HomeMy WebLinkAbout2004-12-13 City Council (9)City of Palo Alto
City Manager’s Report
~TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:DECEMBER 13, 2004 CMR:495:04
SUBJECT:APPROVAL OF A BUDGET AMENDMENT ORDINANCE IN THE
AMOUNT OF $61,000 FOR INSTALLATION OF IRRIGATION SYSTEM
AND MAXICOM IRRIGATION CONTROLLER; APPROVAL OF
AWARD OF CONTRACT TO B&B LANDSCAPE CONTRACTORS, INC.
IN THE AMOUNT OF $179,000 FOR THE INSTALLATION OF AN
IRRIGATION SYSTEM AND MAXICOM CONTROLLERS AT THE
BAYLANDS ATHLETICCENTER (PG-00010 PARKS FACILIITES
IMPROVEMENTS)
RECOMMENDATION
Staff recommends that Council:
1. Approve the attached Budget Amendment Ordinance (BAO) in the amount of $61,000 to
provide an additional appropriation for the installation of an irrigation system and
Maxicom controllers at the Baylands Athletic Center (PG-00010 Parks Facilities
Improvements).
Approve and authorize the City Manager to execute the attached contract with B&B
Landscaping Contractors, Inc. in the amount of $179,000 for the installation of an
irrigation system and Maxicom controllers at the Baylands Athletic Center.
o Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with B&B Landscaping Contractors, Inc. for related, additional but
unforeseen work which may develop during the project, the total value of which shall not
exceed $17,900.
BACKGROUND
The Baylands Athletic Center has been programmed in the Infrastructure Management Plan for
replacement of its irrigation system. The current irrigation system is 39-years-old, performs
inefficiently and requires frequent repair. A component of the irrigation replacement is the
installation of Maxicom irrigation controller that will be linked to the existing Maxicom
Computerized Water Management Program. The project budget was returned to the
Infrastructure Reserve as part of the Council approved BAO that moved $4,170,957 in unspent
Capital Improvement Program project balances to the Infrastructure Reserve until the project is
CMR:495:04 Page 1 of 3
bid and ready to construct. This request for a "just in time" BAO returns the budget to this
project.
DISCUSSION
Proiect Description
The work to be performed under the contract is for the installation of an irrigation system with
water conserving Maxicom controller at the Baylands Athletic Center. This work was included
in Park Improvement Ordinance No. 4842 adopted by Council on October 4, 2004.
Summary of Bid Process
Bid Name/Number IFB # 108726
Proposed Length of Proiect
No. of Bids Mailed to Contractors
No. of Bids Mailed to Builder’s
Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company Attendees at
Pre-Bid
Number of Bids Received:
Bid Price Range
Installation of irrigation system and Maxicom controllers
at the Baylands Athletic Center
60 days
12
0
42
Yes
3
3
From a low of $179,000 to a high of $189,948
Staff has reviewed all bids submitted and recommends that the low bidof $179,000 submitted by
B&B Landscaping Contractors, Inc. be accepted and that B&B Landscaping Contractors, Inc. be
declared the lowest responsible bidder. The bid is 38 percent above the engineer’s estimate for
construction. The change order amount of $17,900, which is 10 percent of the total contract is
being requested for unforeseen work.
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.
RESOURCE IMPACT
On May 18, 2004, Council approved a BAO in the amount of $4,170,957 (CMR: 273:04). This
BAO returned unspent Capital Improvement Program (CIP) balances to the Infrastructure
Reserve. CIP project PG-00010 returned money to the Infrastructure Reserve (Attachment F),
anticipating that this project would not be ready until FY 2005-06.
The attached BAO will appropriate $61,000 to this project. This is a one-time expense and
future maintenance costs will be included in the operating budget.
PROJECT REVIEW
This project was initially budgeted in FY 03-04.
requiring review by boards or commissions.
This project does not contain any elements
CMR:495:04 Page 2 of 3
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Budget Amendment Ordinance
Budget Amendment Ordinances Impacting Infrastructure Reserve
Approved ’To Date In 2004-05
Contract
Bid Summary
CIP Description Page
Schedule of CIP Project Balances to Return to their Respective Reserves
PREPARED BY:
DON PIANA
Parks Superimendem
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
RICHARD JAMES
Director of Community Services
Assistant City Manager
CMR:495:04 Page 3 of 3
Attachment A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2004-05 TO
PROVIDE AN ADDITIONAL APPROPRIATIONOF $61,000 FROM THE
INFRASTRUCTURE RESERVE INTO CAPITALIMPROVEMENT PROGRAM-
(CIP)PROJECT NUMBER PG-00010,PARK~ FACILITIES
IMPROVEMENTS
The Council of the City of Palo Alto does ordain as
follows:
SECTION i. The City 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 28, 2004
did adopt a budget for fiscal year 2004-05; and
B. CIP Project Number PG-00010, Park Facilities~ Improvements
had a remaining unspent appropriation .of One Million Eighty Two
Thousand Dollars ($1,082,000) in fiscal year 2003-04; and
C. This unspent appropriation was returned to the
Infrastructure Reserve pursuant to Budget Amendment Ordinance 4834
approved on May 18,2004 (CMR: 273:04); and
D. The Baylands Athletic Center has a present need to replace
its existing 39-year-old irrigation system because of inefficiency
and frequent repair needs; and
E. An additional appropriation of Sixty One Thousand Dollars
($61,000) is needed to provide funds to replace the existing
irrigation system.; and
F. The additional appropriation of funds is for one-time
expenditures and future year General Fund ongoing costs will be
included in the operating budget; and
G. City Council authorization is needed to amend the 2004-05
budget as hereinafter set forth.
