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HomeMy WebLinkAboutRDA CT GYM 11-07-94 RDA NO. 3 11-7-94 Intor-Gom ~ATE: TO: FROM: SUBJECT: October 27, 1994 WILLIAM A. HUSTON, EXECUTIVE DIRECTOR, REDEVELOPMENT AGENCY COMMUNITY SERVICES/COMMUNITY DEVELOPMENT DEPARTMENT COLOMBUSTUSTINGY~NAS~H -AD~a~TISEMENTOF BIDS Authorize the advertisement of bids for miscellaneous office furnishings and athletic equipment for the columbus Tustin Gymnasium. Fiscal impact of furnishings and athletic equipment for the gymnasium will depend on quoted prices. Actual prices will be provided to the Agency prior to the award of contract. The cost estimate including tax and shipping is $40,000. BACKGROI]NDANDDISCUSSION: As the Agency is aware, construction of the Columbus Tustin Gymnasium is almost complete, substantial completion is scheduled for mid-November. Final acceptance could take place within 30 days. The Community Services Department has scheduled classes and activities to begin with the winter quarter. Winter classes begin the week of January 9, 1995. While some equipment from existing programs will be moved to the gymnasium, s~aff has prepared bid packages for new miscellaneous office furnishing and athletic equipment. Volleyball equipment to fit the sleeves provided by the contractor has already been purchased. Additional special items not included (color T.V. monitor, VCR, audio visual stand, and a sound system) will be purchased using standard bid procedures. The bidding period will remain open for 30 days. Staff will return to the agency after that time with actual price qRotations and a request for the authorization to purchase miscellaneous office furnishing and athletic equipment. Garyd~4agi'l 1 d ~ Recreation Supervisor Susan M. Jon~ Recreation Superintendent Attachments - Bid Packages for Cash Contract A. Miscellaneous Office Furnishings B. Miscellaneous Athletic Equipment BID PACKAGE FOR CASH CONTRACT MISCELLANEOUS OFFICE FURNISHINGS COLUMBUS TUSTIN GYMNASIUM City of Tustln Community Redevelopment Agency 300 Centennial Way Tustin, California 92680 NOVEMBER ?t 1994 TABLE OF CONTENTS Section 1 - Section 2 - Section 3 - Section 4 - Notice Inviting Bids General Provisions Proposal A. Bidder's Proposal B. Bidder's Bond C. Contract Specifications SECTION i SECTION 1 NOTICE INVITING BIDS THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, CALIFORNIA NOTICE IS HEREBY GIVEN that sealed bids will be received at the office of the City Clerk, Tustin City Hall, 300 Centennial Way, Tustin, California, 92680 until 10:00 A.M. on the 8th of December 1994, at which time they will be publicly opened and read, for the following: Miscellaneous Office Furnishings as specified for the Columbus Tustin Gymnasium. Bid package may be obtained by prospective bidders at the City Clerk's Office, Tustin City Hall, 300 Centennnial Way, Tustin, California, 92680. Work shall include complete purchasing, delivery and installation and all sales tax. The City of Tustin hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex or religion in any consideration leading to the award of contract. The Tustin Community Redevelopment Agency reserves the right to reject any or all bids, and/or to waive any minor irregularities on a bid. No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening thereof. Prior to bid opening, bidder may withdraw his bid. Bids received after the bid opening time and date stated herein will be returned to bidder unopened. In accordance with the provisions of Section 1773 of the California Labor Code, the general prevailing rate of per diem wages and holiday and overtime work in the locality for which the work is to be performed has been obtained by the City of Tustin from the Director of Industrial Relations, a copy of which is on file in the office of the City Engineer for the City of Tustin and will be made available to any interested workmen employed or engaged in the execution of this work. In conformance with Section 37931 of the Government Code, all bids shall be presented under sealed cover on the proposal form provided and each bid shall be accompanied by cash, cashier's check, or by a corporate security bond by an accredited surety on the form furnished by the City of Tustin as guarantee that the bidder will, if an award is made to him in accordance with the terms of his bid, promptly secure Workers' Compensation insurance and liability insurance, execute a contract in the required form and furnish satisfactory bonds for the faithful performance of the contract and for the payment of claims of materialmen and laborers thereunder. Said check or bidder's bond shall be in an amount of NOTICE INVITING BIDS - CONTINUED not less than ten percent (10%) of the amount of the bid. Only bonds issued by companies which are rated "A-" or better and Class II or better by the latest edition of "The Best Key Rating Guide to Property Casualty Companies," will be accepted. Failure to submit acceptable bonds will be cause.of rejection of bid. Should you have any questions regarding the bidding process, or content, contact Gary Magill, Recreation Supervisor, (714) 573- 3332. Ordered by the City Council on November 7, 1994, Mary E. Wynn, city Clerk. Publish: "Tustin News" November 10, 1994 November 17, 1994 SECTION 2 ~ENERAL PROVISIONS SECTION 2 MISCELLANEOUS OFFICE FUi~-NISHINGS COLUMBUS TUSTIN GYMNASIUM GENERAL PROVISIONS General Bids should include sales tax, delivery, freight and installation. Questions regarding the bidding process should be directed to Gary Magill, City of T~stin, (714) 573-3332. Estimated delivery date - between December 15 and January 16, 1995. Products List Along with bid, submit one products which are proposed samples. The list shall include the following Name and address of manufacturer Trade Name Model or catalog designation Manufacturer's data, performance and test data, manufacturer warranties Reference standards Color (1) copy of complete list of all for installation including color for each product: including any "Or Ec~al" and Reference to Trade Names Whenever in the specifications any materials or product is indicated or specified by patent or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating description of the material or product desired and shall be deemed to be followed by the words, "or equivalent." However, if the article offered by the contractor is not, in the opinion