HomeMy WebLinkAboutStaff Report 187-08of Pa o Allto
Manager’s
TO:HONORABLE CITY COUNCIL
6
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
APRIL 7, 2008 CMR:187:08
APPROVAL OF A CONTRACT WITH SY-NLAWN, INC., IN TI-t~ AMOUNT
OF $399,939 FOR THE RENOVATION OF THE DRIVING RANGE AT THE
PALO ALTO MUNICIPAL GOLF COURSE, CAPITAL IMPROVEMENT
PROGRAM PROJECT PG-08001
RECOMMENDATION
Staff recommends that Council:
1. Authorize the City Manager or his designee to execute the attached contract (Attachment A)
in the amount of $399,939 with Synlawn, Inc. for the replacement of artificial turf at the Palo
Alto Municipal Golf Course driving range (Capital Improvement Program Project PG-
08001); and
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Synlawn, Inc., for related, additional but unforeseen work that
may develop during the project, the total value of which shall not exceed $60,000.
BACKGROUND
The Palo Alto Municipal Golf Course Driving Range was renovated in 1998 and includes
lighting for night time use, multiple target greens, 26 individual hitting stalls, 5 enclosed stalls
for lessons, and video equipment for taping the golf swing. Artificial turf was installed to reduce
maintenance costs associated with mowing, irrigating and maintaining natural turf. When the
artificial turf was installed, it was projected to have a life of ten years. Each year, 35,000 players
enjoy the facilities that the driving range provides. The wear of the existing turf has resulted
from picking up golf balls by using ride-around collection machines up to seven times daily. To
meet customer expectations, maintain a safe environment, avoid revenue loss, and stop the
expensive replacement of range balls, complete turf replacement is required. The size and
dimensions of driving range will remain unchanged (Attachment B - Site Map).
The proposed turf replacement project will consist of the removal and disposal of the current
artificial surface, construction preparation to the base rock material, and installation of the new
artificial turf surface. An associated project to replace the netting around the driving range will
be accomplished by a separate contractor at the same time as the turf replacement in order to
minimize disruption to customers.
CMR:187:08 Page 1 of 3
This project was submitted as part of the 2007-2009 Capital Budget and funding was approved
by Council for the 2007-2008 Fiscal Year. Staff has developed a scope of work for the project
that will ensure that the proposed improvements will be durable, cost-effective and aesthetically
compatible with the Municipal Golf Course.
It should be noted that an operational analysis of the golf course is currently underway, led by
Economic Research Associates. The study aims to analyze the local golf market, and the physical
facility and site, and to further provide recommendations on alternative operating models. The
City Council will have the opportunity to review and discuss the study later this fiscal year. The
implications of the study will not dispute the fact that the driving range turf has reached its useful
life and must be replaced, regardless of any proposed alternative operating models.
DISCUSSION
Bid Process
A notice inviting formal bids for this project was posted at City Hall on January 24, 2008, and
sent to 8 independent contractors. The bidding period was 32 days. Bids were received from four
qualified contractors on February 26, 2008, as listed on the attached bid summary (Attachment
C). Bids ranged from a low bid of $399,939 to a high of $460,100. The low bid is 33 percent
below the staff estimate of $600,000.
Summary of Bid Process
Bid Name/Number: Municipal Golf Course Driving Range Turf Replacement
IFB #RFQ125551
Proposed Length of Project: 30 calendar days
Number of Bids Mailed to Contractors: 8
Number of Bids Mailed to Builder’s Exchanges: 0
Total Days to Respond to Bid: 34
Pre-Bid Meeting? Yes
Number of Company Attendees at Pre-Bid Meeting: 14
Number of Bids Received: 4
Bid Price Range: (including all alternates) Low bid $399,939 to a high of $460,100
Staff recommends that the bid $399,939 submitted by Synlawn, Inc. be accepted and that
Synlawn, Inc., be declared the lowest responsible bidder. The change order amount of $60,000
(which equals 15% of the total contract) is requested to resolve unforeseen problems and/or
conflicts that may arise during the construction period.
Staff checked references supplied by the contractor for previous work performed and found no
significant complaints. Staff also checked with the Contractor’s State License Board and found
that the contractor has an active license on file. The Contractor’s Certification of Non-
discrimination is Attachment D.
Work is expected to start in April 2008 and be complete in thirty days from the Notice to
Proceed. Care has been taken to plan the actual renovation of this facility to avoid any
inconvenience to the public or disruption to essential golf course operations. While the driving
CMR:187:08 Page 2 of 3
range is under renovation, the public will be accommodated by the use of the putting green and
practice bunker.
RESOURCE IMPACT
Funds for this project are included in Capital Improvement Program Project - PG-08001 (Golf
Course Driving Range Turf Replacement). This project will be funded from the General Fund.
General Fund costs will be reimbursed from Golf Course revenues. $600,000 was originally
budgeted for this project. Based on the actual bid price, construction and contingency costs will
now total $459,930.
Because the turf replaces similar material, no change in operating or maintenance costs is
anticipated.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
The proposed project is consistent with existing City policy, including Comprehensive Plan
Policy C-26: Maintain and enhance existing park facilities.
ENVIRONMENTAL REVIEW
This project has been determined to have no significant effect on the environment and to be
categorically exempt from review under the California Environmental Quality Act (CEQA) as
repair and maintenance of existing and similar facilities pursuant to CEQA Guidelines, Section
15301 (c).
ATTACHMENTS
Attachment A: Contract
Attachment B: Site Map
Attachment C: Bid Summary
Attachment D: Certificate of Nondiscrimination
PREPARED BY:
JOSEPH VALLAIRE
Golf Course Superintendent
DEPARTMENT HEAD:
nity Services
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
CMR: 187:08 Page 3 of 3
City of Palo Alto Contract no. C08125551
GENEI:btL SER~qCES AGREEMENT
THIS AGREEMENT made and entered into on the ath
and between the CITY OF PALO ALTO (" CITY"), and:
~-ame)SrS!awn of Central California, !nc.
(Address) 4~9s East Ca-~ea
Fresno
(C~ty)
(State)~ca (Zip) 93703 (Phone) 559-433-3375 ("CONTRACTOR"). In
consideration of their mutual covenants, the parties hereto agree as follows:
SERVICES. CONTRACTOR shall provide or furnish the services ("Services") described in the
Scope of Services, attached as Exhibit A.
EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
IV" "A" - Scope of Services, Terms, conditions and Specifications
~"B"- Schedule of Performance
P" "C" - Compensation
~ "D" - Insurance Requirements
~ "E" - Discrimination Compliance Form
I’5" "F" - Performance and/or Payment Bond
~ "G"- Liquidated Damages
CONTRACT IS NOT C03,IPLETE UNLESS A LL EXJ-IIBITS ARE ATTACHED.
T E PalM.
