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HomeMy WebLinkAboutItem 6e. Award a Construction Contract for the North Broad Street Neighborhood Park Project (Spec. No. 91683) Item 6e Department: Public Works Cost Center: 5005 For Agenda of: 7/11/2023 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Nathan Garcia Nava, Engineer I SUBJECT: AWARD A CONSTRUCTION CONTRACT FOR THE NORTH BROAD STREET NEIGHBORHOOD PARK, SPECIFICATION NUMBER 91683 RECOMMENDATION 1. Award a Construction Contract to Brough Construction, Inc. in the amount of $1,441,117 for the North Broad Street Neighborhood Park Project, Specification Number 91683; and 2. Approve a Budget Transfer of $750,000 from the Parks and Recreation General Plan Implementation project account (2000526-01) to the North Broad Street Neighborhood Park project account (2091683) POLICY CONTEXT On July 6, 2021, City Council approved the Parks and Recreation Blueprint for the Future 2021-41: Parks and Recreation Plan and General Plan which lists the North Broad Street Neighborhood Park as one of the projects that will be implemented. On February 7, 2023, City Council authorized the invitation of bids for the North Broad Street Neighborhood Park project. Award of the project contract requires consideration and approval by Council if the construction bids are higher than the engineer’s estimate. DISCUSSION Background Implementation of a new neighborhood park in the North Broad Street area was initiated by City Council as a part of the 2018 Financial Plan Budget Supplement. The project converts an existing community garden into a neighborhood park at 533 Broad Street and features raised garden planters, ADA pathways, open turf space, playground equipment, a shade structure, a hydration station, and pathway lights. On February 7, 2023, City Council authorized the invitation of bids for the North Broad Street Neighborhood Park project. On April 27, 2023, a bid opening was held where no bids were received (Attachment A). Based on input from contractors that were interested in the project but did not bid, staff broadened the contractor qualification requirements and readvertised for bids. Page 53 of 165 Item 6e The amended bid package did not modify the City’s contract terms or lower the standards for contractor qualification; it only broadened one of the required references, from experience constructing a public park or playground to experience with landscaping or irrigation installation, which better fit the scope of work. The project went out to bid a second time on May 4, 2023, and on May 25, 2023, a bid opening was held where one bid was received (Attachment B). The bid was submitted by Brough Construction, Inc. and came in at a price of $1,441,117 which was well over the engineer’s estimate of $775,000. Table 1: Bid results for bid opening on May 25, 2023. Engineer’s Estimate Brough Construction, Inc. $775,000 $1,441,117 The bid price may be attributed to overall construction cost escalation and the lack of bid competitiveness as demonstrated by no initial bids received after the first advertisement and only one bid received with the second advertisement. Without two bids to compare, it is not clear if Brough’s bid represents an economical price for the work or if the price is inflated. Although the bid from Brough Construction, Inc. was over the engineer’s estimate, staff is recommending award of the contract (Attachment C) and transferring $750,000 to the project account from the Parks and Recreation General Plan Implementation project account to fund the project