of the Agency Representative, equal to that specified, then the contractor must furnish the article specified, or one that in the opinion of the agency representative is the equal thereof in all essential characteristics. Incidental and ADDurtenant Work Ail items in the proposal form are considered as complete in place, including all incidental and appurtenant work and materials necessary for the satisfactory completion of the same. It is the intent of these specifications that the costs of all work shown on the drawings or specified, but not specifically included under a unit price or lump sum item, shall be considered as being included in the amounts bid for the various items in the Proposal Schedule. Full payment shall be considered as the price bid for the item of work and no additional compensation will be made for any incidental or appurtenant work and materials. Access Ail arrangements for access to the project over private property shall be the responsibility of the contractor at no cost to the City of Tustin. Safety Precautions The contractor shall take due precautions and shall exercise the same at all times to safeguard the general public, both adults and children, or any other person who may be right in or about said construction premises or who may, by trespass or otherwise, come upon said construction premises. It shall be the duty and responsibility of the Contractor to establish and maintain reasonable and safe precautions and safeguards protecting life and property in the construction area. Contractor's Responsibility for Work Except as provided above, until the formal acceptance of the work by the Agency, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance, and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal Government or public enemy. Responsibility of City The city of Tustin nor the Tustin Community Redevelopment Agency shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications. Payment Payment for work or materials performed or furnished by a contractor under a cash contract shall be paid in a lump sum upon acceptance and completion of the work as specified in the agreement. 2 The balance due on said contract, subject to all deductions from the contract price resulting from changes in the work, and subject to additions to the contract price resulting from changes in the work, when all suc~ changes are completed within the original time for completion of the contract, and in accordance with the Plans and Specifications, will be paid to the contractor on his written demand upon completion of the work covered by this contract, and certification of that fact having been made by the Agent or contractor and City Officer upon filing of a claim with the Agency as prescribed by the Code of said Agency, said final payment to be made 35 days from the date of the acceptance of said work and authorization of payment by the Agency in the event the time for completion, as specified in these specifications, is extended by Agency, as a result of changes in the work which caused additions to the contract price, the balance due on the contract work completed within the original time for completion may be claimed in accordance with the foregoing, and the balance due on the work included under such changes will be paid upon completion of such additional work and acceptance thereof within the provisions of the foregoing. It is mutually agreed by and between the parties to the contract that no certificate given or payment made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, and no payment shall be construed to be acceptance of any defective work or improper materials. The contractor further agrees that the payment of the final amount due under the contract, and the adjustment for payment of any work done in accordance with any alteration of the same, shall release the city of Tustin, Redevelopment Agency and all officers and employees thereof, as well as any other agency, officers, or employees working with the City of Tustin in respect to said contract, from any and all claims or liabilities on account of work performed under the contract or any alterations thereof. Chanqe Orders The Agency may require changes in, addition to, or deductions from the work. Adjustment, if any, in the amounts to be paid to the contractor by reason of any such change, addition, or addition shall be determined by a review of unit prices shown in the contractor's proposal without liability of any kind to the Agency. Ouantities Furnished to Bidders It is expressly understood that the quantities listed on the Bidder's Proposal are approximate, and only for the purpose of comparing bids submitted for the work, and may be increased or diminished. Payment shall be made only for the actual quantities included in the finished work and at prices stated in the bid. No payment shall be made for unauthorized work or material not shown on the plans or specified. Taxes No mention shall be made of Sales Tax or Use Tax, as all bid prices submitted will be considered as including such taxes. 4 SECTION 3 PROPOSAL 5 SECTION 3 PROPOSAL TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA CASH CONTRACT - MISCELLANEOUS OFFICE FURNISHINGS COLUMBUS TUSTIN GYMNASIUM Name of Bidder: Business Address: Phone Number: LOCATION The work to be done and referred to herein is in the City of Tustin and is to be constructed in accordance with the specifications and contract annexed hereto. The work to be done is identified as Cash-Contract Miscellaneous Office Furnishings, Columbus Tustin Gymnasium. TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY The undersigned, as bidder, declares that the only persons or parties interested in the proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of the contract, and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the Tustin Community Redevelopment Agency, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all work and furnish all materials specified in the contract, in the manner and time prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take payment therefore at the amount named in the following schedule: A-1 PROPOSAL SCMEDULE Manufacturers Item No. Description Z-] Folding Chair Z-2 Toddler Stacking Chair Z-3 Adjustable Folding Table Z-4 Folding Table Z-5 Wall Clock Z-6 Desk Chair Z-7 Discovery Carpet Z-8 Audio Visual Stand z-g Folding Table Cart Z-lO Folding Chair Cart Fotal contract price {Amount written in words) Total $ (in numbers) Quantity 48 3o 3 12 4 2 ] 1 1 1 unit Price Total Written in Words Price ACCOMPANYING THIS PROPOSAL IS (NOTICE: Insert the words "Cash ($ "Certified Check", or "Bidder's Bond", as amount equal to at least ten percent (10%) )", "Cashier's Ch~ck", the case may be in the of the total bid.) The names of all persons interested in the foregoing proposal as principals are as follows: The undersigned understands that the foregoing quantities are approximate only, being given as a basis for the comparison of bids and the City of Tustin Community Redevelopment Agency does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable and in the best interests of the City. