HomeMy WebLinkAboutStaff Report 310-05protect the environmentally sensitive Baylands sites, but also serve as an example of best
management practices for sustainable landscape design and construction techniques.
Toward that end, the Harbor Point and Byxbee Park projects included, among other sustainable
components, a parking surface of crushed· rock mixed with a-non-petroleum based natural resin
binder instead of asphalt. This technology had been used previously for pedestrian paths and
rural maintenance roads· with low intensity levels of use, but not on larger, more highly used
areas such as parking lots. The finished result of the Harbor Point lot was significantly below
expectations, and the paving surface in several areas began to crack and erode.
The City and contractor disputed whether the defects resulted from design defects or contractor
error. On June 21,2004, Council authorized staff to negotiate an agreement with the contractor
to repair the defective portions of the pavement in exchange for the release of retention monies in
the amount of $47,140 and waiver of claims for defective work.
In August 2004, the Community Services Department staff involved in the project, transferred to
the Public Works Department Engineering Division. In the ensuing months Public Works staff
experienced in pavement design met with DES Architects & Engineers, the design consultant for
the project, and Lowney Associates, the geotechnical sub consultant, to discuss potential
solutions to the problem. This group also met at the project site with representatives of the
contractor, Duran & Venables. During these meetings, the City again identified major areas of
the parking lot that were considered unacceptable and asked Duran & Venables for a proposal to
implement repairs. The resulting proposal addresses the entire parking lot rather than only the
areas in immediate need of repair, as the failed areas cover more than 50% of the parking lot
surface: Duran & Venables also included costs for executing the work, which exceed the
available retention funds by $29,822. This proposal has been deemed acceptable by
representatives of both Duran & Venables and City staff involved.
DISCUSSION
The proposed repairs to the Harbor Point parking lot will involve breaking up the entire surface
to a depth of approximately 8 inches, adding a 4Y2% solution of Type IT cement using a high
speed rotary mixer, regrading the surface to achieve positive drainage and recompacting at 95%
relative density. This repair will renovate the entire surface of the Harbor Point parking lot using
sustainable materials as the compacted base rock bound together by a cement additive and the
crushed fines from the original installation does not contain any petroleum products.
Although this method is a preferred sustainable approach, over time the surface may become
uneven and will be structurally inferior to an asphalt concrete pavement surface.
As noted, the original contract amount of $442,000 was supplemented with a change order
contingency of $44,000. During construction of the parking lots, change orders were issued in
the amount of $29,397 to pay for importing and placing additional base rock material over and
above that shown on the plans. The $14,603 remaining in original change order contingency
would be supplemented by the recommended additional $15,219 to cover the amount over and
above the retention that is required to complete the repairs. The close out change order will
provide for Duran & Venables to perform the work on the. terms previously approved by
Council, plus the payment of an additional sum of $29,822.
CMR.:310:05 Page 2 of3
Thousand Six Hundred Sixteen Dollars ($23,342,616) as shown in
Exhibit A.
SECTION 4. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 5. As provided in Section 2.04.330 of the Palo Alto
Municipal Code, this ordinance will take effect upon its adoption.
SECTION 6. The Council finds that the Open Space Parking
Improvements proj ect will replace existing infrastructure
facilities in the same location as the facilities replaced and is
exempt from review under the California Environmental Quality Act
pursuant to Title 14 California Code of Regulations Section 15302.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
APPROVED:
City Manager
Director of Public Works
Director of Administrative
Services
Staff worked closely with the experienced local design firm of DES and in conjunction
with stakeholders including representatives of the windsurfing community and members
of local environmental protection organizations to develop plans that address the needs of
.visitors to the site while protecting the unique habitat of the Nature Preserve. More than
160 participants were· involved in five public meetings to solicit comments and
suggestions during the design development phase, and aesthetic details such as material
colors and protection. of view corridors that were incorporated into -the final approved
design after deliberations at three meetings of the Architectural Review Board.
DISCUSSION
Project Description
The work to oe performed under this contract consists of landscape improvements at
Harbor Point a,nd B yxbee Hills Park parking lots including subgrade preparation, grading,
compacting and resealing parking lot surfaces using sustainable materials, st..riping and
circulation improvements, storm drainage improvements including installation of
vegetated bio-swales and renovation of a bollard and chain barrier between parking lot
perimeters and the marsh, new bike racks and improvements to pedestrian pathways. As
noted above, the work at the Harbor Point (Sailing Station) ·parking lot incorporates
amenities requested by wind surfers and park users during public outreach meetings such
as a protected gravel rigging area, kayak trailer parking and accommodations for extra
long transport vehicles.
