HomeMy WebLinkAbout0261.0911 ~ w
May 23, 1991
THE HONORABLE CITY CCUNCIL
Palo Alto, california
PAAAS PLAYGROUNP AND EOUIPMENT REPLACEMENT r CIP 191Q3 "~D C:t~_J8S1D
AWARD OF coNTRACtS
Members of the Council:
RePOrt in Br ie f
This repo~t recommends that Council award contracts to A-l Fencing
Company in the amount of $44,480 for demolition and replacement of
playground equipment at Eleanor Park, and to Ross Equipment Company
in the amount of $70,805 for demolition and replacement of
playground equipment at Hoover Park. Funds have ~een appropriated
in elP 19103, Playground Fu~iture and Equipment Replacement and
CIP 18S10, '.Parks Site Access for the Disabled.
A survey of all City park facilities in 1989 revealed that certain
park playqround equipment and furniture in the City should be
replaced # and that none of it was handicap accessible. !n many
instances, equipment had been removed and not replaced. CIP
project 19103 identi£ied an initial 13 parks for replacements and
renovations.
DISCUSSION
This project includes improvements to Ele;3.nor and Hoover Park.s,
and the scope of the work includes the removal of existing
equipment and installation of new equipment. FUnds from ClP 18810,
Parks Site Access tor the Disabled, will be used to provide
wheelchair accessible playground equipment. The balance of the
project will be funded from CIP 19103, Playground Furniture and
Equipment Replacement.
Requests for bids vere received from three contractors as shown on
the attached bid summary. Staff's original estimate for both
projects was $140,000. A-l Fencing is the lowest responsible
bidder for Eleanor Park at $44,480. Ross Equipment Company is the
lowest respcnsible bidder for Hoover Park at $70.E05~ Staff has
confidence in both of these contractors~
CHR:261:91
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Mal' 23, 1991
Paqe :2
MCQMJmfPATIQNS
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staff recomDen~s that council:
1. Approve and authorize the Mayor to execute the attached
contract with A-I Fencing, marked -Exhibit A-, in the amount
of $44,.80 tor Playground and Equipment Replacement at Eleanor
Park.
2a Authorize the City Manaqer or his designee to neqotiate
and execute one or more change orders to the construction
contract with A-l Fencing, the value ot all of which
cbange orders shall not exceed $6,600.
3. Approve and authorize the Mayor to execute the attached
contract with Ross Equipment Company, marked -Exhibit 8 ft , in
the ~ount of $70,805 for Playground and Equipment Replacement
at Hoover Park.
C. Authorize the City Manager or his designee to negotiate and
execute one or more chanqe orders to the construction contract
with Ross Equipment Company. the value of which change orders
shall not exceed $10,600.
submitted,
~~~ ---v . paul Thlltgen
Golf Director of community services
Attachments: Bid summary
contract Pages -Exhibit A and Exhibit B
CMR:261:91
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TOTAL 610
Tt~MS I
I DELIVERY
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CONTRACT
THIS AGREEMENT is made and entered rotc, in duprocate, !his day 04 ==-=-__ ,..,...~_ 1 e~ by and between 1he CiIy 04 Palo AlIa, california, hereinafter called
'CITY", and 6-1 fencjDQ Company, herein&fler C8I1ad "ConI> adO!", whose Taxpayer 1denti!ication
Nt.rnber is: 94-2673S01.
WITNESSETH:
For and in consideration 04 !heir mutual covenants, 1he parties hereto agree as fonows:
1. COo 011 lido( shall do as 1he work and furnish iii! 1he materials necassary 10 construcI and
oompIe!e In a good, worlananlike and substantial mamer, and 10 1I'.e sa!isfac!iOn 041he
CfTY, 1he blowing:
[)!img!jIjon and flOplag!mert of Playgroynd Eouipment at E!ej!()Q[ parls.
2. ThIs ~ shall consist 04 the following documents on file with 1he City CleO<. as ct
which are i1corpora1ad herein and made a part here04 by reference 1here!o:
a. lhis Contract
b. Notice Inviting Sealed Bids
C. Accepted Bid
d. SIandard Specificatlons Clated 1972, as amended, or as superseded by other
documents incorporated herein.
e. Technical Specificatlons
l Certificate 04 Ins4.rance
g. Performance Bond
h. L.abor and Materials Bond
i. A/IiJma1ive Action Guiderlll8S and Compliance Report
~ Arrj and as supplemental agreements which amend or extend 1118 work
contemplated and which may be required 10 complete 1he work in a substantial
and acceptable mamer.
3. In consideration 04 such work, CI1Y shall pay Cornractor the amoun! specified In his bid
In 1he mamer proo;icfed i1 said Standard Specificatlons dated 1972, as amended.
4. ConasrentIy with the execution 04 !his Contract. Contractor shall provide CfTY with 1he
Cornractor's Labor and Materials and Faithful Perloon8nce Bonds and certificates 01
i1Surance, incIudlng any workers' compensation insurance required by 1he laws of 1he
State 04 Caflfomia or o1hetwise required in said specifications.