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and to furnish the two bonds in the amounts required, with surety satisfactory to the City of Tustin, and the required Certificate of Insurance within ten (10) days, not including Saturdays, Sundays and legal holidays, after the date of the Notice of Award from the City of Tustin Redevelopment Agency may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Tustin. The undersigned bidder hereby acknowledges that he/she understands the bonding requirements of the City of Tustin Redevelopment Agency which, per City Code, states that the surety company must be rated Grade A and Class IV, or better, in the latest edition of Best's Key Rating Guide. A-3 IMPORTANT NOTICE: If the bidder or other interested person is a corporation, state legal name of corporation and names of the president~ secretary, treasurer, an~ manager thereof; if a co- partnership, state true name of firm and names ~f all individual co-partners composing firm; if the bidder or other interested person is an individual, state first and last names in full. Signed: Title: Date: NOTE: If the bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if the bidder is a co-partnership the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if the bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a co- partnership, a Power of Attorney must be on file with the City of Tustin prior to the opening of bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and nauthorized. Business Address A-4 BIDDER BOND CITY OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY STATE OF CALIFOP.NIA KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, are held and firmly bound unto the City of Tustin Redevelopment Agency, hereinafter called the AGENCY, in the penal SUM OF TWELVE PERCENT (12%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Tustin for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above-mentioned bid to the City of Tustin Community Redevelopment Agency for certain construction specifically described as follows, for which bids are to be opened at Tustin, California at on For: Col,,mhus Tustin Gymnasium Project No. 590-400-9999-9530-400029 NOW, THEREFORE, if the aforesaid Principal is awarded the contract; and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds satisfactory to the Redevelopment Agency, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court. B-1 The Surety, for the value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by an extension of the time within which the City of Tustin Redevelopment Agency may accept such a proposal; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the above-mentioned parties have executed this instrument under their several seals this day of , 19 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ATTEST: (Principal) (Address) (By) (Title) ATTEST: (Surety) (Address) (Title) (To be filled in by Surety): The rate of premium on this bond is $ thousand. The total amount of premium charged is $ per NOTE: Signatures of acknowledged. those executing for the surety must be properly B-2 CONTRACTOR LICENSE AFFIDAVIT State Of county of says that he or she is , being first duly sworn, deposes and of (Name) (Title) (Firm) ' the party making the foregoing bid, is a licensed contractor and understands the information shown below shall be included with the bid and understands that any bid not containing this information, or if this information is subsequently proven to be false shall be considered non-responsive and shall be rejected by the City of Tustin. (State License Number & ClassifiCation) (License Expiration Date) I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Subscribed at: (City (County) (State) oB , 19 (Date) NOTARY TO AFFIX SEAL AND CERTIFICATE OF ACKNOWLEDGEMENT (Signature) (State License Number and Classification) (Address) (City) (State) (Zip Code) _( ) (Telephone) B-3 SECTION 3 'CASH CONTRACT - MISCELLANEOUS OFFICE FURNISHINGS COLUMBUS TUSTIN GYMNASIUM C. CASH CONTRACT THIS AGREEMENT, made and entered into this day of , 19 , by and between the Tustin Community Redevelopment Agency, OWNER, a public entity, hereinafter referred to as "AGENCY" and hereinafter referred to as "CONTRACTOR". ' WITNESSETH: That the AGENCY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: ARTICLE I CONTRACT DOCUMENTS 1.1 The complete contract between Owner and Contractor with regards to the subject matter includes all of the contract documents which are incorporated herein by this reference, to wit. 1.1.1 This Agreement. 1.1.2 Cash Contract - Miscellaneous Office Furnishings Columbus Tustin Gymnasium Bid Package, dated November 7, 1994. 1.1.3 Specifications and details for Miscellaneous Office Furnishings - Columbus Tustin Gymnasium. 2.1 ARTICLE 2 DESCRIPTION OF THE WORK CONTRACTOR, at his own proper cost and expense, shall perform everything required to be performed and shall provide and furnish all materials, equipment, labor, transportation, tools, appliances, services and incidentals as and when required for or in connection with the initial purchase, storage, and delivery installment of the 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 "Work"). C-1 2.2 PROJECT: 2.2.1 2.2.2 2.2.3 Title Cash Contract Furhishings - Bid Package - Miscellaneous Office Columbus Tustin Gymnasium Location: 17522 Beneta Way, Tustin, CA 92680 ~k~--~: Ail labor, materials, tools, and equipment necessary for purchase, storage, delivery and installation of gymnasium furnishings shown in the Specifications and Details and set forth in the Bid Package. 