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HomeMy WebLinkAboutItem 5e. Award Construction Contract for Laguna Lake Dog Park Revitalization Project (Spec. No. 2001068) Item 5e Department: Public Works Cost Center: 9501 For Agenda of: 8/20/2024 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Erica Long, Capital Projects Manager II SUBJECT: AWARD A CONSTRUCTION CONTRACT FOR THE LAGUNA LAKE DOG PARK REVITALIZATION PROJECT, SPECIFICATION NUMBER 2001068 RECOMMENDATION 1. Award a Construction Contract to R. Burke Corporation for the Laguna Lake Dog Park Revitalization Project, Base Bid and Additive Alternate A, in the amount of $1,560,191.30; and 2. Approve a budget transfer of $485,000 from the Laguna Lake Park Improvements project account (2000057-01) to the Laguna Lake Dog Park Revitalization project account (2001068); and 3. Authorize City Engineer to approve Contract Change Orders up to the available project budget. POLICY CONTEXT On July 6, 2021, City Council approved the Parks and Recreation Blueprint for the Future 2021-2041: Parks and Recreation Plan and General Plan, a plan to guide the development of parks, facilities, and programs in the City through 2041. The Blueprint identified dog parks as a high priority amenity within the City of San Luis Obispo. On April 2, 2024, City Council authorized staff to advertise for bid s for the Laguna Lake Dog Park Revitalization project. Award of the project contract requires approval by Council if the construction contract is higher than the Publicly Disclosed Funding amount approved by Council. DISCUSSION The existing Laguna Lake Off-Leash Dog Area was created over 25 years ago within Laguna Lake Park. The existing off -leash area is approximately three acres and comprises of one large area that supports both large and small dogs, parking spaces, a restroom, and a fence that separates the off-leash dog area from the parking lot. Since creation, the off-leash dog park area at Laguna Lake has lost over a dozen trees to disease and drought. There is a lack of irrigation to sustain the trees and turf areas , and only one water spigot that serves both dogs and people. Page 47 of 403 Item 5e The existing soil conditions of the off-leash dog area is comprised of clay soils and construction rubble which has created uneven terrain, and a majority of the off-leash dog area becomes wet and swampy in the winter or dries out with severe cracks due to the clay soil in warmer months. The concrete pads for seating benches have settled and cracked due to soil conditions. The proposed project will correct the uneven ground, provide better hydration facilities, completely fence the off -leash dog area creating a safe and secure formal dog park. The project scope includes removing over a dozen tree stumps, several old and cracking concrete pads, and regrading of the area to address marshy and unsafe conditions. The project will construct new safety features including a full perimeter fence around the 3 - acre area with separate dog areas for small and large sized dogs and double-gated entries into each dog area. Additional site amenities include drinking fountains with dog bowls, ADA compliant concrete pathways, and additional seating areas. On April 2, 2024, City Council authorized the invitation of bids for the Laguna Lake Dog Park Revitalization project. On July 2, 2024, a bid opening was held, where only one bid was received (Attachment A). The bid, submitted by R. Burke Corporation, totaled $2,022,791.30. The base bid was $1,166,392.60, Additive Alternative “A” (landscaping) was $393,798.70, and Additive Alternative "B” (shade sails) was $462,600.00. Staff is recommending the award of the base bid and Additive Alternative “A” only. Table 1: Bid results for bid opening on July 2, 2024. Engineer’s Estimate R. Burke Corporation Base Bid $850,000 $1,166,392.60 Additive