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HomeMy WebLinkAbout1997-06-02 City CouncilCity of Palo Alto 1 City Manager’s Report-a- TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS AGENDA DATE: JUNE 2, 1997 CMR:201:97 SUBJECT:GOLF COURSE IMPROVEMENT PROJECT: AWARD OF CONSTRUCTION CONTRACT FOR INTERIM GOLF COURSE TEES AND GREENS PROJECT AND AMENDMENT #2 TO THE CONSULTANT AGREEMENT This is a request for approval of a contract with Key Turf Irrigation, Inc. in the amount of $113,164 for the construction of interim tees and greens that will be used during the Golf Course Improvement Project, and an amendment to the consultant agreement with Amphion Environmental, Inc. in the amount of $11,000 for additional construction management services. RECOMMENDATIONS Staff recommends that Council: -1.Approve and authorize the Mayor to execute the attached contract to Key Turf Irrigation in the amount of $113,164 for Golf Course Interim Tees and Greens. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with Key Turf Irrigation, for related additional but unforeseen work which may develop during the project, the total amount of which change orders shall not exceed $12,000. Approve Amendment #2 to the consultant agreement with Amphion Environmental, Inc., to include an additional $11,000 for construction management services. P~ICY IMPLICATIONS The project is in accord with the adopted Golf Course Master Plan. contract and agreement amendment is consistent with existing policies. The award of the CMR:201:97 Page 1 of 3 EXECUTIVE SUMMARY Project Description In February 1997 (CMR:146:97), staff presented a report on the Golf Course Interim Improvements and Council approved a Budget Amendment Ordinance to fund the improvements. The attached construction contract provides for installation of the interim tees and greens Which are part of the Interim Improvements. The contracted scope of work includes earthwork and regrading for nine interim tees and greens. Golf Course staff will ¯ work closely with the contractor and will modify the irrigation heads and reseed the graded areas as the contractor completes the work. The interim tees and greens will allow 18 holes to remain open during construction of the Golf Course. The construction schedules for the Interim Improvements and the Golf Course Master Plan Improvements are shown in Attachment A. In April 1996, Council approved Amendment #1 to the contract with Amphion Environmental, Inc. (CMR:233:96), for schematic and final design services for Golf Course Improvements in accordance with the Golf Course Master Plan (CMR:248:95). Amendment #1 also included design services for the interim improvements, but did not include construction services. Consultant construction services will be needed for review of project schedules, requests for information, material submittals, payment requests, change orders; design and plan interpretation; and weekly construction meetings. Staff recommends approval of Amendment #2, Which will increase the amount of funding by $11,000 for construction management services to support the Interim Improvements. Bid Process A notice inviting formal bids was distributed to 13 general builders’ exchanges and four contractors. In addition, four general paving contractors picked up specifications prior to the bid opening. Bids were received from two qualified contractors on April 8, 1997, as listed on the attached summary (Attachment B). Staff recommends that the bid of $113,164, which excludes Add Alternate#l, submitted by Key Turf Irrigation be determined by Council to.be the lowest responsible bid and that the contract be awarded accordingly. The bid for Add Alternate #1 is higher than estimated by staff and can be more economically, performed by staff. The bid is 30 percent above the Engineer’s estimate of $86,950. While the bid was higher than estimated, staff reviewed the costs and concluded that it is a fair bid and recommends acceptance. FISCAL IMPACT A Budget Amendment Ordinance (BAO) was adopted on February 24, 1997 to fund the Interim Improvements and agreement amendment (CMR: 146:97). The proposed contract funding is within the funding of the BAO. CMR:201:97 Page 2 of 3 ENVIRONMENTAL ASSESSMENT Council approved a Mitigated Negative Declaration for this project in May 1995 (CMR:248:95). Major issues that were discussed included biotic resources, hazardous materials, reclaimed water, flooding, lighting and glare, and traffic and circulation. The Mitigated Negative Declaration determined that any potential impacts can be mitigated to levels of less than significant and will be incorporated into the design of the project. ATTACHMENT_S A - Project Schedule B - Bid Summary C - Contract D - Consultant Agreement Amendment #2 PREPARED BY: John Carlson, Acting Assistant Director DEPARTMENT HEAD REVIEW: ~LENN S. ROBERTS Director of Public Works PAUL THILTGEN 0 Director of Community Services CITY MANAGER APPROVAL: Assistant City Manager CMR:201:97 Page 3 of 3 o FORMAL CONTRACT PUBLIC WORK CONTRACT No. SECTION 00500 This Contract, dated m, is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City") , and ’ ", a~ ~, ("Contractor"). For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor ("the parties") agree: ¯ Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. This Contract may be terminated for convenience by the City upon ten (10) days’ prior written notice. = General Scooe of Pro!oct and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work. is generally described as follows: Title of Project:Palo Alto Golf Course Interir~ Tees & Greens NO.: 96083 Total Bid: ~. This Contract shall consist of the documents set forth below, which areon file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. This Contract. Notice. Inviting Formal Bid. Specifications and/or Scope of Work. Drawings. Change Orders. Proposal and Bid. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. Affirmative Action Guidelines and Compliance Report. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. CITY of PALO ALTO SECTION OO500-1 of 8 FORMAL CONTRACT SECTION 00500 = o ~J2J~t~0_Q. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. Insurance. On or before the Date of Execution, Contractor sl~all obtain and maintain the policies of insurance coverage described in.the Notice Inviting Formal Bids on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract. o Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and .representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any. and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in Part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental. Response, Compensation and Liability Act (42 U.S.C. § §9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. §§6901-6992k, as amended); the Toxic Substances Control Act (15 U0S.C. §§2601-2692, is amended); theCarpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, §§25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, §§25100- 25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, § §25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, §§25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. " . Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. CITY of PALO ALTO SECTION 00500-2 of 8 FORMAL CONTRACT ,i,, SECTION 00500 .W_L~v_~. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the. parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. o ComDliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials. 10. 11. J~Z~!.~. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice Inviting Formal Bids. ReDresentations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; bo Any mate~’ials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; C=Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work.shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. eo Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; fo Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard .to the terms and conditions of Contractor’s Bid, except as may be permitted by the Notice Inviting Formal Bids; go Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the ’power and authority conferred upon CITY of PALO ALTO SECTION 00500-3 of 8 FORMAL CONTRACT SECTION 00500 12. 13. 14. 15. the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; , There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other writte~ information as may be requested of Contractor by City from time to time during the term of this Contract; ko Contractor and any person performing labor and services under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and inspected the Project .site and has full knowledge of the physical conditions of the Project site. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. ~. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and .business records, as suchterms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. ~. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. CITY of PALO ALTO SECTION 00500-4 of 8 FORMAL CONTRACT To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 SECTION 00500 Copy to:City of Palo Alto Department of CommunitV Services 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 To Contractor: (415)-496-5916 FAX: (415)- ~ ATTN: Paul Dias, Project Manager Kev Turf Irrioatiort. In#, 2743 Sarver Lanf~ San Marcos. C~ 92069 (_7..Q~) 471-1867 FAX: (_7_~) 744-5940 16. ATTN: Michael Kev ADoro_Driation of Citv Funds. This Contract is subject to the fiscalprovisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (i) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funcls for this Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage.to the personal property of Contractor. b=Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. d.Definitions. The definitions and terms Set forth in Section 1 of the Standard Drawings and CITY of PALO ALTO SECTION 00500-5 of 8 FORMAl CONTRACT SECTION 00500 Specifications (1992) of this Contract are incorporated herein by reference. eo Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a superior governmental authority. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. ho Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. ko Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of, any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. I.Severability. If a court of competent jurisdiction finds or rules that any provision of this Contractr.is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. n=Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. Oo Time of the Essence. Time is of the essence of this Contract and each of its provisions, In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as legal holiday by City, the time for performance shall be extended to the following Business Day. p.Venue..In the event that suit is brought by either party hereunder, the parties agree that trial of CITY of PALO ALTO SECTION 00500-6 of 8 FORMAL CONTRACT SECTION 00500 such action shall be vested exclusively in the state courts of California in the County of Santa Clara in the City of San Jose or in the United States District Court for the Northern District of California in the City of San Jose. qo Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party. IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto, County of Santa Clara, State of California on the date first stated above. ATTEST:CITY OF PALO