as described in the Fiscal impact section of this report. Staff could choose to award the project at a later date in hopes of getting lower bids but there is no certainty that lower bids will be received and there is a risk that bids will escalate. Previous Council or Advisory Body Action On November 6, 2019, the Parks and Recreation Commission conducted a public hearing for final review of the proposed North Broad Street Neighborhood Park layout. On January 27, 2021, the Planning Commission reviewed the project design and considered all aspects of the project entitlement components including the General Plan Amendment, Rezone, parking reduction, improvements within City right-of-way, and associated environmental review Initial Study-Mitigated Negative Declaration (IS-MND). On March 2, 2021, the City Council reviewed and approved the General Plan Amendment and Rezone for the neighborhood park including adoption of the Final Initial Study Mitigated Negative Declaration(IS-MND). On July 6, 2021, City Council approved the Parks and Recreation Blueprint for the Future: 2021-2041 that supersedes the 2001 Parks and Recreation Master Plan. On February 7, 2023, City Council authorized the invitation of bids for the North Broad Street Neighborhood Park project. On June 6, 2023, Council adopted its 2023-25 Financial Plan. Page 54 of 165 Item 6e Public Engagement During the initial design process, several public outreach events were conducted to gather public input on which potential recreation amenities had the most public interest. The City used concept boards to allow participants to indicate their preference and concept cards were provided to allow participants to include features that were not included on the boards. Additionally, during the environmental review process, public outreach was done during the circulation of the Initial Study Mitigated Negative Declaration (IS-MND). CONCURRENCE This project has been reviewed by various City Departments and divisions such as Parks and Recreation, planning, Engineering, Transportation, Building, City Arborist, Natural Resources, and Police. A building permit will be obtained prior to the start of construction and will be issued to the contractor following the award of a construction contract. All comments and conditions associated with the entitlement and building, a nd safety reviews of the project have been incorporated into the final design of the project. ENVIRONMENTAL REVIEW An Initial Study (IS) was prepared in accordance with the California Environmental Quality Act (CEQA) that led to the adoption of a Mitigated Negative Declaration (MND) on March 2, 2021. The IS-MND introduced mitigation measures that were incorporated into the project design to reduce the potential environmental effects. FISCAL IMPACT Budgeted: Yes Budget Year: 2022-23 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund: Capital Outlay Fund LRM $118,533.81 $0 $0 $0 Other: Parkland In-Lieu Fee (Quimby Fund) $606,748.84 $0 $0 $0 Other: Capital Projects Reserve Fund Fiscal Year 2022-23 $200,000 $0 $0 $0 Other: 1000526 Project account $1,089,166.15 $750,000 $339,166.151 $0 Total $2,014,448.80 $750,000 $339,166.15 $0 1 The Parks and Recreation General Implementation project had a balance of $289,166.15 at the end of FY 2022-23 and Council added an additional $800,000 to the project via adoption of the 2023-25 Financial Plan. Page 55 of 165 Item 6e The project was budgeted for design during the 2018-19 Supplemental Budget with additional funding allocated in the 2021-23 Financial Plan. With authorization