5. ThIs Contract shall not be assigned by Contreclor.
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EXHIBIT .iL
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CONTRACT (Continued) ,
6. All cI8Ims by Con!rador regarding extra WQfk, charges, delay 01 other dispoIes alising OIA
Of1hltContrac:t must be submit'.ed 10 CITY il wrning within Ian (10) WO<I<ingdays aile< 1he
claim arose, ~ il defail1he nature and value Of 1he disputed work or claim
7. Coo oITac1or hereby agrees 10 ndemniIy, defend and hold harmkIss CITY, itS offlcets,
agenIs, and empIoyaes from any and all demands, c!arns or iabilily 01 any nature,
eausecS by or ariSing out Of Contractor's, i!s oI!ice<s', agents', or employees' negrlgent
acIS, 1IITOIlI. or omissions, or wilful miscondud. or conduct for whict1 1he law Imposes
SIl1ct lability on Contractor In !he perIormanoe or failure 10 perform \his Contract
8. This ContracI represents !he entire agreemenl between !he pat1ies with respect 10 the
pwchase and sale oI1he equipment, maIeIials, or supplies or payment for seMces which
may be the sub/eCt Of this Contract. All prior agreMleOIs. representations, statements,
negotiations and undertaki:lgs whether oral 01 written are superseded hereby.
9. No payment, par1iaf payment, accep!SnCe. or partial acc:eptance by CITY shall operate
lIS waiver on \he pan Of CITY Of any Of itS rights under 1his Contract.
10. Contractor ~ 10 permit CITY 10 aucfit. at any reasonable lime during the term Of \his
CorCract and lor 1tne (3) yeEn thereafter. Contractor's records pertaining 10 maIIe<s
CICMIIlId by \his Contract Contractor ~ agrees 10 maintain such records for at least
tlY8e (3) years altar 1he term of this Contract.
IN WITNESS WHEREOF, the parties have set their hands an on !he day and year fitst above
WfitIen.
ATTEST: CITY OF PALO ALTO, CAUFORNlA
~'-------------------MayOl
CONTRACTOR
~'-----------------City Manager Tot!e: ______________ _
Taxpayer 1.0. # ______ _
APPROVED AS TO FORM:
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CONTRACT
nilS AGREEMENT is made and entered into, in dupiicale, Ihis day 01
==-=-_-:-:::-" 19~ by and ~ 111& City 01 Palo Alto, C3Iffomia, herelna!!er called
"CITr, end Boss EqujomeoI Cgmpany, hereinafter called 'Contrac!or", whose Taxpayer
Idelltificallon Number Is: ssm m'W',
WITNESSETH:
For and in consideration 01 their mutual cownan1S, 111& parties h6reto agree as follows:
1. ContJacIor shall do all !he wor1< and furnish a.~ 111& materials necessaty 10 constnJct and
compIeIe in a good, workmanlile and substantial marner, and 10 111& satisfaction 011118
CITY, 111& following:
[)emofotion and P""'!!N!!Tlf!O! gI Plavgrpund Eouipmen! at Hooyer Pads.
2. This Contract shall consist 01111& following documenIs on file wi1h 111& City Clerk, an 01
which are i1corporated herein and made a part hereof by r6feren<:e thereto:
a. This Con1ract
b. Notice Inviting Seaied Bids
c. Accepted Bid
d. Stanaard Specifica!ions dated 1972, as amended, or as superseded by other
documents ~ herein.
e. TecIvlicaI Specificatiolls
f. Certificate 01 Insurance
g. Pertormance Bond
h. labor and Materials Bond
i. Affirmative AcIion Guidennes and Compliance Report
J. My and all supplemenlal agreements which amend or ex1and the WO<k
oontemplated and which may be required to complete 111& wor1< in a substantial
and acceptab!e mamer.
3. In consideration 01 SUCh wor1<, CITY shaI1 pay Contractor !he amount specified in his bid
in !he manner proYicIed in said Stand9rd Specifica1ions dated 1972, as amended.
4. Conc:unently with !he execution 0I1his Contract, Contraclor shall provide CITY with 111&
Contractor's Labor and Materials and FBiIhfu! Performance Bonds and certificates 01
insIxance, inc!uding any WO<kers' compensation ilsurance required by the laws 0I1I1e
Slate 01 Ca/I1omia or otherwise required WI said speci1ications.
5. This Contract shall not be assigned by Contractor.
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CONTRACT (Continued) '-
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AI daIms by Contractor regarding extra WOI1<, charges, delay or other diSpu!e$ arising ~
at the Contract must be SlbnlIIed to CITY in writing within ten {10} working days after 1he
Claim Il1'068, describing in detail the f\IIItxe and value 01 the disputed work or cfaim.
Contrador hereby agrees to i1demniIy, defend and hold harmless CITY, its officers,
agentS, and employees from any and all demands, cfaims or rl8blllty 01 any nature,
caused by or arising out at ContradOt's, its oflicers', agents', or .mployees' negligent
acts, errors, or omissions, or wiIfI.t miseonduct, or conduct for which the law imposes
strfct lability O<l Contractor in the performance or failur. to perlorm this Con!racl
S, This Contract rapresan15 1he entire agreement betwesn the parties with respect to the
purchase and sal. at the equipment, matec'.aIS, or supplies or payment for services which
may be the subject at this Contract All prior agraemants, repr_ otaIions, $laIBm6nts,
negcAiBlions and undetUIkings whether ora! or written are superseded hereby.
9. No payment, partial payment, aoceptanoe, or partial acceptance by CITY shall operate
as walver on 1he pan at CITY 01 any 01 its rights under this Contract.
10. Contrac:Icr agrees to permit CITY to audit, at any reasonable time dumg !he t&ml 0I1his
Contrad and for three ('3) years 1hereefter, ConIractors records pertaining to matters
covered by this Contract Contrador further agrees to maintain such records for at least
1hree (3) years alter the Iefm at this Contract
IN WITNESS WHEREOF, 1he parties have sat their hands an on 1he day and year Iir$t above
written.
ATTEST: CITY OF PAlO AlTO, CAUFORNlA
By:-------------------Mayor
CONTRACTOR
By:
City Manager TIIle: _________ _
Taxpayer 1.0. # _______ _
Director at Fnance APPROVED AS TO FORM:
City AItomey
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