
(NAME)
NOPE: Attach proper acknowledgements
for both Surety & Principal. BY
Attorney-In- act
(Seal) BY:
an M. Sohenqerts
Address of Surety:
APPROVED AS TO KM: 020 North Parton Street
'r-
;� � Santa Ana, CA 92701
City Attorney =�^
PRINCIPAL: Martin Res h .lot. Co.
RC�iIID ASTQ1 C
Bv: ,'artiTx l Resnik t5f�
Address of Principal: �7
ilding icial
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} -• CITY OF TUarIN
r CERrIFICATE OF INSURANCE
,-AttE & ADDRESS OF � Insured '
s
Martin Resnick
1345 Coral Drive, Laguna Beach, Calif. 92651
It is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to
th—e tem of all 16br vers Ca=ensation Ins.rarsc--.
NIA1'1_b ADiI�55 OF INaEWJCF- ��': Moselle Insurance, Inc.
300 S. Hobart Blvd
Los An eles ❑O20
Th3.5 LS �} DI Y thaE pall cies of i n ux-an= ist� below Calif .nave men issued
to the
]SL� nam
etx -e and are in farm a t this tine.
Type or- Insurance Po icy Po Cy I..u3u is OE g3 ty in T s
Tn��ranra Ccap�l1y Umber Expiration Each
occut rtw a tE
GENSAL LIABILITYExcess Eamy jury $
C• �F+wr,�iy� fcxm :.
F'z�^t +a�cera ticrr�s _ arty Dara
Exp1=icn and _
hazard • .. _ „• -
FfideXg=uld Hazard
Protects/==pleted
or-_era t7_ons hazard Find i ly Injury S S
Ccntr'act;al insurance & property
Broad fora EZ rty damage combired
age _�•_ ,_�_.
Independent cantractnrz
AL7I'CI"SM= NON OWNM 8adily Injury $ $
LABILITY (each person)
Crelm—nsive faxen
Bodily Injury S
wed each
Occurrence
Hired Pro= y & S-
Combined Property Daxrag!�
Carbined S _
EXCI LIABT-= Bod zly Injury &
Property Dmrsagq 5
i,-.1trella form
6t��r than tha�3mlla_ Combined . S
Fc= -
Wa.�.E.�5'
CO2E,I5I'ICT Fremont Statutory
and Indemnity Co.-rWN81029973- 5/2/82 -teach
Et IPLC7'�.S $2 ,000 accident)
LI8,B1 Y
TY-issuing awpany will give thirty (30) days written notice to the below--named certificate- halde.
prior to =dificartion or cancellation.
WIE AND ? DIDRESS OF CEIFICRTE HOLOE~R Date Issue_ Vebzuary _22t_I9 S2
'DITYOF TUS IN
80 Centennial Way thorizii3 P.epresenta tl -or the
irustin, California 92580 "named insurance y(ies)