HomeMy WebLinkAboutC35010 - New Plygrnd Surfaces 4 Freedom Prk 924-16Contract No. C35010
CITY OF PALM DESERT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C35010 FOR THE NEW PLAYGROUND
SURFACES FOR FREEDOM PARK AND HOVLEY SOCCER PARK
TO T.J. JANCA CONSTRUCTION, INC., IN THE AMOUNT OF
$68,575.00 (PROJECT NO. 924-16)
SUBMITTED BY
CONTRACTOR
197_119:I
CONTENTS
Recommendation
Mark Greenwood, P.E., Director of Public Works
T.J. Janca Construction, Inc.
2328 N. Batavia Street, #105
Orange, CA 92865
March 10, 2016
Agreement and Bonds
Contractor's Bid
Vicinity Maps
By Minute Motion, the City Council:
1. Award Contract No. C35010 for the New Playground Surfaces for
Freedom Park and Hovley Soccer Park to T.J. Janca Construction,
Inc., of Orange, California, in the total amount of $68,575.00 (Project
No. 924-16);
2. Authorize the Director of Finance to set aside an additional 10 percent
contingency in the total amount of $6,857.50;
3. Appropriate $6,857.50 from unobligated Park Fund Reserve funds;
and
4. Authorize the Mayor to execute the agreement.
Following appropriation, funds are available in Account No. 4304618-4400100, Park
Funds Reserve.
Background
The poured in place rubber surfaces at the west playground at Freedom Park and at the
west playground at Hovley Soccer Park are losing their impact attenuation. Regular
preventative maintenance is necessary to maintain the playground surfaces in a safe
condition, and they have now both deteriorated to the point that the surfaces need to be
replaced.
Staff Report
Award Contract No. C35010 for New Playground Surfaces at Freedom Park and Hovley Soccer
Park
Page 2 of 2
March 10, 2016
On February 4, 2016, the project was advertised for bid and on February 26, 2016, bids
were opened and read aloud with the following results:
Contractor
T.J. Janca Construction, Inc.
Playmax Surfacing, Inc.
Pacific Tennis Courts, Inc.
Fiscal Analysis
Location
Orange, CA
$ 68,575.00 l
Corona, CA
$106,411.00
Moorpark, CA
$111,000.00
There is no fiscal impact beyond the cost of replacing the park shelter.
Prepared y:
Randy hav, , LPI)dscape Supervisor
OaAl�
Paul S. Gibson, Director of Finance
roval:
n M. Wohlmuth
Manager
Depa nt a
Mark Gre nw od, P.E.
Director f Ptblic Works
CONTRACT NO. C35010
AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of March, 2016, by
and between City of Palm Desert, California, hereafter called "CITY" and T.J. Janca
Construction, Inc., hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. NEW PLAYGROUND SURFACES FOR FREEDOM PARK AND HOVLEY
SOCCER PARK, Project No. 924-16, Contract No. C35010, in strict
accordance with the Contract Documents identified below, CITY has accepted
said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and
found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Bid to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (1) Addenda Nos. 1 & 2; (m) Any Change Orders
issued; (n) Any additional or supplemental specifications, notices, instructions
and drawings issued in accordance with the provisions of the Contract
Documents. All of said Documents presently in existence are by this reference
incorporated herein as if here set forth in full and upon the proper issuance of
their documents they shall likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
CONTRACT NO. C35010
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
C. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the
Standard Specifications and is hereby amended to substitute the "City of
Palm Desert" in place of "Agency." Liquidated damages shall be $500.00
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
CONTRACT NO. C35010
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
1 am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's 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."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
Signature to be notarized
TITLE:
CITY:
BY:
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES
CITY ATTORNEY
CONTRACT NO. C35010
CONTRACTOR ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
) ss.
County of )
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
CONTRACT NO. C35010
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS
awarded to T.J. Janca Construction, Inc.,
contract for:
That whereas the City of Palm Desert has
hereinafter designated as the "Principal", a
NEW PLAYGROUND SURFACES FOR
FREEDOM PARK AND HOVLEY SOCCER PARK
PROJECT NO. 924-16
CONTRACT NO. C35010
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, T.J. Janca Construction, Inc., the Principal, and
as Surety, are held
and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal
sum of Sixty-eight Thousand Five Hundred Seventy-five and 00/100 Dollars
($68,575.00), being 100% of the contract amount in lawful money of the United States
of America for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Page 1
CONTRACT NO. C35010
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 20
SURETY
WV
PRINCIPAL
I1-ya
(Signature must be notarized) (Signature must be notarized)
Name:
Address:
City/State/Zip Code:
Telephone No.:
INSURANCE COMPANY and/or AGENT
Page 2
CONTRACT NO. C35010
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
SURETY ACKNOWLEDGEMENT
State of California )
) ss.