(a) The term of this Agreement is from ~r,~z a, 2008 to
au~e so, 2008 . inclusive, subject to the provisions of subsection 3.(b) and
Section Q of the General Terms and Conditions.
(b)Fs" Option to extend. CITY has the right to extend the term of this Agreement for up to 1_
additional one year periods (the "Additional Terms"), based upon the same conditions of the
initial term, subject to adjustments for compensation as set forth in Section E of the General
Terms and Conditions. CITY shatl notify CONTRACTOR in writing of its exercise of its
option for an Additional Term not less than thirty (30) days prior to the end of the then current
term. CITY’s exercise of its rig.hi to extend the term of this Agreement is not a waiver of the
"time is of the essence" provision in Section 4.
SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the
term of this Agreement in a reasonably prompt and timely manner based upon the circumstances
and direction communicated to CONTRACTOR, and if applicable, in accordance with the
schedule set forth in the Schedule of Performance, attached as Exhibit B. Time is of the essence in
this Agreement.
COMPENSATION. CITY shaI1 pay and CONTRACTOR agrees to accept as not to exceed
compensation for the fu!l performance of the Services and reimbursable expenses, if any:
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The ~otai maximum lump sum compensation of three hundred nine.w nine
thousa:d nine hundred thim~ nine dollars, (S 3~s, 933. so ).
CONTRACTOR a~ees that it can perform the Services for an amount not to exceed the total
maximum compensation set forth above. Any hours worked or services performed by
CONTRACTOR for which payment would resuk.in a total exceeding the maximum amount of
compensation set forth above for performance of the Services shal! be at no cost to CITY.
CONTRACTOR shall provide Additional Services only by advanced, written
authorization from the Ci~ Manager or designee. CONTRACTOR, at the CITY’s
request, shall submit a detailed written proposal including a description of the scope of
services, schedule, level of effort, and CONTI~kCTOR’s proposed maximum
compensation, including reimbursable expense, for such services. Compensation shall be
based on the hourly rates set forth above or in E~hibit C (whichever is applicable), or if
such rates are not applicable, a negotiated lump sum. CITY shall not authorize and
CONTP,_kCTOR shall not perform any Additional Services for which payment would
exceed the amount set forth above for Additional Services. Payment for Additional
Services is subject to all requirements and restrictions in this Agreement.
LNVOICING. Send all invoices to the CITY, Attention: Project Nianager. The Project Manager
is: Joseph Vallaire
DeptCommunity Se-~vices, Golf and Parks Division,
Telephone: 650-329-2175 . Invoices shall be submiKed in arrears for
Services performed. Invoices shal! not be submitted more frequently than monthly. Invoices shall
provide a detailed statement of Services performed during the invoice period and are subject to
verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of
receipt.
GENERAL TER2vIS AND CONDITIONS
A.ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this
Agreement. This Ageement includes and is limited to the terms and conditions set forth in
sections 1 through 6 above, these general terms and conditions and the attached exhibits.
QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and
qualifications to complete the services described in Section 1 of this Ageement, entitled
"SERVICES," and that every individual charged with the performance of the services under this
Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such
licensing or certification is required by law, to perform the Services. CITY expressly relies on
CONTP,_kCTOR’s representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in accordance with generally accepted business practices
and performance standards of the industry, including all federal, state, and local operation and
safety regulations.
INDEPENDENT CONTRACTOR. It is understood and ageed that in the performance of this
Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be
considered an independent CONTRACTOR and not an agent or employee of CITY.
CONTKACTOR shall be responsible for employing or engaging all persons necessary to complete
the work required under this Agreement.
SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services
under this Ageement unless CONTRACTOR obtains prior written consent of CITY.
CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and
for any compensation due to subcontractors.
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COMPEN’SATION DURING ADDITIONAL TER_MS. CONT~4CTOR’s compensat!on rates
may be adjusted effective on the commencement of each Additional Term. The lump sum
compensation amount, hourly rates, or i~es, whichever is applicable as set fo~h in section
above, may be increased by an amonnt not to exceed the percentage increase in the Consumer
Price Index for Urban Wage Earners and Clerica! Workers for the San Erancisco-Oakland- San
Jose area. published by the United States Department of Labor Statistics (CPI) which is published
most immediately preceding the commencement of the applicable Additional Term, which shall be
compared with the CP[ published most immediately preceding the commencement date .of the then
expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation
rates be increased by an amount exceeding five percent of the rates effective during the
immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be
reflected in a written amendment to this A~eement.
TAXES AND CHARGES. CONTtL~.CTOR shall be responsible for payment of all taxes, fees,
contributions or charges applicable to the conduct of CONTRACTOR’s business.
COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services
comply with all applicable federal, state and local laws, ordinances, regulations, and orders
DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole
expense, repair in kind, or as the City, Manager or designee shall direct, any damage to public or
private property that occurs in connection with CONTRACTOR’s performance of the Services.
CITY may decline to approve and may withhold payment in whole or in part to such extent as
may be necessary to protect CITY from toss because of defective work not remedied or other
damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services.
CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s
request. When the grounds described above are removed, payment shall be made for amounts
withheld because of them.
WARtL~NTIES. CONTRACTOR expressly warrants that all services provided under this
Agreement shall be performed in a professional and workmanlike manner in accordance with
genera!ly accepted business practices and performance standards of the industry and the
requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and
equipment provided by CONTRACTOR under this Agreement shall be fit for the particular
purpose intended, shall be free from defects, and shall conform to the requirements of this
Agreement. CONTRACTOR a~ees to promptty replace or correct any material or service not in
compliance with these warranties, including incomplete, inaccurate, or defective material or
service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a
period of 5 years from completion of the Services and shall survive the completion of the Services
or termination of this Agreement.
MONITORING OF SERVICES. CITY may monitor the Services performed under this
Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner
and complies with the provisions of this Agreement.
CITY’S PROPERTY. Any reports, information, data or other material (including copyright
interests) developed, collected, assembled, prepared, or caused to be prepared under this
Agreement will become the property of CITY without restriction or limitation upon their use and
will not be made available to any individual or organization by CONTRACTOR or its
subcontractors, if any, without the prior written approval of the City Manager.
AUDITS. CONTRACTOR agees to permit CITY and its authorized representatives to audit, at
any reasonable time during the term of this A~eement and for three (3) years from the date of
final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement.
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CONTRACTOR agrees to maintain accurate books and records i~, accordance with generally
accepted accounting principles for at least three (3) following the terms of this Agreement.
NO IMPLI.ED WAIVER. No pa?~nent, partial pa?~-nent, acceptance, or partial acceptance by
CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.
