Item No. 6
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
DATE: SEPTEMBER 17, 2025
SUBJECT: REJECT ALL BIDS FOR THE ATHERTON LIBRARY
CHILDREN’S GARDEN PROJECT, PROJECT NUMBER 56109;
AND AUTHORIZE STAFF TO REBID THE PROJECT
RECOMMENDATION
Staff recommend that the City Council rejects all bids received for the Atherton Library Children’s Garden Project, project number 56109, and authorize staff to rebid the project.
BACKGROUND
The San Mateo County Library JPA contracted with Miller Company Landscape Architects to prepare the plans, specifications and cost estimate for the Atherton Library Children’s Garden Project. The project primarily consists of site clearing, installation of various custom garden elements such as log benches, low tree house, willow hut, and stump walk, as well as ramps, railings, stairs, unit paving and other surfacing materials, fences and other site furnishings. The Town posted the project plans and specifications for public bid on July 11, 2025.
ANALYSIS
Public Works staff administered a publicly advertised bid for the Atherton Library Children’s Garden Project. Bids were opened on August 26, 2025. Three (3) bids were received as follows:
CONTRACTOR LOCATION BID
Modernscapes Innovation Oakley $ 447,840.00
Suarez & Munoz Construction Hayward $ 730,000.00
Native Soil Oakland $ 837,000.00
The Engineer’s Estimate for this project is $438,039.00 After review of the bids, it was confirmed that Modernscapes Innovation’s bid was complete and had the requisite licenses to do the work. On Friday, August 29, 2025, Modernscapes Innovation notified staff via formal letter that they regret to inform the Town that they have discovered Atherton Library Children’s Garden Project
SEPTEMBER 17, 2025
a significant clerical error in their calculations regarding bid item no. 10 - Site Furnishings and Garden Features. The total written amount for the item was $49,000.00 when it should have been $149,000.00. Modernscapes Innovation provided evidence in quotes for the materials that totaled $100,309.50, far in excess of the bid amount written for the item. On Wednesday, September 3, in compliance with the Town’s specifications, Modernscapes Innovation provided a formal letter regrettably withdrawing their bid submitted on August 26, 2025.
The second lowest bidder was Suarez & Munoz Construction, with a bid of $730,000.00. This bid is significantly higher than the engineer’s estimate and staff recommends that the City Council rejects all bids and publicly rebid the project.
FISCAL IMPACT
None at this time.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal C - Maintain Conservative Fiscal Policies and Financial Transparency • Goal A - Preserve Small Town Character & Quality of Life • Goal D - Be Forward Thinking
POLICY FOCUS
The project will consist of site, landscaping and accessibility improvements including tree protection, unit paving, an accessible wood ramp with railings and custom infill panels, accessible wood fiber surfacing and edging, installation of whole wood products, wood fences with wire mesh infill panels, a property line fence, metal gates and railings, a wood frame play structure and deck connection, wood benches, wood steps, various custom garden elements including a willow hut and log benches, site furnishings, associated concrete curbs and footings, drip irrigation system installation and connection to the existing system, planting bed preparation and installation of planting. These improvements will beautify the library facility and create a safe place for residents to enjoy.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
Atherton Library Children’s Garden Project
SEPTEMBER 17, 2025
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. Bid Summary
2. Modernscapes Innovations - Withdrawal of Bid