Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer - Landon Kern, Assistant City Engineer
Todd Gutjahr, Public Works Analyst <F---
FOR: City Council Meeting of October 28, 2024
SUBJECT: Award of Contract — 7th Street Park Basketball Court Resurfacing - Project No. 11223 RECOMMENDATION:
That the City Council:
1) Award and authorize the City Manager to execute a contract, and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, Trueline Construction & Surfacing of Riverside, CA in the amount $59,685 for the 7th Street Park Basketball Court Resurfacing - Project No. 11223 (Project); and 2) Approve the amount of $6,000 for construction contract contingency and the amount of $3,000 for construction contract administration, staff time, permitting and inspection costs for a total construction budget in the amount of $68,685; and 3) Authorize the City Manager or his designee to administer the distribution of the contract contingency; and
4) Approve the plans and specifications prepared for the Project.
BACKGROUND/DISCUSSION:
The Adopted FY25 Budget includes the 7th Street Park Rehabilitation Project as a prioritized Capital Improvement Program Project. The 7th Street Park Basketball Courts were last resurfaced in 2016, which included the playing surface and striping for three (3) basketball courts and striping for roller derby activities. In 2018, the City added striping for three (3) pickleball courts on top of the existing basketball and roller derby striping. Since 2018, the usage of the 7th Street Basketball Courts has significantly increased due to the introduction of pickleball in the City. This increased usage has caused the existing surface to deteriorate at a faster rate than normal, necessitating the need to resurface the facility.
The Project consists of the removal of the existing court surfacing and striping followed by repairing, leveling, resurfacing, and restriping for basketball and pickleball uses.
Staff prepared the bid documents, plans and contract specifications to publicly advertise the Project for construction bids. On October 17, 2024, one (1) bid was received from a contractor as follows:
Contractor Bid Amount
Trueline Construction & Surfacing $5905
Trueline Construction & Surfacing (Trueline) of Riverside, CA, is the apparent lowest responsible bidder. The Engineer's Estimate for the Project is $50,000. Staff has reviewed the bid documents and determined that the documents meet the requirements of the contract specifications. Trueline has performed similar work for other agencies, and their work has been deemed satisfactory.
FISCAL IMPACT:
With the proposed contract, the estimated cost of the Project is in the amount of $68,685 and is included in the adopted FY25 Capital Improvement Program as the 7th Street Park Rehabilitation Project. No other fiscal impact is anticipated as a result of the recommendations for this item.
Attachments:
1. Bid Summary
2. Construction Agreement — Trueline Construction & Surfacing Approved by: �� ��
ATTACHMENT
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ATTACHMENT 2
AGREEMENT
THIS AGREEMENT is made and entered into this 28" day of October 2024, by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and Trueline Construction & Surfacing located at
Contractor / Company Name
Riverside
City
CA
State
12397 Doherty St
Street Address
92503 (951) 817-0777 hereinafter referred to as "Contractor".
Zip Code Phone
PROJECT: 7th Street Park Basketball Court Resurfacing - Project No. 11223 WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the "Contract Documents"). The Contract Documents are made a part hereof as though fully set forth herein.
In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of Fif -Nine Thousand, Six Hundred Eight -Five Dollars and Zero cents ($59,685) in the manner provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written ATTEST:
CITY OF YUCAIPA
A Municipal Corporation
Ana Sauseda, MMC Chris Mann, City Manager Date
Director of General Services/City
Clerk
FUNDS AVAILABLE/INSURANCE CONTRACTOR:
APPROVED:
Phillip White, Director of Finance Trueline Construction & Surfacing Date Fermin G. Preciado, Director of
Development Services/City Engineer
APPROVED AS TO FORM:
Steven Graham, City Attorney
Insurance Requirements for Professional Services
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Contractor shall hold harmless, defend and indemnify the City of Yucaipa, its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees which actually or allegedly arise out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of to City, its officers, officials, employees and volunteers.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall reduce or eliminate such self -insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or
be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 101 CG 20 261 CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
Notice of Cancellation
Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self - insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the Entity.
Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.
The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.