INSUP~-~NCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during
the term of this A~eement, the insurance coverage described in Ex_hibit D. Insurance must be
provided by companies with a Best’s Key rating of A-:VII or higher and which are otherwise
acceptable to the Ctiy’s Risk Manager. The City’s Risk Manager must approve deductibles and
self-insured retentions. In addition, all policies, endorsements, certificates and!or binders are
subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a
policy endorsement naming the City. of Palo Alto as an additional insured under any general
liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the
insurance is primary coverage and will not be canceled or materially reduced in coverage or limits
until after providing 30 days prior written notice of the cancellation or modification to the City’s
Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of
coverage satisfactory to CITY’s Risk Manager, together with the requked endorsements and
evidence of payment of premiums, to CITY concurrently with the execution of this Agreement
and shall throughout the term of this Ageement provide current certificates evidencing the
required insurance coverages and endorsements to the CITY’s Risk Manager. CONTRACTOR
shall include all subcontractors as insured under its policies or shall obtain and provide to CITY
separate certificates and endorsements for each subcontractor that meet all the requirements of this
section. The procuring of such required policies of insurance shall not operate to limit
CONTRACTOR’s liability or obligation to indemnify CITY under this A~eement.
HOLD HAI~,’~ILESS. To the fullest extent permitted by law and without limitation by the
provisions of section F. relating to insurance, CONTRACTOR shall indemnify, defend and hold
harmless CITY, its Council members, officers, employees and agents from and against any and all
demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any
person, property damage or any other loss and including without limitation all damages, penalties,
fines and judgments, associated investigation and administrative expenses and defense costs,
including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative
dispute resolution), , arising out of, or resulting in any way from or in connection with the
performance of this Agreement. The CONTRACTOR’s obligations under this Section apply
regardless of whether or not a liability is caused or contributed to by any negligent (passive or
active) act or omission of CITY, except that the CONTRACTOR shal! not be obligated to
indemnify" for liability arising from the sole negligence or willful misconduct of the CITY. The
acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification.
The provisions of this Section survive the completion of the Services or termination of this
Contract.
NON-DISCRIMINATION. In the performance of this Contract, CONTRACTOR shall not
discriminate against any employee or applicant for employment because of race, skin color,
gender, age, religion, disability,, national origin, ancestry, sexual orientation, housing status,
marital status, familial status, weight or height of such person. CONTRACTOR agrees to meet all
requirements of Palo Alto Municipal Code, Chapter 2.30 pertaining to nondiscrimination in
employment, including completing the Non-Discrimination Compliance Form, attached hereto as
E~-~nibit D, and incorporated herein by this reference.
WORKERS’ COMPENSATION. CONSULTANT, by executing this Ageement, certifies that it
is aware of the provisions of the Labor Code of the State of California which require every
employer to be insured against liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that it will comply with such
provisions, as applicable, before commencing and during the performance of the Services.
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TERMINATION. The City Manager may te..-minate this A~eement without cause by giving ten
(i0) days" prior v~vinen notice thereof to CONTRACTOR. It" CONTK~.CTOR fails to perform any
of its material obligations under this Agreement, in addition to ai! other remedies provided by law,
the Cib; Manager may resinate this A~eement immediately upon wrinen notice of termination.
Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue
performance. CITY, CITY shall pay CONTRACTOR for services satisfactorily performed up to
the effective date of te..m’~ina~ion. If the termination if for cause, CITY may deduct from such
pa?-ment the amount of actual damage, if any, sustained by CITY due to Contractor’s f’ailure to
perform its material obligations under this Ageement. Upon termination, CONTRACTOR shall
immediately deliver to the City Manager any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed, prepared by
CONTRACTOR or given to CONTRACTOR, in connection with this Ageement. Such materials
shall become the property of CITY.
ASSIGNMENTSiCHANGES. This Agreement binds the parties and their successors and
assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred
without the prior written consent of the CITY. No amendments, changes or variations of any kind
are authorized without the ~witten consent of the CITY.
CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it
presently has no interest, and will not acquire any interest, direct or indirect, f’mancial or
otherwise, which would conflict in any manner or degree with the performance of this Contract.
CONTRACTOR further covenants that, in the performance of this Contract, it will not employ
any person having such an interest. CONTRACTOR certifies that no City Officer, employee, or
authorized representative has any financial interest in the business of CONTRACTOR and that no
person associated with contractor has any interest, direct or indirect, which could conflict with the
faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict
arises.
GOVERNING LAW. This contract shall be governed and interpreted by the laws of the state of
California.
ENTIRE AGREEMENT. This Agreement, including all e:~ibits, represents the entire
agreement between the parties with respect to the services that may be the subject of this
Agreement. Any variance in the e.~ibits does not affect the validi~ of the Agreement and the
Agreement itself controls over any conflicting provisions in the exhibits. This Agreement
supersedes all prior agreements, representations, statements, negotiations and undertakings
whether oral or written.
NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of
the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without
any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this Contract are no longer available.
This Section shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Contract.
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THiS AGR_EEMENT SHALL BECOME EFFECTIVE UPON ITS A2PROVAL AND EXECUTION BY
CITk. IN WI~YNESS Vv°HE~EOF. THE PARTIES HAVE ffXECUYED THIS AO~c~E_’vln,_N ~ Tr! ....
MONTH: AND YEAK Fi~ST ~VRffTTEN ABOVE.
CITY OF PALO ALTO SYNL. .~kWN1OF.., CENTP,~S_L CALIFOR_NAIA
Asst. City Manager (Required on contracts $25K & Over)
Purchasing Manager
Approved as to form:
Senior Assistant City Attorney
Insurance Review
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EXttIBIT A
SCOPE OF SERVICES
1. -GENERAL
1.01 DESCRIPTION
The WORK to be performed under this Agreement shall consist of furnishing all tools,
equipment, materials, supplies, and manufactured articles and for furnishing all
transportation and services, including fue!, power, water, and essential corm-nunications,
and for the performance of all labor, work, or other operations required for the fulfillment
of the contract in strict accordance with the Specifications and Drawings. The WORK
shall be complete, and all work, materials, and services not expressly shown or called for
in the Contract documents which may be necessau for the complete and proper
construction of the WORK in good faith shall be performed, furnished, and installed by
the CONTRACTOR as though originally so specified or shown, at no increase in cost to
the CITY. The CONTRACTOR shall also be responsible for construction coordination
with other construction activities within the CITY.
1.02 WORK COVERED BY CONTRACT
The Scope of Work for this project includes, but is not limited to, removal and disposal of
existing artificial turf in the Palo Alto Golf Course driving range, re-grade existing base
and install new artificial turf. Under the Terms, Conditions and Specifigcations detailed
in RFQ 125551 and attached herein and made a part ofthis Agreement.