3.1 3.2 3.3 3.4 3.5 ARTICLE 3 THE CONTRACTOR'S DUTIES AND STATUS CONTRACTOR accepts the relationship of trust and confidence established between it and the Agency by this Agreement. Contractor covenants with the Agency to furnish its best skill and judgment and to cooperate with the Agency in furthering the interests of the Agency. Contractor agrees to furnish efficient business administration and superintendence and to use its best efforts to furnish at all times an adequate supply of workmen 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 Agency. 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 his own cost and expense. All work and materials shall be installed 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 connection therewith shall be new and approved by Agency. Contractor shall provide competent supervision of the Work and shall cause the Work to be performed in strict and complete accordance with the Specifications and all things indicated or reasonably inferable therefrom by a contractor of Contractor,s experience and expertise. Agency hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein C-2 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. 4.1 ARTICLE 4 Time is of the essence of 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 Agreement. It is, therefore, agreed that Contractor will pay as liquidated damages to the Agency the following sum: One hundred dollars ($100.00) 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 Agency, the Agency may deduct the amount thereof from any money due or that may become due the Contractor under this Agreement in addition to any other remedy available to City. 5.1 5.2 5.3 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 following contract price shown on Page A-2 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 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 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 specifications. AGENCY agrees to make final payment in accordance with the method set forth in the contract documents. Contractor shall submit Applications for Payment of the Contract Price in accordance with the General Conditions and Specifications. Agency shall review and either approve or C-3 reject such applications as provided in the General Conditions. Following Agency's written approval of a Final Application for payment submitted by Contractor pursuant to the General Conditions and Specifications, but not less than thirty-five (35) days following the recordation of a Notice of Completion with respect to the Work, Agency shall pay the remainder of the Contract Price to Contractor, less retentions as Agency shall determine in accordance with the General Conditions and Specifications. 6.1 ARTICLE 6 INDEMNIFICATION The Contractor shall defend, indemnify and save harmless the City of Tustin Redevelopment Agency and, as appointed representatives, 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 willful 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 Redevelopment Agency or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin Redevelopment Agency, defend any litigation arising out of such claims at the sole cost and expense of Contractor, exclusive of liquidated damages should the situation occur. 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 Redevelopment Agency may be retained by the C-4 7.1 7.2 7.3 7.4 7.5 7.6 Agency until disposition has been made of such claims for damages as aforesaid. ARTICLE 7 LABOR RELATIONS That the CONTRACTOR will pay, and will require all subcon- tractors to pay, all employees on said work a salary or wage at least equal to the prevailing salary 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 on file in the office of the city Clerk of the city of Tustin. Travel an subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CITY OF TUSTIN and 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 city Engineer. 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. The Contractor, shall, as a penalty to the Agency, 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 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. Section 1773.8 of the Labor Cods of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. 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. 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 C-5 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 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 calendar week by each worker employed by Contractor in connection with the public Work. 7.7 That the Contractor will comply with the provisions of Labor Code Section 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. 7.8 Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time paid to each journeyman, apprentice or worker employed by him in connectionwith 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 Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq, in general. 7.9 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. Contractor, by executing this Agreement, hereby certifies: "I am aware of, and will comply with, Section 3700 of the Labor Code by securing payment for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Agency before execution of the contract. The City of Tustin, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 7.10 Contractor will comply with Tustin City Code 4616, specific Disturbing Noises Prohibited. C-6 ARTICLE 8 8.1 8.2 8.3 8.4 8.5 8.6 8.7 MISCELI&~NEOUS 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 Agreement, the Contractor shall be deemed an independent contractor and not an agent or employee of the Agency or 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. Survival of Riqhts. Any indemnity, warranty or guaranty given by the Contractor to Agency 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. A~encv Representative. Agency may designate from time to time by written notice to Contractor one or more Agency Representatives or other parties to deal with Contractor on matters pertaining to administration of the provisions of the Contract Documents. Only Agency authorized signatory personnel shall have authority to approve Change 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 Aqreement. The Contract Documents constitute the entire agreement between the parties hereto with respect to the matters covered thereby. All prior negotiations, C-7 8.9 8.10 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 b~ a document duly executed on behalf of the~parties