HomeMy WebLinkAboutC35020 - Basketball Resurfcing-Civ Ctr-Freedom PrksContract No. C35020
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C35020 FOR THE 2016 BASKETBALL
COURT RESURFACING AT CIVIC CENTER PARK AND
FREEDOM PARK TO PACIFIC TENNIS COURTS, INC.
(PROJECT NO. 946-16)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Pacific Tennis Courts, Inc.
530 Los Angeles Avenue, Suite 115-320
Moorpark, California 93021
DATE: March 24, 2016
CONTENTS: Agreement and Bonds
Contractor's Bid
Vicinity Map
Recommendation
By Minute Motion;
1. Award Contract No. C35020 for the 2016 Basketball Court Resurfacing
at Civic Center Park and Freedom Park to Pacific Tennis Courts, Inc.,
of Moorpark, California, in the amount of $63,333.33 (Project No. 946-
16);
2. Authorize the Finance Director to set aside a 10 percent contingency in
the amount of $6,333.33; and
3. Authorize the Mayor to execute the Contract.
Funds are available in Account No. 2334674-4400100, Civic Center Park Fund; Account
No. 4304618-4400100, Park Fund Reserve; and Account No. 2334618-4400100, Park
Fund.
Background
The basketball courts at both Civic Center Park and Freedom Park are in need of
resurfacing. There are three courts at each park. This project will include removing the
old surface and paint, repairing joints or cracks to provide an even surface, resurfacing
the courts with a texture coating, and restriping.
Staff Report
Award Contract No. 35020 for the Basketball Court Resurfacing (Project No. 946-16)
Page 2 of 3
March 24, 2016
Staff advertised a request for sealed bids and on March 3, 2016, bids were opened and
read aloud. The results are as follows:
Contractor
Pacific Tennis Courts, Inc
TrueLine
Fiscal Analvsis
Location Bid Amount
Moorpark, California $63,333.33
Corona, California $64,150.00
There is no fiscal impact associated with this action beyond the cost of the work.
Prepared By:
a
Oe �L
.r�s<--�
Cora L. Gaugush�
Capital Improvement Projects Technician
Diane Hollinger
Landscape Specialist
aul. Gibson, Director of Finance
n M. Wohlmuth, City Manager
Department Head:
Mark Greenwood, P.E.,
Director of Public Works
CONTRACT NO. C35020
AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of March, 2016, by
and between City of Palm Desert, California, hereafter called "CITY" and Pacific Tennis
Courts, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
2016 Basketball Court Resurfacing, Project 946-16; Contract No. C35020, 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:
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; Q)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) Any Change Orders issued; (1) Any additional or supplemental
specifications, notices, instructions and drawings issued in accordance with the
provisions of the Contract Documents (m) The Determination of Prevailing Wage
Rates for Public Work, (n) Addenda No(s) Q. 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. C35020
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 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. C35020
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:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for workers' compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
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:
BY:
Signature to be notarized
TITLE:
CITY:
L:YA
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. C35020
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
CONTRACT NO. C35020
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Pacific Tennis Courts, Inc. hereinafter designated as the "Principal", a
contract for:
2016 Basketball Court Resurfacing Project
Project No. 946-16
Contract No. C35020
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, Pacific Tennis Courts, 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
Sixtv-three Thousand Three Hundred Thirtv-three and 33/100 Dollars ($63,333.33),
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. C35020
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 120
SURETY
(Signature must be notarized)
INSURANCE COMPANY and/or AGENT
G94C
TELEPHONE NUMBER
SURETY ACKNOWLEDGEMENT
PRINCIPAL
M.
(Signature must be notarized)
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
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
Page 2
CONTRACT NO. C35020
PRINCIPAL ACKNOWLEDGEMENT
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
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
Page 3
CONTRACT NO. C35020
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Pacific Tennis Courts, Inc. , hereinafter designated as the
"CONTRACTOR"), an agreement dated March 24, 2016 described as follows: 2016
Basketball Court Resurfacing Project, Project No. 946-16, Contract No. C35020
(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, Pacific Tennis Courts. 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 Sixtv-three Thousand Three Hundred
Thirty-three and 33/100 Dollars ($63.333.33), 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 4
CONTRACT NO. C35020
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 120
PRINCIPAL/CONTRACTOR:
Pacific Tennis Courts, Inc.
By:
(Signature)
(Typed Name and Title)
(Signature must be notarized)
The rate of premium on this bond is $
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
(Signature must be notarized)
The total amount of premium charged: $
(the above must be filled in by corporate surety).
per thousand.
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.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
Page 5
CONTRACT NO. C35020
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
SURETY 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
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
Page 6
CONTRACT NO. C35020
PRINCIPAL 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
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
Page 7
C - CONTRACTOR'S BiD
2016 BASKETBALL COURT RESURFACING PROJECT
PROJECT NO.946-16
CONTRACT NO. C35020
TO: CITY OF PALM DESERT, "CITY"
DATE: 3/2/2016
BIDDER: Pacific Tennis Courts, Inc. -Phil Carter "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of,
2016 BASKETBALL COURT RESURFACING PROJECT, PROJECT NO.946-16,
CONTRACT NO. C35020, 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:
1. 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 fails 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
Page C-1
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
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 Basketball Courts -Civic Center ( LS 1 $ $
Three (3) Courts } 30,000.00 3o,aoa.00
2 Basketball Courts -Freedom Park LS 1 $ 33,333.33 33,333.33
Three (3) Courts
TOTAL BID PRICE $ 63,333.33
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
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ 61,333.33
TOTAL AMOUNT BASE BID IN WORDS
THREE DOLLARS and 33/100.
SIXTY THREE THOUSAND, THREE HUNDRED and THIRTY
IN WITNESS WHEREOF CONTRACTOR executd4hisBid as of date set forth on
Page C-1:
By: Phil Carter
Signature
Title: Vice President
CONTRACTOR
Page C-2
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 11-eft tA C U )
Subscribed and sworn to or affirmed) before rn on this O �, day of
(month),G 6 (year),
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Signature of Notary Azle )
Page C-3
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VICINITY MAP
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