2. SCOPE. SPECIFICATIOONS. TECHNICAL AND GENERAL REOUIREMENTS
2.01 SCOPEofSERVICES
The scope of work for this project is for removal, and disposal of current artificial tu~
preparation of base and installation of new turf to the driving range. All existing contours are to
remain the same. The installation work will include furnishing of all materials and equipment for
the completion of the installation of the artificial turf surface. The contractor will use an adequate
number of skilled wor’kmen who are thoroughly trained and experienced in the necessary crafts
and who are completely familiar with the specified requirements of the methods needed for the
proper performance of the work of this project. Installation of artificial turf materials shall be by a
qualified artificial turf contractor, per manufacturer’s specifications. The installation will be done
as to comply fully xvith manufacturer’s and fabricator’s instructions for installation, including
each step in sequence.
1. Work Scheduling:
CONTRACTOR will meet with the Golf Course superintendent prior to ~vork commencing to
discuss and verify, the work schedule and timing, access to the site with staff and equipment,
storage for materials and storage, safety issues and other pertinent information retative to this
project.
2. Damage:
The contracter will *~"~.~ orecautlons not to damage turf orll-;~oro: ,_~.~n._ . however ~he Ci~. will ~e~"
responsibiiit? %r repairs caused by the work.
3. Project Coordination:
This project wi!! take place simultaneously with the driving range net replacement project.
Contractor will provide access and coordinate with the ne~ing contractor prior to and during all
the work on the driving range.
4. Insurance Requirements
Contractors to the City of Palo Alto, at their sole expense shall obtain and maintain insurance for
the term of the contract. Contractors will be required to provide a certificate evidencing the
insurance and naming the city as an additional insured. The certificate of insurance must be
completed and executed by an authorized representative of the company providing insurance,
filed with the city, and approved by the city before contract will be considered complete as
respects to insurance.
The City requires all contractors to provide a certificate of insurance in the amount of at least
1,000,000.
5. Contractor’s License Requirements
Subject to verification of good standing, CONTRACTOR shall submit a copy of its current
contractor’s license as issued by the State of California under Chapter 9 of Division III of the
California Business and Professions Code (Section 70000 et seq). CONTRACTOR shall possess
a valid contractor’s license in the following category:
No Class A (General Engineering), or,
California Contractors License, C-27, Landscaping
SPECIFICATIONS
1. Artificial Turf Minimum or Equal Qualifications (Specifications):
Integral Color: Range Field/Fairway-Verde (medium) Green
Pile Height: 1 12/32" to 1 1/2" inch
Turf resistant to mildew, rot or dry rot, insects and fungus
Permeability: 60-90 inches/hour / 55 gallons per sq. ft. per hour
Face Weight: Minimum 16 oz per square yard
All turf and backing materials shall be porous to prevent bubbling of the surface, prevent
moisture retention and provide for positive drainage.
Face fibers to withstand temperatures up to 180 degrees Fahrenheit.
Co-efficiency of thermal expansion for fiber to be 225 degrees Fahrenheit.
12 stitches per three inches
Primary backing to be heat and ultra violet light stabilized woven polypropylene
Backing: multi- layered polypropylene, coated with perforations
Gauge: 3/4inch
Pile Yarn Type: UV-resistant polyethylene
CONTRACTOR shall examine work of aggregate base to receive synthetic turf and veri~" that it
is in-compliance with manufacturer’s recommendations to accept specified artificial surface
materials and determine if the base and finished gade meet the tolerances for installation. The
contractor will install artificial turf per manufacturer’s recommendation for installation over
aggregate base. Contractor will sew all straight seams, butt and glue turf. Artificial turf will be cut
and glued around catch basins and concrete curb around driving range. Glue adhesive will be
moisture cured, wa~er resistant, strippable, non-staining D,-pe recommended by the manufacturer,
wi~h flame spread rating required for ~he turf insta~la~ion. Al! gluing to concre:e or turf will be
done according to manufacmreFs recommendations. AnificiaI turf wiiI be top dressed with the
rate and materials recommended by the turf manufacture~ for longest turf wear.
2. \Varrant?:
Manufacturer’s warranty for a~ificial turf materials shaI1 be a minimum of 5 years from ultra-
violet degradation, fading in excess of 15% of original color, rot, loss of more than 15% of fiber
backing material and excessive wear. Warranty on installation and workmanship shall be for a
minimum of 1 year.
4. TECHNICAL REOUIRE~ IENTS
A.. GENERAL SCOPE OF WORK
The specifications or scope of work included have been prepared to describe the standard
of quality, performance, and other characteristics needed to meet City requirements.
"NB. ~SPECTIO_
Inspection of work performed under this Agreement -,viii be made by the Project Manager
or designated open space staff. Inspections wi!! be made as the work progresses at such
intervals as are necessary to ensure compliance with the contract requirements. A final
inspection by the project manager wi!l be required before the project will be considered
complete. Any accidents, damage, or work done outside the scope of work sha!l be
reported to the project manager immediately. 100% of work will be inspected.
C. PAYMENT
Payment shall be made upon completion and acceptance of the work at the bid rate. If upon
inspection, work does not meet the performance standards, rework will be required before
payment Is processed. No payment will be made for items of work not meeting the standards
of performance. Partial payments can be made after inspection and acceptance by the Project
Manager.
5.GENERAL REQUIREMENTS
A.TESTING LABORATORY SERVICES
PA2,.T 1 -- GENERAL
1.01 DESCRIPTION
A.Work Included:
Cooperate with the City’s selected testing agency and al! others
responsible for testing and inspecting the Work.
Provide "Ce~ificates of Compliance" when required and such
other testin~ and inspecting as a~ ~,ecl.:~.d to be ~umlsned by the
Contractor in this Section and/or elsewhere in the Contract.
PART
B.Related Work:
Documents affecting Work of this Section include, but are not
necessarily limited to, General Conditions, Supplementary
Conditions, and Sections in Division ! of these Specifications.
Requirements for testing are described in various Sections of these
Specifications.
\Vhere no testing requirements are described, but the City decides
that testing is required, the City may require such testing to be
performed under current pertinent standards for testing. Payment
for such testing will be made as described in this Section.
C.Work Not Included:
Selection of testing laboratory: The City ,,viii select a pre-qualified
independent testing laboratory.
Payment for initial testing: The City will pay for initial services of
the testing laboratory as further described in Part 4 of this Section.
2---QUALITY ASSURANCE
A.The testing laboratory will be approved by the City.
Testing, when required, will be in accordance with the selected standards of either
the American Society for Testing and Materials or the State of California,
Department of Transportation, Transportation Laboratory Testing Manual when
specified (latest edition).
C.PRODUCT HANDLING
Contractor shall promptly process and distribute required copies of test reports and
related instructions for the "Certificate of Compliance" to alIow necessary retesting
and/or replacement of materials with the least possible delay in progress of the Work.
D.COOPE1L&TION WITH TESTING LABOR,~TORY
Representatives of the testing laboratory shall have access to the Work at all times
and all locations where the Work is in progress. Contractor shall provide such
access to enable the laboratory to perform its functions properly.