Alternative “A” $230,000 $393,798.70 Additive Alternative "B” $50,000 $462,600.00 Total $1,130,000 $2,022,791.30 The high bid price may be due to the overall increase in construction costs and a lack of competitive bids, resulting from the high demand for a limited pool of qualified contractors from nearby communities. This is a consistent trend seen among recently bid park improvement projects. The City adhered the public advertising process and reached out to numerous contractors to inform them of the opportunity to bid on this project. All interested contractors were given a month to submit bids by the due date as posted on the City’s project advertising software. Given the single bid received and the limited response to staff outreach, staff does not anticipate receiving more competitive bids if the project were to readvertisement. Staff is not recommending award of Additive Alternate B (shade sails) due to the bid price coming in significantly higher than the engineer’s estimate for that project component. Staff recommend deferring that component of the project to a future phase. By doing so, more competitive bids may be received resulting in a lower cost when that phase is proposed for construction. Furthermore, the project design does not preclude installation of shade sails at a future date. Page 48 of 403 Item 5e Previous Council or Advisory Body Action On June 1, 2021, Council approved the 2021-23 Financial Plan and the Parks and Recreation General Plan Implementation Project , allocating funding for prioritized amenity upgrades. On July 6, 2021, Council approved the Parks and Recreation Blueprint for the Future: 2021-2041. In January 2023, the Parks and Recreation Commission (PRC) reviewed and provided direction to staff on two conceptual layouts for the Laguna Lake Dog Park. In February 2023, the PRC reviewed and provided additional direction to staff on the final conceptual layout for the Laguna Lake Dog Park. In March 2023, the City received the 50% plans, specifications and estimate for a $2,000,000 project. City staff directed the consultant to make updates to reduce the cost of the project. In September 2023, staff presented the updated project to the PRC, resulting in the PRC advising staff to fund the full project based on community feedback and as a key priority from the Blueprint. On April 2, 2024, City Council approved authorization to advertise the project. Public Engagement City staff conducted an in-person feedback session at the Laguna Lake Park in May 2022, as well as promoted an online survey in June 2022 to receive community input on the project components for the design, and received over 650 responses. The results of the survey were posted on the Parks and Recreation Current Projects webpage. Conceptual layouts were presented to the PRC in January and February 2023, to gain feedback from both community members and the PRC on the project design with a final presentation in September 2023 regarding the anticipated project costs. CONCURRENCE There is concurrence from the Community Development Department through the review and approval of the project for building permit issuance. This project also has concurrence from the Parks and Recreation Department as they have reviewed the project through out the design process. There is also concurrence from the PRC on the importance of this project in supporting the community needs. The recommendations of this staff report have the concurrence of Public Works and Parks and Recreation Departments. ENVIRONMENTAL REVIEW The project is exempt from environmental review under Section 1530 3 Class 3 (new construction or conversion of small structures) of the California Environmental Quality Act (CEQA) Guidelines. This project consists of work within the existing limits of the off-leash dog area to construct small structures including fencing