HomeMy WebLinkAbout06 PROJ 20030/400034 08-17-98AGENDA
NO. 6
8-17-98
DATE: August 17, 1998
Inter-Com
TO'
FROM:
SUBJECT:
William A. Huston, City Manag6r
Parks & Recreation Services Department
AWARD OF BID FOR FRONTIER PARK/PINE TREE PARK RESTROOM
REHABILITATION (PROJECT NOS. 200030/400034) AND FINDING OF BENEFIT FOR
FRONTIER PARK
RECOMMENDATIONS:
1)
A request to the City Council to award a contract for the construction of Frontier
Park/Pine Tree Park Restrooms, Project Nos. 200030/400034, to BIG BEN
CONSTRUCTION COMPANY of Santa Ana, in the amount not-to-exceed
$238,500 subject to approval of the contract requirements by the City Attorney
and execution by the City Manager.
2)
Adopt Resolution No. 98-73 making a finding of benefit to authorize the City
Council to utilize South Central Tax Increment Funds outside of the project area
for the purpose of making improvements to Frontier Park at 1400 Mitchell
Avenue.
FISCAL IMPACT:
Funding for construction of the Frontier Park restrooms and shade trellis is being provided
through CDBG ($72,135), Redevelopment Agency ($33,433) and Park Development funds
($76,891). Funding for the rehabilitation and construction of the Pine Tree Park restroom is
being provided throu~ the Capital Project Fund #020 ($126,500). The total allocation of
$308,959 includes architectural services, construction, project management and a
contingency fund.
8/17/98
Frontier Park/Pinetree park Award of Bid
Page 2 of 3
BACKGROUND AND DISCUSSION:
At the April 20, 1998 meeting, the City Council approved plans and specifications and
authorized advertisement for bids for the rehabilitation of the restrooms at Frontier and
Pine Tree Parks. The Frontier project was originally bid in December 1996. Due to
insurance problems the project was canceled and re-bid with the Pinetree project.
Sealed bids for the combined projects were opened on July 7, 1998. Six (6) bids for
construction were received. Bids were as follows:
Contractor
Big Ben Construction
Irvine Engineering Corp.
West Coast Construction
TLS Consruction
AMD Construction
PRO Systems
Amount
$238,500
$258,110
$268,800
$315,513
$353,500
$434,451
The Project Manager determined that the contractor holds a valid contractor's license,
checked references and reviewed the bid. The City Attorney will complete a review of
the required bonds and insurance certificates. Construction of the project should begin in
early September after the completion of summer recreation programming. Completion of
the project should take place mid-December 1998.
On August 31, 1996, the RedevelOpment Agency appropriated $26,400 in South Central
Project Area Set-Aside Funds for the renovation of the Frontier Park restroom facility.
The existing restroom facilities and adjacent hardscape will be demolished. A new
restroom facility with hardscape will- be constructed in its place. The restroom building is
approximately 570 sq. ft. and consists of men's and women's rest rooms, utility room, and
concession/storage room. The Frontier Park project also includes a trellis shade structure
of approximately 670 sq. ft, Other work includes modifications to existing stairs,
handrails and walkways for ADA compliance. Landscape, irrigation, and grading
impacted by the construction will be restored to existing conditions.
Califomia Redevelopment Law (CRL) requires the use of any project area tax increment
to be used only within the project area boundaries. However, Section 33445 of the CRL
provides an exception when the Agency makes a finding that the use of these funds
outside the project area constitutes a benefit to the project area, and there are no other
funds available for said project. Both the Redevelopment Agency and the City Council
must declare the finding through the adoption of a resolution.
8/17/98
Frontier Park)Pinetree Park Award of Bid
Page 2 of 2
Sealed bids for the combined projects were opened on July 7, 1998. Six (6) bids for
construction were received. The bids were as follows:
Contractor
Big Ben Construction
Irvine Engineering Corp.
West Coast Construction
TLS Consruction
AMD Construction
PRO Systems
Amount
$238,500
$258,110
$268,800
$315,513
$353,500'
$434,451
The Project Manager determined that the contractor holds a valid contractor's license,
checked references and reviewed the bid. The City Attorney will complete a review of
the required bonds and insurance certificates.
