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July 12~ 19'90
HONORABLE CITY COUNCIL
Palo Alto, California
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Park Equipment Repair Ind Maintenance -Award of Contract
Members of the council:
Purpose
This report requests that Council approve an on-call contract with
Zonqar JOhnson construction for park equipment repair and
maintenance. ThIs is is three year agreement. ... renewable annually"
and not to exceed $52.500. Funds have been budgeted in the Parks
and Golf Division 1990-91 and 1991-92 operatinq budgets and in the
Recreation, Ope~ space and science 1990-91 and 1991-92 operating
budqets.' Funding for the second and. third years is contingent upon·
council approval of the 1991-92 and 1992-93 budgets.
Background
Since 1993, the city bas contracted for park equipment repair and
zaintenance. The bulk of the work involved is for the parks and
Golf Division .. bcwever, Foothills Park and Q,ther open space areas
are also part of the agreement. The rate for the ~irst year is
$40.00 per hour, not to exceed $16~OOO; for the second year, the
rate is $43.20 per hour, not to exceed $17,500; and ror the third
year., the rate is $47.5·0 per hour. not to el!ceed $19,O()O. The
increase each year is based on the contractor's esttmated
inflationary cost increases. Contractors doing similar types of
work regularly charge between $50.00 and $60.00 per hour. ThUS,
the projected rate of $47.50 per hour in the third year of this
agreement is still below today's market rate. Based on this
comparison, staff feels that this is a fair bid.
This contract, 'Which includes maintenance of park furniture,
benches, playground equipment and fences, has been a critical ~art
of park maintenance operations. It bas provided the flexibility
to perform preventive ~aintenance, correct safety hazards and make
repairs in a timely fashion. The ~tract requires response to
routine repairs within seven days and emergency repair ~itbin 24
hours.
A Request for Proposal was sent to three qualified contractors
because there are very few contractors available for this type of
'Work. Only Zongar Johnson constructIon returned a bid. The other
CHR:396:0
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July 12, 1990
Page Two
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contractors chose not to bid because of the small amount of the
contract.. Zonqar Johnson 1s involved in other work with the City I'
and they are able to work this into their schedule at a l~ rate.
They have been providing the city with park equipment repair and
maintenaDC~ services for the past six years. Their r~sponse time
is fa.st and the qualit.y of their work is. excellent. Staff
recommends that they be awarded this contract.
The portion of the contract which will be paId by the Recreation.
Open Space and SCience Division. is $3,0000 for the first year,
$3,300 for the second year, and $),6~O tor the third year. The
balance viII be paid by the Parks and Golf Division.
Recommendation
Staff recommends that the city council~
1. Approve and autborile the Mayor to execute the attached
maintenance contract vith Zonqar Johnson construction in
an amou·nt not t.o exceed $52,50<0 .for park equipment repair
and maintenance.
2. Autbo~ize the City Manager or his designee to negotiate
and execute ~e or more chanqe orders to the maintenance
contract with Zongar Johnson Construction , the value of
whIch shall not exceed $7 ,875.
Respectfully submitted,
tfL-p~&
Paul Dias
Director of Parks and Golf
J~?r~
Assistant City Manager
Attachment: Contract
aid Summary
CMR:J96:0
L
Paa1 Thiltgen
Director of Community Services
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CONTRACT
THIS AGREEMENT is made and e.ntered into. in duplicate" this,,,,,,,,,,,,;::-:_
day of , 19 __ • by and between the. city of Palo Alto,
California, hereinafter called ·City-. and Zocear Johnson Coostrllction
I hereinafter called ·contractor-, vhos~
T~a~xpa~y~e~r-'I~d~e~n·tTt6fTi~c~at"i~=.n=-~u'umber is 502-52-1928
For and in consideration of their mutual covenants, the parties
here~o agree as follows:
1. Contractor shall do all the ~ork and furnish all the materials
necessary to construct and complete in a good... worJailanlike and
substantial manner, and to the satisfaction of the City of Palo
Alto" the following:
PAI[ EQUIPMENT IEPAIR AND M!IiTEN!~CE
2. This contract shall consist of the following doc~ents on tile
with the city Clerk" all of wbicb are incorporated herein and made
a part hereof by reference thereto:
a. This contract
b. Notice Inviting Sealed Proposals
c. Accepted proposal
d. Standard Specifications dated 1972~ as amended I or as
superseded by other documents incorporated herein.
e. General conditions
f. Technical Specifications --Special Provisions
g. certificate of Insurance
b. Per(onnance Bond
i.. Labor and Materials Bond
j. Affirmative Action GUidelines and Compliance Report
k. Any and all supplemental agz:'eemel"lt.s which amend or extend
the work contemplated and which may be required to
complete the work in a substantial and acceptable manner.
3. In consideration of such work, City shall pay contractor the
amount specified in his bid in the manner provided in said Standard
Specifications dated 1972, as amended.
4. Concurrently with the execution o~ thIs ~tract, Contractor
sball provide City with the ContractorYs Labor and Materials and
Faithful Performance Bonds and certificate of insurance, including
any worker's compensation insurance required by tbe law-of the
state of California or otherwise required in said specifications.
5. This contract shall not be assigned by contractor
6. All claims by contractor regarding extra work, charqes# delay
or other disputes arising out of the Contract must be submitted to
City in writing within ten {lO) workinq days after the claim arose,
describinq in detail the nature and .alue of the disputed work or
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, .. Contractor hereby agrees to indemnify, defend and hold harmless
City, its officers, aqents l and employees fr~ any and all demands,
claims Clr liability of any nature" caused by or arising out of
Contractor's" its officers', .agents', or employees· neqligent acts"
etTOrs, or omissions, or willtul aisconduct ... or conduct for which
the law imposes strict liability on contractor in the perofrmance
or nonperformance of this Agreement.
8.. This Agreement represents the entire Aqree.ment between the
parties with respect to the purchase and sale of the equipment,
materials, or supplies or payment for services which may be the
subject of this cOfltracta All prior agreements, representations,
statements, negotiations and undertakings Whether oral or written
are superseded hereby.
9.. ko payment .. partial pay:ment4' accept:ance4' or partial acceptance
by city shall operate as a waiver on the part of City of any of it.s
riqbts under this Contract.
10. Contract.or agrees to pe~It CITY to audit .. at any reasonable
tIme Qurinq the term: of this Agreement and for three (3] years
thereafter, Contractor's records pertaining to matters covered by
thIs Agreement. Contractor further agrees to maintain such records
tor at: least three {J} years after the term of this Agreement.
IN WITNESS-WHEREOF, the Parties bave set their hands all on the
day and year first above written.
ATTEST:
Cit.y Clerk
APPROVED:
cit.y Hanager
Director of Fina4~
Director
Social , CoItU!\unity Services
Risk Manager
APPROVED AS TO FORM:
City Attorney
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CIT'i OF PALO ALTO
By:
'M~a~y~o~r~----------------------
CONTRACTOR:
Name:Zongar Jobnson C~nstrcction
By: Title:---------------------
~02-62-1928
Taxpayer 1.0. No.
DATE: ______________________ __
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