T:M(ING SPECIMENS
PART
3.01
3.02
3.03
All specimens and samples for testing, unless otherwise provided in the
Contract, shall be taken by the testing personnel. A!I sampling equipment
and Personne! will be provided by the testing laboratory. A!I deliveries of
specimens and samples to the testing laboratory will be performed by the
testing laboratory.
SCHEDULES FOR TESTING
A.Establishing Schedule:
By advance discussion with the testing laboratory, selected by the
City, determine the time required for the laboratow to perform its
tests and to issue each of its findings.
Provide no less than 48 hours notice to the Engineer that testing
will be required and provide all required time with_in the
construction schedule to perform necessary testing.
Revising schedule: When changes of construction schedule are necessary
during construction, coordinate all such changes with the testing
laboratory as required.
Adherence to schedule: When the testing iaboratoW is ready to test, but is
prevented from testing or taking specimens due to incompleteness of the
Work, atl extra charges for test is attributable to the delay may be
back-charged to the Contractor and shall not be borne by the City.
3 MEASURE,~ lENT AND PAYMENT
INITIAL TESTING SERVICE
Except where testing needs to be performed by the Contractor (for example, for a
"Certificate of Compliance"), the City will pay for initial testing services request
by the City.
RETESTING
When initial tests indicate non-compliance with the Contract, subsequent retesting
required by the non-compliance shall be performed by the same testing agency,
and costs thereof will be deducted by the City from the Total Contract .Amount.
CONTRACTOR’S CONVENIENCE TESTING
Inspecting and testing performed exclusively for the Contractor’s convenience
shall be the sole responsibility of the Contractor.
END OF SECTION
B. PROJECT SCHEDULING
PART 1 - GENEtL&L
1.01 DESCRIPTION
A.This Section describes the scheduling procedures for the work in this
project.
PART 2 - PRODUCTS (Not Required3
PART 3 - EXECUTION
3.01 WORK SCHEDULE
The Contractor is required to provide the Project Manager with an
accurate schedule of construction activity at least two weeks in advance of
said activity. The CONTRACTOR sha!l fol!ow the overall progess
schedule that indicates the critical path to prepare the weekly schedules.
The schedules will be submitted at each Weekly Project Meeting.
The Contractor shall submit an updated baseline schedule attached to each
months progress payment invoice_coordinate the sequence of operations
with the Project Manager. Any changes shalt be given at least 48 hours
advance notice to the Project Manager.
3.02 COORDINATION BETWEEN THE CONTRACTOR AND PROJECT
MANAGER
The Contractor shal! coordinate the sequence of operations (i.e., removal of
existing artificial turf, stockpile, installation of new artificial turf) with the
Project Manager. The Contractor shall notify the Project Manager of any
changes at least 48 hours in advance.
The Contractor shall coordinate the artificial turf replacement work with
the installation of the deflector net Contractor. No work shall commence
unless coordination between the Contractors are agreed and shown an
approved schedule by the Project Manager.
PART 4 - MEASUREMENT AND PAYMENT
4.01 DESCRIPTION
Payment for work required in this section shall be included in the prices paid for the various items
of work involved.
C. SUBMITTALS
PART 1 -- GENERAL
1.01 DESCRffPTION
~;,, on< included: MakeSUOm.iLLala required, by .he Cont~ac:.. and revlse ana
resubmit as necessary- to reestablish compliance with the specified
requirements.
B.Related Work:
Documents affecting work of this Section include, but are not
limited to General Conditions, Supplementary" Conditions, and
Sections in Division 1 of these Specifications.
Individual requirements for submittals are also described in
pertinent Sections of these Specifications.
Work not included: Submittals not specifically required by the Project
Specifications of the Project Manager vdll not be reviewed by the Project
Manager
1.02 QUALITY ASSURANCE
A.Coordination of Submittals:
Prior to each submittal, carefully review and coordinate all aspects
of each item being submitted.
Verify that each item and the submittal for it conform in all
respects with the specified requirements.
By affixing the Contractor’s signature to each submittal, certify"
that this coordination has been performed.
B."Or equal"
All "or equal", or "equal as approved by the Project Manager",
must be approved as equal prior to the use of materials, equipment
or method by the Project Manager. "Or equal" items will be
considered only when substantiated by the Contractor’s submittal
of required data vdthin 15 calendar days after award of the
Contract.
2.The decision of the Project Manager shall be fin!l.
1.03 SUBMITTAL
Nfake submi~a! of samples,
provisions of this Section.
PART 2 -- PRODUCTS
and other item.s in accordance with the
2.0!2vIANUFACTURZRS’ LITEtK%TUR2
2.02 SAMPLES
Where contents of submitted literature from mmnufacturers include
data not pertinent to the submittal, clearly show which portions of
the content are being submitted for review.
Submit the number of copies which are required to be returned,
plus two copies which will be retained by the Project Manager.
Provide Sample or Samples identical to the precise article
proposed to be provided. Identify as described under
~’Identiflcation of Submittals:’ below.
Number of Samples required:
Unless otherwise specified, submit Samples in the quantity
which is required to be returned, plus two which wilt be
retained by the Project Manager.
By pre-arrangement in specific cases, a single Sample may
be submitted for review and, when approved, be installed in
the Work at a location agreed upon by the Project
Manager..
C.The Contractor shall submit the following to the Project Manager:
1.Sample of each color of artificial turf to be used: 12 inch
square each, complete with all the backing
2. Sand for top-dressing of artificial turf: one-half (1/2) pound
samples
PART 3 -- EXECUTION
3.01 IDENTIFICATION OF SUBMITTALS
Consecutively number all submittals utilizing the submittal document
provided by the City at the Pre-Construction meeting.
When material is be:,_ng resubmitted %r an?" reason, transmh under
a new letter of transmittal and with a new transmitta! nmmber.
2.On re-submittals, cite the original submittal number for reference.
Accompany each submittal with a letter of transmi~al showing all
information required for identification and checking.
On at least the first page of each submittal, and else where as required for
positive identification, show the submittal number in which the item was
included.
Maintain an accurate submittal log for the duration of the Work, showing
current status of all submittals at all times. Make the submittal log
available to the Project Manager.for his review upon request.
3.02 GROUPING SUBMITTALS
Unless other,vise specified, make submittals in groups containing all
associated items to assure that information is available for checking items
when it is received.
Partial submittals may be rejected as not complying with the
provisions of the Contract.
2.The Contractor may be held liable for delays so occasioned.
3.03 TIMING OF SUBMITTALS
Unless specifically stated elsewhere in these Specifications make
submittals in advance of ordering the materials to provide time required
for reviews, for securing necessary approvals, for possible revisions and
re-submittals, and for placing orders and securing delivery.
In scheduling, a!!ow at least 21 calendar days for review by the Project
Manager following his receipt of the submittal.
3.04 PROJECT MANAGER’S REVIEW
Review by the Project Manager does not relieve the Contractor from
responsibility for errors which may exist in the submitted data.
