Desert Recreation District (DRD) - Release of Bid Bond Guaranteeta Q�dara
(Al IFORNIA --
July 22, 2019
Desert Recreation District
Kevin Kalman, General Manager
45305 Oasis Street
Indio, California 92201
SUBJECT: Release of Bid Bond Guarantee Submitted with the Fritz Burns Pool
Management and Operations Proposal
Dear Mr. Kalman,
Thank you for submitting your proposal for the Fritz Burns Pool Management
Operations Request for Proposals (RFP).
At the May 7, 2019 meeting the City Council approved awarding an agreement to
Desert Recreation District (DRD). On June 14, 2019, the City and DRD executed
the agreement for the term of June 15, 2019, through May 31, 2020.
Pursuant to the terms of the RFP, the City hereby releases the bid bond guaranty
DRD submitted with its proposal. Enclosed is encashed Check No. 66001 in the
amount of $10,592.36, issued April 19, 2019.
Your interest in working with the City of La Quinta is greatly appreciated, and we
hope that you will participate in future opportunities to bid on other city projects.
Sincerely,
MONIKA RADEVA, CfC
City Clerk
Enclosure
DESERT RECREATION DISTRICT PACIFIC WESTERN BANK
INDIAN WELLS, CA 92210
IMPREST/PAYROLL ACCOUNT 1004
66001
45305 OASIS STREET
INDIO, CA 92201
(760) 347-3484
m
DATE
AMOUNT
e
4/19/2019
$10,592.36
m
PAY ****Ten Thousand Five Hundred Ninety Two and 36/100 Dollars
TO THE City of La Quinta
ORDER P.O. Box 1504
-
La Quinta, CA 92253
OF USA
x
H
1146600 LII' 1: L 2 2 2 38 2001: 100 L 4 7 5 7 2�
I
Payee City of La Quinta 04/19/2019
Vendor ID CITYOFLAQUINTA Account#:
Invoice Invoice Date Description
2019RFP 04/19/2019 Public Contract Code 20170- Fritz Burns Pool RFP
Payee City of La Quinta
Vendor ID CITYOFLAQUINTA
Invoice invoice Date
2019RFP 04/19/2019
Total :
04/19/2019
Account #:
Description
itract Code 20170- Fritz Burns Pool RFP
66001
Amount
$10,592.36
$10,592.36
66001
Amount
$10,592.36
Total : $10,592.36
Exh i bit D
Special Requirements
(insert Special Requirements or indicate "None" if there are none)
Public contracts code 20170. check attached
Exhibit D
Page i of i
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! LEGISLATIVE INFORMATION
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PUBLIC CONTRACT CODE - PCC
DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats, 1981, Ch. 306. )
PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22178] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11.)
CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec.
11.)
ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
20160. The provisions of this article shall apply to contracts awarded by cities subject to Title 4 (commencing with
Section 34000) of the Government Code.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20161. As used in this chapter, "public project" means:
(a) A project for the erection, improvement, painting, or repair of public buildings and works.
(b) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow.
(c) Street or sewer work except maintenance or repair.
(d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20162. When the expenditure required for a public project exceeds five thousand dollars ($5,000), it shall be
contracted for and let to the lowest responsible bidder after notice.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20163. It shall be unlawful to split or separate into smaller work orders or projects any public work project for the
purpose of evading the provisions of this article requiring public work to be done by contract after competitive
bidding. Every person who willfully violates this provision of this section is guilty of a misdemeanor.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20164. The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice
shall be at least 10 days before the date of opening the bids. Notice shall be published at least twice, not less than
five days apart, in a newspaper of general circulation, printed and published in the city, or if there is none, it shall
be posted in at least three public places in the city that have been designated by ordinance as the places for
posting public notices. The notice shall distinctly state the project to be done.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20165. Any notice inviting bids, which specifies locations of possible materials, such as a borrow pit or gravel bed,
for use in the proposed construction project which would be subject to Section 1602 of the Fish and Game Code,
shall include any conditions or modifications established pursuant to Section 1603 of the Fish and Game Code.