Construction of the project will begin in early September after the completion of the
summer recreation program. Completion of the project should take place mid-December
1998.
a~agill(~
Superintendent
Patrick San~hez Q~
Director, Parks and Recreation Services
AWARD OF BID FRONTIER.WAH
RESOLUTION NO. 98-73
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT THE USE OF TAXES ALLOCATED FROM
THE SOUTH CENTRAL PROJECT AREA FOR THE PURPOSE OF THE
FRONTIER PARK RESTROOM RENOVATION AT 1400 MITCHELL
AVENUE WILL BE OF BENEFIT TO THE PROJECT AREA.
The City Council of the City of Tustin does hereby resolve as follows:
WHEREAS, the Community Redevelopment Agency of the City of Tustin (Agency)
has adopted a Redevelopment Plan (Redevelopment Plan) for the South Central Project Area
(the Project); and
WHEREAS, the Redevelopment Plan provides for the allocation of taxes for the Project
Area; and
WHEREAS, Section 33445 of the Health and Safety Code provides that the
Redevelopment Tax Increment 'Funds may be used outside of a Project Area if a finding is
made by the Agency and the City Council that such a use will be of benefit to the adjacent
Project Area, and there are no other reasonable means of financing the acquisition and cost of
improvements; and
WHEREAS, the City of Tustin has determined that the rehabilitation of the Frontier
Park restroom facility would benefit the southwesterly portion of the City, the boundary of
which includes residential target areas located within close proximity to, but outside the South
Central Redevelopment Project Area; and.
WHEREAS, the South central Redevelopment Project Area and Five-Year South
Central Project Implementation Plan authorizes the upgrading of substandard public
infrastructure systems and public facilities and the installation and construction of new public
improvements to meet the requirements of existing and new development in the South Central
area; and
WHEREAS, the South Central Five-Year Implementation Plan specifically
recommended to provide recreation facilities to benefit children and young adults and families
in the South Central Project Area,
NOW, THEREFORE, the City Council of the City of Tustin does hereby fred and
resolve as follows:
Section' 1. That the City Council hereby £mds that the use of taxes allocated from the
South Central Project Area to be used outside the boundaries of the Project Area for the
purposes of the rehabilitation and renovation of the Frontier Park restroom facility at 1400
Mitchell Avenue will be of direct benefit to the South Central Project Area, and that no other
reasonable means of financing for said Project are available in the community.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held
on the 17a day of August, 1998.
Thomas R. Saltarelli, Mayor
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:la Stoker, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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CERTIFICATION FOR RESOLUTION NO. 98-73
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing Resolution was duly and regularly passed and adopted at a
regular meeting of the City Council held on the 17a day of August, 1998 by the following vote:
~8 COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
coUNCILMEMBER ABSENT:
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Pamela Stoker, City Clerk
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SECTION C
CONSTRUCTION CONTRACT
FRONTIER PARK/PINE TREE PARK RESTROOM REHABILITATION
PROJECT NOS. :200030/400034
THIS AGREEMENT, made and entered into this 'day of 1998, by and bet~¥een the City
of Tustin, OWNER, a public entity, hereinafter referred to as "OWNER" AND/OR "CITY" and
, hereinafter referred to as "CONTRACTOR".
WITNESSETH:
That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
ARTIC[.E I
CONTRACT DOCUMENTS -
1.1 The complete contract between City, and Contraclor with regards to .tile subject matter includes all of
contract documents which are incorporated herein by this reference, to wit.
1.1.1
i.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
Notice of Inviting Bids.
Instruction to Bidders.
Proposal.
Affidavits of Non-Collusion.
All Bonds and 'Certificates of Insurance Required.
?
Construction Contract
General Cbnditions and Table of Contents.
Supplementary Conditions.
Feder,~l Wage Rates
1.1.10 Federal .Procurement, Personnel & Environmental Procedures & Conditions.
1.1.11 Federal Labor Standards Provisions.
1.1.12 Plans and Specifications
ARTICLE 2
DESCRIPTION OF THE ~,~VORK.