B.Revision:
1.Make revisions required by the Project Manager.
~, t:le Project~-~a~,, on:) those revisions directed or approved by ~"
Manager.
PART 4 -- MEASUREMENT AND PAYMENT
Payment %r work required in this section shall be included in the prices
paid for the various items of work involved.
D. CONTRACT CLOSEOUT
PART 1 -- GENERAL
1.01 WORK INCLUDED
A.This Section describes contract closeout procedures including:
1.Substantial completion.
2.Final cleaning.
3.Fina! completion.
PART 2 -- PRODUCTS (not required’)
PART 3 -- EXECUTION
3.01 SUBSTANTIAL COMPLETION
When Contractor considers the Work to be substantially compieted, the
contractor shall submit a written notice to the City.
Within a reasonable time, the Project Manager will review the project
for conformance to these specifications. If the Project Manager
determines Work is substantially complete, a Certificate of Substantial
Completion with a punch list of items to be completed or corrected prior
to a final inspection will be issued as specified in Paragraph 14.8 of the
General Conditions.
If the Project Manager determines Work is not substantiaily
complete, City will notify Contractor in writing list item(s) that
are not substantially complete. Contractor shall remedy
deficiencies and send a second written notice of substantial
completion; Project Manager wiIi re-inspect Work.
The Contractor shall pay for Project Manager’s time and direct
expenses when more than twvo substantial completion inspections
are required
3.02 "~’-r *:’,~-~" T CLEANING
A.The Contractor shal! complete a final cleaning prior to fin!l inspection.
!. The site shall be cleaned and all slurry sealed areas shall be swept.
2.All waste, surplus materials, and rubbish shall be removed from
the project site.
3.03 FINAL COMPLETION
A.When the Work is complete, the Contractor shall submit a written
certification that:
Work has been completed in accordance with Contract Documents,
and deficiencies listed with Certificate of Substantial Completion
have been corrected, and
2.Work is complete and ready for final inspection.
Specia! Submittals: In addition to submittals required by Contract, the
Contractor shall submit the fol!owing:
A final statement of accounting giving total adjusted Contract
Amount, previous payments, and sum remaining due.
Within a reasonable time, the Project Manager wil! make the final
inspection.
Do Should the Project Manager determine that the work is not complete,
Contractor will be promptly notified with a vv-ritten punch list of items that
are not acceptable.
When the Project Manager determines work is complete, the final
payment to the Contractor will be made as specified in Paragraph 14.13 of
the General Conditions.
PART 4 -- MEASUREMENT AND PAYMENT
Payment for work required in this section shall be included in the prices
paid for the various items of work involved.
E. SITE MAINTENANCE AND CLEANUP
PART 1 -- GENERAL
1.01 DESCRIPTION
A.\Vork included:
Throughout the construction period, maintain the site in a standard
of cleanliness as described in this Section.
2.Tie-out mar~ng removal.
B.Related Work:
Documents affecting work of this Section include, but are not
necessarily limited to, the General Conditions, Supplementary
Conditions, and Sections in Division 1 of these Specifications.
In addition to standards described in this Section comply with
requirements for cleaning as described in pertinent other Sections
of these Specifications.
1.02 QUALITY ASSURANCE
A daily inspection, and more often if necessary, shall be conducted by the
Project Manager to verify that requirements for cleanliness are being met.
In addition to the standards described in this Section, the Contractor shall
comply with pertinent requirements of other governmental agencies
having jurisdiction over this Work.
PART 2 -- PRODUCTS
2.01 CLEANING MATERIALS AND EQUIPMENT
The Contractor shall provide required personnel, equipment, and materials
needed to maintain the specified standard of cleanliness.
PART 3 -- EXECUTION
3.0!PROGRESS CLEANING
General
1. Any stored items shall be placed in an orderly arrangement
allowing maximum access, not impeding traffic or drainage, and
providing required protection of materials.
The accumulation of scrap, debris, waste material and other items
not required for construction of the Work shal! not occur.
B.Site:
1.The Contractor shall inspect the site on a daily, and more often if
necessary, bssis and " ~ ~..~n~r~. ~hat all scrap,_ deffris., and ~as~
ma~eri~l is removed.
The Contractor shall maintain the site in a neat and orderly
condition at all times. Both public and private areas shall be
cleaned of all materials attributed to or involved in the Work on a
daily basis. It is especially important for subcontractors
performing concrete work to insure that the site is left in a safe
condition everyday, especially from loose lumber, nails and metal
clips.
3.02 FINAL CLEANrNG
The Contractor shall insure that all tools, surplus materials and soil,
equipment, scrap, debris, and waste are removed from the project sites and
storage area prior to the final inspection. If this has not been done
satisfactorily in the Engineer’s estimation, the final progress payment
and/or retention payment may be held up until it has been satisfactorily
resolved. If the Contractor does not satisfactorily resolve this issue and it
extends past the end of the contract time, the Contractor may be liable for
liquidated damages.
B.Site:
C.
1.Completely remove netting and resultant debris.
Schedule final cleaning as approved by the Project Manager to enable the
City., to accept completely clean Work.
PART 4 -- MEASUREMENT AND PAYMENT
Payment for work required in this section shall be included in the prices
paid for the various items of work involved.
EXHIBIT B
SCHEDULE OF PERIVOP,_MANCE
CONTtKACTOR shall perform the Services in a timely mariner agreed to by mutual
consent of CONTK~_CTOR and CITY.
WORKSCHEDULE
The Contractor is required to provide the Project Manager with an accurate schedule of
construction activity at least two weeks in advance of said activity. The CONTRACTOR
shall follow the overall progress schedule that indicates the critical path to prepare the
weekly schedules. The schedules wilt be submitted at each Weekly Project Meeting.
The Contractor shall submit an updated baseline schedule attached to each months
progress payment invoice..coordinate the sequence of operations with the Engineer. Any
changes shall be given at least 48 hours advance notice to the Engineer.
EX_H~IBIT C
SCHEDULE OF FEES
CITY shall compensate CONTRACTOR for per%finance of the Services according to the following
schedule, with the maximum amount of compensation not to exceed three hundred ninety nine thousand
nine hundred thirvy nine dollars (5399,939.00):
The maximum amount of compensation to be paid to Contractor: including both pa?Tnent for services and
reimbursable expenses, shall not exceed three hundred ninety nine thousand nine hundred thirD, nine
dollars ($399,939.00)..Any hours worked for which payment would result in a total exceeding the
maximum amount of compensation set forth herein shall be at no cost to City..
DESCRIPTION OF TASK
Bid Item 1
(._Removal and disposal of Existing turf)
Bid Item 2
(Site Preparation)
Bid Item 3
(Provision of and installation new artificial turf)
TOTAL:
NOT TO EXCEED COMPENSATION
PER TASK INCLUDING
REIMBURSABLES
$ 60,000.00
$12,838.00
$ 327,t01.00
$399,939.00
In accordance with the requirements contained in Section I - Request for Quotation and Bidder
Required In,crma~,on,~ ~: please quote price and a,,’~dam~!7= ’ ’" on the ~tems listed i::eiow.