in of the off-leash dog area creating a small dog area and large dog area, hydration station, seating, and ground improvements. The project is consistent with the applicable general plan policies as well with applicable City Regulations. A Notice of Exemption has been filed with the Community Development Department. Page 49 of 403 Item 5e FISCAL IMPACT Budgeted: Yes Budget Year: 2024-25 Funding Identified: Yes Fiscal Analysis: Laguna Lake Dog Park, Specification No. 2001068 Base Construction Bid $1,166,392.60 Additive Alternative A $393,798.70 Total $1,560,191.30 Contingencies (15%) $234,028.70 Total Construction Estimate $1,794,220.00 Materials Testing: $10,000.00 Construction Consultant Support $24,000.00 Printing: $2,268.00 Total Project Cost $1,830,488.00 Current Project Balance: $1,345,488.00 Transfer from the Laguna Lake Improvements (San Luis Ranch Development Agreement) Account 2000057-01 $485,000.00 Total Recommended Funding $1,830,488.00 The current available project budget is $1,345,488, which includes $256,198 of Capital Outlay and $1,089,290 of Parkland In-Lieu (Quimby) Funds. To award the contract, staff is requesting a transfer of an additional $485,000 from the Laguna Lake Improvements account (2000057 -01) to fund the project, including costs of construction, contingencies, materials testing, design support, and printing. These funds are from San Luis Ranch Development Project Fee contributions to the Parkland In-Lieu (Quimby fee) Fund that can only be used specifically for parks projects at the Laguna Lake Park. Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund: Capital Outlay Fund: Account 2001068 $256,198 $0 $0 N/A Other: Parkland In-Lieu (Quimby) Fund: Account 2001068 $1,089,290 $0 $0 N/A *Other: Parkland In-Lieu Fund (Quimby - San Luis Ranch Development Agreement): Account 2000057-01 $657,541 $485,000 $172,541 N/A Total $2,003,029 $485,000 $172,541 N/A *These funds can only be spent at Laguna Lake Park as required by the payments made as part of the San Luis Ranch Development Agreement. Page 50 of 403 Item 5e ALTERNATIVES 1. Deny the award of the construction contract. Council may choose not to award the contract at this time, reject all bids, and defer the project for readvertisement. Staff does not recommend this option, as the park rehabilitation was identified as a near - term project in the Council-approved Parks and Recreation Blueprint for the Future. This option risks project costs rising, and the City could potentially receive bids higher than the above bid from R. Burke Corporation. 2. Find another source of funding. Council may choose to appropriate funds from a different source such as CIP Reserve instead of using the Parkland In-Lieu (Quimby) Funds. The current CIP Reserve balance is $3,010,000 and is anticipated to be used towards overages on CIP projects moving into construction this fiscal year, such as the Mid-Higuera Bypass project. Staff does not recommend this option, as the Parkland In-Leu (Quimby) Funds identified to fund this award are from San Luis Ranch Development Agreement contributions and can only be spent on projects at Laguna Lake Park. Using funds from the CIP Reserve would impact other CIP projects, including upcoming parks projects that are not eligible for these Parkland In -Leu (Quimby) Funds. 3. Defer award and redesign the project. Council could choose not to award this construction contract and instead pay for a new design, which could include reducing the size of the dog areas, pathways, and landscaping. This revised project would then be brought back to the Parks and Recreation Commission for review. This option would significantly delay the project construction and risk further increases in construction and design costs. 