Loading...
HomeMy WebLinkAboutCC 5 REPLACE FLOORNG 4-18-83AGENuA DATE: APRIL 12, 1983 CONSENT NO. 5 Inter-Corn WILLIAM HUSTON, CITY MANAGER ~ TN~%~ BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS~CITY ENGINEER FROM: MONDA BUCKLEY, ADMINISTRATIVE ASSISTANT SUBdECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - REMOVAL/REPLACEMENT OF FLOORING AT CLIFTON C. MILLER COMMUNITY CENTER RECOMMENDATION: It is recommended that the Tustin City Council, at their meeting of April 18, 1983, adopt the attached resolution accepting subject project and authorizing the recordation of the Notice of Completion. Assuming no claims or stop payment notices are filed within 30 days of the date of recordation of the Notice of Completion, it is further recommended that the City Council authorize payment of the final 104 retention amount ($929.23) at that time. This amount together with previous payment of $8,363.07 represents 1004 of the final contract amount. BACKGROUND: Subject project encompassed .total removal/replacement of flooring at the Clifton C. Miller Community Center. The work has been completed to the satisfaction of the Engineering Division and there were no contract o~rruns or underruns on the project. The final contract amount is $9,292.30. There is presently $14,200.00 appropriated in the 1982-83 fiscal budget. ADMINISTRATIVE ASSISTANT db Attachment cc: City Clerk Finance Director Street Maintenance Supt. RESOLUTION NO. 83-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION WHEREAS, Harlow Carpets, Inc., having a contract with 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 City Council of the City of Tustin; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinafter more particularly ]2 described in accordance with the provisions of the contract documents and the notice of completion and acceptance of said ]3 public Fork and improvement should be filed and payment of the balance due said contract authorized in accordance with the ]4 contract documentsd 18 19 NOW, THEREFORE, BE IT RESOLVED bg the City Council of the City of Tustin that said pubic work and improvement be, and the same is hereby accepted. Said public work and improvement is more particularly described as follows: REMOVAL/REPLACEMENT OF FLOORING AT CLIFTON C. MILLER COMMUNITY CENTER 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 bg law. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on 1983. 23 24 25 MAYOR 26 ATTEST: 27 28 CITY CLERK CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CONTRACT FOR BUILDING MODIFICATIONS - CLIFTON C. MILLER COMMUNITY CENTER This agreement, made and concluded, in triplicate, this Z-f j-1- day of one thousand nine hundred and eighty-three between the City of TustWn, California, party of the first part, and Harlow Carpets Inc., a corporation organized and existing under and b 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 1. 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 Specifications to be furnished by said party of the first part; necessary to construct and compl.et- in good workmanlike and substantial manner and to the satisfaction of the said party of the first part, in accordance with the specifications entitled, Building modifications -- Clifton C. Miller Community Center and in accordance with the "Standard Specifications" dated January 1981 of the State of California, which said specifications and standard specifications are hereby specifically referred to and by such references made a part hereof. Said specifications are on file in the office of the City Engineer of the City of Tustin, California. ARTICLE 11. 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 Moe SCHEDULE OF WORK ITEMS AND CONTRACT PRICES BUILDING MODIFICATIONS - CLIFTON C. MILLER COMMUNITY CE'NTE'R Item Item With Unit Price Approximate Unit Price Total In No. Written In Words Quantity In Figures in Figures 1. Remove existing linoleum at Two Dollars and Forty Cents 150 Sq. Yd. $2.40 $360.00 Per Square Yard 2. Remove existing carpeting at One Dollar and Twenty Cents 425 Sq. Yd. 1.20 510.00 Per Square Yard 3. Remove existing the at One Dollar and Sixty-Five Cents 20 Sq. Yd. 2.65 33.00 Per Square Yard 4. Replace linoleum at Thirteen Dollars and Eighty-Five Cents 280 Sq. Yd. 13.85 3,878.00 Per Square Yard 5. Replace carpet at Twelve Dollars and Twenty-One Cents 330 Sq. Yd. 12.21 4,029.30 Per Square Yard 6. Replace 6" top set base at One Dollar 260 L.F. 1 .00 260.00 Per Lineal Foot 7. Replace 4" top set base at Seventh Cents 60 L.F. .70 42.00 Per Lineal Foot 8. Replace metal strips at One Dollar 180 L.F. 1 .00 180.00 Per Lineal Foot TOTAL CONTRACT $9,292-30 Total or gross sum written in words Nine Thousand Two Hundred Ninety-Two Dollars and Thirty 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 teras 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 teras 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 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 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 I, Part 7 (Sections 1810 et seg.) 