HomeMy WebLinkAboutStaff Report 142-08City of Palo Alto
City Manager’s Report
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS
FEBRUARY 19, 2008 CMR:142:08
ADOPTION OF AN ORDINANCE APPROVING AND ADOPTING A
PARK IMPROVEMENT PLAN FOR ALEXANDER PEERS PARK;
ADOPTION OF A BUDGET AMENDMENT ORDINANCE AMENDING
THE BUDGET FOR THE FISCAL YEAR 2007-08 TO PROVIDE AN
ADDITIONAL APPROPRIATION OF $71,556 TO CAPITAL
IMPROVEMENT PROGRAM (CIP) PROJECT PE-08002, PEERS PARK
IMPROVEMENTS AND APPROVAL OF A CONTRACT WITH SANTA
CLARA CONSTRUCTION & ENGINEERING, INC., IN THE AMOUNT
OF $444,326 FOR CONSTRUCTION OF ALEXANDER PEERS PARK
IMPROVEMENTS - CIP PROJECT PE-08002
6
RECOMMENDATION
Staff recommends that Council:
o
Adopt the attached Park Improvement Ordinance (Attachment A) authorizing substantial
landscape maintenance improvements at Alexander Peers Park (Peers Park).
Adopt the attached Budget Amendment Ordinance (BAO) in the amount of $71,556
(Attachment B) to provide an additional appropriation for the Peers Park Improvements,
Capital Improvement Program (CIP) project PE-08002.
o Approve and authorize the City Manager or his designee to execute the attached contract
(Attachment C) with Santa Clara Construction & Engineering, Inc., in the amount of
$444,326 for construction of the Peers Park Improvements; and
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Santa Clara Construction & Engineering, Inc., for related,
additional but unforeseen work that may develop during the project, the total value of
which shall not exceed $22,250.
CMR:142:08 Page 1 of 4
BACKGROUND
Peers Park improvements were included in the Infrastructure Management Plan (IMP) approved
by the City Council in 1998. Funding for improvements to Peers Park was included in the 2007-
08 Adopted Capital Budget. The existing play area equipment is past due its cycle for
replacement, and the neighborhood input that was solicited during the design development phase
was strongly in favor of the proposed improvements. Special attention was given by members of
the public to the design of the play areas.
DISCUSSION
Peers Park improvements will consist of: removal and replacement in kind of most children’s
play equipment, some pathways and the entire picnic area, including replacement of site
furniture and paving surfaces; replacement of play area safety surfacing; and miscellaneous
landscape improvements including new trees, shrubs and decorative boulders. The proposed
project includes three add alternate bid items, including replacement of the basketball court
fence, repairs to the tennis court fence and installation of an additional bench in the south end of
the park. The Alexander Peers Park Improvement Plan (Attachment A, Exhibit A-1) summarizes
the Park Improvement Ordinance.
Bid Process
A notice inviting formal bids for the Peers Park Improvements Project was posted at City Hall on
December 11, 2007 and sent to 10 builder’s exchanges and 25 general contractors. The bidding
period was 28 days, and bids were received from 14 qualified contractors on January 15, 2008
(see Attachment E for a summary of all bids received on the project). Base bids ranged from a
low of $431,788 to a high of $596,520.
Summary_ of Bid Process
Bid Name/Number IFB # 125087 Peers Park Improvements
Proposed Length of Project 90 days
No. of Bids Mailed to Contractors 25
No. of Bids Mailed to Builder’s 10
Exchanges
Total Days to Respond to Bid 28
Pre-Bid Meeting?Yes
Number of Company Attendeesat 12
Pre-Bid
Number of Bids Received:14
Bid Price Range with no add From a low of $431,788 to a high of $596,520
alternates
*Detailed bid summary provided in Attachment E.
Staff has reviewed the bids submitted and recommends that the bid of $431,387 and three add
alternates totaling $12,939, submitted by Santa Clara Construction & Engineering, Inc., be
accepted and that it be declared the lowest responsible bidder. This contractor has satisfactorily
completed similar projects for the City in the recent past. Staff also checked references supplied
by the contractor and found no significant complaints. Staff also checked with the Contractor’s
State License Board and found that the contractor has an active license on file. The required
Certification of Nondiscrimination is included as Attachment F.