to advertise the project, staff received approval from Council to appropriate $200,000 from the Capital Projects Reserve Fund to support the anticipated rise in construction cost that was unprecedented during the initial budgeting of the project. The balance of the Capital Reserve Fund after the approval of the request was $218,708. The Capital Projects Reserve Fund received an allocation of $4,000,000 with the approval of the 2023 -25 Financial Plan which was appropriated on July 1, 2023. In order to award the contract, staff is requesting an additional $750,000 be transferred to the project from the Parks and Recreation General Plan Implementation Project account (10000526-01), which consists of Parkland Development funds. The Parkland Development Fund provides budget for maintenance, improvement, or development of existing or future City Parks. The 2023-25 Financial plan allocates $800,000 in Parkland Development Funding to the Parks and Recreation General Plan Implementation Project. This project is intended to deliver parks projects identified in the Parks and Recreation Blueprint for the Future plan, which was adopted by Council in July 2021. The North Broad Street Neighborhood Park was identified in the plan (page 132) as a near -term project meaning it is expected to be completed within the next five years. It should be noted that construction of the North Broad Street Neighborhood Park will increase operating budget costs in the Parks Maintenance Program. Those costs are estimated at $32,000 a year and are not currently funded in the 2023-25 Financial Plan. Funding for maintenance operations will be requested in future budgets to support this park. The $800,000 in Parkland Development Funding in the Parks and Recreation General Plan Implementation Project was planned to be used for implementation of the Laguna Lake Park Improvements, and specifically to support the upgrades to the Laguna Lake Dog Park Project in FY 2023-24. The Laguna Lake Dog Park Project has been reviewed by the Parks and Recreation Commission with subsequent meetings shifting focus to public input on design components for the park. The project takes the existing off-leash dog area in Laguna Lake and revitalize it with possible amenities such as separated dog areas, fenced perimeter, additional seating, double gated entry, and inclusion of hydration stations with dog bowl option. During review of the 50% plans and estimate, staff found that the project is over budget of the allocated $800,000 for construction, and amenities need to be scaled back or phased in to accommodate funding constraints. It is estimated that construction will begin in Spring 2024, and at th at time staff will provide Council with a funding plan for implementation to be approved for the Laguna Lake Dog Park. Page 56 of 165 Item 6e North Broad Street Park account (2091683) Capital Reserve Fiscal Year 2022- 23 Parks and Recreation General Plan Implementation account (1000526-01) Parkland In-Lieu Fee Fund Capital Outlay Fund Capital Outlay Fund - LRM Bid total $725,283 $200,000 $515,834 $1,441,117 Contingencies (17%)$0 $0 $216,167 $216,167 Total Construction Estimate $725,283 $200,000 $732,001 $1,657,284 Materials Testing:$0 $0 $10,500 $10,500 Construction Management $0 $0 $7,000 $7,000 Printing:$0 $0 $499 $499 Total Project Estimate $725,283 $200,000 $750,000 $1,675,283 Current Project Balance:$725,283 $0 $1,089,166 $1,814,449 Previously Requested Fund Balance $0 $200,000 $0 $200,000 New Requested Funding $0 $0 $750,000 $750,000 Funds Remaining $0 $0 $339,166 $0 