4. Award the base bid, additive alternate A and B. Council may choose to award the full project including the base and both alternatives A and B using the remainder of the Laguna Lake Improvements account 2000057-01 and $360,000 of Capital Projects Reserve Funds. Staff does not recommend awarding Additive Alternate B (shade sails) because the bid price significantly exceeds the engineer’s estimate for this component. Instead, staff suggests deferring this part of the project to a future phase. This approach may attract more competitive bids, potentially lowering the cost. Additionally, the current project design allows for the installation of shade sails later. 5. Award the base bid only. Council may choose to only award the base bid and defer alternative A and B to a future phase of the project. This would lower the request from the Laguna Lake Improvements account 2000057-01 from $485,000 to $33,000. Staff does not recommend this the option as additive alternate A provides landscaping and irrigation to the dog park which is vital to create an enjoyable space for the community as well as providing the necessary irrigation system to water the proposed 38 trees and turf. Without awarding additive alternate A, the landscaping will consist of six new trees and ground covering of wood bark mulch. The community is also strongly supportive of the futures that will be installed with additive alternate A. Staff concur with not awarding additive alternate B. ATTACHMENTS A - 2001068 Bid Results B - Draft Construction Contract with R. Burke Corporation Page 51 of 403 Page 52 of 403 Bid Opening: 07/2/2024 Item # Item Description Unit of Measure Estimated Quanity Item price Total 1 CONSTRUCTION SURVEY LS 1 --- $15,000.00 2 WATER POLLUTION / EROSION CONTROL LS 1 --- $60,000.00 3 REMOVE BENCHES & CONCRETE PADS LS 1 --- $6,000.00 4 REMOVE WOOD INFORMATION KIOSK EA 1 $400.00 $400.00 5 REMOVE 3' HIGH CMU WALL LF 75 $35.00 $2,625.00 6 REMOVE 4' HIGH CHAIN LINK FENCE LS 1 --- $5,000.00 7 RELOCATE TRASH RECEPTACLES LS 1 --- $400.00 8 RELOCATE EXISTING BOULDERS LS 1 --- $6,000.00 9 REMOVE WATER FOUNTAIN EA 3 $700.00 $2,100.00 10 REMOVE WHEEL STOP EA 10 $100.00 $1,000.00 11 REMOVE EXISTING SIGN EA 3 $170.00 $510.00 12 REMOVE & DISPOSE HMA PAVEMENT AND BASE LS 1 --- $7,000.00 13 REMOVE 24"X24" STORM DRAIN INLET EA 1 $800.00 $800.00 14 REMOVE 12" STORM DRAIN PIPE LS 1 --- $2,700.00 15 REMOVE 18" TRENCH DRAIN LS 1 --- $3,500.00 16 REMOVE LOG BARRIERS (RETURN TO CITY) LS 1 --- $5,500.00 17 EARTHWORK CY 2190 $90.00 $197,100.00 18 IMPORT MATERIAL CY 470 $135.00 $63,450.00 19 CRUSHED PEA GRAVEL (2" LAYER) SQFT 11953 $2.20 $26,296.60 20 6" CONCRETE EDGING LF 1375 $28.00 $38,500.00 21 8" CONCRETE CURB LF 100 $90.00 $9,000.00 22 NEW CONCRETE WHEEL STOPS EA 6 $300.00 $1,800.00 23 CONCRETE CURB AND GUTTER LF 90 $100.00 $9,000.00 24 CONCRETE TRANSITION RAMP SQFT 100 $37.00 $3,700.00 25 CONCRETE FLATWORK (SIDEWALK) SQFT 10250 $28.00 $287,000.00 26 REMOVE TREE & GRIND STUMP EA 2 $5,000.00 $10,000.00 27 GRIND TREE STUMP EA 14 $800.00 $11,200.00 28 WOOD BARK MULCH (3" LAYER) CY 678 $109.00 $73,902.00 29 ROOT BARRIER LF 100 $23.00 $2,300.00 30 IRRIGATION - SLEEVING LF 143 $41.00 $5,863.00 31 HMA PAVEMENT (6") SQFT 998 $17.00 $16,966.00 32 DETECTABLE WARNING SURFACE SQFT 220 $60.00 $13,200.00 33 CLEARING AND GRUBBING LS 1 --- $20,000.00 34 1" PVC WATER LATERAL LF 84 $120.00 $10,080.00 35 4" PVC STORM DRAIN LF 8 $65.00 $520.00 36 12" HDPE STORM DRAIN LF 80 $80.00 $6,400.00 37 TRENCH DRAIN WITH CONCRETE ENCASEMENT LF 45 $500.00 $22,500.00 38 CURB INLET EA 1 $13,000.00 $13,000.00 39 4' CHAIN LINK FENCE LF 2117 $40.00 $84,680.00 40 DOG PARK ENTRY GATE (TWO GATES PER ENTRY)EA 6 $5,700.00 $34,200.00 41 CHAIN LINK MAINTENANCE GATE (2 LEAVES EACH GATE)EA 3 $3,500.00 $10,500.00 42 INSTALL NEW LOG BARRIER LS 1 --- $5,000.00 43 ADA SIGNS AND POLES EA 3 $500.00 $1,500.00 44 REMOVE PAVEMENT MARKINGS LS 1 --- $1,100.00 45 PAVEMENT MARKINGS LS 1 --- $5,000.00 46 DRINKING FOUNTAIN