If the proposed project was not constructed the surface of each parking lot would remain
in SUbstandard condition until such time as interim grading and patching repairs could be
perfonned, and in the past the City's Public Works street maintenance staff has not been
responsible for roads or parking lots located in areas designated as Open Space.
Bid Process
Summary of Bid Process
Bid NamelNumber IFB # 142146-A Harbor Point & Byxbee Park Parkin~ Lot Improvements
Proposed Length of Project 60 days
No. of Bids Mailed to Contractors 18
No. of Bids Mailed to Builder's Exchanges 2
Total Days to Respond to Bid 28
Pre-Bid Meeting? Yes
Number of Company Attendees at Pre-Bid 2
Number of Bids Received: 5
Bid Price Range From a low of $442,000 to a hi.e;h of $585,073 .. *BId summary proVIded In Attachment B.
Staff has reviewed the low bid of $442,000 submitted by Duran & Venables, Inc. and
recommends that it be accepted and that Duran & Venables, Inc. be declared the lowest
responsible bidder. The bid is 4 percent above the engineer's estimate of $425,000.
CMR:381:03 Page 2 of3
Staff checked references supplied by the contractor for previous work perfonned 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.
RESOURCE IMPACT
Funds for this contract were included in t.~e FY 2002-2003 Capital Improvement Project
budget. The City has been awarded a grant of $179,066 from the Roberti-Z'berg-Harris
Urban Needs Basis grant program of the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Act of 2000 (Proposition 12), which will off-set the
costs o( this project.
POLICY IlVlPLICATIONS
The proposed Harbor Point and Byxbee Park Parking Lot improvements is consistent
will} existing City policy including t.1.e 1991 Baylands Iviaster Plan.
ENVIRONMENTAL REVIEW
This project is Exempt as defined by the California Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A:
Attachment B:
. '
Bid Summary
Contract
CQCR . . PREPARED BY: ________ . _________ -..:. __
CHRIS RAFFERTY
Project Manager, Community Services Department
DEPARTMENT HEAD: ~ ::£: J:i!?
PAUL THILTGEN
. Director, Community Services Department
CITYMANAGERAPPROVAL~. ~
EMIL HARRISON
Assistant City Mana~et·
CMR:381:03 Page 3 of3
CONTRACT No. C04142146
(Public Work)
Community Services Department
This Contract, number C04142146 dated 8-1{tJ3 is entered into by and between the City of Palo Alto, a chartered
city and a municipal corporation of the State of California ("City") ,and Duran & Venables, Inc. ("Contractor}
For and in consideration of the covenants, terms, and conditions (the provisions) of this Contract, City and
Contractor ("the parties") agree:
1. 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.
2. General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in
connection with th.e 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: 8aylands Parking Lots Improvements, Phase One, Invitation for Bid (IFB) Number
142146-A
Bid: $442,000.00
3. 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. .
a. This Contract.
b. Invitation For Bid.
c. Project Specifications.
d. Drawings.
e. Change Orders.
f. Bid..
g. Supplementary Conditions.
h. General Condi"tions.
I. Standard Drawings and Specifications (1999).
j. Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
k. Other Specifications, or part thereof, hot expressly incorporated in the Contract Specifications or
the Standard Drawings and Specifications (1999).
I. Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
4. 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 Standard Drawings and Specifications (1999), or, if no time is stated,
within thirty (30) Days of the date of receipt of Contractor's invoices.
5. 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 behalf. Proof of insurance shall be mailed to the Project Manager to
the address set forth in Section 15 of this Contract.
CITY OF PALO ALTO
rev. 12/00
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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 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, Compen.sation 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.
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
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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:
a. Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
b. 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; ,
c. 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;
d. Any manufacturer's warranty obtained by Contractor shall be obtained or shall be deemed
obtained by Contractor for and in behalf of City.
e.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;
f. Contractor h,as 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;
g. 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;
h. 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;
I. There are no unresolved claims or disputes between Contractor and City which would materially
affect Contractor's ability to perform under the Contract;
j. 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;
k. Contractor and any person performing labor and services under this Project are duly licensed by
the State of California as required by Califomia Business & Professions Code Section 7028, as
amended; and
I. Contractor has fully examined and inspected the Project site and has full knowledge of the
physical conditions of the Project site.
13. Assignment. 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.
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