CMR: 142:08 Page 2 of 4
The low bid is 18% percent above the engineer’s estimate of $365,500. Although the amount of
this contract exceeds the original budget due to higher than expected costs for site preparation
and the children’s play structures, it is recommended that the project move forward. The three
add alternates totaling $12,939 involve needed repair and replacement of fencing adjacent to the
children’s play area, and given the relatively low cost of these improvements staff recommends
their inclusion in the contract.
Contingent upon additional funds becoming available for the project through the proposed
Budget Amendment Ordinance, staff recommends awarding the base bid and three add alternate
bid items in the amount of $444,326 to Santa Clara Construction & Engineering, Inc. The
contingency amount of $22,250, which equals 5% percent of the total contract, is requested to
resolve unforeseen problems and!or conflicts that may arise during the construction period.
RESOURCE IMPACT
In fiscal year 2007-08, the City Council appropriated $444,000 for CIP Project PE-08002, Peers
Park Improvements (Project) to cover the costs of the design and construction. After completion
of the design, $397,020 is left from the original appropriation for the construction cost of the
Project. Additional funds totaling $71,566 are needed to award the construction contract. A
Budget Amendment Ordinance is necessary to increase the appropriation for the Project
(Attachment B).
There is sufficient balance in the Infrastructure Reserve to provide the funding for the additional
appropriation.
POLICY IMPLICATIONS
The proposed Peers Park Improvements project is consistent with existing City policies.
ENVIRONMENTAL REVIEW
This project is exempt as defined by the California Environmental Quality Act (CEQA) pursuant
to the provisions of Sections 15201 and 15302 of the CEQA Guidelines.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Park Improvement Ordinance
Budget Amendment Ordinance
Contract
CIP Page
Bid Summary
Certification of Nondiscrimination
PREPARED BY:
CHRIS RAFFERTY
Landscape Architect
CMR: 142:08 Page 3 of 4
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
GLENN S. ROBERTS
Director of Public Works
~!~MILY~~NARRI S C~NN ’~~
Assistant City Manager
CMR: 142:08 Page 4 of 4
NOT YET APPROVED
ATTACHMENT A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PARK IMPROVEMENT PLAN
FOR ALEXANDER PEERS PARK
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and Section 22.08.005 of
the Palo Alto Municipal Code require that, before any substantial building, construction,
reconstruction or development is commenced or approved, upon or with respect to any land held
by the City for park purposes, the Council shall approve and adopt a park improvement
ordinance and a plan describing the proposed project.
(b)Alexander Peers Park is dedicated to park purposes.
(c)The park’s amenities, including a large turf meadow that can be used for
organized youth sports, asphalt walking paths, a basketball court, two tennis courts, picnic tables
and benches, and a recreation building with restrooms, have not been upgraded since the mid-
1970s and need replacement. The children’s play area was renovated in the early 1990’s.
(d) The City intends to authorize certain replacement and improvement projects
within Alexander Peers Park as shown on the Alexander Peers Park Improvement Plans
including, without limitation, the following:
(1)Removal and replacement of all children’s play structures except the
older age group swings and a small climbing structure.
(2)Removal and replacement of the children’s play area fencing and
accessible safety surface.
(3)Removal and replacement of all picnic tables and benches.
(4)Installation of bollards and decorative boulders.
(5)Removal of the existing deteriorated wood arbor.
(6)Miscellaneous planting of new trees and shrubs.
(e) The project improvements will avoid protected trees and other sensitive
resources and all existing park uses will be restored following project construction. In addition,
inconvenience to the public caused by aging equipment and paved surfaces will be eliminated.
Accordingly, the improvements described above and as more specifically described on the Plans
attached hereto as Exhibits "A-I ’° and "A-2" are consistent with park and conservation purposes.
080212jb 0130268
NOT YET APPROVED
(f) The Council desires to approve the projects described above and as more
specifically described on the Plans attached hereto as Exhibits "A-I" and "A-2".
SECTION 2. The Council hereby approves the Plan for replacement and
construction of improvements in Alexander Peers Park and hereby adopts the Plans attached
hereto as Exhibits "A-I" and "A-2" as part of the official plan for the construction of
improvements in Alexander Peers Park.
SECTION 3. The Council finds that the project to replace and improve certain
facilities at Alexander Peers Park is categorically exempt from review under the California
Environmental Quality Act (CEQA) pursuant to the provisions of Sections 15301 and 15302 of
Title 14 of the California Code of Regulations.
SECTION 4.
date of its adoption.
