The County of Santa Clara

Construction Document

Accept Report on Bids for construction of Martial Cottle Park. (Parks and Recreation Department)


Department:Parks and Recreation DepartmentSponsors:
Category:Construction Contracts

Multiple Recommendations

Possible action:
a. Award contract to O. C. Jones & Sons, Inc. in the amount of $24,071,000 with a construction time of 504 calendar days.
b. Approve encumbrance of additional $2,407,100 as Supplemental Work Allowance for a total encumbered amount of $26,478,100.
c. Authorize the Director, Parks and Recreation Department, to issue Change Orders against the allowance for Supplemental Work and to approve modifications to the construction time.
d. Ratify Addendum to Bid Documents Nos. 1-5 which modified or clarified the Bid Documents in response to contractor questions.
e. Approve Request for Appropriation Modification No. 184 - $25,000,000, increasing expenditures in the Parks Capital Improvement Program Budget. (4/5 Roll Call Vote)



There is no impact to the General Fund as a result of this action. There are two sources of funds for the construction of Martial Cottle Park: $1,478,100 from the Parks Capital Improvement Program (CIP) and $25 million from a Reserve that was established and funded over the years in anticipation of the construction of this park. The Department is requesting an Appropriation Modification of $25 million to cover the construction contract balance

After appropriating the recommended funds for this phase of construction for Martial Cottle Park, the Park Charter fund will have approximately $21.7 million in discretionary reserves.  Although these funds are not formally allocated by the Board of Supervisors, the department has historically maintained planned allocations of the unrestricted Park Charter funds. The Department’s planned allocation of the remaining funds are: $2 million for water quality/total maximum daily load projects pursuant to regulatory mandates, $10.2 million for deferred maintenance projects, $2.5 million for rolling stock (light duty trucks,  heavy equipment, etc.) replacement, and $9 million as a combined contingency fund and fiscal reserve to cover ninety days of departmental operations.

As reported in various project status reports to the Board, the construction and operation of Martial Cottle Park represents our most significant park launch in recent years. The ongoing operation of Martial Cottle Park will place additional demands for staffing, materials, and supplies in the Department’s operating budget. The Master Plan for the Park envisions adding up to fifteen positions to operate the park. One position was added this year to plan for the opening and operation of the park and two additional positions are requested in the FY 2014 budget. 

The construction timeline anticipates opening the perimeter trail in late 2013 and the balance of the park in late 2014. Additional positions will be added as resources allow. Depending on growth in Park Charter revenues, which are generated through increases in property valuations, there may not be sufficient funds in FY 2014 to add 15 positions originally envisioned. The Department is engaged in a Center for Leadership and Transformation (CLT)-affiliated process that includes seeking to identify efficiencies and supplemental revenues to support operations. If sufficient ongoing resources are not realized, the Department would adjust its staffing plan for Martial Cottle Park and reallocate existing resources to provide balanced staffing at Martial Cottle Park and the rest of the park system.



On March 26, 2013, the Board approved the contract documents and issuance of bids for the project.

This is a Type 1 service contract subject to the Resolution of Contracting Principles adopted by the Board of Supervisors on October 28, 1997. Specific contract language incorporating the Contracting Principles provision is included in the contract documents.



The project bid documents state that the contract award will be based on the lowest responsive bid submitted for the Total Base Bid plus Additive Bid items (Bid Alternates) 1, 2 and 3.  A bid opening was held on May 9, 2013. Five addenda were issued during the bid period. Three bids were received and all three are considered responsive. O. C. Jones & Sons, Inc. submitted the lowest responsive Bid as follows:

Total Base Bid= Item No. 1 + Item No. 2 = $21,005,000

Additive Bid Items 1-3 = $ 3,066,000

Total Responsive Bid = $24,071,000

The bid results and Engineer’s Estimate are provided as an attachment and summarized below:




TOTAL (Basis of Award)

O.C. Jones & Sons




Goodfellow Top Grade




Applied Water Resources









The Parks Department has reviewed the qualifications and determined that O. C. Jones & Sons, Inc. is a “Responsible Bidder” eligible for contract award. Therefore, award of contract for $21,005,000, plus $3,066,000 for Bid Alternates One through Three, plus $2,407,100 for Supplemental Work Allowance for a Total Encumbered Amount of $26,478,100 is recommended.

The Bid Documents included five Additive Bid items (Bid Alternates), summarized below and depicted in the attachment titled “Bid Alternates”:

·         Bid Alternate 1:  Construction of a Visitor Center.