(Amended by Stats. 2005, Ch. 383, Sec. 10. Effective January 1, 2006.)
20166. In its discretion, the legislative body may reject any bids presented and readvertise. If two or more bids are
the same and the lowest, the legislative body may accept the one it chooses. If no bids are received, the legislative
body may have the project done without further complying with this chapter.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
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20167. After rejecting bids, the legislative body may pass a resolution by a four -fifths vote of its members declaring
that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower
price in the open market. Upon adoption of the resolution, it may have the project done in the manner stated
without further complying with this chapter.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20168. In case of an emergency, the legislative body may pass a resolution by a four -fifths vote of its members
declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard
life, health, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without
complying with this chapter. If notice for bids to let contracts will not be given, the legislative body shall comply
with Chapter 2.5 (commencing with Section 22050).
(Amended by Stats. 1994, Ch. 803, Sec. 1.2. Effective January 1, 1995.)
201,68.5. In any city that has agreed to permit the transfer of prisoners or parole violators under Section 2910 or
2910.5 of the Penal Code, or of wards under Section 1753.3 of the Welfare and Institutions Code, the city council
may contract for the construction or expansion of facilities to be used for that purpose without the formality of
obtaining bids, adopting plans and specifications, or complying with other requirements of this article, except as
required by this section. The person to whom the contract is awarded shall execute a bond for faithful performance.
The award of the contract shall be made after a public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The contract may be awarded only to a contractor
who has responded to the request for proposals and who is licensed to do the work in accordance with Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code. The contract shall be upon
terms which the city council determines are necessary for the expeditious completion of the work. A contract shall
not be entered into unless at least three proposals to do the work have been evaluated by a competitive process
established by the city council and the lowest bid is selected.
(Added by Stats. 1987, Ch. 1450, Sec. 10.)
20169. Annually before the beginning of the fiscal year, in cities where there is more than one newspaper of general
circulation printed and published, the legislative body shall publish a notice inviting bids and contract for the
publication of legal notices required to be published in such a newspaper. The contract shall include the printing and
publishing of all such legal notices during the fiscal year.
If there is only one such newspaper, the legislative body may contract with it without advertising for bids.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20170. All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder's
security:
(a) Cash.
(b) Cashier's check made payable to the city.
(c) A certified check made payable to the city.
(d) A bidder's bond executed by an admitted surety insurer, made payable to the city.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20171. The security shall be in an amount equal to at least 10 percent of the amount bid. A bid shall not be
considered unless one of the forms of bidder's security is enclosed with it.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20172• If the successful bidder fails to execute the contract, the amount of the bidder's security shall be forfeited to
the city except as hereinafter provided.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20173. The cash or proceeds shall be deposited in the fund out of which the expenses of preparation and printing of
the plans and specifications, estimates of cost, and publication of notice are paid.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
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20174. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the
next lowest responsible bidder. If the legislative body awards the contract to the second lowest bidder, the amount
of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second
lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the surety
on the bidder's bond if a bond is used.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
20175. (a) Notwithstanding any other law, the City of San Diego, with approval of the city council, may utilize
construction manager at -risk construction contracts for the erection, construction, alteration, repair, or
improvement of any building owned or leased by the city. A construction manager at -risk construction contract may
be used only for projects in the city in excess of twenty five million dollars ($25,000,000) and may be awarded
using either the lowest responsible bidder or best value method to a construction manager at -risk entity that
possesses or that obtains sufficient bonding to cover the contract amount for construction services and risk and
liability insurance as may be required by the city. Any payment or performance bond written for the purposes of
this section shall be written using a bond form developed by the city.
(b) For purposes of this section, the following definitions apply:
(1) "Best value" means a value determined by objective criteria related to the experience of the entity and project
personnel, project plan, financial strength of the entity, safety record of the entity, and price.