hereto. Confidentiality 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 by Agency as proprietary information of Agency and shall not permit its release to other parties or make any public announcement or publicity releases without Agency's written authorization, and such information shall not be used or discussed by Contractor, except as required to complete the Work, without Agency's prior written approval. Contractor shall also require subcontractors and'vendors to comply with this requirement. Nondiscrimination. Contractor agrees that in the performance of its Work under this Agreement it will not knowingly violate any applicable laws or regulations prohibiting discrimination in employment. In Witness Whereof, the parties have hereunto set their hands and seals the year and date first above written. TUSTIN COMMUNITY REDEVELOPMENT AGENCY BY: (Seal) Chairman Community Redevelopment Agency CONTRACT AND BOND APPROVED: City Attorney Date ATTEST: City Clerk of the City of Tustin CONTRACTOR: Firm Name: Date (Seal) C-8 BY: TITLE: ATTACH NOTARY OFFICER(S). BY: TITLE: ACKNOWLEDGEMENT FOR SIGNATURES OF CORPORATE C-9 SECTION 4 Item N~ber Z-1 Z-2 Z-3 Z-4 Z-5 Z-6 Z-7 Z-8 Z-9 Z-10 SECTION 4 FURNISHING SPECIFICATION INDEX Manufacturinq/Desoription Folding Chair Toddler Stacking Chair Adjustable Folding Table Folding Table Wall Clock Desk Chair Discovery Carpet Audio Visual Stand Folding Table Cart Folding Chair Cart C-11 BID PACKAGE FOR CASH CONTRACT MISCELI~a_NEOUS ATHLETIC EQUIPMENT COLUMBUS TUSTIN GYMNASIUM City of Tustin Community Redevelopment Agency 300 Centennial Way Tustin, California 92680 NOVEMBER 7~ 1994 TABLE OF CONTENTS Section 1 - Section 2 - Section 3 Section 4 - Notice Inviting Bids General Provisions Proposal A. Bidder's Proposal B. Bidder's Bond C. Contract Specifications SECTION I SECTION 1 NOTICE INVITING BIDS THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, CALIFORNIA NOTICE IS HEREBY GIVEN that sealed bids will be received at the office of the City Clerk, Tustin City Hall, 300 Centennial Way, Tustin, California, 92680 until 10:00 A.M. on the 8th of December 1994, at which time they will be publicly opened and read, for the following: Miscellaneous Athletic Equipment as specified for the Columbus Tustin Gymnasium. Bid package may be obtained by prospective bidders at the City Clerk's office, Tustin City Hall, 300 Centennnial Way, Tustin, California, 92680. Work shall include complete purchasing, delivery and installation and all sales tax. The City of Tustin hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex or religion in any consideration leading to the award of contract. The Tustin Community Redevelopment Agency reserves the right to reject any or all bids, and/or to waive any minor irregularities on a bid. No bidder, may withdraw his bid for a period of thirty (30) days after the date set for the opening thereof. Prior to bid opening, bidder may Qithdraw his bid. Bids received after the bid opening time and date stated herein will be returned to bidder unopened. In accordance with the provisions of Section 1773 of the California Labor Code, the general prevailing rate of per diem wages and holiday and overtime work in the locality for which the work is to be performed has been obtained by the City of Tustin from the Director of Industrial Relations, a copy of which is on file in the office of the City Engineer for the City of Tustin and will be made available to any interested workmen employed or engaged in the execution of this work. In conformance with Section 37931 of the Government Code, all bids shall be presented under sealed cover on the proposal form provided and each bid shall be accompanied by cash, cashier's check, or by a corporate security bond by an accredited surety on the form furnished by the City of Tustin as guarantee that the bidder will, if an award is made to him in accordance with the terms of his bid, promptly secure Workers' Compensation insurance and liability insurance, execute a contract in the required form and furnish satisfactory bonds for the faithful performance of the contract and for the payment of claims of materialmen and laborers thereunder. Said check or bidder's bond shall be in an amount of NOTICE INVITING BIDS - CONTINUED not less than ten percent (10%) of the amount of the bid. Only bonds issued by companies which are rated "A-" or better and Class II or better by the latest edition of "The Best Key Rating Guide to Property Casualty Companies," will be accepted. Failure to submit acceptable bonds will be cause of rejection of bid. Should you have any questions regarding the bidding process, or content, contact Gary Magill, Recreation Supervisor, (714) 573- 3332. Ordered by the City Council on November 7, 1994, Mary E. Wynn, City Clerk. Publish: "Tustin NeWs'' November 10, 1994 November 17, 1994 SECTION 2 GENERAL PROVISIONS SECTION 2 MISCELLANEOUS ATHLETIC EQUIPMENT COLUMBUS~TUSTIN GYMNASIUM GENERAL PROVISIONS General Bids should include sales tax, delivery, freight and installation. Questions regarding the bidding process should be directed to Gary Magill, City of Tustin, (714) 573-3332. Estimated delivery date - between December 15 and January 16, 1995. Products List Along with bid, submit one (1) copy of complete list of all products which are proposed for installation including color samples. The list shall include the following for each product: Name and address of manufacturer Trade Name Model or catalog designation Manufacturer's data, performance and test data, manufacturer warranties Reference standards Color including any "Or Equal" and Reference to Trade Names Whenever in the specifications any materials or product is indicated or specified by patent or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating description of the material or product desired and shall be deemed to be followed by the words, "or equivalent." However, if the article offered by the contractor is not, in the opinion of the Agency Representative, equal to that specified, then the contractor must furnish the article specified, or one that in the opinion of the agency representative is the equal thereof in all essential characteristics. Incidental and Appurtenant Work Ail items in the proposal form are considered as complete in place, including all incidental and appurtenant work and materials necessary for the satisfactory completion of the