·         Bid Alternate 2:  Construction of the western-edge perimeter multi-use trail from the western end of Chynoweth Avenue to north side of Canoas Creek.  Work includes a pedestrian bridge across the creek.

·         Bid Alternate 3:  Construction of the western-edge and southern perimeter multi-use trail from Chynoweth Avenue south under Highway 85 to Cahalan Avenue.  Work includes the Highway 85 trail undercrossing.

·         Bid Alternate 4:  Construction of the perimeter multi-use trail from Highway 85 north to the eastern end of Chynoweth Avenue.

·         Bid Alternate 5:  Construction of fencing and access for a future native plant nursery.

Award of Bid Alternates, if any, is determined by the County after determination of the lowest Bid.  Bid amounts for each of the five Bid Alternates are from 10% to 60% below the Engineer’s Estimate.  Given the low cost of completing these elements during this phase of construction, compared with the likelihood that constructing them later would cost twice as much, staff recommends acceptance of Bid Alternates 1-3.

To formally incorporate the addenda into the bid documents, the Department recommends that the Board ratify the addenda.  All attachments to these addenda are on file and available for review in the Clerk of the Board’s Office.



The construction of the Martial Cottle Park impacts the Healthy Lifestyle indicator.  The Park will be developed, operated and maintained as a public historic agricultural park to promote and sustain farming traditions thereby showing and displaying the agricultural heritage of Santa Clara Valley from the mid-1850’s into the 20th century.  It will also provide passive recreation, interpretive, educational, research and commercial use opportunities compatible with the primary historical purpose of the Park.

Interpretive programs tailored for youth and school groups will be developed once the Park is open to expose youth to agricultural practices, healthy food and foster an understanding of how fruit and vegetables are grown, processed and prepared for healthy eating.



The construction of the Martial Cottle Park will have a positive impact on seniors.  The Park will be developed, operated and maintained as a public historic agricultural park to promote and sustain farming traditions thereby showing and displaying the agricultural heritage of Santa Clara Valley from the mid-1850’s into the 20th century.  It will also provide passive recreational, interpretive, educational, research and commercial use opportunities compatible with the primary historical purpose of the Park.  Passive recreational amenities, such as an extensive trail system will provide accessible recreational opportunities for seniors in an urban setting.



In accordance with the Green Building Policy adopted by the Board of Supervisors on April 25, 2006, the project has been designed to the Leadership in Energy and Environmental Design (LEED) silver standard.  The project design balances public policy and program interests, furthering the Board of Supervisor’ sustainability goals to foster a healthy environment by providing recreational opportunities, and implementing the vision of the property donor, Mr. Walter Lester, in promoting urban agriculture and public education regarding the source of food and sustainable agricultural practices.



The 289-acre Walter Lester Cottle property, located between Branham Avenue and Highway 85 and west of Snell Avenue, was secured jointly by the California State Department of Parks and Recreation (CPR) and Santa Clara County Parks and Recreation Department (SCCPR) via a combination of donation and purchase transactions in 2003.  A Joint Powers Agreement between CPR and SCCPR was also executed outlining the joint ownership, development, and operation and maintenance terms for the future Park.  A portion of the property (30.9 acres) is subject to a life estate interest and will eventually be incorporated into the overall Park.

The master planning process for Martial Cottle Park was conducted between 2007 and 2010 culminating in the acceptance of the Martial Cottle Park State Park General Plan and County Park Master Plan (Park Plan) by the Santa Clara County Board of Supervisors on February 8, 2011 and by the California State Parks Commission on March 2, 2011.  The plan identified programmatic land use, recreational, management zone and circulation plans for the property.  In addition, the plan included a program level environmental review document.

The Park is to be developed in a series of phases, with Phase I establishing the basic infrastructure and facilities needed to facilitate public access, recreational activities and farming operations.  Sandis Engineering was retained to assist the Department with preparing the Contract Documents for the Phase I development of the Park.  Construction Documents were completed in early March 2013.

County Parks staff is pursuing annexation into the City of San Jose of the State and County-owned parcels to be developed during Phase I implementation of the park.  Annexation would allow for connection to City utilities.  In March 2013, staff received the signed annexation application back from the State and on April 9, 2013, the Board of Supervisors adopted a resolution approving submission of the application for annexation to the City of San Jose.  The City Council meeting dates for this annexation are scheduled for June 4 (initiation) and June 18 (ordering).  Annexation will go into effect 30 days following final approval by the City.