SECTION 2. The sum of Sixty One Thousand Dollars ($61,000) is
hereby appropriated to CIP PG-00010, Park Facilities Improvements.
SECTION 3. The Infrastructure Reserve is hereby decreased by
Sixty One Thousand Dollars ($61,000) with a remaining balance of
Thirty Five Million Eight Hundred Twenty Thousand ($35,820,000) as
shown in Exhibit B.
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 Baylands Athletic
Center irrigation replacement project will replace existing
irrigation facilities 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:
Mayor
APPROVED:
City Attorney City Manager
Director of Community Services
Director of Administrative
Services
Attachment B
Balance
Less: Additional Appropriation
PG.00010 Park Facilities Improvements (Baylands Athletic
Center)
$35,881,000
($61,000)
Reserve Balance After BAO’s I $~,~o, ooo I
Attachment C
~ORMAL CONTRACT
CONTRACT No. C05108726
(Public Work)
Community Services Department/Infrastructure
SECTION 500
This Contract, number dated 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 B & B Landscape Contractors
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
term nat on of .th s Contract.
General Scope of Protect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the Work required herein 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:Installation of Irrigation System and Maxicom Controllers at Baylands Athletic
Center, Invitation for Bids (IFB) Number 108726.
Bid:$179,000
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.
Standard Drawings and Specifications (1999).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or
the Standard Drawings and Specifications (1999).
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 Standard Drawings and Specifications (1999), 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 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 IFB NO. 108726 PAGE 1 OF 7rev. 12/00
~ORMAL CONTRACT SECTION 500
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 Con.tractor’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 breachof 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 tothe 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 IFB NO. 108726 PAGE 2 OF7
rev. 12/00
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;
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;
do 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;
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 byCalifornia 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.Assi.qnment. 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.
CITY OF PALO ALTO IFB NO. 108726
rev. 12/o0
PAGE 3 OF 7
15.
16.
Audits by 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.
Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders,
consents, designations, notices, offers, requests and statements given by either party to the other shallbe
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
Community Services Department
1305 Middlefield Road
Palo Alto, CA 94301
To Contractor:
Attn: Don Piana, Project Manager
B & B Landscape Contractors, Inc.
450 Phelan Avenue
San Jose, CA 95112
Attn: George Burn, President
17.
18.
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 !onger
available. This Section 16 shall control in the event of a conflict with any other provision of this Contract.
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.
do 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.
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 IFB NO. 108726
rev. 12/0o
PAGE 4 OF 7
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 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 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 ende.avor 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 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
CITY OF PALO ALTO IFB NO. 108726 PAGE 5 OF 7rev, 12/oo
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 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.
A’FrEST:CITY OF PALO ALTO
APPROVED AS TO FORM:
City Clerk By:.
Its Mayor
Senior Assistant City Attorney
APPROVED:
_Assistant City Manager
B & B Landscape Contractors, Inc.
By:
Name:
Director of Community Services Title:
Director of Administrative Services
Contract Manager (Insurance Review)
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 IFB NO. 108726
rev. 12/oo PAGE 6 OF 7
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
subscribedto the within instrument and acknowledged to me that he/she/they executed the same in
hi~/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 IFB NO. 108726 PAGE 7 OF 7
rev. 12/00
CERTIFICATION OF NONDISCRIMINATION SECTION 410
Certification of Nondiscrimination
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
hereby certify:
a)that they are currently in compliance with all federal and state of California laws
covering nondiscrimination in employment; and
b)that, if awarded the contract, the proposer will not discriminate in employment of any
person under the contract because of race, color, national odgin or ancestry, religion,
disability, gender or marital status of such person.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
Firm: B & B Landscape Contractors, Inc.
Signature:~~-4~/¢-~~~--
Name: George Brunn
(PRINT OR TYPE NAME)
Signature:
Name:
Note:
Reinhold Brunn
(PRINT OR TYPE NAME)
California Corporations Code Section 313 requires two corporate officers to execute
contracts.
*The signature of First Officer* must be one of the following: Chairman of the
Board; President; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary;
Assistant Secretary; Chief Financial Officer," or Assistant Treasurer.