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 Calan dar 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 sharing 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 sharing the name, address, social security number, work classification, straight time and overtime hours worked C-3 r � 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 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 Iitigation 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, 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 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; C--4 i (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; (6) The policy covers personal injury as well as bodily injury liability; (7) The policy covers products and completed operations; (B) The policy covers use of non-owned automobiles; (9) The coverage shall not be cancelled nor materially altered unless and until thirty (30) days written notice is given to the City of Tustin. ARTICLE VIII. (I) 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, City 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 City. 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 CITY OF TUSTIN DATE OF EXECUTION BY CITY OF TUSTIN I, BY:T 4eS&I ��I�iC> r, .-.. (Seal) Mayor of the City of Tustin ATTEST: � 1 C__ � City Clerk of he City Tustin LS Contract and Bond Approved: ti Da to Ly- Ll- 3 City At orney APPROVED AS TO CONTENT: bate 3 City Engineer HARLOW PETS INC. ACaI oniaCrpp ion (Seal) BY Ja D. allace, PrZ' e t �f 7 Jack xindig, Seci�e ary/Treasurer STATE OF CALIFORNIA } COUNTY OF ORANGE ) On - - - 1.9. before me, the undersigned, a Nortary Public in and for the said state personally appeared Jack D. Wallace, known to me to be the President, and Jack xindig, known to me to be the Secretary/Treasurer of Harlow Carpets Inc., 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 arae that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. Witness my hand and official seal: NOTARY PUBLIC IN AND FOR SAID STATE r --;7]0AL SEAL _. HF,NRIETTA T. VANOEN 0MIN C a NOTARY PUBLIC-CALIFORNIA Orange County My Commission Expires Oct. 14, 1983 C-5 w r : CITY OF 'l usrIN CMUIFIC. TE OF INSI- `NCE AND DESI(21ATION OF NAMED ADD^"IONAL IINS= ~ Cr7% -OF TUMN prni Building mDdifications -- 300 Centennial Way Clifton C. Miller Tustin, CA 92680 R CcaYmunity Center AND ADDRESS OF INSZTRED CONrRACrOR 'I I AND ADDRESS OF INSURANCE CONTANY(IES) Harlow Carpets, Inc. 12802 Knott Avenue Industrial Indannity Garden Grove, CA 92641 P.O. Box 2252 Terminal Annex Los Angeles, CA 900r VE Alm ADDRESS OF INSURANCE AGENCY Central National Insurance Corroon & Black Insurance Services 3580 Wilshire Blvd. Los Angeles, CA 90010 3600 Wilshire Blvd. Los Angeles, CA 90010 -his is to certify that the policies of insurance listed below have been issued to the insured nam 2d above, are in force at this time, that the City of Tustin is a nand additional insured thereon is respects claims arising in connection with the hereinabove named Project and that such insur- ance Stall be primary with, reszzect to any other insurance in force purchased by the City of Tustin. :_1 oL Insurance Policy policy Limits or Liability in�ThCusands Insurance Ccmpany tiL rber Expiration each Date Occurrence Aggregate Gi:NERAL LI;aILITY Industrial '.vT340-6373 7/1/84 Bodily Injury S $ Gor:prehensilm fc^n Inderunty I Premises—operations 1 om rDamn el l�Qt�C This certificeteorvenficat�a'otinsurar�ceissiat r' r-Y $ ^ } ,� aninsurancepolicvand does not HmrydjI,(Umd or alter thecov+erage attordod bytne;roliciols �ndesgraurad Hazat : -Q.'uc45/cvmplated lis.edherein.Ncstwithstandir��1gc1orot,,or ccu term,or condition of any con re:torrrthardocu operations hazard mentwithrespaeL encech ybeissue cfmay Bodily Injury $ 500, $ 500, �cntractual insurance verge a.ionofinsurencemaybeissuedormay I& property road far-n pzCperty pertain,theInsuranceatfosdedbythepolici� �' subjecttoallthete � tri"_ - �darriage combined damage dascrit�edhersinis rL ,raependent contractors cluswns and conditions of such p0I1Cl85. :k--rsonal Injury PEP.SCNAL INJURY $ 500, iLrTG't�c3lr. Industrial A0840-6402 7/1/84 lBodily Injury $ $ LIABILITY Inde nnity (each person) :apprehensive form Bodily Injury $ $ '.ped each Occurrence Mired Procerty Damage $ $ Bade y Injury & =ombined Property Damage Ccrrbined $ 600 EXCESS LIABILITY Central CNU I8-84-90 7/1/83 Bodily Injury & 'Jmbrella form National Property Damage $ $ Jther than L"nbrella Limit: Difference between $1,500,000. Combined $ $ Form and underlvin . O` �t Industrial CP844-9546 7/1/83 _Gt 1PLNS'1TrCN Inde nnity Sta to tory and (each E:VLZYERS' $ 100, accident) :.zAalLrrY It is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to the terms of all Workers Cc rupensation Insurance. The issuing cu-pany will give thirty (30) days written notice to the City of Tustin prior to modification or cancellation. Date Issue: March 31,,.J983 J) "CCIFICArIONS OR ADDITICNS ,mAy 3E MADE TO THIS FORM. Autho ized Representative of the above- named insurance company(ies) R:9/5,'82(P--Tustin) C_I/