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Home My WebLink About1N OCRCity Council Staff Re{Jorl DATE: October 8, 2020 CONSENT CALENDAR SUBJECT: ACCEPTANCE OF THE PICKLEBALL AND TENNIS COURT RESURFACING, CITY PROJECT NO. 20-11 FROM: BY: SUMMARY: David H. Ready, City Manager Development Services Department Formal City Council acceptance of the Pickleball and Tennis Court Resurfacing, City Project No. 20-11, is required to document the completion of the public works improvements and to allow the City's filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code. RECOMMENDATION: 1. Accept the resurfacing of eight tennis courts at Ruth Hardy Park and eight pickleball courts at DeMuth Park identified as the Pickleball and Tennis Court Resurfacing, City Project No. 20-11, as completed in accordance with the plans and specifications; and 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Pickleball and Tennis Court Resurfacing, City Project No. 20-11. BACKGROUND: On March 19, 2020, the City Council awarded a construction contract in the amount of $65,600 to Trueline Construction and Surfacing, Inc., a California corporation, for the Pickleball and Tennis Court Resurfacing, City Project No. 20-11, (the "Project"); a copy of the staff report is included as Attachment 1. STAFF ANALYSIS: Construction of the project began on August 31, 2020 and was accepted and was substantially completed on September 21, 2020. rreM No ...... 1 ... N __ 2City Council Staff Report October 8, 2020 --Page 2 Acceptance of City Project 20-11 -Pickleball and Tennis Court Resurfacing Throughout the construction of the Project, there were no change orders and the final construction cost of the Project is $65,600. As determined by City Staff, the contractor satisfactorily completed the Project on September 21, 2020. Staff recommends that the City Council accept the Project as required by Section 9200 of the California Civil Code, and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County, included as Attachment 2. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," the requested action is considered a Class 1 project consisting of the minor alteration of existing public structures or topographical features involving negligible or no expansion of use beyond that existing at the time of the City Council's determination. Therefore, in accordance with Section 15301, Staff has determined that approval of the requested action is considered categorically exempt from CEQA. FISCAL IMPACT: The Project budget, incurred expenditures, and other associated costs are identified in Table 1 below. Table of Project Costs Amount Recreational Programs -Tennis (001-2511-44316) $15,680 Recreational Programs -Pickleball (001-2511-44317) $49,920 Construction ($65,600) Budget Remaining $0 Table 1 The City is holding retention funds in the amount of $3,280 for Trueline Construction and Surfacing, Inc., pending acceptance of improvements and filing the Notice of Completion with the County Recorder's Office. 3City Council Staff Report October 8, 2020 --Page 3 Acceptance of City Project 20-11 SUBMITTED: f . 1 ~ Fl n Fagg, Al~ \ Director of Development Services 27 ~ ~-:> ~---=---/itt. David H. Ready, Ph.D. City Manager Attachments: Marcus L. Fuller, MPA, PLS, PE Assistant City Manager 1. Award of Construction Contract Staff Report -March 19, 2020 2. Notice of Completion 4Attachment 1 5City Council Staff Re{)ort DATE: March 19, 2020 CONSENT CALENDAR SUBJECT: AWARD A CONSTRUCTION CONTRACT TO TRUELINE CONSTRUCTION & SURFACING, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $65,600 FOR PICKLEBALL & TENNIS COURT RESURFACING, CITY PROJECT NO. 20-11 FROM: David H. Ready, City Manager BY: Marcus L. Fuller, Assistant City Manager/ City Engineer SUMMARY: Award of this contract will allow the City to proceed with resurfacing eight pickleball courts at Demuth Park and all eight tennis courts at Ruth Hardy Park, City Project No. 20-11 ("Project"). RECOMMENDATION: 1. Award a construction contract (Agreement No. ) to Trueline Construction & Surfacing, Inc., a California corporation, in the amount of $65,600 for the Pickleball & Tennis Court Resurfacing, City Project No. 20-11; and 2. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: Trueline Construction & Surfacing, Inc., is a California corporation, whose corporate officers are: Edward Kruse (CEO / CFO), and Janet Bangs (Secretary). Edward Kruse and Janet Bangs are the sole owners of the corporation. The Public Integrity Disclosure Form is included as Attachment 1. BACKGROUND: The City currently has 12 pickleball courts established on 3 of the 4 tennis courts at Demuth Park shown on the following page, with the remaining tennis court available for tennis play. In March 2019 the City resurfaced the easterly 2 tennis courts which includes 4 of the 12 pickleball courts and the easterly tennis court. The westerly 2 tennis courts comprising the remaining 8 pickleball courts require maintenance and resurfacing of the courts. ITEM NO. _\_V __ _ 1 6City Council Staff Report March 19, 2020 --Page 2 Award City Project No. 20-11 2 7City Council Staff Report March 19, 2020 --Page 3 Award City Project No. 20-11 The City currently has 8 tennis courts at Ruth Hardy Park shown below. All 8 tennis courts now require maintenance and resurfacing. STAFF ANALYSIS: Staff prepared technical specifications for the required pickleball and tennis court resurfacing. On February 13 and 20, 2020, staff advertised the Project for bids in the Desert Sun, submitted the Notice Inviting Bids to plan rooms 1, and provided the contract documents free of charge to prospective bidders. On March 3, 2020 at 3:00 p.m., the Procurement and Contracting Division received two bids from the following contractors: Company Location Bid Amount Trueline Construction & Surfacing, Inc. Corona, CA $65,600 Ferandell Tennis Courts, Inc. Carlsbad, CA $100,440 Trueline Construction & Surfacing, Inc., submitted the lowest responsive bid within the engineer's estimate range of $50,000 to $100,000. 