AITO: By: City Clerk Its: Mayor APPROVED:CONTRACTOR: City Manager By: Name: Director,of Public Works Title: Director of Community Services Taxpayer I.D. No. ~ Director of Administrative Services Manager Contract Administation (for: Risk) APPROVED AS TO FORM: Senior Asst. City Attorney CITY of PALO ALTO SECTION 00500-7 of 8 FORMAL CONTRACT SECTION 00500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF On , before me, a notary public in and for said County, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) END OF SECTION CITY of PALO ALTO SECTION 00500-8 of 8 PART II - PAYMENT(LABOR & MATERIALS) BOND SECTION 00620 City of Palo Alto _Contractor’s Payment (Labor and Materials) Bond WHEREAS, the City Council of the City of Palo Alto, State of California ("City") and Kev Turf Irrigation. Inc., ("Principal"), have entered into an agreement dated 0 and identified as Palo Alto Golf Course Interim Tees & Greens . which is hereby referred to and made a part hereof, whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment bond with the City of Palo Alto to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREOF, Principal and , as Sur.ety incorporated under the laws of the State of , and duly authorized to transact business as an admitted surety under the Laws of the State of California, are held and firmly bound unto City in the penal sum of One hundred thirteen thousand. qn~ hundred sixty four dollars and no cents Dollars ($ 113.164.00 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 3181 of the California Civil Code, as amended, with respect to any work or labor performed or materials supplied by any such persons, companies, or corporations, which work, labor or materials are covered by the above-mentioned agreement and any. amendments, changes, change order, additions, alterations or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18805 of the California Revenue and Taxation Code, as amended, with respect to such work and !abor, the Surety will pay for the same, in an amount not exceeding the sum hereinabove specified, and also, in case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to be fixed by the court. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety hereby stipulates and agrees that no amendment, change, order, addition, alteration, Or modification to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agreement or to the work performed thereunder or to the specifications accompanying the same. CITY of PALO ALTO: Payment Bond SECTION 00620-1 of2 PART II o PAYMENT(LABOR & MATERIALS) BOND SECTION 00620 IN WITNESS WHEREOF, this instrument has been duly executed by the PrinciPal and Surety above named on , 19~ PRINCIPAL, PHONE NUMBER: BY: Its: SURETY, PHONE NUMBER: BY: Its:, (Type Company Name) (Type Company Name) Certificate of,Acknowledgment (Civil Code § 1189) STATE OF CALIFORNIACOUNTY OF. On , before me, , a notary public in and for said County, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Is/are subscribed to the within instrument, and acknowledged to me that hslshe/theyexecuted the same in hie/her/their authorized capacity(lee), end that by his/her/their signature(s) on ~hs instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my hand and official seal. STATE OF CALIFORNIA ) COUNTY OF .) Notary Public for the State of California On , before me, , a notarypublic In and for said County, personally known to me (or proved to me on the basis of eatisfactow evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument, and acknowledged to me that helshelthsy executed the same in his/her/their authorized capacity(lee), and that by his/her/their signature(s) on the Instrument the person(s), or the sntlw upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. APPROVED AS TO FORM:Notary Public for the State of California City Attorney End of Section CITY of PALO ALTO: Payment Bond SECTION 00620-2 of 2 PART II - PERFORMANCE BOND SECTION 00610 City of Palo Alto Contractor’s Performance Borld WHEREAS, the City Council of the City of Palo Alto, State of California ("City") and ~ Irrigation. Inc., ("Principal") have entered into an agreement dated , and identified as Palo Alto Golf Course Interim Tees & Greeq~ which is hereby referred to end made e part hereof whereby Principal agrees to install and complete certain designated public improvements: and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, Principal and , as Surety, incorporated under the laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of One hundred thirteen thousand, Dollars ($ 113.164.00. ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors or assigns shall promptly and faithfully keep and perform the covenants, conditions and provisions of the above-mentioned agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such agreement and shall fully protect, indemnify, defend and hold harmless City, its officers, agents, and employees from all claims, demands or liabilities which may arise by reason of Principal’s failure to do so, and shall,reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and .void; otherwise, it shall remain in full force and effect. As part of the obligations secured hereto, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefor. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the Specifications. CITY of PALO ALTO: Performance Bond SECTION 00610-1 of 2 PART II - PERFORMANCE BOND SECTION O0610 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on ., 19~ PRINCIPAL, (Type Company Name) BY: Its SURETY, (Type Company Name) PHONE NUMBER:, BY: Its Certificate of Acknowledgment (Civil Code § 1189) STATE OF CALIFORNIA COUNTY OF. On , before me, , a notary public in end for said County, personally ~now~ to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ts/ere subscribed to the within Instrument, end acknowledged to me that he/she/theyexecuted the same in his/herltheir authorized capacity(lea|, end that by hislhsr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand end official seal. Notary Public for the State of California STATE OF CALIFORNIA COUNTY OF. On , before me, , a notarypubllc in and for said County, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(lea), and that by his/her/their signature{s) on the,instrument the person(s), or the entity upon behalf of whichthe person(s) acted, executed the instrument. WITNESS my hand end official seal. APPROVED AS TO FORM:Notary Public for the State of California City Attorney CITY of PALO ALTO: Performance Bond SECTION 00610-2 of 2 AMENDMENT NO. 2 TO CONTRACT NO. ~ ~D5~8~ BETWEEN THE CITY OF PALO ALTO AND AND AMPHION ENVIRONMENTAL, INC. FOR PROFESSIONAL ENGINEERING CONSULTANT SERVICES This Amendment No. 2 to Contract No.~Sf~ ("Contract") is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and AMPHION ENVIRONMENTAL, INC., a California corporation, located at 1330 Broadway, Suite 300, Oakland, CA 94612 ("CONSULTANT"). RECITALS: WHER~AS~. the Contract was entered into between the parties for the provision of professional consultant services for preparation of a golf course master improvement plan as hereinafter described; and WHEREAS, the parties wish to amend the Contract; ~NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: follows: SECTION i.Section 6.1 is hereby amended to read as "In consideration of the full performance of"the Basic Services described in Section 4 of this Agreement, CITY agrees to pay CONSULTANT a fee not to exceed Five Hundred Seventy-three Thousand Three Hundred Thirty Dollars ($573,330).. The amount of CONSULTANT’S compensation shall be calculated as set forth in Exhibit "B", entitled "Rate Schedule," attached hereto and made a part hereof by this reference, on a time and materials basis, up to the maximum amount set forth in this paragraph 6.1." SECTION 2. Exhibit "A" to the Contract is hereby amended to add a fee schedule for Golf Course Improvements to read in accordance with the revised Exhibit "A", which is attached hereto and incorporated herein by reference. sECTION 3. Except as herein modified, all other provisions of the Contract, including any exhibits and subseqUent amendments thereto, shall remain in full force and effect. 970522 syn 0071148 IN WITNESS WHEREOF, the parties .have by their duly authorized representatives executed this Amendment on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED:. AMPHION ENVIRONMENTAL, INC. Its: Taxpayer I.D. No. 94-2972872 City Manager Director of Community Services Deputy City Manager, Administrative Services APPROVED: Director of Public Works Director of Parks and Golf RiskManager- Attachment: EXHIBIT "A": SCOPE OF PROJECT & TIME SCHEDULE EXHIBIT "B": FEE SCHEDULE BY TASK 970522 syn 0071148 2 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code ~ 1189) STATE OF CALIFORNIA COUNTY OF ALAMEDA ) ) ) On May 23, 1997 , before me, the undersigned, a notary public in and for said County, personally appeared-E. BYRON McCULLEY- ~ (or proved to me on the basis of satisfactory evidence) to be the person~s~ whose name,s+ is~a~ subscribed to the within instrument, and acknowledged to me that he/~ executed .the same in his/~~ai-~ authorized capacity(~), and that by his~v&~ee~ signature(~ on the instrument the person Cs¢, or the entity upon behalf of which the person~acted, executed the instrument. WITNESS my hand and official seal. 970522 syn 0071 REVISED EXHIBIT A FEE SCHEDULE AMENDMENT #2 Golf Course Improvements Amphion Environmental, Inc. GOLF COURSE MASTER PLAN $158,880 ~2~G~_OLF COURSE IMPROVEMENTS ___"_$414,450 SCHEMATIC DESIGN CONSTRUCTION DOCUMENTS Interim Improvements Golf Course BIDDING SERVICES (time and materials) CONSTRUCTION SERVICES Interim Imp. Construction, Amphion ~4~Interim Imp. Construction, Halsey Daray Golf ~3~Field Observation, Golf Course Construction MEETINGS (time and materials) REIMBURSABLES (time and materials) Project Closeout $24,900 $228,500 $6,500 $11,000 TBD $104,000 $253,4OO $17,500 $18,050 $21,500 TBD CONTRACT SUBTOTAL ¯__$573,330 ~2~ADDITIONAL SERVICES "$12,500 Erosion Control Plan-$5,500 Wildlife Investigations $7,000 TOTAL CONTRACT AMOUNT ___$5~830 (1)Original Contract (2)Amendment # 1 (3)To be determined when final design is completed (4)Amendment # 2 05/27/97 Page 1 of 2 Pages EXH-A-1 .WK4 REVISED EXHIBIT A, FEE SCHEDULE AMENDMENT #2 Golf Course Improvements Amphion Environmental, Inc. (2),Golf Course Improvements included in Amendment #1 1. Install irrigation system for the entire golf course 2. Storm Drain System a. Construct storm drain reservoir b. Install storm drainage system for the entire golf course c. Install drainage pipes for fairway sand traps 3. Golf Course Surface Improvements a. Reconstruct fairway #s 4, 7, 13; 15 & 16 b. Reconstruct greens on fairway #s 4, 5, 7, 8, 11, 13, 15 &16 c..Rec0nstruct traps on fairway #s 4, 5, 6, 7, 10, 13, 15 &16 d. Reconstruct tees on fairways #s 3, 4, 7, 10,13, 15, 16 & 18 e.Reconstruct roughs 4. Driving Range a. Replace existing fencing b. Realign driving range 5. Parking Lot a. Reconfigure Parking lot b. Add landscaping c. Add exit to Embarcadero Road d. Parking Lot lighting 6. Repair and resurface entrance road 7. Construct bike path along Embarcadero Road 8. ADD ALTERNATES TO BID a. Install trees per master plan b. Fairway perimeter fencing upgrade 9. Interim Improvements (2) Amendment # 1 (4) Amendment # 2 05/27/97 Page 2 of 2 Pages EXH-A-1 .WK4