North Broad Street Neighborhood Park, Specification No. 91863 Project Total Costs * $200,000 was appropriated from the Fiscal year 2022-23 Capital Project Reserve Fund on February 7, 2023 as part of the item 6d. ALTERNATIVES 1. Deny the award of the construction contract and defer the project for readvertisement in the spring of 2024. Council may choose to not award the contract at this time, reject all bids, and defer the project for readvertisement in Spring 2024. Staff does not recommend this option as it would further delay construction of this approved project from the 2017-19 and 2019-21 Financial Plans. The risk as well is that project costs continue to rise and the City receives bids higher than the above from Brough. 2. Deny the use of Quimby funds and approve the use of the Capital Reserves fund. Council can deny the use of the Quimby funds from The Parks and Recreation Master Plan Implementation Project account and opt instead to use the Capital Project Reserve Fund. Staff does not recommend this option as the reserves fund supplements projects in the general fund and using those funds woul d reduce available reserves. Additionally, the Quimby fund is intended to support Park Page 57 of 165 Item 6e projects and has sufficient funding available within the existing Parks and Recreation Plan Implementation Project. 3. Deny the award of the construction contract and cancel or defer the project to a future budget cycle. City Council may choose to not award the contract, reject all bids, cancel the project entirely, or defer the project for a future budget cycle. Staff does not recommend this option because the project which was identified as a near term project in the Council approved Parks and Recreation Blueprint for the Future. ATTACHMENTS A - Bid Results from the 1st Advertisement B - Bid Results from the 2nd Advertisement C - Draft Construction Contract with Brough Construction, Inc. Page 58 of 165 Bid Opening: 04/27/23Item # Item Description Unit of Measure Estimated Quanity Item price Total1 Traffic Control Systems LS 1 --- ---2 Caltrans Encroachment Permit Compliance LS 1 --- ---3 Temporary Erosion Control LS 1 --- ---4 Water Pollution Control LS 1 --- ---5 Cap and Abandon 3/4" Service Lateral and RemoveMeter (City Std 6050)LS 1 --- ---6 Remove Hose Bib, Cap and Abandon Supply Line (City Std 6050)LS 1 --- ---7 Abandon Existing Sewer Laterals (City Std 6050) –4total LS 1 --- ---8 Sawcut and Remove Concrete Sidewalk, Apron, and Driveway SQFT 551 --- ---9 Sawcut and Remove Concrete Curb & Gutter LF 14 --- ---10 Sawcut and Remove Asphalt Concrete SQFT 28 --- ---11 Remove Existing Sidewalk Guardrail LS 1 --- ---12 Tree Protection LS 1 --- ---13 Site Clearing and Grubbing LS 1 --- --- 14 Project Site Excavation CY 400 --- --- 15 Native Material Backfill CY 145 --- --- 16 Imported Backfill CY 245 --- --- 17 1" Water Service and Meter (City Std 6210) LS 1 --- --- 18 NDS 9" Catch Basin with Atrium Grate EA 4 --- --- 19 NDS 9" Catch Basin with Square Grate EA 1 --- --- 20 6" PVC Storm Drain Pipe LF 150 --- --- 21 Flared End Outlet and Rip-Rap Pad LS 1 --- --- 22 Class II Aggregate Base (under concrete areas) CY 65 --- --- 23 Asphalt Pavement Repair (Surface Restoration) (City Std 7110) (10-inch minimum thickness)SQFT 28 --- --- 24 Minor Concrete - Curb & Gutter (City Std 4030) LF 14 --- --- 25 Minor Concrete - 6" Thick Reinforced Concrete Paving and Thickened Edge (where shown) (Modified City Std 4110) SQFT 2205 --- --- 26 Minor Concrete - 4" Thick Reinforced Concrete Walk and Thickened Edge (where shown) (Modified