FRONTIER PARK/PINE TREE PARK RESTROOMS - CITY OF TUSTIN
CONSTRUCTION CONTRACT- 1
2.1
2.2
3.1
3.2
3.3
3.4
Contractor, at its own proper cost and expense, shall perform everything required to be performed and
shall provide and furnish all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities and all other
facilities, services and incidentals (including any construction in the vicinity of the Project site shown
on or reasonably inferable from the Construction Documents t'or the Frontier Park Rest,r(~om
Rehabilitation as and when required for or in connection with the construction, testing, initial ope~-ation
and.completion of the below described project in strict conformity with the Contract Documents and
in full compliance with all applicable Federal, State and local laws, ordinances, rules and regulations
(hereinafter collectivelY referred to as the "\~,fork").
Project:
2.2.1
2.2.2
·
Title: Frontier Park/Pine Tree Park Restroom Rehabilitation Project Nos. 200030/400034.
Locations: 1411 Mitchell Ave. and 1402 BQ,an Ave., Tusiin, CA, 92680.
2.2.3
Scope of \~/ork-: All labor, materials, tools, and equipment necessary for construction of the
Restroom Facilities, shade structure, and site improvements described in the Contract
Documents. -
ARTICLE 3
CONTRACTOR'S DUTIES AND STATUS
Contractor accepts the. relationship of trust and confidence established between it and the Cih,. by this
Agreement. Contractor covenants with the City to furnish its best skill and judgment and to cooperate
with the City in furthering the interests of the City. Contractor agrees to furnish efficient business
administration and superintendence and to use its best efforts to furnish at ali times an adequate supply
of workers and materials, and to perform the Work in the best way and in the most expeditious and
economical manner consistent with the interests of the City.
Contractor agrees to abide by all laws, codes and regulations applicable to the Project and the Work
while performing work under this Agreement and shall exercise the highest care as a professional in its
field in performing the Work.
Contractor agrees to perform the Work and furnish all the materials for said Project at its own cost and'
expense. Ali .work and materials shall be constructed and completed in a good workmanlike and
substantial manner and to the satisfaction of the City in accordance with all Contract Documents. All
materials furnished and used in connect:ion therewith shall be new and approved by the City, except as
otherwise expressly provided for in the Contract Documents. Contractor shall cause all materials and
other parts of~e Work to be readily available as and when required or needed for or in connection with
the construction of the Project.
Contractor shall provide competent supervision of the VVork and shall cause the Work to be pei'formed
in strict and complete accordance with the Contract Documents, and all things indicated or reasonably
inferable therefrom by a contractor of Contractor's experience and expertise. If required by the City,
Contractor shall prepare and furnish project cash flow projections, manning charts for all key trades,
schedules for l~e purchase and delivery of all equipment and materials, together with periodic updating
thereof.
FRONTIER PARK/PINE TREE PARK RESTROOMS - CITY OF TUSTIN CONSTRUCTION CONTRACT - 2
3.5 The City hereby promises and agrees with Contractor to employ and does hereby employ Contractor to
provide the materials and to do the ~iork according to the terms and conditions herein contained and
referred tO, for the prices listed in Article 5, below, and hereby contracts to pay the ~me at the time, in
the manner and upon the conditions herein; and the parties for themselves, their heirs, executors,
administrators, successors, and assi§ns do hereby agree to the full performance of the covenants herein
contained.
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3.6 - Contractor shall prepare or cause to be prepared, as part of the \A/ork, all shop drawings not made a part
of the Construction Documents for the Frontier Park/Pine Tree Park Restroom Rehabilitation, which are
required in the performance of the Contractor's obligations hereunder.
4.1
5.1
5.2
4.2
ARTICLE 4
COMMENCEMENT AND DURATION
Contractor agrees to commence construction of the VVork provide~J for herein within five (5) calendar
days after issuance of the Notice to Proceed, and to continue in a diligent and workmanlike manner
without interruption, and to complete dne construction thereof within Ninety-~vo (92) calendar days aft. er
issuance of Notice To Proceed.
Time is of the essence in this Contract, and it is agreed that it would be impracticable or extremely
difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any
delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated
damages to the City. the following sum: Five Hundred golJar$ ($500) for each 'day's delay beyond the
time herein prescribed for finishing work to meet the requirements of Substantial Completion. If
liquidated damages are not paid, as assessed by the City, the Cil'y may deduct the amount thereof from
any money due or that may become due the Contractor under this Contract in addition to any other
remedy available to City. The Contractor shall not be assessed liquidated damages for any delay caused
by the failure ora public utility to reloc_~te or remove an existing utility required for the performance of
this Contract.
