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HomeMy WebLinkAboutCC 12 FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS PAINTING CONSENT CALENDAR No. 12 7-18-83 DATE: JULY 13, 1983 Inter - Com ADOPTED RESOL{JTION 3-4 `1 TO: WILLIAM HUSTON, CITY MANAGER THRU: BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKSICITY ENGINEE FROM: MONOA BUCKLEY, ADMINISTRATIVE ASSISTANT SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS PAINTING OF CIVIC CENTER COMPLEX RECOMMENDATION: if is recommended that the Tustin City Council , at their meeting of July 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, 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 $1,500.00. This amount together with previous payments of $13,500.00 represents 100% of the final contract amount. BACKGROUND: is project encompassed surface preparation and painting of the Civic Center complex. The work has been completed to the satisfaction of the Engineering Division. The original contract amount for this project was $15,040. ADMINISTRATIVE ASSISTANT db Attachment cc: City Clerk Finance Director Maintenance Superintendent CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CONTRACT FOR THE EXTERIOR PAINTING OF TUSTIN CIVIC CENTER COMPLEX This agreement, made and concluded, in triplicate, this day of ,' ;Z.- ; one thousand nine hundred and eighty-three between the City of tuXtin, California. party of the first part, and Yang H. Kim Painting & Decorating, an -individual organized and existing under and by 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 2. 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 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, Exterior Painting of Tustin Civic Center Complex and in accordance with the "Standard Specifications" dated January 1981 of the State of California, 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. 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: i C-1 -t r- 40W 'ROW SCHEDULE OF WORK ITEMS AND CONTRACT PRICES EXTERIOR PAINTING OF TUSTIN CIVIC CENTER CORPLEX Item Item With Unit Price Unit Price Total In No. Written In Words In Figures In Figures 1. Surface Preparation Including all Appendatures, Clifton C. Miller Community Center at One Thousand $1,800.00 Eight Hundred Dollars Per Lump Sum 2. Furnish and Apply Paint Including all Appendatures, Clifton C. Miller Community Center at Two 2,500.00 Thousand Five Hundred Dollars Per Lump Sum 3. Surface Preparation Including all Appendatures. Council Chambers at One Thousand Seven Hundred Dollars 1,700.00 Per Lump Sum 4. Furnish and Apply Paint Including all Appendatures, Council Chambers at Two Thousand Three Hundred 2,300.06 Dollars Per Lump Sum 5. Surface Preparation Including all Appendatures, City Hall at One Thousand Two Hundred Dollars 1,200.00 Per Lump Sum 6. Furnish and Apply Paint Including all Appendatures, City Hall at Two Thousand Dollars 2,000.00 Per Lump Sum 7. Surface Preparation Including all Appendatures, Police Facility at One Thousand Five Hundred Dollars 1,560.00 Per Lump Sum 8. Furnish and Apply Paint Including all Appendatures, Police Facility at Two Thousand Dollars 2,000.00 Per Lump Sum GRAND TOTAL BID $15,000.00 Total or gross sum written in words e-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 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 (525.00) 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 (5 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 (52,000.00) 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 (525.00) 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 Y f NEW each day and week and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the puhlic work, and agrees to insist that each of his suhcontractors do the same. Contractor Further agrees that his payroll records and those of his suhcontractors shall be availahle to the employee or his representative, the Division of Lahor Standards Enforcement, and the Divison of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1.775, et seg., 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 hefore 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 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, 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 $2,000,000. The following endorsements must be indicated on all certificates of insurance: (l) 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 a (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 explosion, collapse and underground hazards; (B) 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 City of Tustin. C-5 3 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 E3 BY: xl3f (Seal) Mayor of the City of Tustin ATTEST: City Clerko - the City f Tustin Contract and Bond Approved: 6�Z11A91W11W Date r— -43 City Attorney APPROVED AS TO CONTENT: City Engineer YANG H. KIM PAINTING AND DECORATING An Individual (Seal) BY _y, - Yari d. j���` STATE OF CALIFORNIA ) SS COUNTY OF ORANGE } On May 3 1963, before me, the undersigned, a Nortary Public in and for the said state personally appeared Yang H. Kim, of Yang H. Kim Paining and Decorating, the individual that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the company herein named, and acknowledged to me that such individual executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. *or proved to me on the basis of satisfactory evidence Witness my hand and official seal: NOTARY PUBLIC IN AND FOR SAID STATE Z OFFICIAL SEAL EVELYN M. HERRING p NOTARY PUBLIC CA:.IFORNIA PRINCIPAL OFFICE IN pK� F ORANGE COUNTY — My Commission expires lufy 29, 1y83 C-6 :: s CITY OF TUSTIN CERTIFICATE OF INS INCE AND DESIGNATION OF NAMED Ar" "`ICNAL INSURED TO: �IT`i OF TUSTIN PRWELT: xter300 Centennial way of Tustin Civic Center 1Cnirplexor ting Tustin, CA 92680 NAME AM ADDRESS OF INSURED CONTRACTOR NAME AND ADDRESS OF INSURANCE COMPANY(IES) Pntg231 N. Tustin &Ave.co]ratincj Unuarwriters Ins. Co . ,c/a Aarket IDsurancG Santair. Tustin v 15:30 Ventura 6 v3. , < riCino,CA 91436 Santa Ana,, ^1'�, �?7n� NU�%E ;JM ADDRESS OF I :SURANCE AGENCY IniurtL7cr Gv. Cif cl:e T:el1G Fkl-i ctnt corp. P.Q. Box 2039, Tusti.-i, CA 926';0 P.U. box 1260, Zustin, CA 92681 L'n_iversal 0:�ctlyjt•, Ins. Co. , c/o Markct In This is to certify that the policies of insurance istcld hU; 4 n szssue' the inW nam- ed above, are in force at this time,, that the City of Tustin is a named additional insured thereon as respects claims arising in connection with the hereinabove named Project and that such insur- ance shall be primary with respect to any other insurance in force purchased by the City of Tustin. Type of Insurance Policy Policy Limits of Liability in Thousands Insurance Company Number Expiration Each Date Occurrence AggMate GENERAL LIABILITY Bodily Injury $ $ Comprehensive form Premises-cpera tions; Property Damage $ Explosion and collapse hazard U'ndergrcund Hazard UnGerwriters CL346--07201:3 Products/carple ted c/2 3; 3 operations hazard- Bodily Injury $- $ Contractual insurance & property Broad form property damage combined damage Independent contractors Personal Injury PER.SONAL.IN= $ 1%UrOMCBILE TBodily Injury $ $ LIABILITY (each person) Comprehensive form Bodily Injury $ $ Owned each. Occurrence Hired Property Damage S S Bodily Injury & Canbined Property Damage Combined S EXCESS LIABILITY. _..�.v.-rsui Security Bodily Injury & Umbrella form r:L06358 9/23/13 Property Damage $ $ Other than Umbrella Combined 1$ $ Form 000, 1 ,000 WORKERS' COP PENSPCP ICN sta to tory and I:.:,ura�fet� Co. of the west (each EMPL4NERS' 73 1.je,7 r)2 1/1./34 I �$�0 � accident) LIABILITY ` 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 company will give thirty (30) days written notice to the City of Tustin prior to modification or cancellation. Date Issue: NO MODI FI CAT IONS OR ADDITIONS MAY BE MADE TO THIS FORM. Authorized Representative of the above-- named insurance company(ies) R:9/25/82(P-Mistin) C-II