City Std 4110) SQFT 2640 --- --- 27 Minor Concrete - 4" Thick Unreinforced Concrete Sidewalk (City Std 4110)SQFT 395 --- --- 28 Minor Concrete - 8" Wide Reinforced Concrete Mow Curb (Modified City Std 8710)LF 210 --- --- 29 Minor Concrete - 6" Wide Reinforced Concrete Mow Curb (Modified City Std 8710)LF 162 --- --- 30 Minor Concrete - Accessible Ramped Edge at Play Area LF 58 --- --- 31 Minor Concrete - Accessible Safety Surface Ramped Edge at Play Area LF 25 --- --- 32 Sidewalk Guardrail (Modified City Std 4240) LF 20 --- --- 33 42" High Steel Pedestrian Barrier Fence with Gate and Lock LF 118 --- --- 34 36" High Steel Pedestrian Barrier Fence LF 191 --- --- 35 6' High Steel Security Barrier Fence LF 384 --- --- 36 Paint Curb Red LF 187 --- --- 37 Roadside Sign (No U-Turn) (City Std 7210) EA 1 --- --- 38 Roadside Sign (No Parking) (City Std 7210) EA 1 --- --- 39 Park Signage LS 1 --- --- 40 Entry Trellis w/ Custom Signage LS 1 --- --- 41 Garden Walk (Granite, Base, and Fabric) SQFT 2061 --- --- 42 Engineered Wood Fiber Safety Surface, Felt, and Drain SQFT 811 --- --- 43 Spectraturf Safety Surfacing (including base materials, felt and drain)SQFT 150 --- --- 44 Bike Rack EA 2 --- --- 45 Two-Story Shed "Little Free Library" LS 1 --- --- 46 Compost Bin EA 5 --- --- 47 Hydration Station and Percolation Well LS 1 --- --- 48 Tri Net Climber EA 1 --- --- 49 Kid Spinner EA 1 --- --- 50 Shade Sail Structure EA 1 --- --- 51 Tree Grate (Modified City Std 8130) EA 2 --- --- 52 8' Picnic Table EA 2 --- --- 53 Round Patio Table (3-chair) EA 2 --- --- 54 Round Patio Table (4-chair) EA 1 --- --- 55 City Standard Bench and Concrete Pad (were shown) (Modified City Std 9040)EA 8 --- --- 56 Trash Container and Concrete Pad (Where Shown) (Modified City Std 9040)EA 6 --- --- 57 Custom Precast Concrete Cornhole Boards EA 4 --- --- 58 Landscape Boulders LS 1 --- --- 59 Potting Bench EA 2 --- --- 60 Dog Waste Station EA 1 --- --- 61 4' x 8' Raised Garden Planter EA 12 --- --- 62 3' x 4' ADA Garden Planter EA 6 --- --- 63 Irrigation System LS 1 --- --- 64 Landscaping LS 1 --- --- 65 Plant Establishment Work Month 12 --- --- 66 Path Lights (City Std 7905) EA 4 --- --- 67 Combination Path Light and Camera Assembly (Modified City Std 7905)EA 1 --- --- 68 PGE Coordination LS 1 --- --- 69 Site Electrical LS 1 --- --- 70 Archeological Monitoring Plan Compliance LS 1 --- --- $775,000.00Total Bid Amount *** THERE WERE NO BID PACKAGES SUBMITTED FOR THIS PROJECT*** Engineer's Estimate NORTH BROAD STREET NEIGHBORHOOD PARK, SPECIFICATION NO. 91683 Page 59 of 165 Page 60 of 165 Bid Opening: 04/27/23Item # Item Description Unit of Measure Estimated Quanity Item price Total 1 Traffic Control Systems LS 1 --- $22,000.00 2 Caltrans Encroachment Permit Compliance LS 1 --- $3,000.00 3 Temporary Erosion Control LS 1 --- $25,000.00 4 Water Pollution Control LS 1 --- $9,800.00 5 Cap and Abandon 3/4" Service Lateral and Remove Meter (City Std 6050)LS 1 --- $10,000.00 6 Remove Hose Bib, Cap and Abandon Supply Line (City Std 6050)LS 1 --- $2,300.00 7 Abandon Existing Sewer Laterals (City Std 6050) – 4 total LS 1 --- $16,000.00 8 Sawcut and Remove Concrete Sidewalk, Apron, and Driveway SQFT 551 $10.00 $5,510.00 9 Sawcut and Remove Concrete Curb & Gutter LF 14 $95.00 $1,330.00 10 Sawcut and Remove Asphalt Concrete SQFT 28 $47.00 $1,316.00 11 Remove Existing Sidewalk Guardrail LS 1 --- $1,000.00 12 Tree Protection LS 1 --- $7,000.00 13 Site Clearing and Grubbing LS 1 --- $14,000.00 14 Project Site Excavation CY 400 $160.00 $64,000.00 15 Native Material Backfill