County of )
On before me, ,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Page 3
CONTRACT NO. C35010
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
PRINCIPAL ACKNOWLEDGEMENT
State of California )
) ss.
County of )
On before me, ,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Page 4
CONTRACT NO. C35010
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to T.J. Janca Construction, Inc., (hereinafter designated as the
"CONTRACTOR"), an agreement dated March 10, 2016, described as follows: NEW
PLAYGROUND SURFACES FOR FREEDOM PARK AND HOVLEY SOCCER PARK,
Project No. 924-16, Contract No. C35010, (hereinafter referred to as the "Contract");
and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, T.J. Janca Construction, Inc., the undersigned
CONTRACTOR, as Principal, and
a corporation organized and existing under the laws of the State of
, and duly authorized to transact business under the laws of the State of
California, as Surety, are held and firmly bound unto the City of Palm Desert and to any
and all persons, companies or corporations entitled to file stop payment notices under
Section 9100 of the California Civil Code, in the sum of Sixty-eight Thousand Five
Hundred Seventy-five and 00/100 Dollars ($68,575.00), said sum being not less than
one hundred percent (100%) of the total amount payable by the said Obligee under the
terms of the said Contract, for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 9100 et seq. of the Civil Code, or for any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal
Revenue Service from the wages of employees of the CONTRACTOR or his or its
Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not
exceeding the sum specified in this bond, otherwise the above obligation shall be void.
In addition to the provisions herein above, it is agreed that this bond will inure to the
benefit of any and all persons, companies and corporations entitled to serve stop
payment notices under Section 9100 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
Page 5
CONTRACT NO. C35010
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR:
(Typed Name of Principal/Contractor)
(Signature)
(Signature to be Notarized)
(Typed Name and Title)
SURETY:
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Signature to be Notarized)
(Typed Name of Attorney -in -Fact)
The rate of premium on this bond is $ per thousand
The total amount of premium charged: $
(the above must be filled in by corporate surety)
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Surety Agent or Representative for service
process in California if different than Surety
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
Page 6
CONTRACT NO. C35010
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
PRINCIPAL/CONTRACTOR ACKNOWLEDGEMENT
State of California )
) ss.
County of )
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Page 7
CONTRACT NO. C35010
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
SURETY ACKNOWLEDGEMENT
State of California )
) ss.
County of )
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Page 8
C - CONTRACTOR'S BID
NEW PLAYGROUND SURFACES FOR
FREEDOM PARK AND HOVLEY SOCCER PARK
PROJECT NO.924-16
CONTRACT NO. C35010
TO: CITY OF PALM DESERT, `CITY"
DATE: February 21, 2016
BIDDER: T.). Jana Construction, Inc. "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, NEW PLAYGROUND SURFACES FOR
FREEDOM PARK AND HOVLEY SOCCER PARK, Project No. 924-16, Contract No,
C35010, hereby proposes to construct the work in accordance with the Contract
Documents, including Addenda No(s). for the
amount stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids
for the public opening of bids, this Bid constitutes an irrevocable offer for 60
calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR falls to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, Including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attorney expense, additional engineering and architectural expense and
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
Page C-1
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
1. Freedom Park Playground Surface
ITEM
NO. ITEM DESCRIPTION
1 Mobilization
2 Clearing and grubbing and removal of exisbngplanround surfacing
3 Remove seven (7) concrete boxes and infill
4 Repair subgrade as needed and install approximately 2,400 sq. ft. of unitary poured -in -place
rubber surfacing. Thickness of playground surfacing to be a minimum of 2.5" (two and one-half
Inches) including a minimum of .5° (one-half inch) wear course. Completed surfacing must meet
fall height criteria of existing playground equipment. Surfacing will be uniform color throughout,
using 100% standard two color 50%/50% mix. Color to be determined by City, no black to be
used. 100% standard two color 50%/50%. Color to be determined by City, no black will be used.
5 I Playground surfacing must be IPEMA certified and contractor must provide certificate prior to
installation.
