HomeMy WebLinkAboutStaff Report 189-08City of Palo Alto
City Manager’s Report
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
6
CITY MANAGER DEP.6aRTSfENT: COMM-U~’ITY SERVICES
APRIL 14, 2008 CMR:189:08
APPROVAL OF A CONTRACT \VITH ROD.~N BUILDERS, ~C., IN THE
.~MOUNT OF $211,900 FOR THE RENOVATION OF THE OPEN SPACE
MAINTENANCE BUILD~G .AT FOOTHILLS PARK, C.M:’ITAL
LM]:’ROVEMENT PROGI~M PROJECT OS-07003; AND APPROVAL OF A
BUDGET .~MYENDM~ENT ORDLN.~NCE FOR THE FISCAL YEAR 2007-08
TO PROVIDE AN ADDITIONAL APPROPRIATION OF $40,137 TO
CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT OS-07003,
OPEN SPACE MAINTENANCE SHOP REHABILITATION
RECOMMENDATION
Staff recommends that Council:
1. Authorize the City Manager or his designee to execute the attached contract (Artaclmaent A)
in the amount of $211,900 with Rodan Builders, Inc. for the renovation and improvement of
the Open Space maintenance building at Foothills Park (Capital Improvement Program
Project OS-07003); and
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Rodan Builders, Inc., for related, additional but unforeseen work
that may develop during the project, the total value of which shall not exceed $21,000.
3. Approve the Budget :~maendment Ordinance in the amount of $40,137 to increase
appropriation to CIP Project OS-07003 (Attachment E).
BACKGROUND
The Open Space maintenance building was constructed in 1968 and includes a large workshop,
tool room, and supply storage area. Staff uses the area to construct signs and displays; to repair
equipment and park furnishings; and to store work tools, equipment and small vehicles. The
wood-framed building has not been improved since its construction in 1968 or repaired after a
flood in 1983. It has an un-insulated plank board exterior that leaks extensively, causing damage
to stored materials and equipment.
The project will install new exterior siding to the building, add rain gutters on both edges of the
roo~ add insulation and sheetrock to all of the interior shop walls, replace existing windows and
doors with insulated and energy efficient windows and doors and install a new dust collection
system and exhaust system that will provide cleaner air for employee health and safety.
CMR:189:08 Page 1 of 4
This project was submitted as part of the 2005-2007 Capital Budget and funding was approved
by Council for the 2006-2007 Fiscal Year. Staff has worked with the engineering firm of
Grossman Design Group, Inc.. to design improvements that will be durable, efficient, cost-
effective and aesthetically compatible with the rustic buildings of Foothills Park.
DISCUSSION
In preparing the designs and specifications for this maintenance building, the design consultants
were asked to incorporate materials and construction tecNaiques that are sensitive to the
enviromnent, low in on-going maintenance, and that would esthetically blend with the
appearance of Foothills Park. The size and dimensions of the maintenance building will remain
unchanged (Attactvnent C - Site Map).
Once renovated, the maintenance building will allow staff store materials, supplies and tools in a
safe and secm’e maturer and will ensure that materials and tools are not damaged by water. With
improved lighting, park staff will be better able to work on the repair of small engines and tools
and construct park mnenities. With the improved dust removal system and added building
insulation, staffwill be able to work in a safer, more comfortable, and efficient enviromnent.
Bid Process
A notice inviting formal bids for this project was posted at City Hall on February 11, 2008, and
sent to 10 builders’ exchanges and 7 independent contractors. The bidding period was 29 days.
Bids were received from four qualified contractors on March 11, 2008 as listed on the attached
bid summary (Attactvnent D). Bids ranged from a low bid of $211,900 to a high of $479,000.
The low bid is 2% percent above the 2006 engineer’s estimate of $207,500.
Summary of Bid Process
Bid Name/Number: Open Space Maintenance Building
IFB #122241
Proposed Length of Project: 120 calendar days
Number of Bids Mailed to Contractors: 7
Number of Bids Mailed to Builder’s Exchanges: 10
Total Days to Respond to Bid: 29
Pre-Bid Meeting? Yes, non-mandatory
Number of Company Attendees at Pre-Bid Meeting: 0
Number of Bids Received: 4
Bid Price Range: (includingall alternates) Low bid $211,900 to a high of $479,000
Staff reconm~ends that the bid $211,900 submitted by Rodan Builders, Inc. be accepted and that
Rodan Builders, Inc., be declared the lowest responsible bidder. The change order amount of
$21,000 (which equals 10% of the total contract) is requested to resolve unforeseen problems
and/or conflicts that may arise during the construction period.
Staff checked references supplied by the contractor for previous work performed 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 Contractor’s Certification of Non-
discrimination is Attachment D.