This ordinance shall be effective on the thirty-first day after the
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney
APPROVED:
Director of Public Works
City Manager
Director of Community Services
Director of Administrative Services
080212jb 0130268
2
ATTACHMENT A-1
ALEXANDER PEERS PARK IMPROVEMENT PLAN
Introduction
Alexander Peers Park is a 4.7 neighborhood park located at 1899 Park Boulevard in
Palo Alto. The entire park was last renovated in the mid 1970’s, and the children’s
play area was renovated in the early 1990’s. Park amenities include a large turf
meadow that can be used for organized youth sports, asphalt walking paths, a
basketball court, two tennis courts, picnic tables and benches, a children’s play area
and a recreation building with restrooms.
Proposed Park Renovation Activities
Proposed improvements to Peers Park include:
removal and replacement of all children’s play structures except the older age
group swings and a small climbing structure;
removal and replacement of the children’s play area fencing and accessible
safety surface;
o removal and replacement of all picnic tables and benches
¯installation of bollards and decorative boulders;
~removal of the existing deteriorated wood arbor
o miscellaneous planting of new trees and shrubs
Little if any change to the proposed layout of pathways, plazas, and site amenities is
anticipated compared to current conditions.The project improvements will avoid
protected trees and other sensitive resources.
Construction Schedule
Construction activity to implement the proposed improvement project is expected to
last approximately 90 days, from March 2008 through June 2008. Construction
would likely occur during weekdays from 8:00 a.m. to 5:00 p.m. Areas of the park
that are not significantly impacted by construction activity such as the central turf
meadow, tennis courts and recreation building will remain open to the public.
Anticipated Results
The anticipated benefits to be realized from the project include new play equipment
and safety surfacing, updated site furnishings, more comfortable and accessible picnic
tables and benches, more efficient traffic control, and additional shade trees and
landscape shrubs.
Attachment B
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PAL0 ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2007-08 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $71,556 TO
CAPITAL IMPROVEMENT PROGRAM (CIP) PE-08002, PEERS PARK
IMPROVEMENTS
The Council of the City of Palo Alto does ordain as follows:
SECTION i. The Council of the City of Palo Alto finds
and determines as follows:
A. Pursuant to the provisions of Section 12 of Article III of
the Charter of the City of Palo Alto, the Council on June !i, 2007
did adopt a budget for fisca! year 2007-08; and
B. In fiscal year 2007-08, the City Council appropriated
$444,000 for CIP Project PE-08002, Peers Park Improvements
(Project) to cover the costs of the design and construction; and
C. Design was completed leaving a balance of $397,020 from
the appropriation to cover for the construction cost of the
Project. $71,556 additional fund is needed to award the
construction contract; and
D. This project was put out to bid; the low bid is higher than
the amount available, and an additional funding of $71,556 is
required to construct the Project; and
E. The total additional appropriation of $71,556 will be
funded by the infrastructure reserve; and
F. The appropriation of fund for CIP Project PE-08002, Peers
Park Improvements is a one-time event, and in future years
maintenance and replacement costs will be included in the City’s
budget; and
G. City Council authorization is needed to amend the 2007-08
budget to make available the funds required for construction of
CIP Project PE-08002, Peers Park Improvements.
SECTION 2. The sum of Seventy One Thousand Five Hundred Fifty
Six Dollars ($71,556) is hereby appropriated to CIP Project PE-
08002, Peers Park Improvements.
SECTION 3. The Capital Project Fund Infrastructure Reserve is
hereby reduced by Seventy One Thousand Five Hundred Fifty Six
Dollars ($71,556) to Sixteen Million Four Hundred Ninety Three
Thousand One Hundred Sixty.Six Dollars $16,493,166) as shown in
Exhibit A.
SECTION 4. The transactions above w!ll have no impact on the
Genera! Fund Budget Stabilization Reserve.
SECTION 5. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Counci! is
required to adopt this ordinance.
SECTION 6. As provided in Section 2.04.330 of the Palo Alto
Municipa! Code, this ordinance shal! become effective upon
adoption.