6 Contractor to secure construction area with construction fencing or other method to prevent injury,
and perform clean up as needed
SUBTOTAL LUMP SUM BID AMOUNT FOR FREEDOM PARK 1 $ 40,100.00
2. Hovley Soccer Park Playground Surface
ITEM
NO. ITEM DESCRIPTION
1 Mobilization
2 Clearing and grubbing and removal of existing_PlaY9round surfacing
3 Remove existing balance beam and footings and infill with like playground surfacing
4 Repair subgrade as needed and install approximately 1,500 sq. ft. of unitary poured -in -place
rubber surfacing. Thickness of playground surfacing to be a minimum of 2 5" (two and one-half
inches) including a minimum of .5` (one-half inch) wear course. Completed surfacing must meet
fall height criteria of existing playground equipment, Surfacing will be uniform color throughout,
using 100% standard two color 50%/50% mix. Color to be determined by City, no black to be
used.
5 Playground surfacing must be iPEMA certified and contractor must provide certificate prior to
installation.
6 I Contractor to secure construction area with construction fencing or other method to prevent injury,
j and perform clean up as needed.
SUBTOTAL LUMP SUM BID AMOUNT FOR HOVLEY SOCCER PARK 1 $ 28,475.00
$ 68,575.00
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item, are included in the related Pay Item(s), and no
Page C-2
additional compensation shall be due the CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL LUMP SUM BID AMOUNT IN FIGURES $ 68,575.00
TOTAL LUMP SUM BID AMOUNT IN WORDS Sixty -Eight Thousand, Five Hundred,
Seventy -Five Dollars Only
IN WITNESS WHEREOF CONTRACTOR exe�uted this Bid as of dale set forth on
Page C-1
Signature
Title: Tim Janca, P ident
A !Votary Public or other officer completing this certificate verities only the identity
of the individual who signed the document, to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document
State of Cali is )
) ss.
County of 1
Subscribed and sworn to (or irmed) before me on this day of
(month), year), by
proved to me on th asis of satisfactory evidence to be the person(s)
who appeared before me.
Signature of Notary
e -� «_,,r'cxe—
Page C-3
(Seal of Notary)
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202
.See Attached Document (Notary to cross out lines 1-6 below)
. See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
Signature of Document Signer No. 2 (if any)
i
I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of OrOLA- -
L NDA MACKEY
Commission 0 2044995
Notary Public - camomis
Mr Comm. Expires Oct 11 „ 2017
Subscribed and sworn to(oraffirmed) before me
on this 21 sf day of rV-✓rVar j 20_ [ (-
by Date Month Year
l
(and (2) },
Name(s) of Signers)
proved to me on the basis of satisfactory evidence
to be the person(s) who appeared before me.
Signature
Signature of Notary Public
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document /
Title or Type of Document: Co n-�nu-�-orS�! }�c� -Ct-C3 Document Date: z/ �l A
Number of PagesC(- C3 Signer(s) Other Than Named Above:
02014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6627) Item #5910
D — INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to supply the following Information. Additional sheets may be
attached if necessary.
(1) Company Name T.J. Janca Construction, Inc.
(2) Address 2328 N. Batavia St., #105, Orange, CA 92865
(3) Telephone No. M4) 921-3940
(4) Type of Firm (Individual, Partnership or Corporation) Corporation
(5) Corporation organized under the laws of the State of California
(6) Contractors License No. 774195 Exp. Date 01/31/2018
(7) Department of Industrial Relations Contractor Registration number: 1000002326
(8) Email Address for DIR Contact lmackey®protectturf.com
(9) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
Tim Janca, sole Officer/Shareholder,14882 Wildcat Canyon Rd., Silverado, CA 92676
(10) Number of years' experience as a Contractor in construction work 30+ years
(11) List at least three similar projects completed recently.
Contract Amount Class of Work I Date Completed Name, Address &
1
,Ile prep ana
$150,335
resilient surfacing 2/9/16
installation (7 sites)
j
2
I Woodcrest School
S52.WO
I play apparatus 5/8/ 115
resurfacing
3.
i Playground surfacing
S135,000
j installation @ Yokuts dr; 4/2/2015
Silver Creek Parks
I
Page D-1
To hone No. of Owner
A1vOrd ItId WIWI Uistrict
10365 Keller Ave., Riverside, CA 92505
(951) 53&2613 - Jeff Windbigler
vuuerton bctlool mstnct
1401 W. Valencia Dr., Fullerton, CA 92833
(714) 447-7440 - Bob Macauley
City of Bakersfield. Rec ra Parks Dept
City Hall No., 41h F1r,1600 Truttun Ave.
Bakenlreld. CA 93301 (661-321-4142
D>avK1 Brown
(11) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the
following list gives the name business address, and portion of work (description
of work to be done) for each subcontractor that will be used in the work if the
bidder is awarded the Contract, (Additional supporting data may be attached to
this page. Each page shall be sequentially numbered, and headed "Proposed
Contractors" and shall be signed.) The Bidder shall list all subcontractors who
will perform work or labor or render service to the prime contractor in excess of
one-half of one percent of the prime's bid. Failure to Include the
subcontractor's DIR realstration number may result In the bid being
_Wected as non -responsive.