CMR: 189:08 Page 2 of 4
Work is expected to start in May 2008 and be complete in 120 days from the Notice to Proceed.
Care has been taken to plan the actual renovation of this building to avoid any inconvenience to
the public or disruption to essential park operations. \Vhile the Open Space maintenance
building is under construction, staff will store materials and supplies in the adjoining garage
building.
RESOURCE IMPACT
Funds for this project are included in Capital Improvement Program Project - OS-07003 (Open
Space Maintenance Building) approved in FY 2006-07 for $250,000 (Attaclvnent G).
Design, construction and contingency costs will total $290,137. A Budget Amendment in the
amount of $40,137 is needed to increase the appropriation to this project. This additional
appropriation will be funded by the Infrastructure Reserve.
Because the improved maintenance building will be more energy-efficient and will better protect
materials, supplies and tools, this project will create a slight decrease in the ammal cost for
utilities and replacement tools.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies. The proposed
project is consistent with existing City policy, including Comprehensive Plan Policy C-26:
Maintain and eahance existing park facilities.
ENVIRONMENTAL REVIEW
This project has been determined to have no significant effect on the enviromnent and to be
categorically exempt from review under the California Enviromnental Quality Act (CEQA) as
repair and maintenance of existing streets and similar facilities pursuant to CEQA Guidelines,
Section 15301 (c).
ATTACHMENTS
Attaclmaent A: Contract
Attactvnent B: Site Map
Attactvnent C: Bid Su~runm3~
Attactm~ent D: Certificate of Nondiscrimination
Attactm~ent E: Budget Amendment Ordinance
Attaclvnent F: CIP Page
CMR:189:08 Page 3 of 4
PREPARED BY:
’<C / G~G B~-TT S
Open Space and Parks Division Manager
DEPARTMENT HEAD:
JA~ES
¯ ector of Community Services
Assistant City Manager
CMR:189:08 Page 4 of 4
ATTACHMENT A
CITY OF PALO ALO CONTRACT
CONTRACT No. C08122241
COMMUNITY SERVICES DEPARTMENT
RECREATION and OPEN SPACE & SCIENCES DIVISION
OPEN SPACE MAINTENANCE BUILDING RENOVATION
This Contract, number C08122241 dated April, 15, 2008 is entered into by and be~veen the City of Paid Alto, a
California Charter City ("City"), and RODAN BUILDERS. !NC. ("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 Sco~e of Proiect and Work. Contractor sha!l furnish labor, services, materials and equipment in
connection with the construction of the P~oject 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:OPEN SPACE MAINTENANCE BUILDING RENOVATION; ( INVITATION FOR BID (IFB)
NO. 122241)
Bid:$ 211.900.00
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.
Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications.
Any other document not expressly mentioned herein which is issued by City or entered into by the
padies.
Compensation. !n 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 PaiD 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
CITY OF PALO ALTO -Contract #C08122241 PAGE1 OF 7
CITY OF PALO ALO CONTRACT
for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its
behalf. Proof of insurance shall be mailed to the Project Manager to the address set fodh 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
~h~r~r.term of this Comr~u[, or arising .... "~^
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, ~s25300-25395, 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, ofiqcers, 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 Insoection: 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
unde~,~riters 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 ’~sk~, and
with all Laws pertaining to nondiscrimination in employment and hazardous materials.
CITY OF PALO ALTO -Contract #C08122241 PAGE 2 OF 7
CITY OF PALO ALO CONTRACT
11.Bid Securitv 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 Security as required under
the Invitation for Bids.
12.R=~r=sen{~t ons 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;
Any materials and equipment which shall be used during the course and scope of the Proiect and
’¢Jork shall be merchantable and fit to be used for the particular purpose for which the materials are
required;
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.
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;
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;
Contractor has not made an attempt to exert undue influence with the Purchasing i~lanager 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,
ceRifications, 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.Assionment. 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. Al! 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
CITY OF PALO ALTO -Contract #C08122241 PAGE 3 OF 7
CITY OF PALO ALO CONTRACT
required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim
to City.
Audits bv City. During the term of this Contract and for a period of not less than three (3) years after the
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., o~urs,=~ requests and statements given by either party to the other shah be in writing and
shall be sufficiently given and served upon the other pady if (1) personally sewed, (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, sewice 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
Community Services Department
Recreation and Open Space Division
P.O. Box 10250
Palo Alto, CA 94303
Gregg Betts, Project Manager
To Contractor:Roland Builders’ Inc.
1625 El Camino Real, Suite 3
Belmont, CA 94002
(650) 508-1700
Attn: Dan Oliver
17.Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article Ill, 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 purpo~ to be Contractor’s
bailee, and City is, therefore, not responsible for any damage to the personal prope~y 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.