ARTICLE .5
CONTRACT PRICE
in full consideration of the full and complete performance of the Work and all other obligations of
Contractor hereunder:
Contractor agrees to receive and accept the contract price shown .on in Paragraph 5.2 as full
· compensation for fumishing all materials and for doing all the Work contemplated and embraced in the
Contract; and also for ali loss or damage arising out of the nature of the Work, or from the action of the
elements, or from 'any unforeseen difficulties or obstructions which may arise or be encountered in the
prosecution of the work until its final acceptance by the City of Tustin, and for all risks of every
description connected with the Work; also for ali expenses incurred by or in consequence of the
suspension or discontinuance of work and for well and faithfully comp!ming the Work, and the wh'ole
thereof, in the manner and according to the Contract Documents, and the requirements of the City
Engineer relating to them.
City agrees to make progress payments and final payment in accordance with the method set forth in
the Contract Documents.
FRONTIER PARK/PINE TREE PARK RESTROOMS - CITY OF TUSTIN
CONSTRUCTION CONTRACT- 3
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LUMP SUM CONTRACT BREAKDOWN
PROJECT NOS. 200030/400034
J ITEM J' NAME OF SUBCONTRACT'oR j TOTAL.
NO. ITEM DESCRIPTION AND/OR MATERIAL.SUPPLIER
1. J General Requirements
2. Demolition / ~ c_,'C; ~-.-'
:3. Earthwork
4. Exterior Flat Work ~'~ C?c"~ (.2
5. Storm Drain
6. Landscape
7. j Concrete Work
9. Metal Fabri~tions [ C~-C~, C".~)
12. Doors and Frame.s '~'-~-'~2C
13: Finish Hardware. '"-~
~.~. ^~i-~,-~ffi~i~,ot~,-p,-oof '~' .~-L~ c,~ "
16. Specialties
18. Electrical; General '~"7.(_YG'"~Y(? '
19.
20.
21.
22.
FRONTIER PARK/PINE TREE PARK RESTROOMS - CITY OF TUSTIN CONSTRUCTION CONTRACT - 4
II
NO. ITEM DESCRIPTION AND/OR MATERIAL SUPPLIER
23.
24.
25.
26.
27. Overhead and Profit
5.3
Contractor shall submit Applications for Payment of the Contract Price in accordance with the Gene-~al
Conditions. The City shall review and either approve or reject such applications as provided in the
General Conditions.
5.4
5.5
The City shall make progress payments to Contractor on the basis of Contractor's Applications for
Payment, approved by the City, in an amount equal to ninety percent (90°/°) of the Work completed,
less, in each case, the aggregate of paYm.ents previously made. All progress payments will be made on
the progress of the Work measured by the schedule of values required by the General Conditions. The
City shall pay for material stored onsite in accordance with Section 01600, Materials and Equipment,
of the Specifications. The City shall not pay for any offsite stored materials.
Following the City's written approval of a Final Application for Payment submitted by Contractor
pursuant to me General Conditions, but not less than thirty-five (35) days following the recordation of
a Notice of Completion.with respect to the Work, the City shall pay ff~e remainder of the Contract Price
to .Contractor, less retentions as the City shall determine in accordanc(~ with the General Conditions.
ARTICLE 6
INDEMNIFICATION
See Section 6-11, Indemnity, of the General Conditions (Section D).
ARTICLE 7
LABOR REL&TIONS
7.1
T. he Contractor shall pay, and shall require all subcontractors to pay, all employees on said Work a
salary or wage at least equal to the prevailing salar), or wage established for such Work as set forth in
the wage determinations and wage standards applicable to this Work, a copy of which is attached as
Section F herein. Travel and subsistence pay shall be paid in accordance with Labor Code Section
1773.8. .
FRONTIER' PARK/PINE TREE PARK RESTROOMS - CITY OF TUSTIN CONSTRUCTION CONTRACT - 5
7.2
7.3
7.4
7.5
7.6
7.7
The project is funded with'Community Development Block Grant (CDBG) monies, and is subject to all
Federal regulations including Davis-Bacon Act. The CITY has obtained Federal Wage Rates, Section F,
for 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 Project Manager. The
Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this p,ubl~c
works contract.