Subcontractor's Name: 67Ui
License Number: DIR Contractor Registration No.
Business Address. -
Telephone: DIR Email Address
Work Description: Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address
Telephone. DIR Email Address
Work Description. Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone: DIR Email Address
Work Description: Percent of Work:
(12) List the name of the person who inspected the site of the proposed work for your
firm Tim Janca
(13) A financial statement or other Information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
(14) Contractor hereby swears under penalty of perjury that the information provided
here is true and correct.
By: �/�/ Title: President
Signature Contractor
Page D-2
E- NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the President of T.J. Janca Construction, Inc. , the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has
not in any manner, directly or Indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged Information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on
February 22 20 16 at Orange California
city state
By: rA/%A
Signature
Title: Tim Janca, President
CONTRACTOR
Page E-1
"603417098 Pa rn C'eser. Public Works
F — Bidder's Bond
To Accompany Bid
11 so 's 02-22-2016 3 s
KNOW ALL MEN BY THESE PRESENTS,
That we, T.J. Janca Construction, Inc. as principal,
and Contractors Bonding and Insurance Company as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ 'Ten Percent of (10% of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the certain bid of the above
bounden principal to perform certain work described as follows:
Amount Bid NEW PLAYGROUND SURFACES FOR
FREEDOM PARK AND HOVLEY SOCCER PARK
PROJECT NO.924-16
CONTRACT NO. C35010
The general items of work to be done hereunder consist of rem val a d replacement of
poured In place playground surfacing and dated -.7,- t %1t (*
Is accepted by the City of Palm Desert, and if the above bounden principal
T.J. Janca Construction, Inc, shall duly enter into and execute a contract for such
construction, and shall execute and deliver the Performance Bond and Payment Bond
and insurance certificates as required by said contract, then this obligation shall become
null and void; otherwise it shall be and remain In full force and effect.
Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys fees, shall be awarded to the prevailing party,
IN WITNESS WHEREOF, we hereunto set our Hands and Seals this 23rd day
of February 2016.
Contractor's Name: T.J. Janca
Construction, Inc.
Luc.e�
Contractor's Signature: r
Yrvs1dew� (Signature to be notarized)
Tale:_. 1
Address: 2328 Batavia St., #105 Orange, Ca 92865
Telephone: (714)921-3940
7603417C98 za.m Desert Ps.L c Wcrks
Surety's Name: Contractors Bonding and Insurance Company
Surety's Signature. "
(Signal re to be notarized)
Title: Vickie Spence, Attorney -In -Fact
Address: 111 Pacifica, Suite 350 Irvine, Ca 92618
Telephone; (800)274-2242
3 16 02-22-20'6 s 5
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
Contractor Acknowledgment
State of California )
) ss.
Countyof Ora r J-el )
On F-r- hr✓m." 25 . U t to before me, L"d0t M0-C k4,y i� 01� G
� personally appealed /l lAfto � t
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Ukt"Signature (Seal)
LINDY
t r�u►ctc
Commissimission * 2044495
Notary Publicf�- California
orange Warty r
L r Comm. Wm Oct 11„ 2017
76C3417096 PXIr Drsert'"b:IC WCAS 11 SC 52 02-22 2016 5 i
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
Surety Acknowledgment
State of California ) **SEE ATTACHED-
) ss.
County of )
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within
Instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
v.nr'F•]�'f.�,.y.y�.Yv�..Asa:•�r+NT.�T.r.+v_�ar.'v-�nY.c�lyfrlV.�I`1�n1.r �rJYM.r..,.u.�rv7�..Y�i a..lan nnTi'.arP/`rY�^�'Yy`t
A notary pubic or other officer completing this certificate verifies only the identity of the Individual who signed the
document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
County of ORANGE )
On 2/23/16 before me, OLGA S HAPPEL, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared VICKIE SPENCE
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are
subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by hls/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
Is true and correct.
WITNESS my hand and official seal.
5 HAPPEL
COMM.
vx�,� �
z COMN 20531>si � Signature
NOTARY PUe1JC - CAUFORNIA
ORANGE COUNTY Signa�re of Notary Public
MY COMM. EXPIRES DEC. 23, 2017
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: BOND
Number of Pages: 3 Signer's) Other Than
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Document Date: 2/23/16
Named Above:
Signer's Name:
❑ Corporate Officer — Title(s):
Q Partner — ❑ Limited p General
❑ Individual 0 Attorney In Fact
O Trustee O Guardian or Conservator
❑ Other.
