HomeMy WebLinkAboutStaff Report 268-05Aside from the water conserving irrigation system, the project includes other elements consistent
with Palo Alto's Green Building Policy. These include using recycled waste tires, wood waste
products, organic versus copolymer vinyl pathway binding agents, and recycled steel. The
project also includes volunteer efforts, coordinated with Canopy and Friends ofthe Parks.
DISCUSSION
Bids for construction of the Juana Briones Park renovation I were opened. on April 26, 2005.
Since poor drainage has been observed on the existing pathways, the new pathways will consist
of 2 inches of decomposed granite on 4 inches of base rock with a 2% cross slope adding
positive drainage to prevent water ponding. Three add/alternate items are included in the Juana
Briones Park Improvements project since the base bid submitted by the low bidding contractor is
below the contract funds available with these alternates. The add/alternates will allow for:
• short length of pathway to complete a jogging loop
• an additional piece of play equipment in the school age play area
• replacing the existing trashcans and bike rack, and installation of two additional benches
S fBOd P ummarvo I rocess
Bid NamelNumber 109134 Juan Briones Park Improvements Project
Proposed Length of Project 120 days
Number of Bids Mailed to 13
Contractors
Number of Bids Mailed to Builder's 8
Exchanges
Total Days to Respond to Bid 28
Pre-Bid Meeting? Yes
Number of Company Attendees at 7
Pre-Bid Meeting
Number of Bids Received: 5*
Bid Price Range , From a low of $564,779 to a high of$718,996
*BId summary provIded 10 Attachment C
Staff has reviewed all bids submitted and recommends that the low bid of $ 597,608 for the base
bid items with add alternate items B1, B4, and B6, submitted by Del Conte's Landscaping, Inc.
be accepted and that Del Conte's Landscaping, Inc. be declared the lowest responsible bidder.
The bid is 1% percent below the staff estimate of $603,468. The change order amount of
$53, 785 (equaling 9 percent of the total contract) is requested to resolve unforeseen problems
and/or conflicts that arise during the construction period.
The project is expected to commence construction in June 2005, and is to be completed with 120
days to avoid the possibility of rain delays. Because of this time constraint, this project was not
included in the 2005-06 proposed budget.
Staff confirmed with the Contractor's State License Board that the contractor has an active
license on file. Staff checked references supplied by the contractor for previous work performed
and found no significant complaints.
CMR:268:05 Page 2 00
;
FORMAL CONTRACT SECTION 500
Contract.
6. 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 dam;:3ge 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. 339601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. 336901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. 332601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, 3325300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, 3325100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, 3325249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, 3325280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
7. 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.
8. 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.
9. 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 bond 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. 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 Bonds as required under the Invitation
For Bid.
CITY OF PALO ALTO
rev. 12100
CONTRACT C05109134 PAGE 2 OF 7
FORMAL CONTRACT SECTION 500
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 eitper 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 F P\X 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:
Copy to:
To Contractor:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
City of Palo Alto
Public Works Department
Engineering Division
250 Hamilton Avenue
Palo Alto, CA 94303
Attn: Kate Rooney, Project Manager
Del Conte's Landscaping, Inc.
41900 Boscell Road
Fremont, CA 94538
Attn: Katherine Gavzy
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 16 shall contra! in the event of a conflict with any other provision of this Contract.
18. Miscellaneous.
a. 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.
b. 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.
c. 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.
d. Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and
Specifications (1992) 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
perform its obligations under this Contract which directly results from an Act of God or an act of a
superior governmental authority.
CITY OF PALO ALTO
rev. 12100
CONTRACT C05109134 PAGE40F7 .
FORMAL CONTRACT SECTION 500
r. 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 qonclusion of the mediation.
s. 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 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.
APPROVED AS TO FORM:
Senior Assistant City Attorney
APPROVED:
Director of Administrative Services
Director of Public Works
CITY OF PALO ALTO
rev. 12100
CITY OF PALO ALTO
. Assistant City Manager
CONTRACTOR:
8y: _________________ _
Name: __________________ _
Title: ___________________ _
8y: ________________ _
Name: __________________ _
Title: __________________ _
(Compliance with California Corporations Code:;) 313is 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)
CONTRACT C05109134 PAGE 6 OF'7
BID SUMMARY
ITEM DESCRIPTION Staff Estimate
A1 Site Prep & Demo 31,113
A2 Landscape, Paths 71,465
A3 Play Areas, Fence 328,639
A4 Irrigation 144,701
A5 Close Out °
BASE BID 575,918
B1 Extension Jog Path 14,372
B2 3 Drinking Fountain 8,756
B3 2 Arbors 10,000
B4 Swing Ring Beam 3,000
B5 Retaining Wall 4,725
B6 Bike, Benches, Can 10,178
B7 Add'i Fencing 5,000
BASE BID + B1, B4, B6 603,468
... -----------
JUANA BRIONES PARK
IFB #109134
Del Conte's Lone Star Blossom Valley
Landscaping, Inc. Landsacpe Construction
28,548 100,000 91,660
100,491 120,000 156,505
363,777 294,600 303,535
71,365 80,000 86,405
598 1,000 1,600
564,779 595,600 639,705
7,793 4,500 10,850
14,139 14,000 11,225
7,326 9,500 10,010
6,214 6,660 5,675
6,334 5,330 13,860
18,822 18,000 14,905
6,543 5,100 3,340
597,608 624,760 671,135
ATTACHMENT C
,
HRB Construction Technology, Engi-
nee ring & Constr.
104,635 70,753
74,854 192,013
294,931 323,431 :
164,097 112,800
2,256 20,000
640,774 718,997
12,760 45,500
9,372 13,750
45,702 8,350
5,967 5,312
8,018 33,125
14,123 17,507
7,810 5,650
673,624 787,316
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