The Contractor, shall, as a penalty to the City, forfeit Twenty-five Dollars ($25.00) for each calendar day
or portion thereof for each worker paid (either by the Contractor or any subcOntractor under Contractor)
less than the prevailin, g rate set forth herein on the Work, all in accordance with Sections 1774 and 1775
of the California Labor Code.
Section 1777.5 of California 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..
In performance of the work, 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 California Labor Code, 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 calendar day during which
any worker is required or permitted to labor more than eight (8) hours in any one calendar day and fort3,
. (40) hours in any one week in violation of the Labor Code. Contractor shall keep an accurate record
showing the name and actual hours worked each calendar day and each calendar week by each worker
employed by Contractor in connection with the YVork.
ContractOr agrees to keep accurate payroll records showing the name, address, social security number,
work classification, straight time paid to each journey person, apprentice or worker employed in
connection with the work, and agrees to insist that each of the subcontractors do the 'same. Contractor
further agrees that its payroll records and those of the subcontractors shall be available to the employee
or employee's representative, the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards, and shall .comply with all of tee provisions of Labor Code Section 1776, et
seq..
Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self insurance in
accordance with the provisions of that Code and shall comply with such provisions before commencing
the performance of the Work of this contract. Contractor, by executing this Contract, hereby certifies:
I am aware of, and will comply with, Section 3700 oft, he Labor Code by securing payment for,
and maintaining in full force and effect for the dura[ion of the contract, complete ¼/orkers'
Compensation Insurance, and shall fUrnish a Certificate of Insurance to the City before
execudon of the contract. The City of Tustin, its officers, or employees, will not be responsible
for an), claims in law or equity occasioned lay failure of the Contractor to comply with this
paragraph.
Contractor further agrees to require all subcontractors to carry VVorkers' Compensation Insurance as
required by the California Labor Code.
FRONTIER PARK/PINE TREE PARK RESTROOMS - CITY OF TUSTIN CONSTRUCTION CONTRACT -'6
7.8
Contractor shall comply with the provisions of Tustin City Code 4616. '~;pedfic Disturbing Noises
Prohibited'.
8.1
8.2
8.3
ARTICLE 8
I N S'I.J P,..,~uNl C E
The Contractor shall take out and maintain during the life of the Contract comprehensive automobile
and general liability insurance that provides protection from clairn.~ which may arise from operations
or performance under this Contract. The amount Of insurance shall not be less than the following:
Single limit coverage applyin[ to bodily and personal injury liability and prope,q¥ damage: $1.000. O00
The following endorsements must be indicated on all Certificates of Insurance:
8.1.1
The City. its elective and appointive boards, o,fficers, a[ents, employees, and project manager
are to be named as additional insured in the policy as to the work being performed under the
Contract.
8.1.2 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.
8.1.3 The policy covers blanket contractual liability.
8.1.4 The policy limits of liability are provided on an occurrence basis.
8.1.5
8.1.6
The policy covers broad form property.damage liability.
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The policy covers personal injury as well as bodily injury liability.
8.1.7 The policy covers explosion, collaps, e and underground hazards.
8.1.8
8.1.9
The policy covers products and completed operations.
The policy covers use of owned and nonowned automobiles.
8.1.10 The coverage can not be canceled nor materially altered unless thirty (30) days writ-ten notice
is first given to the City of Tustin.
The Contractor shall also take out and maintain during the life of the contract, Builder's All Risk
insurance in the contract amount.
Contractor shall, prior to commenting Ygoric, furnish the City with sati~actory proof of insurance
coverage as required on City's Certificate of Insurance, evidendng insurance from a company admitted
in the State of California. rated A or better and Class VII or higher by the late~t edition of Best's Key
Rating Guide.
FRONTIER PARK/PINE TREE PARK RF_STROOMS - CITY OF TUSTiN CONSTRUCTION CONTRACT - 7
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
ARTICLE 9
MISCELLANEOUS PROVISIONS
'It is' 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 Contractor, then this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
Gender and Number. Whenever the context of the Contract Documents so require, the neuter gender
shall include the feminine and masculine, the masculine gender shall include the feminine and neuter,
the singular number shall include the plural and the plural number shall include the singular.