Signer Is Representing:
C2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
R L 1 0 Ckk POWER OF ATTORNEY
RU Surety
9073 N. Lindberlb Dr. I Peoria, IL 61615 Contractors Bonding and Insurance Company
Pha= (SOW5.24M I Fax: 009)689-2036
Know All Men by These Presenrs,
That ibis Power of Attorney is not valid or in effect unless attached to the bond which it authorizes, but may be deiacbed by the approving officer If
desired
That this Power of Attomey may be effective and given to either or both ofRLI Insurance Company/RLI Indemnity Company and Contractors
Bonding and Insurance Company, required for the applicable bond
That RLI insurance Company/RLI Indemnity Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as
applicable), each authorized and licensed to do business in all states and the District of Coltmtbia do hereby make, constitute and appoint:
Julie Durkin, Grace L Reza, Vicdda Spence, Olga S. Aguirre, Batty Walker
in the City of Irvine . State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/ber to sign,
execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit;
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or
equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; ofTndal, bail and surety and
fidelity bonds. Indemnify in all cases where indemnity may be lawfully given; and with fall power and authority to execute consents and
waivers to modify or change or extend any bond or document executed for this Company, and to compromise and settle any and all
claims or demands made or existing against said Company.
RLI Insurance Cumpnny/RLI Indemnity Company and Contractors Bonding and Insurance Company, as applicable, have each further certified
ibal the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit:
"AIL bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the
Corporation by the Prmident, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of
Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or
Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the
validity of any bonds, policies, undertakings, Powers of Atomey or other obligations of the Corporation. The signature of any such officer and the
corporate seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF, RLI Insurance Company/RLI Indemnity Company and/or Contractors Bonding and Insurance Company, as
applicable, have caused these presents to be executed by its respective Vice Prosident with its corporate seal affixed this 23rddy of
February 2016
ATTEST:
&W-L MOAI�ftjCherie L. Moot r ssistant Secrets8�'Y h'
State or flumis 1
J}
County of Pew SS
RLI Insurance Company/RIA Indemnity Company
Contractors and Insurance
l Company
By:
Horton W. Davis
On this 23rd day of February 2016 beforo me, a Notary Public, personally appeared Barton W. Davis
Cherie L. Montg=ezX —,who being by me duly sworn, acknowledged that they signed the above Power of Attorney as
ViqLtmajdpr and A.eAAI1LS92MtUv
Vice Prealdent
and
respectively, of
RLI Insurance Company/RI.I Indemnity Company and Contractors Bonding and Insurance Company, and acknowledged said instrument bo be
the vol tary act and deed of said corporation.
-OFFICIAL SEAL"
quelinetl:
llQ B kkr Notary Public eaaasseneio•smaoinut1
A0056115
17603417098 Palm Desert Publlc Works 14:13:35 02-16-2016 1 Q
CITY OF PALM DESERT
CALIFORNIA
ADDENDUM NO. 1
New Playground Surfaces for Freedom Park and Hovley Soccer
Park
PROJECT NO.924-16
CONTRACT NO. C35010
ISSUED February 16, 2016
3.E.
'ORKS
IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE
ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL
17603417098 Palm Desert Publ c Works 14• 13:51 02-16-2016 2 i2
This addendum changes the following items of the project bid documents for the
above referenced project:
The following questions have been received for the above referenced project:
1. Will there be a Pre -Bid Meeting at the two locations?
Answer: There will not be a pre -bid meeting.
2. What is the engineers estimate?
Answer: The budget estimate for bonding purposes in
$100,000.00.
3. Is there a specific product being specified? Product/Manufacture not on
specifications.
Answer: No, however any product must be certified by the
International Playground Equipment Manufacturer's Association
(IPEMA).
4. Since there is NO premium colors are you going with aromatic binder?
Answer. Black will not be one of the colors used. Yes, the
successful contractor Is to use an aromatic binder.
5. Freedom Park -Item 3 Remove 7 concrete boxes and infill
a. What are the dimensions of the concrete boxes (WxLxD) not specified
on specifications?
Answer: Approximately 24 inches x 24 inches x 24 inches.
b. Infill with pour in place?
Answer: Infill per manufacturer`s recommendation.
6. 1 am writing to ask If any rubber playground surfacing will be needed for
the "New Playground Surface for Freedom Park & Hovley Soccer Park"
project. Can you please let me know?
Answer: Work to be done in compliance with the specifications.
Freedom Park Playground
❑ate: 2616
VICINITY MAP
Hovley Soccer Park Playground
❑ate: 2016
cc)
VICINITY MAP