SECTION 7. The Council of the City of Palo Alto hereby finds
that this project is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Sections 15301 and
15302 of the CEQA Guidelines, and therefore, no environmenta!
impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Senior Asst. City Attorney Director of Public Works
Director of Administrative
Services
EXHIBIT A
Budget Amendment Ordinances Impacting Infrastructure Reserve Approved-To-Date in 2007-08
BAO Description
Balance - July 1, 2007 (audited balance)
07-08 Net change to reserve -adopted budget
2007-08 Projected Ending Balance Before BAOs
Less: Additional Appropriation
BAO 4960 -PG-07000, Heritage Park Play~’ound Public/Private
Partnership Project
BAO4962 - PE-04011, Cambridge Parking Structure Improvements
2007-087 Midyear net change
BAO PE-08002 Peers Park Improvements
Cost
$192,572
S93,507
71,556
Revenue
$192,572
$93,507
Placeholders
Atreadyin
the 2007-08
Adopted
Budget
Impact on the
Capital Fund
Infrastructure
Reserve
$15,815,000
($662,00O)
$15,153,000
$0
1,411,722
(71,556)
Estimated Future Year
Ongoing Costs
Reserve Balance After BAO’s ] $16,493,166 ]
FORMAL CONTRACT
ATTACHMENT C
SECTION 500
CONTRACT No. C08125087
(Public Work)
Public Works Department
This Contract, number C08125087 dated is entered into by and between the City of Palo
Alto, a California Charter City ("City"), and Santa Clara Construction and Engineering, Inc. ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor
("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract,
and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this
Contract.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project:Peers Park Improvements, Invitation for Bids (IFB) No. 125087.
Bid:$444,326.00 (Four hundred forty-four thousand three hundred twenty-six dollars)
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the
City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving
inconsistencies between and among the provisions of this Contract, these documents and the provisions
thereof are set forth in the following descending order of precedence.
This Contract.
Invitation for Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (most current version).
Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (most current version).
Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the
Contract Specifications and the City of Palo Alto Dept. of Public Works Standard Drawings and Specifications
(most current version), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s
invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the
Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the
personal property of any person performing labor or services or supplying materials or equipment under the
Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting
coverage required under this Contract on or before the Date of Execution. The certificates and endorsements
for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its
CITY OF PALO ALTO CONTRACT C08125087 PAGE 1 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16 of this
Contract.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or
indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts
or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from
Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is
required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability
on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise
from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers,
employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or
liens made or filed by reason of any work performed by Contractor under this Contract at any time during the
term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under
this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in
connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract,
under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. ~9601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. ~6901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. ))2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, ~)25300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, ~25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, )~25249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, ~)25280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the
property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of
City or any of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by
City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by
Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any
other provision, nor shall any custom or practice which may arise between the parties in the administration of
any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the
performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right
of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a
satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift
that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory
manner in compliance with the Contract requirements.
10.Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force
pertaining to the Project and Work and this Contract, with the requirement of any bid security or fire
underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued
pursuant to any Law of any public agency or official as well as with any provision of all recorded documents
affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and
with all Laws pertaining to nondiscrimination in employment and hazardous materials.
11.Bid Security Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or
before the Date of Execution, Contractor shall furnish to the Project Manager the Bid Secudty as required under
the Invitation for Bids.
CITY OF PALO ALTO
rev. 12/00
CONTRACT C08125087 PAGE 2 OF 7
FORMAL CONTRACT SECTION 500
12.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
bo Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials are
required;
Co Any labor and services rendered and materials and equipment used or employed during the course
and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year
after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be
filed, on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
eo Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true
and correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to
the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid;
go Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon the
person or persons authorized to bind Contractor;
ho Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions,
certifications, and other written information as may be requested of Contractor by City from time to
time during the term of this Contract;
Contractor and any person performing labor and services under this Project are duly licensed by the
State of California as required by California Business & Professions Code Section 7028, as amended;
and
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
13.Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not
be assigned by Contractor. Any attempted assignment shall be null and void.
14.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time
or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or
registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or
required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim
to City.
15.Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
CITY OF PALO ALTO
rev. 12/00
CONTRACT C08125087 PAGE 3 OF 7
FORMAL CONTRACT SECTION 500
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related
and Work-related writings and business records, as such terms are defined in California Evidence Code
Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no
such hours, during the regular business hours of City.
16.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other shall be in writing and
shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States
mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission,
if sent to the telephone FAX number set forth below during regular business hours of the receiving party and
followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in
accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and
service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Public Works Department
Engineering Division
P.O. Box 10250
Palo Alto, CA 94303
Chris Rafferty, Project Manager
To Contractor:Santa Clara Construction and Engineering, Inc.
P.O. Box 8214
San Jose, CA 95125
Attn: Jaime Guerra
17.Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may
accrue only after such expenditures have been approved in advance in writing in accordance with applicable
Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are
not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are
only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This
Section 17 shall control in the event of a conflict with any other provision of this Contract.
18. Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant
such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto Dept. of Public
Works Standard Drawings and Specifications (most current version) of this Contract are incorporated
herein by reference.
e.Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
CITY OF PALO ALTO CONTRACT C08125087 PAGE 4 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
perform its obligations under this Contract which directly results from an Act of God or an act of a
superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents described in Section
3 hereof and all documents which may, from time to time, be referred to in any duly executed
amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part
of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
wdtten agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or
other stipulation in the Contract shall define or otherwise control, establish, or limit the performance
required or permitted or to be required of or permitted by either party. All provisions, whether
covenants or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or
other writing, which authorizes any director, officer or other employee or partner to act for or in behalf
of Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as
an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to
any rights and benefits accorded or accruing to the City Council members, officers or employees of
City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply
to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the
calculation of time hereunder, the time in which an act is to be performed shall be computed by
excluding the first Day and including the last. If the time in which an act is to be performed falls on a
Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be
extended to the following Business Day.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising
out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent of the parties is that the mediation shall proceed in advance of litigation;
however, if any party should commence litigation before the conclusion of mediation, such litigation,
including discovery, shall be stayed pending completion of mediation, and by executing this Contract
the parties stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule
1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of
California, as such rules may be amended from time to time. The parties shall share the cost of the
mediation, including the mediator’s fee, equally. Any written agreement reached in mediation shall be
enforceable pursuant to California Code of Civil Procedure § 664.6, as amended.
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
California. In the event that litigation is commenced by any party hereunder, the parties agree that
such action shall be vested exclusively in the state courts of California in the County of Santa Clara or
CITY OF PALO ALTO
rev. 12/00
CONTRACT C08t25087 PAGE 5 OF 7
FORMAL CONTRACT
in the United States District Court for the Northern District of California.
SECTION 500
Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure
§ 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase
agreements which it enters into in connection with this Contract, and to require its subcontractors to
include those provisions in any sub-contracts or major material purchase agreements, such that any
mediation or litigation of any claim or dispute asserted by a subcontractor or major material supplier
will be consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor
or material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees.
IN WITNESS WHEREOF, the parties have by their duty appointed representatives executed this Contract in the city of
Palo Alto, County of Santa Clara, State of California on the date first stated above.
APPROVED ASTO FORM:CITY OF PALO ALTO
Senior Assistant City Attorney Assistant City Manager
APPROVED:CONTRACTOR:
Director of Administrative Services
Director of Public Works
By:.
Name:
Title:
By:.
Name:
Title:
(Compliance with California Corporations Code ~ 313 is required
if the entity on whose behalf this contract is signed is a
corporation. In the alternative, a certified corporate resolution
attesting to the signatory authority of the individuals signing in
their respective capacities is acceptable)
CITY OF PALO ALTO CONTRACT C08125087 PAGE 6 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF
COUNTY OF
On , before me,a
notary public in and for said County, personally appeared ,
personally known to me (or 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.
WITNESS my hand and official seal.
Signature (Seal)
CITY OF PALO ALTO
rev. "12/00
CONTRACT C08125087 PAGE7 OF7
ATTACHMENT
CityWorks
PEERS PARK MPROVEMENTS (PE-08002)
Description: This project will upgrade and renovate playground and
picnic areas and replace pathways, irrigation, fencing, trash receptacles,
benches, and signage at Peers Park. (IMP funding focuses on repairing
existing infrastructure as identified in the Adamson Report, and does not
entail full-scale/unlimited park renovations).
Justification: This project will enhance the safety, quality, and condition
of Peers Park, as well as address accessibility needs of the disabled.
CIP FACTS:
¯ New
¯ Project Status: Design
¯ Percent Spent: 8%
¯ Managing Department: Public Works
¯ Comprehensive Plan: Policies C-24, C-26,
C32, Program C-19
° Board/Commission Review: PTC, PRC
IMPACT ANALYSIS:
¯ Environmental: Categorically exempt for
CEQA under Section 15301.
¯ Operating: Reduces cost of structural and sys-
tems maintenance.