Extension of the Park trail under Highway 85 (work per Bid Alternate 3) requires an encroachment permit from the State Department of Transportation (CalTrans) for work on CalTrans property, and permits from the Santa Clara Valley Water District (SCVWD) for relocation of a storm water outfall in Canoas Creek.  The CalTrans permit was issued on April 4, 2013.  Parks staff has submitted a Joint Aquatic Resources Permit Application (JARPA) for work in Canoas Creek and anticipates permits will be issued by early July 2013.

Off-site work for the Park entrances requires an encroachment permit from the City of San Jose.  Parks staff initiated discussions with City Planning staff in May 2012 to define the scope of off-site work and secure the necessary permits.  Permit documents were prepared and submitted to the City in September 2012 with revised documents submitted in December 2012Final comments from City staff were received in April 2013 and associated changes were incorporated into the Bid Documents via addendum.  Revised permit documents have been submitted to the City and issuance of the permit is anticipated in June 2013.

During development of the Park design, minor changes from the Park Plan have occurred.  Examples of minor changes include relocation of the pedestrian neighborhood access at Vista Park Drive to the northwest corner off of Branham Lane, relocation of the secondary service entrance along Chynoweth Avenue and relocation of Parks staff offices from the Visitor Center to the Maintenance Corp YardThese minor design changes to the project would not have any new effects, and the project includes activities covered by the previously certified EIR for the Park Plan.  Per CEQA Guidelines Section 15164, the Parks Department would not need to prepare and circulate an Addendum to the EIR for the project.



Without this action, construction of Martial Cottle Park will be delayed.



Send Minute Traq notification to Parks and Recreation Department, attn.: Alicia A. Flynn at


Meeting History

Jun 4, 2013 9:00 AM Video Board of Supervisors Regular Meeting

Robb Courtney, Director, Parks and Recreation Department, briefly highlighted the plans for construction in Martial Cottle Park. He commended Alicia Flynn, Capital Projects Manger III, Parks and Recreation Department, for managing the complex program well and keeping the project on time and on budget. Ms. Flynn provided a presentation on the construction plan for Phase I, scheduled to begin in July 2013.

Discussion ensued clarifying that the perimeter trail is approximately two-and-one-half miles long and most, but not all, of the perimeter trail is included in Phase I.

Supervisor Cortese directed attention to the important role of Rusty Reyes, attorney for Walter Cottle Lester, in overcoming obstacles for Mr. Lester to donate the 285 acres of prime land to the County. He recommended that Mr. Reyes be included in a groundbreaking ceremony for the Park.

MOVER:Mike Wasserman, Vice President
SECONDER:S. Joseph Simitian, Supervisor
AYES:Mike Wasserman, Dave Cortese, Ken Yeager, S. Joseph Simitian


Jun 4, 2013 9:00 AMVideo (Windows Media) MP4 VideoBoard of SupervisorsRegular Meeting

11:14 AMFigure out what the actual cost recovery was. And based on our study, it turned out to be roughly $0. 04 per transaction. We felt that amount was negligible and decided not to increase our service fees. As far as items pertaining to things that the public purchases at the front counter, most of those costs didn't change. The big changes were in the data files that we generally sell and the reports that we sell to mortgage companies, real estate companies, i. E. , the property characteristics file. Sometimes they will ask us for legal description files. Assessment roll data, appeal data and so on. Those are where we found an increase in the fees. I would be happy to answer any other questions that you might have.

11:15 AMI am not seeing any questions. So if we could have a motion.
Motion by simitian.
All right. and i'm clairvoyant and I feel it will pass unanimously -- I don't know that for sure, but it does.
11:16 AMThank you.
So we move on to item no. 15, and this is is to to accept report on bids for construction of martial cottle park. Good morning.
Good morning president yeager, supervisors, I am rob courtney, the director of parks and recreation and it's my pleasure to introduce julie mark, who is our deputy director, mark frederick, our manager of park development and alicia flynn, project manager. One of the great joys that we enjoy is to build a new park for the enjoyment of this and future generations and this morning we wanted to briefly highlight what is being planned to be constructed at martial cottle park and before I get into that, I just wanted to share a little bit of the history.

11:17 AMOf many, including congressman mike honda, supervisor don gage, Mr. Lester's representative, dave gridirono, former park directors and the master plan was developed under the guidance of planner james mark in our vermont, another planner ken broussard and alicia has done an absolutely superb job managing this project and kept it on-track and on-budget and i'm really proud of the work she has done and I would like to turn it over to her, to share the highlights of the planned construction for this project.