1 A Plan Room is a "library" where construction professionals may view bidding documents (blueprints and specifications) for projects seeking price estimates for specific construction products or services. There are 1 0 various plan rooms in southern California where the City submits its bid documents to ensure all contractors within the area are aware of the bid solicitation. 3 8City Council Staff Report March 19, 2020 -Page 4 Award City Project No. 20-11 Bid Analysis Staff reviewed all bid documents submitted by the apparent low bidder and determined that Trueline Construction & Surfacing, Inc., complies with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends that City Council approve the bid submitted by Trueline Construction & Surfacing, Inc. A construction agreement is included as Attachment 2. Public Works Contractor Registration Law (SB 854) Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014), unless registered with the State of California Department of Industrial Relations (DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. Similarly, a public entity cannot award a public works contract to a non-registered contractor, effective April 1, 2015. Staff has reviewed the DIR's contractor registration database, and has confirmed that Trueline Construction & Surfacing, Inc., and their listed subcontractors are registered with the DIR, and are appropriately licensed. Local Business Preference Compliance Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program," requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. Trueline Construction & Surfacing, Inc., is not considered a local business; however, they have demonstrated sufficient evidence of good faith efforts to sub-contract the supply of materials and equipment to local businesses. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," the requested action is considered a Class 1 project consisting of the minor alteration of existing public structures or topographical features involving negligible or no expansion of use beyond that existing at the time of the City Council's determination. Therefore, in accordance with Section 15301, staff has determined that approval of the requested action is considered categorically exempt from CEQA. 4 9City Council Staff Report March 19, 2020 --Page 5 Award City Project No. 20-11 FISCAL IMPACT: In anticipation of the need to resurface the pickleball and tennis courts, sufficient funds are budgeted and available to award the construction contract from the following accounts: General Fund, Tennis Center Account 001-2511-44316; $15,680 General Fund, Tennis Center Account 001-2511-44317; $49,920 SUBMITTED: ~ Marcus L. Fuller, MPA, PLS, PE Assistant City Manager/City Engineer Attachments: 1. Public Integrity Disclosure Form 2. Construction Agreement David H. Ready, Ph.D. City Manager Attachments 1-2 (10 pages) were removed to reduce the size of the Staff Report. Attachments are on file with the City Clerk. 5 10Attachment 2 11Recording Requested By: City of Palm Springs When Recorded Mail To: Name Anthony J. Mejia, City Clerk Street Address 3200 E. Tahquitz Canyon Way City & State Palm Springs, CA 92262 SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION (CA Civil Code§§ 8180-8190, 8100-8118, 9200-9208) NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is: _F_ee _____________________________ (e.g. fee, leasehold, joint tenancy, etc.) 2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are: Name Street and No. City State City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 3. The name and address of the direct contractor for the work of improvement as a whole is: Trueline Construction & Surfacing, Inc., 12897 Doherty Street, Riverside, CA 92508 4. This notice is given for (check one): 121 Completion of the work of improvement as a whole. • Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code§ 8186). 5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is: Not Applicable 6. The name and address of the construction lender, if any, is: Not Applicable 7. On the 21st day of September 20~, there was completed upon the herein described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided: City Project 20-11, Pickleball and Tennis Court Resurfacing 8. The real property herein referred to is situated in the City of ____ P_a_lm_S_p_rin_g_s __ ~ County of ____ R_ive_rs_id_e __ _ State of California, and is described as follows: Ruth Hardy Park, DeMuth Park 9. The street address of said property is: 700 Tamarisk Road, Palm Springs, CA 92262, 4200 E Mesquite Avenue, Palm Springs, CA 92264 10. If this Notice of Completion is signed by the owner's successor in interest, the name and address of the successor's transferor is: Not applicable I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: _____________ _ By: _________________ _ Signature of Owner or Owner's Authorized Agent Joel Montalvo/City Engineer City of Palm Springs Page I of 2 12VERIFICATION I, Joel Montalvo state: I am the City Engineer _ ("Owner'', "President", "Authorized Agent", "Partner", etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on--------~ ___ (date), at _P_a_lm_S~pr_in~g~s _______________ (City), .s;A__ (State). Signature of Owner or Owner's Authorized Agen Joel Montalvo/City Engineer City of Palm Springs 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. ST ATE OF CALIFORNIA COUNTY OF ___________ _ On _________________ (date), before me, ________________ , Notary Public (name and title of officer) 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 PENAL TY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Page 2 of2 Signature