same. It is the intent of these specifications that the costs of all work shown on the drawings or specified, but not specifically included under a unit price or lump sum item, shall be considered as being included in the amounts bid for the various items in the Proposal Schedule. Full payment shall be considered as the price bid for the item of work and no additional compensation will be made for any incidental or appurtenant work and materials. Access Ail arrangements for access to the project over private property shall be the responsibility of the contractor at no cost to the City of Tustin. Safety Precautions The contractor shall take due precautions and shall exercise the same at all times to safeguard the general public, both adults and children, or any other person who may be right in or about said construction premises or who may, by trespass or otherwise, come upon said construction premises. It shall be the duty and responsibility of the Contractor to establish and maintain reasonable and safe precautions and safeguards protecting life and property in the construction area. Contractor's Responsibility for Work Except as provided above, until the formal acceptance of the work by the Agency, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance, and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal Government or public enemy. Responsibility of City The City of Tustin nor the Tustin Community Redevelopment Agency shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications. Payment Payment for work or materials performed or furnished by a contractor under a cash contract shall be paid in a lump sum upon acceptance and completion of the work as specified in the agreement. 2 The balance due on said contract, subject to all deductions from the contract price resulting from changes in the work, and subject to additions to the contract price resulting from changes in the ~ work, when all such changes are completed within the original time for completion of the contract, and in accordance with the Plans and Specifications, will be paid to the contractor on his written demand upon completion of the work covered by this contract, and certification of that fact having been made by the Agent or contractor and City Officer upon filing of a claim with the Agency as prescribed by the Code of said Agency, said final payment to be made 35 days from the date of the acceptance of said work and authorization of payment by the Agency in the event the time for completion, as specified in these specifications, is extended by Agency, as a result of changes in the work which caused additions to the contract price, the balance due on the contract work completed within the original time for completion may be claimed in accordance with the foregoing, and the balance due on the work included under such changes will be paid upon completion of such additional work and acceptance thereof within the provisions of the foregoing. It is mutually agreed by and between the parties to the contract that no certificate given or payment made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, and no payment shall be construed to be acceptance of any defective work or improper materials. The contractor further agrees that the payment of the final amount due under the contract, and the adjustment for payment of any work done in ~ccordance with any alteration of the same, shall release the City of Tustin, Redevelopment Agency and all officers and employees thereof, as well as any other agency, officers, or employees working with the City of Tustin in respect to said contract, from any and all claims or liabilities on account of work performed under the contract or any alterations thereof. Chanqe Orders The Agency may require changes in, addition to, or deductions from the work. Adjustment, if any, in the amounts to be paid to the contractor by reason of any such change, addition, or addition shall be determined by a review of unit prices shown in the contractor's proposal without liability of any kind to the Agency. Ouantities Furnished to Bidders It is expressly understood that the quantities listed on the Bidder's Proposal are approximate, and only for the purpose of comparing bids submitted for the work, and may be increased or diminished. Payment shall be made only for the actual quantities included in the finished work and at prices stated in the bid. No 3 payment shall be made for unauthorized work or material not shown on the plans or specified. Taxes No mention shall be made of Sales Tax or Use Tax, as all bid prices submitted will be considered as including such taxes. 4 SECTION 3 PROPOSAL 5 SECTION 3 PROPOSAL TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA CASH CONTRACT - MISCELLANEOUS ATHLETIC EQUIPMENT COLUMBUS TUSTIN GYMNASIUM Name of Bidder: Business Address} Phone Number: LOCATION The work to be done and referred to herein is in the City of Tustin and is to be constructed in accordance with the specifications and contract annexed hereto. The work to be done is identified as Cash-Contract Miscellaneous Athletic Equipment, Columbus Tustin Gymnasium. TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY The undersigned, as bidder, declares that the only persons or parties interested in the proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of the contract, and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the Tustin Community Redevelopment Agency, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all work and furnish all materials specified in the contract, in the manner and time prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take payment therefore at the amount named in the following schedule: Item No. Y-6 Uneven Parallel Y-7 Pommel Horse Y-8 Wall Pads Y-9 Floor Y-lO Y-11 Y-12 Y-13 Y-14 Y-15 Y-16 Y-17 Manufacturers Description Y-! Cylindrical Tumbler Y-2 Folding Downhill Mat Y-3 Downhill Mat Y-4'Foam Vaulting Box Y-5 Folding Training Pit Bars Y-18 Y-19 Y-20 Y-21 Y-22 Y-23 Y-24 Covering Flooor Covering Cart Foosball Table Table Tennis Table Portable Storage Cabinet Volleyball Official Basketball Intermediate Basketball Flip Scoreboard Portable Ball Locker Technora Volleyball Net Net Antennae Officials Stand Mats Picnic Table Picnic Table PROPOSAL SCHEDULE Quantity 1 ] 1' ! 2 1 ! !4 3 ! ! 