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HomeMy WebLinkAbout2000-03-20 City Council (24)City of Palo Alto C ty anager ReP0r¢5 TO:HONORABLE CITY COUNCIL FROM: DATE: SUBJECT: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES MARCH 20, 2000 CMR: 159:00 AWARD OF A CONTRACT WITH B&B LANDSCAPE CONTRACTORS, INC. IN THE AMOUNT OF $300,070 FOR RENVOVATION OF THE IRRIGATION SYSTEMS AT THE PALO ALTO LAWN BOWLING GREEN AND THE CUBBERLEY COMMUNITY CENTER ATHLETIC FIELDS. ¯ AWARD OF A CONTRACT WITH SAND CHANNEL GREENS, INC. IN THE AMOUNT OF $68,510 FOR THE INSTALLATION OF A NEW DRAINAGE SYSTEM AT THE CUBBE~EY COMMUNITY CENTER FOOTBALL FIELD. RECOMMENDATION Staff recommends that Council: ° o Approve and authorize the Mayor to execute the attached contract with B&B Landscape Contractors, Inc. in the amount of $300,070 for the renovation of the irrigation system at the Palo Alto Lawn Bowling Green and the Cubberley Community Center athletic fields. Authorize the City Manager or her.designee to negotiate and execute one or more change orders to the contract with B&B Landscape Contractors, Inc. for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $30,007. Approve and authorize the Mayor to execute the attached contract with Sand Channel Greens, Inc. in the amount of $68,510 for the installation of a new drainage system at the Cubberley Community Center football field. Authorize the City Manager or designee to negotiate and execute one or more change orders to the contract with Sand Channel Greens, Inc. for related, CMR:159:00 Page 1 of 3 additional but unforeseen work which may develop during the project, the total value of which shall not exceed $6,851. DISCUSSION Project Description The work to be performed under the contract with B&B Landscape consists of renovating the irrigation systems at the Palo Alto Lawn Bowling Green and the Cubberley Community Center athletic fields. The project includes replacement of supply lines, sprinklers, valves, control wiring and a weather station at the Cubberley Center. In addition, the project includes the installation of a satellite control system to link to the CIMS (Centralized Irrigation Management System); replacement of the drinking fountains to achieve Americans with Disabilities Act compliance; and replacement of shrubs, which have deteriorated or are in the path of new supply lines. The backflow systems have already been upgraded at these facilities. The work to be performed under the contract with Sand Channel Greens consists of the installation of a new Cambridge drain system at the Cubberley Community Center football field. The project includes the installation of a high intensity matrix consisting of sand channels one inch wide and nine inches deep installed on 16-inch centers; and four inch drainage lines which are connected to the existing storm drains on the site. This work will be performed in conjunction with the irrigation system renovation. Bid Process A notice inviting formal bids for the renovation of the irrigation system at the Palo Alto Lawn Bowling Green and the Cubberley Community Center athletic fields was sent on December 14, 1999 to five qualified plumbing/irrigation contractors. The bidding period was 50 days. A pre-bid meeting was held on December 16, 1999; four bidders attended the meeting. Bids were received from three qualified contractors on February 1, 2000, as listed on the attached bid summary (Attachment A). Bids ranged from a high of $329,805 to a low bid of $300,070. Contractors not responding indicated that they did not submit a bid because either they were too busy and/or they were not able to attend the mandatory pre-bid meeting. Staff has reviewed all bids submitted and recommends that the bid of $300,070 submitted by B&B Landscape Contractors, Inc. be accepted and that B&B Landscape Contractors, Inc. be declared the lowest responsible bidder. The bid is 4.7 percent below the staff/engineer’s estimate of $315,000. The change order amount of $30,070, which equals 10 percent of the total contract, is requested to cover unforeseen work that may develop during the project. The Cubberley Community Center athletic field’s native soil consists of poor draining, heavy adobe clay soil. The sand channel drainage system has a greater capacity to remove surface water from the playing fields than other comparable systems. Other possible drainage systems investigated by staff include those that combine perimeter CMR: 159:00 Page 2 of 3 drain inlets with sub-surface herringbone systems or French drain systems. The sand channel drainage system has proven successful on other Palo Alto playing fields, including the soccer field at E1 Camino Park and the two soccer fields at Terman Park. Sand Channel Greens, Inc. is the sole vendorto provide installation of a drainage system consisting of sand channels. Other reputable landscape vendors (e.g. Shooter & Butts, Inc. and Del Conte Landscape) contacted are unable to provide this service and technology. Staff checked references supplied by the contractors for previous work performed and found no significant complaints. Staff also checked with the Contractor’s State License Board and found that the contractors have active licenses on file. RESOURCE IMPACT Funds for these projects are available in the Capital Improvement Program project # 19414, Irrigation Improvements, Continuing. ENVIRONMENTAL REVIEW These projects are categorically exempt from the California Environmental Quality Act (CEQA) under Section 15302 of the CEQA Guidelines. ATTACHMENTS Attachment A: Attachment B: Attachment C: Bid Summary Contract - B&B Landscape Contractors, Inc. Contract - Sand Channel Greens, Inc. PREPARED BY:Donald Piana, Park Superintendent, Parks and Golf Division Dave Brees, Recreation Services Manager, Recreation, Open Space & Sciences Division DEPARTMENT HEAD: PAUL THILTGEN Director, Community Se_rvices CITY MANAGER APPROVAL: SON Assistant City Manager CMR:159:00 Page 3 of 3 ATTACHMENT A BID SUMMARY IRRIGATION SYSTEM INSTALATION Bidder B&B Landscape Contractors, Inc Jensen Corporation Landscape Contractors Del Conte Landscaping, Inc. Gachina Landscape Management, Inc. Bid Amount $300,070 $329,805 $333,050 $ No Bid FORMAL CONTRACT SECTION 500 CONTRACT No. (Public Work) This Contract, number dated , 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 B & B Landscape Contractors, Inc., a California Corporation, ("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 completed within forty-five (45) working days after the date upon which notice to proceed is issued, 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.