(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 RFP NO 108726 PAGE 1 OF 1
Attachment D
BID SUMMARY SHEET
Installation of Irrigation System & Maxicom Controllers
At Baylands Athletic Center
Invitation for Bids (IFB) No. 108726
Scapes, Inc. (Half Moon Bay, CA)
Watskins & Bortolucci, Inc. (San Rafael, CA)
B & B Landscape Contractors (San Jose, CA)
$189,948
$183,380
$179,000
Attachment E
Park Facilities Improvements (PG-00010)
Continuing--Infrastructure: Parks and Open Space
(FORMERLY PROJECT #10010)
PROJECT DESCRIPTION
This project will upgrade and/or renovate playground areas, picnic areas, athletic fields, park benches, bleachers, soft-
ball outfield and soccer fencing, irrigation systems, and signs in City parks. This project also provides for lighting repair
and improvements in parks, as well as sign on pathway repairs at communist centers, libraries, and fire stations and City
tennis and basketball court resurfacing projects.
PROJECT JUSTIFICATION
This project will enhance the safety, quality, and condition of City parks and facilities as well as address legal and gov-
ernmental mandates. Playground areas have old or ADA inaccessible play equipment. Additionally, lighting does not
exist in most parks and where it does, fixtures are old and replacement parts are not available. Park and other facility
pathways are in need of repair due to base failures, lack of maintenance, and tree root invasion. Picnic areas are old and
dilapidated and are not accessible to persons with disabilities. Signage and fences are also in need of refurbishment or
replacement. Project sustainability elements include Picnic Facility and amenities.
PROJECTSTATUS
In FY 2004-05, there will be four park renovations and the Baylands Athletic Center renovation.
2004-05 Budget City of Palo Al~o 35
Park Facilities Improvements (PG-00010)
continued
lP
FUTURE FINANCIAL REQUIREMENTS
FISCAL YEAR
PY Budget
PY Actuals
Actuals as of
Date
2004-05
2005-06
2006-07
2007-08
2008-09
AMOUNT
$1,906,450
$1,407,820
12/31/03
$1,160,000
$1,158,000
$1,085,000
$1,138,000
Sources of Funding: Capital Fund
COMPONENTS
Boulware, Cogswell, Hoover maintenance renovations. Rinconada Park mainte-
nance renovations and lighting repairs.
Hopkins, Ramos, Terman Parks, Lytton Plaza maintenance and renovations;
miscellaneous community center walkways, benches, fences, trash receptacles,
etc.
E1 Camino, Peers, Wallis parks renovations; miscellaneous benches, signs and
fencing at community facilities.
Hoover Park; Fire Stations 1-4; Mitchell Park and Downtown Libraries; miscel-
laneous community Center paving, softscape, equipment and furnishings.
IMPACT AND SUPPORT ANALYSIS
Environmental:
Design Elements:
Operating:
Categorically exempt from CEQA under Section 15301.
Site and design review by the ARB, PTC, and City Council are required for all projects in
the Baylands. Project should be coordinated with the updated Baylands Master Plan and
pending Design Guidelines.
Improvements have historically resulted in increased maintenance costs which are to be
determined.
Telecommunications: None
COMPREHENSIVE PLAN
The Comprehesive Plan furthers Policy C-22, C-24, C-26 and Program C-19 of the Comprehensive Plan.
Managing Department: Community Services
36 City of Palo Alto 2004-05Budget
Attachment F
CIP Project Balances to return to Reserves
Fiscal Year 2003-04
Enhancements
Open Space Trails & Amenities
Open Space Parkin8 Improvements
Civic Center Plaza Waterproofin~
Lucie Stem Community Center Improveraents
Cubberley Bld~ I Air Conditioninl~
Medians/Island/Planters
Park Facilities Improvements
El Camino Median Landscape
Athletic Held Artificial Tuff/Li[,htin[~
School Site Irri[gation
Mitchell Park Facililites Improvements
ECR/Ventura Signal
General Fund
CA-O1014 32,458 BSR
hffrastmctum
OS-00001 122,637 Reserve
Infrastructure
OS-00003 117,480 Reserve
General Fund
PE-95012 118,021 BSR
InfrasLmctur¢
PF-O1005 266,891 Reserve
]~frastractum
PF-04012 154,808 Reserve
]~rasL,’uctur¢
PG-00009 458,000 Reserve
]~ffrastmctum
PG-00010 1,082,000 Reserve
IL~’rasLm cture
PG-OI013 948,000 Reserve
~’rasL,’uctum
PG-O4010 154,652 Reserve
]~frastractum
PG-98001 121,000 Reserve
]~’rastructur~
PG-98003 684,490 Reserve
]nfrastractur~
PL-02005 60,999 Reserve
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General Fund BSR.
Infrastructure Reserve.
Infrastructure Reserve.
General Fund BSR.
Infrastructure Reserve.
Infrastructure Reserve.
Infrastructure Reserve.
Infrastructure Reserve.
Infrastructure Reserve.
Infrastructure Reserve.
Infrastructure Reserve.
Infrastructure Reserve.
Infrastructure Reserve.
4~321,436