CY 145 $78.00 $11,310.00 16 Imported Backfill CY 245 $150.00 $36,750.00 17 1" Water Service and Meter (City Std 6210) LS 1 --- $13,000.00 18 NDS 9" Catch Basin with Atrium Grate EA 4 $1,400.00 $5,600.00 19 NDS 9" Catch Basin with Square Grate EA 1 $1,400.00 $1,400.00 20 6" PVC Storm Drain Pipe LF 150 $50.00 $7,500.00 21 Flared End Outlet and Rip-Rap Pad LS 1 --- $4,000.00 22 Class II Aggregate Base (under concrete areas) CY 65 $375.00 $24,375.00 23 Asphalt Pavement Repair (Surface Restoration) (City Std 7110) (10-inch minimum thickness)SQFT 28 $140.00 $3,920.00 24 Minor Concrete - Curb & Gutter (City Std 4030) LF 14 $160.00 $2,240.00 25 Minor Concrete - 6" Thick Reinforced Concrete Paving and Thickened Edge (where shown) (Modified City Std 4110) SQFT 2205 $25.00 $55,125.00 26 Minor Concrete - 4" Thick Reinforced Concrete Walk and Thickened Edge (where shown) (Modified City Std 4110) SQFT 2640 $14.00 $36,960.00 27 Minor Concrete - 4" Thick Unreinforced Concrete Sidewalk (City Std 4110)SQFT 395 $14.00 $5,530.00 28 Minor Concrete - 8" Wide Reinforced Concrete Mow Curb (Modified City Std 8710)LF 210 $48.00 $10,080.00 29 Minor Concrete - 6" Wide Reinforced Concrete Mow Curb (Modified City Std 8710)LF 162 $47.00 $7,614.00 30 Minor Concrete - Accessible Ramped Edge at Play Area LF 58 $120.00 $6,960.00 31 Minor Concrete - Accessible Safety Surface Ramped Edge at Play Area LF 25 $120.00 $3,000.00 32 Sidewalk Guardrail (Modified City Std 4240) LF 20 $475.00 $9,500.00 33 42" High Steel Pedestrian Barrier Fence with Gate and Lock LF 118 $110.00 $12,980.00 34 36" High Steel Pedestrian Barrier Fence LF 191 $105.00 $20,055.00 35 6' High Steel Security Barrier Fence LF 384 $120.00 $46,080.00 36 Paint Curb Red LF 187 $7.00 $1,309.00 37 Roadside Sign (No U-Turn) (City Std 7210) EA 1 $500.00 $500.00 38 Roadside Sign (No Parking) (City Std 7210) EA 1 $500.00 $500.00 39 Park Signage LS 1 --- $4,000.00 40 Entry Trellis w/ Custom Signage LS 1 --- $16,000.00 41 Garden Walk (Granite, Base, and Fabric) SQFT 2061 $16.00 $32,976.00 42 Engineered Wood Fiber Safety Surface, Felt, and Drain SQFT 811 $27.00 $21,897.00 43 Spectraturf Safety Surfacing (including base materials, felt and drain)SQFT 150 $345.00 $51,750.00 44 Bike Rack EA 2 $1,900.00 $3,800.00 45 Two-Story Shed "Little Free Library" LS 1 --- $4,500.00 46 Compost Bin EA 5 $550.00 $2,750.00 47 Hydration Station and Percolation Well LS 1 ---$16,000.00 48 Tri Net Climber EA 1 $36,000.00 $36,000.00 49 Kid Spinner EA 1 $13,000.00 $13,000.00 50 Shade Sail Structure EA 1 $50,000.00 $50,000.00 51 Tree Grate (Modified City Std 8130) EA 2 $2,500.00 $5,000.00 52 8' Picnic Table EA 2 $6,500.00 $13,000.00 53 Round Patio Table (3-chair) EA 2 $5,800.00 $11,600.00 54 Round Patio Table (4-chair) EA 1 $5,900.00 $5,900.00 55 City Standard Bench and Concrete Pad (were shown) (Modified City Std 9040)EA 8 $6,500.00 $52,000.00 56 Trash Container and Concrete Pad (Where Shown) (Modified City Std 9040)EA 6 $6,400.00 $38,400.00 57 Custom Precast Concrete Cornhole Boards EA 4 $3,500.00 $14,000.00 58 Landscape Boulders LS 1 --- $19,000.00 59 Potting Bench EA 2 $1,400.00 $2,800.00 60 Dog Waste Station EA 1 $2,000.00 $2,000.00 61 4' x 8' Raised Garden Planter EA 12 $2,800.00 $33,600.00 62 3' x 4' ADA Garden Planter EA 6 $3,000.00 $18,000.00 63 Irrigation System LS 1 --- $125,000.00 64 Landscaping LS 1 --- $144,000.00 65 Plant Establishment Work Month 12 $3,400.00 $40,800.00 66 Path Lights (City Std 7905) EA 4 $10,000.00 $40,000.00 67 Combination Path Light and Camera Assembly (Modified City Std 7905)EA 1 $24,000.00 $24,000.00 68 PGE Coordination LS 1 --- $13,000.00 69 Site Electrical LS 1 --- $70,000.00 70 Archeological Monitoring Plan Compliance LS 1 --- $7,800.00 $1,441,117.00 NORTH BROAD STREET NEIGHBORHOOD PARK, SPECIFICATION NO. 91683 Total Bid Amount Brough Construction, Inc. Page 61 of 165 Page 62 of 165 AGREEMENT THIS AGREEMENT, made on __________________________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and BROUGH CONSTRUCTION, INC. (hereinafter called the Contractor). WITNESSETH: That the Owner and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of NORTH BROAD STREET NEIGHBORHOOD PARK, SPEC NO. 91683 in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives. ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows: Item No. Item Description Unit of Measure Estimated Quantity Item Price (in figures) Total (in figures) 1 Traffic Control Systems LS 1 --- $22,000.00 2 Caltrans Encroachment Permit LS 1 --- $3,000.00 3 Temporary Erosion Control LS 1 --- $25,000.00 4 Water Pollution Control LS 1 --- $9,800.00 5 Cap and Abandon 3/4" Service Lateral and Remove Meter (City Std 6050) EA 1 --- $10,000.00 6 Remove Hose Bib, Cap and Abandon Supply Line (City Std 6050) EA 1 --- $2,300.00 7 Abandon Existing Sewer Lateral (City Std 6050) EA 1 --- $16,000.00 8 Sawcut and Remove Concrete Sidewalk, Apron, and Driveway SF 551 $10.00 $5,510.00 9 Sawcut and Remove Concrete Curb & Gutter LF 14 $95.00 $1,330.00 10 Sawcut and Remove Asphalt Concrete SF 28 $47.00 $1,316.00 DocuSign Envelope ID: 457C8153-D483-4C3B-BEB2-FA0CE3EC6ECA Page 63 of 165 11 Remove Existing Sidewalk Guardrail LS 1 --- $1,000.00 12 Tree Protection LS 1 --- $7,000.00 13 Site Clearing and Grubbing LS 1 --- $14,000.00 14 Project Site Excavation CY 400 $160.00 $64,000.00 15 Native Material Backfill CY 145 $78.00 $11,310.00 16 Imported Backfill CY 245 $150.00 $36,750.00 17 1" Water Service and Meter (City Std 6210) EA 1 --- $13,000.00 18 NDS 9" Catch Basin with Atrium Grate EA 4 $1,400.00 $5,600.00 19 NDS 9" Catch Basin with Square Grate EA 1 --- $1,400.00 20 6" PVC Storm Drainpipe LF 150 $50.00 $7,500.00 21 Flared End Outlet and Rip-Rap Pad LS 1 --- $4,000.00 22 Class II Aggregate Base (under concrete areas) CY 65 $375.00 $24,375.00 23 Asphalt Pavement Repair (Surface Restoration) (City Std 4110) (10-inch minimum thickness) SQFT 28 $140.00 $3,920.00 24 Minor Concrete - Curb & Gutter (City Std 4030) LF 14 $160.00 $2,240.00 25 Minor Concrete - 6" Thick Reinforced Concrete Paving and Thickened Edge (where shown) (Modified City Std 4110) SQFT 2205 $25.00 $55,125.00 26 Minor Concrete - 4" Thick Reinforced Concrete Walk and Thickened Edge (where shown) (Modified City Std 4110) SQFT 2640 $14.00 $36,960.00 27 Minor Concrete - 4" Thick Unreinforced Concrete Sidewalk (City Std 4110) SQFT 395 $14.00 $5,530.00 28 Minor Concrete - 8" Wide Reinforced Concrete Mow Curb (Modified City Std 8710) LF 210 $48.00 $10,080.00 29 Minor Concrete - 6" Wide Reinforced Concrete Mow Curb (Modified City Std 8710) LF 162 $47.00 $7,614.00 30 Minor Concrete - Accessible Ramped Edge at Play Area LF 58 $120.00 $6,960.00 31 Minor Concrete - Accessible Safety Surface Ramped Edge at Play Area LF 25 $120.00 $3,000.00 32 Sidewalk Guardrail (Modified City Std 4240) LF 20 $475.00 $9,500.00 33 42" High Steel Pedestrian Barrier Fence with Gate and Lock LF 118 $110.00 $12,980.00 34 36" High Steel Pedestrian Barrier Fence LF 191 $105.00 $20,055.00 35 6' High Steel Security Barrier Fence LF 384 $120.00 $46,080.00 36 Paint Curb Red LF 187 $7.00 $1,309.00 37 Roadside Sign (No U-Turn) (City Std 7210) EA 1 --- $500.00 38 Roadside Sign (No Parking) (City Std 7210) LS 1 --- $500.00 39 Park Signage LS 1 --- $4,000.00 DocuSign Envelope ID: 457C8153-D483-4C3B-BEB2-FA0CE3EC6ECA Page 64 of 165 40 Entry Trellis w/Custom Signage LS 1 --- $16,000.00 41 Garden Walk (Granite, Base, and Fabric) SQFT 2061 $16.00 $32,976.00 42 Engineered Wood Fiber Safety Surface, Felt, and Drain SQFT 811 $27.00 $21,897.00 43 Spectraturf Safety Surfacing (including base materials, felt and drain) SQFT 150 $345.00 $51,750.00 44 Bike Rack EA 2 $1,900.00 $3,800.00 45 Two-Story Shed "Little Free Library" LS 1 --- $4,500.00 46 Compost Bin EA 5 $550.00 $2,750.00 47 Hydration Station and Percolation Well LS 1 --- $16,000.00 48 Tri-Net Climber EA 1 --- $36,000.00 49 Kid Spinner EA 1 --- $13,000.00 50 Shade Sail Structure EA 1 --- $50,000.00 51 Tree Grate (Modified City Std 8130) EA 2 $2,500.00 $5,000.00 52 8' Picnic Table EA 2 $6,500.00 $13,000.00 53 Round Patio Table (3-chair) EA 2 $5,800.00 $11,600.00 54 Round Patio Table (4-chair) EA 1 --- $5,900.00 55 City Standard Bench and Concrete Pad (where shown) (Modified City Std 9040) EA 8 $6,500.00 $52,000.00 56 Trash Container and Concrete Pad (where shown) (Modified City Std 9040) EA 6 $6,400.00 $38,400.00 57 Custom Precast Concrete Cornhole Boards EA 4 $3,500.00 $14,000.00 58 Landscape Boulders LS 1 --- $19,000.00 59 Potting Bench EA 2 $1,400.00 $2,800.00 60 Dog Waste Station EA 1 --- $2,000.00 61 4' x 8' Raised Garden Planter EA 12 $2,800.00 $33,600.00 62 3' x 4' ADA Garden Planter EA 6 $3,000.00 $18,000.00 63 Irrigation System LS 1 --- $125,000.00 64 Landscaping LS 1 --- $144,000.00 65 Plant Establishment Work Month 12 $3,400.00 $40,800.00 66 Path Lights (City Std 7905) EA 4 $10,000.00 $40,000.00 67 Combination Path Light and Camera Assembly (Modified City Std 7905) EA 1 --- $24,000.00 68 PGE Coordination LS 1 --- $13,000.00 69 Site Electrical LS 1 --- $70,000.00 70 Archeological Monitoring Plan Compliance LS 1 --- $7,800.00 BID TOTAL: $ 1,441,117.00 DocuSign Envelope ID: 457C8153-D483-4C3B-BEB2-FA0CE3EC6ECA Page 65 of 165 Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract. Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive. ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached: 1. Notice to Bidders and Information for Bidders 2. Standard Specifications and Engineering Standards 3. Special Provisions, any Addenda, Plans and Contract Change Orders 4. Caltrans Standard Specifications and Standard Plans 2015 5. Accepted Bid and Bid Bond 6. List of Subcontractors 7. Public Contract Code Sections 10285.1 Statement 8. Public Contract Code Section 10162 Questionnaire 9. Public Contract Code Section 10232 Statement 10. Labor Code Section 1725.5 Statements 11. Bidder Acknowledgements 12. Qualifications 13. Non-collusion Declaration 14. Agreement and Bonds 15. Insurance Requirements and Forms ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. DocuSign Envelope ID: 457C8153-D483-4C3B-BEB2-FA0CE3EC6ECA Page 66 of 165 The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. ATTEST: _______________________________ Teresa Purrington, City Clerk CITY OF SAN LUIS OBISPO A Municipal Corporation ___________________________________ Erica A. Stewart, Mayor APPROVED AS TO FORM CONTRACTOR: BROUGH CONSTRUCTION, INC. ________________________________ ___________________________________ J. Christine Dietrick City Attorney Jeffrey L. Brough President ____________________________________ Heather Brough Chief Financial Officer DocuSign Envelope ID: 457C8153-D483-4C3B-BEB2-FA0CE3EC6ECA Page 67 of 165 Page 68 of 165