CONTRACT 6718 Public Works ContractAgreement No. 6718
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUN€ O AND
SOCAL SURFACES, INC
[CITY COUNCIL mu s'C ,APPROVE CONTRACTS GREATER THAN $60,0001
This CONTRACT is entered into this 11 t� day of May, 2023, by and between the
CITY OF EL SEGUNDO, a general laU, city and municipal corporation ("the City") and
Socal Surfaces, a California Corporation ("the Contractor").
A. The Contractor will provide ali work required by the Contract Documents
(the "Work"). The Contractor agrees to do additional work arising frorn
changes ordered by the City in accordance with the Contract Documents,
B, The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials;
equipment; printing; vehicles; transportation; office space and facilities; all
tests, testing and analyses; and all matters whatsoever (except as
otherwise expressly specified to be furnished by the City) needed to
perform and complete the Work and provide the services required of the
Contractor by the Contract Documents.
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Bidders; Supplementary Instructions to Bidders; Proposal; this Contract;
Standard Specifications; Supplementary Conditions; Exhibits; Technical
Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed;
Change Orders; Notice of Completion; and all other documents identified
in the Contract Documents which together form the contract between the
City and the Contractor for the Work. The Contract Documents constitute
the complete agreement between the City and the Contractor and
supersede any previous bgreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed
dollars ($31,900) for the Work in the manner set forth in the Contract
Documents. The City may adjust this amount as sot forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within 7 working days (the
"Contract Time.")
B. The Contract Time will commence when the City issues a notice to
Agreement No. 6718
proceed. The Contract Documents will supersede any conflicting provisions
included on the notice to proceed issued Pursuant to this Contract,
C. The Contractor may not perform any Work until.
The Contractor furnishes proof of insurance as required by the
Contract Documents; and
The City gives the Contractor a written, signed, and numbered
purchase order and notice to proceed,
D. By signing this Contract, the Contractor represents to the City that the
Contract Time is reasonable for completion of the Work and that the
Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Mork before receiving written
authorization to proceed, any such Work is at the Contractor's own cost
and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance
with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS_ In accordance with Public Contracts Code 5 9201, the
City will promptly inform the Contractor regarding third -party claims against the
Contractor, but in no event later than 10 business days after the City receives such
claims. Such notification will be in writing and foRvarded in accordance with the "Notice"
section of the Contract Documents. As more specifically detailed in the Contract
Documents, the Contractor agrees to indemnify and defend the City against any third -
party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with
a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Tirne, all necessary permits,
licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS, All documents, data, studies, drawings, wraps,
models, photographs and reports prepared by the Contractor under the Contract
Documents are the City's property. The Contractor rnay retain copies of said
documents and materials as desired, but will deliver all original materials to the City
upon the City's written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and
Agreement No. 6718
limits of insurance coverage to be maintained by the Contractor as required by the
Conti -act Documents, and any approval of such insurance by the City, are not intended to
and will not in any manner limit or qualify the liabilities and obligations otherwise assumed
by the Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and the
manner in which is it performed. The Contractor will be free to contract for similar
service to be performed for other employers while under contract with the City. The
Contractor is not an agent or employee of the City and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits the City provides for its
employees, Any provision in this Contract that may appear to give the City the right to
direct the Contractor as to the details of doing the work or to exercise a measure of
control over the work means that the Contractor will follow the direction of the City as to
end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities. The Contractor will retain such financial and program
service records for at least three years after termination or final payment under the
Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
t he, Goniractor
City of El Segundo SOCAL SURFACES, INC
City Hail 135 W. 155TH ST.
GARDENA, CA 90248
El Segundo, CA
Any such written Communications by mail will be conclusively deemed to have been
received by the addressee three days after deposit thereof in the United States Mail,
postage prepaid and properly addressed as noted above. In all other instances, notices
will be deemed given at tide time of actual delivery. Changes may be made in the names
or addresses of persons to whon7 notices are to be given by giving notice in the manner
prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of tile Contractor and the City and not for the benefit of aray other
party. There will be no incidental or other beneficiaries of any of the Contractor's or file
City's obligations under this Contract.
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Agreement No. 6718
14. INTERPRETATION. This Contract was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this Contract will be in Los Angeles County,
15, EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or
incongruity between any provision of the Contract Documents, precedence will be
as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion will be
deemed modified to the extent necessary in the opinion of the court to render such
portion enforceable and, as so modified, such portion and the balance of this Contract
will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to
execute this Contract and to engage in the actions described herein. This Contract
may be modified by written amendment. The City's city manager, or designee, may
execute any such amendment on the City's behalf.
5 71(-_ 4l`TI10PS T,,is Crnn*r? -t m -ti ran nynCi,tCr1 }�J! fhr, jJ-dine C"I
any number of separate counterparts, and all such counterparts so executed constitute
one agreement binding on all the Parties notwithstanding that all the Parties are not
signatories to the same counterpart, In accordance with Government Code §16.5, the
Parties agree that this Contract, agreements ancillary to this Contract, and related
documents to be entered into in connection with this Contract will be considered signed
when the signature of a party is delivered by electronic transmission. Such electronic
signature will be treated in all respects as having the same effect as an original
signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions
hereof will be construed as both covenants and conditions, the same as if the words
importing Srich covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
21.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
Agreement No. 6718
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
C "F OF EL - .-G:k NDO SOCAL SURFACES,
N-111'reli Ceor e, nt Patterson, President
City Manager
Aly Mancini,
Recreation, Parks & Library Di
ATTEST:
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
Rv-
Joagrui r Vazquez, Assistant City Attorney
Taxpayer ID No. 26-0233911
Agreement No. 6718
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO
a general law city.