Independent Contractor. In performing its obligations under this Contract, the Contractor shall be
deemed an independent contractor and not an agent or empioyee of the City of Tustin.
Partial Invalidity. If any term, covenant or condition of the Contract Documents, or the application
thereof to any persons or circumstances, shall to any extent be invalid or unenforceable, then the
remainder of the Contract, Documents or the application of the term, cOvenant or condition to persons
or circumstances other than those as to which it is held invalid or unenforceable shall not be affected
thereby, and each term, covenant and condition of the Contract Documents shall be valid and
enforceable to the fullest extent permitted by law.
Revival of Rights. Any indemnity, warranty or guaranty given by the Contract. or to the City with the
Contract Documents shall survive the expiration or termination of this Contract and shall be binding
upon Contractor until any action thereunder is barred by the applicable Statute of Limitations.
City. Representative. The City may designate from time to time by written notice to Contractor one or
more City Representatives or other parties to deal with Contractor on matters.pertaining to administration
of the provisions of the Contract Documents.
Only City-authorized signatory personnel shall have authority to approve Ch'ange Orders increasing or
decreasing the Contract Price, the scope of the Work, the time for performance of the Work on-the
Project or any other changes in the Contract Documents.
Entire A~ree_ment. The Contract Documents constitute the entire agreement between the parties hereto
with respect to the matters covered thereby. All prior negotiations, representations and agreements with
respect thereto not incorporated in such Contract Documents are deemed void ab initio. This Agreement
can be modified or amended only by a document duly executed on behalf of the parties hereto.
Confidentiali~ and Media Communications. Contractor shall treat all information, discussions, work
paper, drawings, memoranda, and all materials relating to the Project and all information supplied to
Contractor bythe City as proprietary information of the City and shall not permit its release to other
parties or make any public announcement or publicity releases without the City's written authorization,
and such information shall not be used or discussed by Contractor, except as required to complete the
Work, without the City's prior written approval. Contractor shall also require subcontractors and vendors
to comply with this requirement.
FRONTIER PARK/PINE TREE PARK RESTROOMS - CITY OF TUSTIN CONSTRUCTION CONTRACT - 8
9.9
Nondiscrimination. Contractor agrees that in the pen'ormance of its \~/ork under this Contract it will not
knowingly violate any a'pplicable laws or regulations prohibiting discrimination in employment.'
In \~/itness Whereof, the parties have hereunto set their hands and seals the year and date first above writlen. '
CITY OF TUSTIN
By:
Cih,, Representative
(SEAL)
·
CONTRACT AND BOND APPROVED:
City Attorney
APPROVED AS TO CONTENT:
A'FTEST:
Ci~ Engineer
City Clerk of the City of Tustin
Date
Date
Date
CONTRACTOR:
Firm Name:
By:,
(SEAL)
Title:
By:
Titie:
ATTACH NOTARY ACKNOWLEDGMENT FOR SIGNATURES OF CORPORATE OFFICER(S).
FRONTIER PARK/PINE TREE PARK RESTROOMS - CITY OF TUSTIN CONSTRUCTION CONTRACT - 9
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public works contract has
been awarded shall sign the following certificate and shall submit same to the City prior to performing any .work
on the contract.
"1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured
against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of
that Code, and I will comply with such provisions before commencing the performance of the work of this
contract."
Contractor
Title
Date
As it applies to ,a contractor, Section 3700 of the California Labor Code reads as follows:
"Every employer except the State shall secure payment compensation in one or more of the following ways:
(a)
By being insured against liability to pay compenSation in one or more insurers duly authorized to write
compensation insurance in this state.
(b)
By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an
individual employer, or as one employer in a group of employees, which maybe given upon furnishing
proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any
compensation that may become due to his or her other employees."
WORKER'S COMPENSATION INSURANCE CERTIFICATE TO BE SUBMI1-fED ~,~ITH CONTRA'CT
FRONTIER PARK/PINE TREE PARK RESTROOMS - CITY OF TUSTIN CONSTRUCTION CONTRACT - 15