CITY OF PALO ALTO -Contract #C08122241 PAGE 4 OF 7
CITY OF PALO
d.
CITY OF PALO
ALO CONTRACT
Definitions. The definitions and terms set fo,Rh 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.
Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act cf 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 duty 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 be~veen the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written 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 other, vise 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, ofiqcer or other employee or partner to act for or in behalf
of Contractor or which authorizes Contractor to enter into this Contract.
Severabi!ity. 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 Counci! 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 paRies.
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 obsewed as a legal holiday by City, the time for performance sha!l 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 pa~ies agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Se~ice (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
ALTO -Contract #C08122241 PAGE 5 OF 7
CITY OF PALO ALO CONTRACT
California, as such rules may be amended from time to time. The parties shah 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 othePwise, 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
in the United States District Court for the Northern District of California.
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 be.~,veen the Contractor and the City. Should the
Contractor fai! 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 ’v,HEmEOF, the parties have by their duly appointed representatives executed this Contract in the city of
Palo Alto, County of Santa Clara, State of California on the date first stated above.
CITY OF PALO ALTO
APPROVED AS TO FORM:
Senior Assistant City Attorney
APPROVED:
Assistant City Manager
ROLAND BUILDERS, INC.
By:
Name:
Title:
By:
Name:
Tit!e:
Director of Administrative Services
Director of Community Services (Compliance with California Corporations Code 9 313 is required
if the entity on whose behalf this contract is signed is a
corporation, tn 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 #C08122241 PAGE 6 OF 7
CITY OF PALO ALO CONTRACT
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1i89)
STATE OF
COUNTY OF
On before me,a
nota~ 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 entib.7 upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
CITY OF PALO ALTO -Contract #C08122241 PAGE 7 OF 7
ATTACHMENT B
SITE M,&P - Detai! of FopS_hill Park
The Maintenance 5, ard v~T~’is located at the west end of Foothills Park at the end of Las Trampas
Valley just beyond the Oak Grove Picnic ,~Mea. (The Park Maintenance Yard is locateci !.3 miles
fiom the entrance of the Park.)
ATTACHMENT C
BID SUMMARY
Invitation For Bids 122241
Open Space Maintenance Building Renovations
LIST OF Alternative
BIDDERS
Rodan Builders
BCI Builders
Alpha Bay
Builders
Zolman
Consn-uction
City Electric
Base Bid Total
$211:900
277,970
308,000
479,000
18,950
Grant Total
$211;900
277,970
308,000
479,000
(bid only on elecu-icai
\x ork)
Low Bid $211,900
ATTACHS’ ENT D
CERTIFICATION OF NONDISCRIMINATION FORM 410
PROJECT:Ogen S~ace Maintenance Sui!dinu Renovation
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Pa’,o Alto in excess
of $5,000, the firm, contractor cr individua!(s) listed be!ow certify that: they do not and in the pe..fformance of
this contract they will not discriminate in employment of any person because of race, skin color, gender, age,
religion, disability, national origin, ancestri,,, sexual orientation, housing status~ marital status, familial status,
weight or height of such person; and further ce~i~7 that they are in compliance with a!l Federal, State and local
directives ~’~=, :~ ~x~u~/~ orders recar~inq nonG~scrlmiRatlori in empiovment.
Firm: ~odan Builders, Inc.
Titie of Officer Signing:C.F.O.
Sicnature:
DATE: March i0, 2008
CITY OF PALO ALTO -IFB 122241 PAGE 1 OF 1
0RDINA~NCE NO.
ORDiN~_NCE OF THE COUNCIL OF THE CITY OF PALO ALTO
~!’{ENDiNG THE BUDGET FOR THE FISCAL YEAR 2007-08 TO
PROVIDE ~_\~ ADDITIONAL APPROPRIATION OF $%0,137 TO
CAPITAL IHPROVEMENT PROG~’~ (C!P)PROJECT 0S-07003, OPEN
SPACE ~.tAiNTEN~-NCE SHOP REHABILITATION
The Council of the City of Pa!o Alto does ordain as follows:
SECTION !. The Council of the City of Pa!o A!to finds
and determines as fol!ows:
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 fiscal year 2007-08; and
B. in fiscal year 2006-07, the City Council appropriated
$250,000 for CIP Project 0S-07003, Open Space Maintenance Shop
Rehabilitation(Project) to cover the costs of the design and
construction; and
C. Design was co~ieted leaving a balance of $192,762 from
the appropriation to cover for the construction cost of the
Project. $40,137 additional funding 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 $40,137 is
re_quired to construct the Project; and
E. The total additional appropriation of $40,137 will be
funded by the infrastructure reserve; and
F. The appropriation of fund for CiP Project CIP Project 0S-
07003, Open Space Maintenance Shop Rehabilitation(Project) 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 0S-07003, Open Space Maintenance Shop Rehabilitation.