Aly Ma cini,
Recreation„ Parks & Library Director
Darrell George,City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
Lyn
SOCAL SURFACES, INC
Grant Patterson
President
Title
Taxpayer ID No. 6-0911
Joaquin Vazquez, Assistant City Attorney
Approval:
Hank k, Manager
Agreement No. 6718
Exhibit A
City of El Segundo
Recreation, Parks, & Library
401 Sheldon Street
El Segundo, CA 90245
SCOPE OF SERVICES
Resurface of (2) Volleyball Courts to Dual Volleyball and Pickleball Courts - $9,500
s Power Wash Courts
e Caulk and repair all cracking areas larger than 1/4"
e Apply black resurfacer coat, 100% latex acrylic, mixed with #60 silica to smooth out surface and
provide a superior base for color coat
Apply two coats of color system, 100% latex acrylic, mixed with #90 silica sand for Gray areas, Black
areas will be resurfacer.
e Lines to be white latex acrylic paint, Lined for Volleyball and add (2) Pickle Ball Court Lines
Convert a Tennis Court into (4) Pickleball Courts- $22,400
e Power Wash Courts
e Caulk and repair all cracking areas larger than 1/4"
Apply black resurfacer coat, 100% latex acrylic, mixed with #60 silica to smooth out surface and
provide a superior base for color coat
e Apply two coats of color system, 100% latex acrylic, mixed with #90 silica sand
e Lines to be white latex acrylic paint, Lined for Pickleball court colors TBD
e Install (4) new permanent sets of Pickle Ball Posts and Nets, Includes coring of post.
"Detection of post tension wires in concrete to be done by others.
City agrees to pay Socal Surfaces, Inc for the conversion of volleyball courts to dual Pickleball
and volleyball courts, and conversion of a tennis court to four pickleball courts. ($31,900)
Agreement No. 6718
SoU SurFaces Inc.
135 W. 155th St.
Gardena, CA 90248
www.mcwilss.com
Estimate
City of El Segundo, Tennis Center
401 Sheldon St.
EI Segundo, Ca. 90245
ATTENTION
Kammie Williams
I"OlECT BIDDING
El Segundo Tennis Center
Resurface of outdoor Tennis Courts
Tennis Court conversion Into (4) Picklebali Courts
cnni,^.r
Jeff Schmitz
jeff(-mcwlss.com
949-322-8786
78998
3/16/2023
Power Wash Courts
Caulk and repair all cracking areas larger than 19'
Apply black resurfacer coat, 1001/6 latex acrylic, mixed with ff60 ssca to smooth out surface and provide a superior base for color Coe
Apply two coats of color System, 100% latex acrylic, mixed with 090 silica sand.
Lines to be while latex acrylic One paint Lined for Pickle Safi
Court Cokes TBD
Install (4) new permanenle sets of Pickle Sal Posts and Nets.
Detection of post tension wires in concrete to be done by others.
Install price.... $22,400.00
Resurface of (2) Volleyball Courts
Power Wash Courts
Caulk and repair all cracking areas larger than 1/4"
Apply black resurfacer coat, 100% latex acrylic, mbked with #60 silica to smooth out surface and provide a superior base for color coa
Apply two coats of color System, 100% latex acrylic, mixed with 090 silica sand for Gray areas. Black areas will be resurfacer.
Lines to be white latex acrylic One paint, Lined for Volleyball and add (2) Pickle Bab Court Lines
Install price ........ $9,5000.00
NOTES:
1. We cannot guarantee against the occurrence of any new spats or pop outs_
2. In the resurfacing over previously coated courts, SoCal Surfaces shah not be responsible for delamination caused by previous coatings
nordelamination's or discoloratcons of the surfacing caused by the leaching of impurities from within the stab or sub grade.
3. Surface materials are durable, but not permanent and will fade, erode and otherwise deteriorate over time and with use.
Client agrees and understand that said surface shall require mplacemant or refurbishment In the future and that this contract
does not Include such replacement of refurbishment.
SURFACING MATERIAL WILL NOT KEEP CRACKS FROM APPEARING OR REAPPEARING.
4. Structural Cracks in Concrete and Asphalt (or like material) will Return. A crack can be repaired, but d might come back.
Structural cracks or hairline cracks will always come back and most of the Ume immediately. These can be repaired temporarily, but wifi
ultimately come back. Cracks are formed due to the movement of the stab. expanding and contracting if there is a weak point in the slab its.
Even when the corect method of repair is done, the crack could re -appear, as every court reacts differently in the movement of the slab itse
5. Squeegee marks, lines or swirls are always visible in the application process, butwxll fade over time
6. Acceptance of substrate not within 1/8" in 10' using a 10' straight edge
7. Unobstructed vehicular access to each court Is guaranteed by owner unlfi completion of work. Owner 10 provide storage area for materials,
electricity, dumpster and potable water supply within 100' of court(s).
8. Owner Is solely responsible for any City permits.
9. Upon acceptance of bid, this proposal becomes part of the contract
10
Estimate Valid For 30 Days
To accept this proposal and proceed with scheduling, sign below and return:
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