PY Budget $0
PY Actuals as of 12/31/2007 $38,937
Pre-Design Costs
Design Costs
Construction Costs
Other
Total Budget Request
$40,000 $40,000
$475,556 $475,556
$515,556 $515,556
Revenues:
Source of Funds:Infrastructure Resewe
99 CiU q( Palo Alzo 2007-09
ATTACHf~ENT E
PROJECT: PEERS PARK IMPROVEMENTS - IFB125087
BID OPENING DATE: JANUARY 15, 2008
ITEM DESCRIPTION ENGR’S EST.~BIDDERS .....
Sansei Garden Sposeto Engr. R.A. Bothman Amer. Civil. Co. Calstate Const.ESR Const.Scapes, Inc. Bay Const. Co.
34,350 49,000 49,0921 12,714 85,500 124,500 66,240 40,000
27,225 28,000 30,282 12,386 20,200 40,000 23,260 60,000
77,845 72,000 69,239 125 420 74,600 70,000 72,931 84,000
6,470 3,600 4,715 5,100 4,800 4,000 6,000 17,000
45,500 43,965 43,000 54,135 54,900 52,200 45 000 75,778 62,000
197,800 220,390 200,000 209,250 229,554 225,600 190,000 225,600 247,000
65,245 56,645 78,000 58,919 60,246 42,500 50,000 46,000i 56,000
2.
3.
4.
5.
6.
7.
8.
8.
A1
A3
Demolition & Site Preparation
Subgrade Prep. & Base Material
Site Concrete
Decomposed Granite
Play Area Surfacing
Play Equipment
vlisc. Site Furnishings
Planting
15,000
12,000
60,000
7,500
52,000
168,000
36,000
9,000
Sant Clara Const.
33,313
16,215
68,180
3,014
41,035
200,988
37,643
17,297
G & G Builders
26,086
15,410
73,450
5,480
46,700
211,880
48,028
14,600
S & M Const.Pacheco Bros. ! Blossom Valley J.J. Albanese
29,000 23,488 _59,720 35,000
23,000 32,351 41,910 40,000
67,000 83,020 70,940 75,000
4,200 5,079 4,075 7,500i
47,000 41,774 39,800
213,000 210,131 185,285
47,000 47,034 68,580
25,000 11,784 6,000 10,770 14,260 11,500 11 529 7,400 11,777 11,000 13,600 16,000Irrigation ¯6,000 13,702 18,700 6,000 9,839 6 275 9,700 6,945 10 500 10,671 7 600 10 600 10 000 19 540 14 52(~
Variance - Base 65,887,. ¯94,834 95,700 99,000 111,085 121,015 122,595 130,100 132,332 149,820 162,277 179,000 183,449 231,020
% Over/Under- Base (0.18)(0.26)(0.26)(0.27)(0.30)(0.33)(0.34)(0.36)(0.36)(0.41)(0.44)(0.49)(0.50)(0.63)
Add Air. 1 - New Chain Link Fence 26,000 8,311 10,170 11,000 4,936 7,975 4,500 7,650 9,600 7,751 10,688 10,650 8,500 45,000 8,700Sum Base Bid + A1 391,500 439,698 470,504 472,200 469,436 484,560 491,015 495,745 505,200 505,583 526,008 538,427 553,000 593,949 605,220
Add Air. 2 - Repair Tennis Court Fence 5,000 3,267 1,956 2,100 2,674 2,200 2,400 3,085 1,900 2,169 2,0321 3,050 3,300 18,000 2,700Sum Base Bid + A1 A2 396,500 442,965 472,460 474,300 472,110 486,760 493,4~15 498,830 507,100 507,752 528,040 541,477 556,300 611,949 607,920
Add Aft. 3 - Additional Bench With Back 5,000 1,361 1,584 1,200 1,998 1,470 1,100 1,785 2,600 2,043 1,620 1,350 1,700 5,000 2,200Sum Base Bid + A1 A2 A3 401,500 444,326 474,044 475,500 474,108 488,230 494,515 500,615 509,700 509,795 529,660 542,827 558,000 616,949 610,120
Page 1 BID SUMMARY.xls
ATTACHMENT F
CERTIFICATION OF NONDISCRIMINATION FORM 410
PROJECT: Peers Park Improvements
Certification of Nondiscrimination: As Suppliers of goods and/or services to the City of Palo Alto in excess
of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of
this conb’act they will not discriminate in employment of any person because of race, skin color, gender, age,
relkjion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person; and further certify that they are in compliance with all Federal, State and local
directives and executive orders regarding nondiscrimination in employment.
Title of Officer
Signature:
’Et
CITY OF PALO ALTO - IFB 125087 PAGE 1 OF 1