ITEM i :QTY..UNIT
100!
002
OO3
LUMP
SUM
PRICE
LU M P
SUM
PRICE
LUMP
SUM
PRICE
Grand Total (items 001 - 003)
DESCRIPTION, WITH LUMF SUM PRICE It’i WORDS
(PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES & DELIVERY
[ - CHARGES)
Labor, equipment, material, and transportation ~o
REMOVE AND DISPOSE OF CURRENT ARTIFICIAL
TURF AT PALO ALTO GOLF COURSE DRIVING
RANGE
(LUMP SUM Price in words: S±xty Thou_<an_a
)
gub Contractor Ferma Corp. LC#236337
Labor, equipment, material, and transportation to grade
and prepare base surface for installation of new artificia!
turf.
(LUMP SUM Price in words: Twelve Thousand
Eight Hundred Thirty Eight.
TOTAL PRICE i
s 6o, 000o
$12838.00
Labor, equipment, material, and transportation to
PROVIDE AND INSTALL NEW ARTIFICIAL TURF AT I $
PALO ALTO GOLF COURSE DRIVING RANGE | 327,1 01
(LUMP SUM Price in words: Three Hundred Twenty
,q~v,en q~hnn.~n~ One_ H1~ndre~ and One.
i 399,939
O0
O0
Name of Firm; SYNLawn of Central California
~utrhorized signature://~!/
Name and Title: President
Inc.
In addition to price, the City shall consider the quality of supplies previously provided by and the
quality of services previously provided by the Bidder, the financial qualifications of, and the work
experience of, the Bidder in determining the Lowest Responsible Bidder. This information may be
obtained from references and the City’s experience with the Bidder.
A responsible bidder who submitted the !owest bid as determined by this section and who best fits
the other criteria may be awarded the contract, if it is awarded.
Bid Security
Bidders shall submit a Bid Security in the aCnount of not less than Ten percent (10%) of the
aggregate amount of the Bid. Bid security shall be submitted with the bid and shall be in the form of
a certified check, cashier’s check or surety bond.
EXHIBIT D
ACORD;., CERTIFICATE OF LIABILITY INSURANCE
t PRCOCCE.R (559) 432-0222
DiBuduo & DeFendis insurance Brokers, LLC
License
P.O. Box 5479
Fresno, CA 93755-5479
iNSURED Synlawn of Central California
4698 E. Carmen
Fresno, CA 93703-
COVERAGES
~Date:2/2OF2CO8 04:35PM Page: 2of4
~
SYNLOFC-01 KRLOtDATE ( MMII~ D/YYYY}
Zt20/2008
THIS CERTIFICATE iS ISSUED AS A MATTER OF ~NFCRMATICN
ONLY AND CONFERS NC RIGHTS UPON THE CE,RT}F~CATE
HOLDER. THIS ~- ~~=R,IF.C~;_ CCES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE ~C, LICIES BELOW.
INSURERS AFFORDING COVERAGE
~ ~NSURER.A Allied Group{~su~s~Endurance Workers InsuranCompensationS
~ ~NSURER ~.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO~JtTHSTANDtNG
ANY REQUIREM ENq’, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wITH RESI~ECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURgeNCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
~NSR ,~OD’qLTR NSRC~TYpB O,F_!NSURANCE
GENERAL LIABILITY
A X XI COMMERCI2.L GEt’;ER,~L LI.~-BILtTY
POLICIES. AGGREGATE LIMITS SHO£~lq MAY HAVE BEEN REDUCED BY PAID CLAIMS.
i POLICY NUMBER i POLICY ErFECTIVE,OAT~
ACP7802798226
GEN’L AGGREGAT~ LIMIT APPLIES PER:
1 A~OI4OB~LE LIABILITY
i v~ ALL O’~NED AUTOS~SCHEDULED ALTOS~HIRED AUTOS
~NO~O’¢~;ED AUTOS
~AN~ AUTO
DECUCTIBLE
RETENTION
WOOERS COMPENSATION
~NY FROPRI£TORtP~EPJ~4EC~IVEOFFICER/MEMBER EXCLUDED?
SPECIAL PROVISIONS be~c~ .....
ACP7802798226
7/10/2007
7/1012007
iEN100270001 " 2J112008
IPOLICY EXPIRATION i LIMITS,OAT~ MM£OD/Y¢I .
7/10/2008 PREMISES ~Ea occurence)
( },lED ~ ~ny one person}~ $5,000:
PERSOnaL & ,~V INJURY ~ ~1,000,000
GEN~P~L AGGREGATE ~ $2,000,0’00
P~OOUCTS - COMPtOP AGe ~S I~~UDED
COMBINED SINGLE LIMIT $1,000,0007/10/2008 ~Ea
BODILY INJURY
I (Per person}
BODILY IHJURYPer ace d~? ,
[~TO ONLY - ~ ACCIDEh~
2/t/2009 ~L ~Ac~Acc~D~NT’
~,.1,000,00C
I
DESCRIPTION OF OPERA~ONS I LOCATIONS / VEHICI’ES / EXCLUSIONS ADDED BY ENDORSEMENT ! ~PECIAL PROVISIONS
10-day notice of cancellation applies for non-payment of premium.
Certificate Holder: City of PaiD Alto, Its council members, officers, agents & employees. // Certificate holder is named as Additional Insured
with respects to general liability per attached form CG 7057 3196. Primary & Non-Contributory applies.
RE: Paid Alto Municipal Golf Course, 1875 Embarcadero, Paid Alto, CA
CERTIFICATE HOLDER
City of Paid Alto
Mezzanine Civic Center
250 Hamilton Ave MS-MS
Paid Alto, CA 94301-
CANCELLATION
SHOULD ANY OF THE ABOVE OESCR~BED POLtCIES BE CANCELLED BEFORE THB BXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRFTTBN
NONCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR Lb~BILFI’Y OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPP~SENTATIVES.
AUTHO RIZ~O REPRESENTA~VE
ACORD 25 (2001108)@ ACORD CORPORATION 1988
-’ALLIED SURANCE GROUP
THIS ENDORSEMENT C!tANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - O~;~ERS, LESSEES, OR CONTRACTORS - SCHEDULED
PERSON OR ORGANIZ:kTION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENE1K’-KL LIABILITY COVERAGE PART
Name of Person or Organization:
City of Palo Alto
Mezzanine Civic Center
250 Hamilton Ave MS-MB
Palo Alto, CA 94301-
SCHEDULE
Project Name & Location:
Certificate Holder: City of Palo Alto, its council members, officers, agents & employees.