SECTION 2. The sum of Forty Thousand One Hundred Thirty Seven
Dollars ($40,137) is hereby appropriated to CIP Project 0S-07003,
Open Space Maintenance Shop Rehabilitation.
SECTION 3. The Capital Project Fund Infrastructure Reserve is
hereby reduced by Forty Thousand One Hundred Thirty Seven Dollars
($40,137) to Sixteen Million Four Hundred Fifty Three Thousand
_~enty Nine Dollars ($16,453,029) as shows_ in Ex_hibit A.
SECTION 4. The transactions above will have no impact on the
Genera! Fund Budget Stabilization Reserve.
SECTION 5. As specified in Section 2.28.080(a) of the Paio
___’ ~’the is:Tto Municipa! Code, a ~wo-~n!rds vote of City Counci~
re~aired to adopt this ordinance.
SECTION 6. As provided in Section 2.04.330 of the Pa!o Alto
Municipa! Code, this ordinance shall become effective upon
adootion.
SECTION 7. The Council of the City of Palo Alto hereby finds
that this project is exempt from the provisions of the California
Enviros~enta! Quality Act (CEQA) pursuant to Sections 15301 and
15302 of the CEQA Guidelines, and therefore, no environmental
impact assessment is necessary.
INTRODUCED ~D PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Senior Asst. City Attorney Director of Community Services
Director of Administrative
Services
EXHIBIT A
Budget Amendment Ordinances Impacting Infrastructure Reserve Approved-To-Date in
BAO Description Cost
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 Playground Pu )lie/Private
Partnership Project
BAO4962 - PE-04011, Cambridge parking Structure Impro’vements
200%087 Midyear net change
BAO PE-08002 Peers Park Impro’vemems
BAO OS-07003 Open Space Maintenance Shop Rehabilitation
S192£72
S93,507
$71£56
$40,137
Revenue
$192,872
S93,507
SO
SO
Plaeeholders iAIreadyin i Impact onthe
2007-081 Capital Fund
’InfrastructureAdopted i ReserveBudget
S15,815,000
(S662,000){
SO
2007-08
Estimated Future Year
Ongoing Costs
SO
1,411,722 ~
(71,556)
(40,137)
g~zO0.o~ i SO
Reserve Balance After BAO’s I $26,453,029
Description: This project will install new exterior siding to the Foothills
Park Maintenance Building, add rain gutters on both edges of the roof, add
insulation and sheetrock to all of the interior shop walls, and add insulated
overhead roll-down doors on the three bays that are uncovered. Insulated
windows and doors will replace existing doors and ",~indo\~ s. A he\\ dust
collection system and exhaust system will provide cleaner air for employee
health and safety.
Justification: The Foothills Park Maintenance Building was constructed
in t968 and includes a large workshop, tool room, and supply storage area.
It has not been improved since its construction in 1968 or repaired after a
flood in 1983. It has an uninsulated plank board exterior that leaks. During
the winter, the building is cold, drafty, and difficult to heat. Because there
are no gutters, water runs down the exterior walls of the building and into
the shop. Tools and equipment rust due to the moisture.
Consultant Services Scope: Project plans and specifications will be
prepared by, an engineering consultant for $42,500.
Supplemental Information: This project was not included in the
Infrastructure Management Plan (Adamson Study). The inclusion of this
project will be accomplished with current staff resources and may delay or
defer completion of other City Open Space improvement projects. This
project supersedes planned projects as it will result in significant cost
reductions, improve efficiency, increase the availability of storage space
and improve air quality in the shop for employee safety.
¯ .,,~"P FACTS:
o Continuing
o Project Status: Pre-Design
o Time~ine: FY 2006-2008
o. Overail Proiect Completion: 0%
~ Percent Spent: 0.00%
~ Managing Department: Community Services
o Comprehensive P!an: Policy C-24.
IMPACT ANALYSIS:
o Environmentah Categorically exempt from
CEQA.
o Design Elements: Reasonable efforts will be
made to match existing materials.
o Operating: This project will reduce heating
costs and tool replacement.
PY Actuals as of 12/31/2007
Pre-Design Costs
Design Costs
Construction Costs
Other
Total Budget Request
$0
$70,462 J
$42,500
$207,500 $40,137
$250,000 $40,137 ,
Revenues:
Source of Funds:Infrastructure Reserve
Council Policy Direction:Project is not in planned General Fund IMP and/or does not have an identified funding
source.
$42,500
$247,637
$290,137
2006-07 Budget Cib" q{ Palo Aim 63