(2) "Construction manager at -risk contract" means one or a successive combination of competitively procured
contracts entered into by the City of San Diego with an individual, partnership, joint venture, corporation, or other
recognized legal entity, that is appropriately licensed in this state, including holding a contractor's license issued by
the Contractors' State License Board, and that guarantees the cost of a project and furnishes construction
management services, including, but not limited to, preparation and coordination of bid packages, scheduling, cost
control, value engineering, evaluation, preconstruction services, and construction administration.
(c) (1) A construction manager at -risk entity shall not be prequalified or shortlisted or awarded a contract unless
the entity provides an enforceable commitment to the City of San Diego that the entity and its subcontractors at
every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an
apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing
with Section 2600) of Part 1.
(2) This subdivision shall not apply if any of the following conditions are met:
(A) The City of San Diego has entered into a project labor agreement that will bind all contractors and
subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity
agrees to be bound by that project labor agreement.
(B) The project or contract is being performed under the extension or renewal of a project labor agreement that
was entered into by the City of San Diego before January 1, 2018.
(C) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at
every tier performing the project or contract to use a skilled and trained workforce.
(3) For purposes of this subdivision, "project labor agreement" has the same meaning as in paragraph (1) of
subdivision (b) of Section 2500.
(d) Subcontractors that were not listed by a construction manager at -risk entity as partners, general partners, or
association members in a partnership, limited partnership, or association in the entity's construction manager at -
risk bid submission shall be awarded by the construction manager at -risk entity in accordance with the process set
forth by the City of San Diego. All subcontractors bidding on contracts pursuant to this section shall be afforded the
protections contained in Chapter 4 (commencing with Section 4100) of Part 1. The construction manager at -risk
entity shall do both of the following:
(1) Provide public notice of the availability of work to be subcontracted in accordance with the publication
requirements applicable to the competitive bidding process of the City of San Diego.
(2) Provide a fixed date and time on which the subcontracted work will be awarded in accordance with the
procedure established pursuant to this section.
(e) If the City of San Diego elects to proceed under this section and uses a construction manager at -risk contract
for a building project, it shall make a copy of the contract available for public inspection on its Internet Web site
and notify the appropriate policy committees of the Legislature with instructions on finding and accessing the stored
contract.
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(f) (1) If the City of San Diego elects to award a project pursuant to this section, retention proceeds withheld by
the city from the construction manager at -risk entity shall not exceed 5 percent if a performance and payment bond
issued by an admitted surety insurer is required in the solicitation of bids.
(2) In a contract between the construction manager at -risk entity and any subcontractor, and in a contract between
a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not
exceed the percentage specified in the contract between the City of San Diego and the construction manager at -risk
entity. If the construction manager at -risk entity provides written notice to any subcontractor that is not a member
of the construction manager at -risk entity, before or at the time the bid is requested, that a bond may be required,
and the subcontractor subsequently is unable or refuses to furnish a bond to the construction manager at -risk
entity, then the construction manager at -risk entity may withhold retention proceeds in excess of the percentage
specified in the contract between the city and the construction manager at -risk entity from any payment made by
the construction manager at -risk entity to the subcontractor.
(g) Notwithstanding any other law, if the City of San Diego elects to award a project pursuant to this section, the
contract between the city and construction manager at -risk entity shall be subject to the provisions of subdivision
(b) of Section 2782 of the Civil Code. Any contract between the construction manager at -risk entity and a
contractor or subcontractor shall be subject to Section 2782.05 of the Civil Code.
(h) The City of San Diego may award separate contracts to the construction manager at -risk entity for
preconstruction services and construction services, or award a single contract for preconstruction services and
construction services with an intervening city approval of the guaranteed maximum price.
(i) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
(Added by Stats. 2017, Ch. 821, Sec. 2. (AB 851) Effective January 1, 2018. Repealed as of January 1, 2023, by its own
provisions.)
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