Certificate holder is named as Additional Insured with respects to general liability per attached
form CG 7057 3/96. Primm3’ & Non-Contributory applies.
(If no ent~.w appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
"~,’~-IO IS AN INSURED (Section II) is amended to include as an insured, the person or
olgalfization shown in the Schedule, but olfl)" with respect to acts or OHfissioHs of the lmmed
insured in the connection with the named insured’s ongoing operations.
As respects coverage provided by this endorsement to the person or o~anization shown in the
schedule, coverage does not apply to "bodily injm2" to an "employee" of the named insm-ed.
CG 70 57 (03-%)
SYNLOFC-01 KRLO
PORTANT
If the ce~ificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate dces not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and ccnditions of the policy, ce~ain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of insurance on the reverse side of this form does not constitute a contract beb,veen
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
EXHIBIT E
Section
CITY OF PALO ALTO: CERTIFICATION OF NONDISCRIMINATION
Project: Artificial Turf Replacement at Golf Course Driving Range
Certification of Nondiscrimination: As suppliers of goods and/orserwicestothe City of
Palo Alto in excess of $5,000, the firm, contractor or individual(s) listed below certify that:
they do not and in the performance of this contract they will not discriminate in employment
of any person because of race, skin color, gender, age, religion, disability, national origin,
ancestry, sexual orientation, housing status, marital status, familial status, weight or height
of such person; and further certify that they are in compliance with all Federal, State and
local directives and executive orders regarding nondiscrimination in employment.
Firm,:SYNLawn of Central Calif Inc DATE: 02/26/08
Title of Officer Signing:
S ig n atu re ~_ ~...~.,..
President
050809 srn 0100394
VVH r-’o C ~ ....~-, ,~_AS, the City Council of the City of Palo A,~o, State of Ca!ifornia ("City") and
("Principal") have entered into am, agreement dated ~, and identified as TBD
which is h=~=~-y .....referred to and made a pac here cf v/hereLcv Principa! agrees to ; ....~=,, and ccmpiete
certain designated public improvements; and
WHERc~b, Principa! is required under the terms or said agreement to furnish a a~r=~./bond for the
faithful performance of said agreement.
NOW, TH,_RF_FOR~_, Principal and as
Suru~/, incorporated under the Laws of the State of , and
duly authorized to transact business as an admitted surety, under the Laws of the State of
California, are held and firmly bound unlo City in the penal sum of
($ .), 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 prompIIy and faithfuJly 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 ail outlay and expenses which City may incur in making good any default,
then this obligation shall be null and void; olherwise, it shall remain in full force and effect.
As part cf 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 bid security, 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the Surety above named on
.............. 2007.
SURETY,PHONE NUblBER:
BY:Its:
Contractor.
050809 sm 0100394-
CERTIFICATE OF ACK."iOVVLEDG,~JI.--."~T
(Civi; Code § 1189)
STATE OF
COUNTY OF
On , before me, , a notar7 public in and fcr
said County, personally appeared
personally known to me (or proved to me on the basis of sa~:isfactory 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 hislher/Iheir authorized capacity(ies), and that. by his/her/their signature(s) on
the instrument the person(s), or the enlily upon behalf ol~ which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature (Seal)
050809 sm0100394
WHEREAS, the City Council of the City of Pa!o Alto State of California ("City") and
, ("PrnciF~al"), have entered into an agreement dated. , and ide...ntifi=d as
TSO _, which is herebyr=,s,,=s to and made a par, here of, whereby Princieai.
agrees to ip.stait and complete ce4a~,du~,g~,~uu public impro,/emen~s; 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 surety bond with the City of Palo Alto to
secure the claims to which reference is made in Title t5 (commencing with Section 3082) of Park 4 of
Division 3 of the Civil Code of the S~.ate of California.
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
($. .), 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 318I of the California Civil Code, as amended, with respect to any
work of 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 Employment Development
Department from the ,,’/ages of employees of the contractor and his subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and
labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bid security, the Surety wiil pay a reasonable attorney’s fee
to be fixed in couR.
It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and
nil persons, companies, and corporations entitled named in Section 3181 of the California Civil Code,
as amended, so as to give a right of action to them or their assigns in any suil broughi upon this
surety bond.
The Surety hereby stipulates and agrees that no amendment, change, order, addition, alteration, or
modification to the terms of the agreement of to the work to be performed thereunder or the
specifications accompanying the same, shall in any way affect ils obligations on this surety bond, and
it does hereby waive notice of any such amendment, change, change order, addition, alteration, or
modification to the Ierms of the agreement or to the work performed thereunder or to the
specifications accompanying the same.
IN WITNESS WHEREOF, this instrumenl has been duly executed by the Surely above named on
2007.
~-ySUR~T ,PHQNENUMBER:
BY:Its:
Contractor:
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(CMt CoSe § Sl
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 satisfactop/evidence) to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/they
executed the same in hislhedtheir authorized capacity(ies), and that by his/hedtheir 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.
Signaiure Seal)
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EXHIBIT G
LIQUIDATED DAMAGES
It is mutually agreed by Contractor and City that if completion of the Services to
be provided by the Contractor under this Agreement is delayed beyond the time
specified in the Schedule of Performance, plus any authorized extensions of time,
City will suffer damages and will incur other costs and expenses of a nature and
amount which is difficult or impractical to determine. Accordingly, City and
Contractor, agree, as a method to fix the damages and not as a penalty, that in the
event of any such failure to perform, the amount of damage which shall be
sustained by City wil! be the sum of $100.00 for each and every calendar day
daring which the Services remain uncompleted beyond the time specified for
completion, plus any authorized extension of time. Should Contractor fail to pay
the liquidated damages to City, Contractor agrees that City may deduct and
withhold the amount of the unpaid damages from any amounts due or that may
become due to Contractor under this Agreement.
BY PLACING THEIR INITIALS BELOW, CITY AND CONTRACTOR
ACIQNOWLEDGE THAT THE AMOUNT SET FORTH ABOVE HAS BEEN
AGREED UPON AS THE PARTIES’ REASONABLE ESTIMATE OF CITY’S
DAMAGES.
CITY CONTRACTOR
EXHIBIT E
CITY OF PALO ALTO: CERTIFICATION OF NONDISCRIMINATION
Project: Artificial Turf Replacement at Golf Course Driving Range
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of
Palo Alto in excess of $5,000, the firm, contractor or individual(s) listed below certify that:
they do no[ and in the performance of this contract they will not discriminate in employmeni
of any person because of race, skin color, gender, age, religion, disability, nationa! origin,
ancestry, sexual orientation, housing status, marital status, familial status, weight or height
of such person; and further certify that they are in compliance with all Federal, State and
local directives and executive orders regarding nondiscrimination in employment.
¢irm’SYNLawn of Central Calif Inc DATE: 02/26/08
Title of Officer Signing:
Sig nature//~~.,, ~
President
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