WITH DOG WATER BOWL EA 3 $8,600.00 $25,800.00 47 RELOCATE DOG BAG DISPENSER AND SIGNS EA 2 $150.00 $300.00 48 SWPPP LS 1 --- $11,000.00 49 UPGRADE RESTROOM FOR ADA COMPLIANCE PER APPENDIX D LS 1 --- $10,000.00 50 INSTALL NEW CONCRETE ADA PARKING STALL AND ACCESS AISLE PER SHEET C-3.3 LS 1 --- $17,000.00 $1,166,392.60 ADDITIVE ALTERNATIVE "A" BID ITEMS Item # Item Description Unit of Measure Estimated Quanity Item price Total 51 TREE PLANTING – 24” BOX EA 38 $1,840.00 $69,920.00 52 15 GALLON SHRUBS EA 12 $575.00 $6,900.00 53 5 GALLON SHRUBS EA 18 $69.00 $1,242.00 54 1 GALLON SHRUBS EA 181 $40.00 $7,240.00 55 TURF LAWN SQFT 25,970 $3.20 $83,104.00 56 IRRIGATION - MAINLINE LF 1460 $23.00 $33,580.00 57 IRRIGATION - LATERAL LINE LF 4482 $13.00 $58,266.00 58 IRRIGATION - VALVES AND EQUIPMENT LS 1 --- $69,000.00 59 IRRIGATION - TURF SPRAY HEADS EA 29 $230.00 $6,670.00 60 IRRIGATION - TREE WATERING SYSTEMS EA 76 $140.00 $10,640.00 61 IRRIGATION - DRIPLINE AREA SQFT 3901 $2.30 $8,972.30 62 IRRIGATION-DRIP EMITTER AREA SQFT 2637 $1.20 $3,164.40 63 IRRIGATION - CONTROLS (CONTROLLER AND WEATHER STATION)LS 1 --- $6,600.00 64 THREE MONTH PLANT ESTABLISHMENT PERIOD EA MONTH 3 $9,500.00 $28,500.00 $393,798.70 ADDITIVE ALTERNATIVE "B" BID ITEMS Item # Item Description Unit of Measure Estimated Quanity Item price Total 65 CONCRETE SHALLOW FOOTING (FOR SHADE SAILS)EA 24 $1,900.00 $45,600.00 66 RECTANGULAR SHADE SAIL - 7' X 13' EA 4 $45,000.00 $180,000.00 67 RECTANGULAR SHADE SAIL - 14.5' X 18' EA 1 $65,000.00 $65,000.00 68 RECTANGULAR SHADE SAIL - 12.5' X 20' EA 1 $64,000.00 $64,000.00 69 SHADE SAIL - TRIANGLE EA 2 $54,000.00 $108,000.00 $462,600.00 $1,166,392.60 $393,798.70 $462,600.00 $2,022,791.30 ** Total bid amount is based on item price. Per section 2-1.33A, in the case of arithmetic discrepancy between item prices and total prices, items prices prevail over total prices. BASE BID TOTAL ADDITIVE ALTERNATIVE "A" BID TOTAL ADDITIVE ALTERNATIVE "B" BID TOTAL TOTAL PROJECT BID (Base Bid + Add. Alternate A + Add. Alternate B) ADDITIVE ALTERNATIVE "A" - BID TOTAL ADDITIVE ALTERNATIVE "B" BID TOTAL LAGUNA LAKE DOG PARK REVITALIZATION, SPECIFICATION NO. 2001068 BASE BID TOTAL R. Burke Corporation Page 53 of 403 Page 54 of 403 APPENDIX A - FORM OF 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 R. Burke Corporation (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 LAGUNA LAKE DOG PARK REVITALIZATION, SPEC NO. 2001068 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: Base Bid Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 1 5 CONSTRUCTION SURVEY LS 1 --- $15,000.00 2 13 WATER POLLUTION / EROSION CONTROL LS 1 --- $60,000.00 3 15 REMOVE BENCHES & CONCRETE PADS LS 1 --- $6,000.00 4 15 REMOVE WOOD INFORMATION KIOSK EA 1 $400.00 $400.00 5 15 REMOVE 3' HIGH CMU WALL LF 75 $35.00 $2,625.00 6 15 REMOVE 4' HIGH CHAIN LINK FENCE LS 1 --- $5,000.00 7 15 RELOCATE TRASH RECEPTACLES LS 1 --- $400.00 8 15 RELOCATE EXISTING BOULDERS LS 1 --- $6,000.00 9 15 REMOVE WATER FOUNTAIN EA 3 $700.00 $2,100.00 Docusign Envelope ID: D8119598-239A-47E5-A198-D6FF56BDD83D Page 55 of 403 Base Bid Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 10 15 REMOVE WHEEL STOP EA 10 $100.00 $1,000.00 11 15 REMOVE EXISTING SIGN EA 3 $170.00 $510.00 12 15, 19 REMOVE & DISPOSE HMA PAVEMENT AND BASE LS 1 --- $7,000.00 13 15, 71 REMOVE 24"X24" STORM DRAIN INLET EA 1 $800.00 $800.00 14 15, 71 REMOVE 12" STORM DRAIN PIPE LS 1 --- $2,700.00 15 15, 71 REMOVE 18" TRENCH DRAIN LS 1 --- $3,500.00 16 19 REMOVE LOG BARRIERS (RETURN TO CITY) LS 1 --- $5,500.00 17 19 EARTHWORK CY 2190 $90.00 $197,100.00 18 19 IMPORT MATERIAL CY 470 $135.00 $63,450.00 19 19 CRUSHED PEA GRAVEL (2" LAYER) SQFT 11953 $2.20 $26,296.60 20 19, 26, 73, 90 6" CONCRETE EDGING LF 1375 $28.00 $38,500.00 21 19, 26, 73, 90 8" CONCRETE CURB LF 100 $90.00 $9,000.00 22 19, 26, 73, 90 NEW