2 1 12 24 12 2 2 3 4 1 20 3 Unit Price Total Written in Words Price ~'otal contract price (Amount written in words) Total $ (in numbers) =OOE OF TUST N OEVELOP A RNC STATE OF CALIFORNIA KI~OW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, are held and firmly bound unto the City of Tustin Redevelopment Agency, hereinafter called the AGENCY, in the penal SUM OF TWELVE PERCENT (12%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Tustin for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above-mentioned bid to the City of Tustin Community Redevelopment Agency for certain construction specifically described as follows, for which bids are to be opened at Tustin, California at on For: Co11~m}%uB Tustin Gymnasium Project No. 590-400-9999-9530-400029 NOW, THEREFORE, if the aforesaid Principal is awarded the contract; and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds satisfactory to the Redevelopment Agency, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court. B-1 The Surety, for the value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by an extension of the time within which the City of Tustin Redevelopment Agency may accept such a proposal; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the above-mentioned parties have executed this instrument under their several seals this day of , 19__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ATTEST: (Principal) (Address) (By) (Title) ATTEST: (Surety) (Address) (By) (Title) (To be filled in by Surety): The rate of premium on this bond is $ per thousand. The total amount of premium charged is $ NOTE: Signatures of those executing for the surety must be properly acknowledged. B-2 CONTRACTOR LICENSE AFFIDAVIT State of County of says that he or she is , being first duly sworn, deposes and of (Name) (Title) (Firm) ' the party making the foregoing bid, is a licensed contractor and understands the information shown below shall be included with the bid and understands that any bid not containing this information, or if this information is subsequently proven to be false shall be considered non-responsive and shall be rejected by the City of Tustin. (State License Number & Classification) (License Expiration Date) I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Subscribed at: (City (County) (State) on , 19 (Date) NOTARY TO AFFIX SEAL AND CERTIFICATE OF ACKNOWLEDGEMENT (Signature) (State License Number and Classification) (Address) (City) (State) (Zip Code) (Telephone) B-3 SECTION 3 CASH CONTRACT - MISCELLANEOUS ATHLETIC EQUIPMENT COLUMBUS TUSTIN GYMNASIUM C. CASH CONTRACT THIS AGREEMENT, made and entered into this day of , 19 , by and between theTustin Community RedeveloPment Agency, OWNER, a public entity, hereinafter referred to as "AGENCY" and , hereinafter referred to as "CONTRACTOR,,. That the AGENCY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: ARTICLE I CONTRACT DOCUMENTS 1.1 The complete contract between Owner and Contractor with regards to the subject matter includes all of the contract documents which are incorporated herein by this reference, to wit. 1.1.1 This Agreement. 1.1.2 Cash Contract Miscellaneous Athletic Equipment - Columbus Tustin Gymnasium Bid Package, dated November 7, 1994. 1.1.3 Specifications and details for Miscellaneous Equipment - Columbus Tustin Gymnasium. Athletic 2.1 ARTICLE 2 DESCRIPTION OF THE WORK CONTRACTOR, at his own proper cost and expense, shall perform everything required to be performed and shall provide and furnish all materials, equipment, labor, transportation, tools, appliances, services and incidentals as and when required for or in connection with the initial purchase, storage, and delivery installment of the 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 "Work"). C-1 2.2 PROJECT: 2.2.1 2.2.2 2.2.3 Title: Location: Cash Contract - Miscellaneous Athletic Equipment - Columbus Tustin Gymnasium Bid Package 17522 Beneta Way, Tustin, CA 92680 ScoDe of Work: Ail labor, materials, tools, and equipment necessary for purchase, storage, delivery and installation of Athletic Equipment shown in the Specifications and Details and set forth in the Bid Package. 3.1 3.2 3.3 3.4 3.5 ARTICLE 3 THE CONTRACTOR'S DUTIES AND ETATU$ CONTRACTOR accepts the relationship of trust and confidence established between it and the Agency by this Agreement. Contractor covenants with the Agency to furnish its best skill and judgment and to cooperate with the Agency in furthering the interests of the Agency. Contractor agrees to furnish efficient business administration and superintendence and to use its best efforts to furnish at all times an adequate supply of workmen and materials, and to perform the Work in the best way and ir the most expeditious and economical manner consistent with the interests of the Agency. 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 his own cost and expense. All work and materials shall be installed 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 connection therewith shall be new and approved by Agency. Contractor shall provide competent supervision of the Work and shall cause the Work to be performed in strict and complete accordance with the Specifications and all things indicated or reasonably inferable therefrom by a contractor of Contractor's experience and expertise. Agency hereby promises and agrees with Contractor to employ and does hereby employ 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 C-2 4.1 said parties for themselves, their~heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. ARTICLE 4 Time is of the essence of 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 Agreement. It is, therefore, agreed that Contractor will pay as liquidated damages to the Agency the following sum: One Hundred Dollars (100.00) per day) 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 Agency, the Agency may deduct the amount thereof from any money due or that may become due the Contractor under this Agreement in addition to any other remedy available to City. 5.2 5.3 5.4 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 following contract price shown on Page A-3 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 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 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 specifications. AGENCY agrees to make final payment in accordance with the method set forth in the contract documents. Contractor shall submit Applications for Payment of the Contract Price in accordance with the General Conditions and Specifications. Agency shall review and either approve or reject such applications as provided in the General Conditions. Following Agency's written approval of a Final Application for payment submitted by Contractor pursuant to the General Conditions and C-3 Specifications, but not less than thirty-five (35) days following the recordation of a Notice of Completion with respect to the Work, Agency shall pay the remainder of the Contract Price to Contractor, less retentions as Agency shall determine in accordance with the General Conditions and Specifications. 6.1 ARTICLE 6 INDEMNIFICATION The Contractor shall defend, indemnify and save harmless the City of Tustin Redevelopment Agency and, as appointed representatives, 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 fina. 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 willful 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 Redevelopment Agency or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin Redevelopment Agency, defend any litigation arising out of such claims at the sole cost and expense of Contractor, exclusive of liquidated damages should the situation occur. 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 Redevelopment Agency may be retained by the C-4 Agency until disposition has been made of such ~Claims for 'damages as aforesaid. 7.1 7.2 7.3 7.4 7.5 7.6 ARTICLE 7 LABOR RELATIONS That the CONTRACTOR will pay, and will require all subcon-tractors to pay, all employees on said work a salary or wage at least equal to the prevailing salary 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 on file in the office of the City Clerk of the City of Tustin. Travel an subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CITY OF TUSTIN and 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 City Engineer. 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. The Contractor, shall, as a penalty to the Agency, 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 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. 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. 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. 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 C-5 Of this contract!by Contrac%or 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 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 calendar week by each worker employed by Contractor in connection with the public Work. 7.7 That the Contractor will comply with the provisions of Labor Code Section 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. 7.8 Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time paid to each journeyman, apprentice or worker employed by him in connectionwith 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 Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq, in general. 7.9 Contractor is also aware of the provisions of Section 3700 of the Labo~ Code which requires every employer to be insured against liability fo~ 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. Contractor, by executing this Agreement, hereby certifies: "I am aware of, and will comply with, Section 3700 of the Labor Code by securing payment for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Agency before execution of the contract. The City of Tustin, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to Workers' Compensation Insurance State of California. require all subcontractors to carry as required by the Labor Code of the 7.10 Contractor will comply with Tustin City Code 4616, specific Disturbing Noises Prohibited. C-6 8.1 8.2 8.3 8.4 8.5 8.6 8.7 ARTICLE 8 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 Agreement, the Contractor shall be deemed an independent contractor and not an agent or employee of the Agency or 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. Survival of Riqhts. Any indemnity, warranty or guaranty given by the Contractor to Agency 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. Aaencv RePresentative. Agency may designate from time to time by written notice to Contractor one or more Agency Representatives or other parties to deal with Contractor on matters pertaining to administration of the provisions of the Contract Documents. Only Agency authorized signatory personnel shall have authority to approve Change 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 Agreement. 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 C-7 8.9 8.10 document duly executed on behalf Of the parties hereto. Confidentiality and Media Communications. Contractor shall treat all information, discussions, work papers, drawings, memoranda, and all materials relating to the Project and all information supplied to Contractor by Agency as proprietary information of Agency and shall not permit its release to other parties or make any public announcement or publicity releases without Agency's written authorization, and such information shall not be used or discussed by Contractor, except as required to complete the Work, without Agency's prior written approval. Contractor shall also require subcontractors and vendors to comply with this requirement. Nondiscrimination. Contractor agrees that in the performance of its Work under this Agreement it will not knowingly violate any applicable laws or regulations prohibiting discrimination in employment. In Witness Whereof, the parties have hereunto set their hands and seals the year and date first above written. TUSTIN COMMI3NITY REDEVELOPMENT AGENCY BY: (Seal) Chairman Community Redevelopment Agency CONTRACT AND BOND APPROVED: City Attorney Date ATTEST: City Clerk of the City of Tustin CONTRACTOR: Firm Name: Date BY: (Seal) C-8 TITLE: BY: TITLE: ATTACH NOTARY ACKNOWLEDGEMENT FOR SIGNATURES OF CORPORATE OFFICER(S). C-9 SECTION 4 Item Number Y-1 Y-2 Y-3 Y-4 Y-5 Y-6 Y-7 Y-8 Y-9 Y-10 Y-11 Y-12 Y-13 Y-14 Y-15 Y-16 Y-17 Y-18 Y-19 Y-20 SECTION 4 FURNISHING SPECIFICATION INDEX Manufacturinq/DescriDtion Cylindrical Tumbler Folding Downhill Mat Downhill Mat Foam Vaulting Box Folding Training Pit Uneven Parallel Bars Pommel Horse Wall Pads Floor Covering Flooor Covering Cart Foosball Table Table Tennis Table Portable Storage Cabinet Volleyball Official Basketball Intermediate Basketball Flip Scoreboard Portable Ball Locker Technora Volleyball Net Net Antennae C-ll Y-21 Y-22 Y-23 Y-24 Officials Stand Mats Picnic Table Picnic Table C-12