CONCRETE WHEEL STOPS EA 6 $300.00 $1,800.00 23 19,26, 73, 90 CONCRETE CURB AND GUTTER LF 90 $100.00 $9,000.00 24 19,26, 73, 90 CONCRETE TRANSITION RAMP SQFT 100 $37.00 $3,700.00 25 19, 26, 73, 90 CONCRETE FLATWORK (SIDEWALK) SQFT 10250 $28.00 $287,000.00 26 20 REMOVE TREE & GRIND STUMP EA 2 $5,000.00 $10,000.00 27 20 GRIND TREE STUMP EA 14 $800.00 $11,200.00 28 20 WOOD BARK MULCH (3" LAYER) CY 678 $109.00 $73,902.00 29 20 ROOT BARRIER LF 100 $23.00 $2,300.00 30 20 IRRIGATION - SLEEVING LF 143 $41.00 $5,863.00 31 39 HMA PAVEMENT (6") SQFT 998 $17.00 $16,966.00 32 73 DETECTABLE WARNING SURFACE SQFT 220 $60.00 $13,200.00 33 77 CLEARING AND GRUBBING LS 1 --- $20,000.00 34 77 1" PVC WATER LATERAL LF 84 $120.00 $10,080.00 35 77 4" PVC STORM DRAIN LF 8 $65.00 $520.00 Docusign Envelope ID: D8119598-239A-47E5-A198-D6FF56BDD83D Page 56 of 403 Base Bid Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 36 77 12" HDPE STORM DRAIN LF 80 $80.00 $6,400.00 37 77 TRENCH DRAIN WITH CONCRETE ENCASEMENT LF 45 $500.00 $22,500.00 38 77 CURB INLET EA 1 $13,000.00 $13,000.00 39 80 4' CHAIN LINK FENCE LF 2117 $40.00 $84,680.00 40 80 DOG PARK ENTRY GATE (TWO GATES PER ENTRY) EA 6 $5,700.00 $34,200.00 41 80 CHAIN LINK MAINTENANCE GATE (2 LEAVES EACH GATE) EA 3 $3,500.00 $10,500.00 42 80 INSTALL NEW LOG BARRIER LS 1 --- $5,000.00 43 82 ADA SIGNS AND POLES EA 3 $500.00 $1,500.00 44 84 REMOVE PAVEMENT MARKINGS LS 1 --- $1,100.00 45 84 PAVEMENT MARKINGS LS 1 --- $5,000.00 46 99 DRINKING FOUNTAIN WITH DOG WATER BOWL EA 3 $8,600.00 $25,800.00 47 82, 90 RELOCATE DOG BAG DISPENSER AND SIGNS EA 2 $150.00 $300.00 48 13 SWPPP LS 1 --- $11,000.00 49 15 UPGRADE RESTROOM FOR ADA COMPLIANCE PER APPENDIX D LS 1 --- $10,000.00 50 15 INSTALL NEW CONCRETE ADA PARKING STALL AND ACCESS AISLE PER SHEET C-3.3 LS 1 --- $17,000.00 Base Bid Total $1,166,392.60 Additive Alternate A Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 51 20 TREE PLANTING – 24” BOX EA 38 $1,840.00 $69,920.00 52 20 15 GALLON SHRUBS EA 12 $575.00 $6,900.00 53 20 5 GALLON SHRUBS EA 18 $69.00 $1,242.00 54 20 1 GALLON SHRUBS EA 181 $40.00 $7,240.00 55 20 TURF LAWN SQFT 25,970 $3.20 $83,104.00 56 20 IRRIGATION - MAINLINE LF 1460 $23.00 $33,580.00 57 20 IRRIGATION - LATERAL LINE LF 4482 $13.00 $58,266.00 58 20 IRRIGATION - VALVES AND EQUIPMENT LS 1 --- $69,000.00 Docusign Envelope ID: D8119598-239A-47E5-A198-D6FF56BDD83D Page 57 of 403 Additive Alternate A Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 59 20 IRRIGATION - TURF SPRAY HEADS EA 29 $230.00 $6,670.00 60 20 IRRIGATION - TREE WATERING SYSTEMS EA 76 $140.00 $10,640.00 61 20 IRRIGATION - DRIPLINE AREA SQFT 3901 $2.30 $8,972.30 62 20 IRRIGATION-DRIP EMITTER AREA SQFT 2637 $1.20 $3,164.40 63 20 IRRIGATION - CONTROLS (CONTROLLER AND WEATHER STATION) LS 1 --- $6,600.00 64 20 THREE MONTH PLANT ESTABLISHMENT PERIOD EA MONTH 3 $9,500.00 $28,500.00 Additive Alternate A Bid Total $393,798.70 (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. BID TOTAL: $1,560,191.30 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 Docusign Envelope ID: D8119598-239A-47E5-A198-D6FF56BDD83D Page 58 of 403 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. 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. Docusign Envelope ID: D8119598-239A-47E5-A198-D6FF56BDD83D Page 59 of 403 ATTEST: _______________________________ Teresa Purrington, City Clerk CITY OF SAN LUIS OBISPO A Municipal Corporation ___________________________________ Erica A. Stewart, Mayor APPROVED AS TO FORM CONTRACTOR: R. Burke Corporation ________________________________ By:________________________________ J. Christine Dietrick City Attorney Robert E. Burke Its: President (2nd signature required if Corporation): By:________________________________ Joanne Burke Its: Vice President/Treasurer Docusign Envelope ID: D8119598-239A-47E5-A198-D6FF56BDD83D Page 60 of 403