- General Scope of Project 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: Irriqation System for Bowlinq Green and Cubberley, IFB No. 121973 Total Bid: $300,070 (’$267 570 grand total of base bid, $13,500 bid alternate #2, and $19,000 bid alternate #3) Contract Documents. This Contract shall consist of the documents set forth below, which are on 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. a.This Contract. b.Invitation For Bid. c.Project Specifications. d.Drawings. e.Change Orders. f.Bid. g.Supplementary Conditions. h.General Conditions. I.Standard Drawings and Specifications (1992). j.Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. k.Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). I.Any other document not expressly mentioned herein which is issued by City or entered into by the parties. Compensation. 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. CITY OF PALO ALTO IFB Page 1 of 8 FORMAL CONTRACT 5. SECTION 500 Insurance. On or before the Date of Execution, Contractor shall obtain and rr~aintain the policies of insurance - coverage described in the Invitation For Bid 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. Indemnification. Contractor agrees to protect, defend, indemnify and h01d 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 provisi0n~ 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, liabiliiies, 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 AcL(15 U.S.C. §§2601-2692, as amended); the Carpenter-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. Assumption of Risk. 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. Waiver. 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 Compliance 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 CITY OF PALO ALTO IFB Page 2 of 8 FORMAL CONTRACT SECTION 500 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 in employment and hazardous materials. 10.Bonds. 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 Invitation For Bid. 11.Representations 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; Any materials 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; 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. 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; 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 Invitation For Bid; 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 the person or persons authorized to bind Contractor; Contractor has noi 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 written information as may be requested of Contractor by City from time to time during the term of this Contract; 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 CITY OF PALO ALTO IFB Page 3 of 8 ,FORMAL CONTRACT SECTION 500 I. Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. 12.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. 13.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. 14.Audits by 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 such terms 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. 15.Notices. 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. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto Community Services Department 250 Hamilton Ave P.O. Box 10250 Palo Alto, CA 94303 Attn: Don Piana, Project Manager To Contractor: B & B Landscape Contractors, Inc. 450 Phelan Avenue San Jose, CA. 95112 Attn: Georqe Brunn 16.Appropriation of City Funds. This Contract is subject to the fiscal provisions 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 funds 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. CITY OF PALO ALTO IFB Page 4 of 8 FORMAL CONTRACT 17.Miscellaneous. SECTION 50O 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. 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. eo Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. 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. Integrati~)n. 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. 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. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract 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. 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. CITY OF PALO ALTO IFB Page 5 of 8 FORMAL CONTRACT SECTION 500 o.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 a legal holiday by City, the time for performance shall be extended to the following Business Day. po Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such actio’n 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. 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 ALTO City Clerk APPROVED AS TO FORM: By: Its: Mayor Senior Assistant City Attorney APPROVED: Assistant City Manager Director of Community Services Director of Administrative Services Contract Manager (Insurance Review) Name: *Title: By: *Title: .O"3(~.C, I -’k""f"~’c~:b. (Compliance with California Corporations Code Section 313 Is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) *Signature of First Officer/Owner must be one of the following: Chairman of Board, President, or Vice President *Signature of Second Officer must be one of the following: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer CITY OF PALO ALTO IFB Page 6 of 8 FORMAL CONTRACT CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) SECTION 500 STATE OF On ~L---d_~’~du.o._,,"H ,=,’~,, ,~~, before public in and for sai~l Counl~y, personally appeared’, a notary , 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.. ~)_(~ .,(~1 ~ C_~~.(Seal) Notary Public - California Santa Clara County My Cam m. Expires Aug 2£, 200! ~. CITY OF PALO ALTO IFB Page 7 of 8 FORMAL CONTRACT CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) SECTION 500 STATE OF COUNTY 0 F ,~-"~,’-~,-~C k public in and for said County, personally appeared ) ) , before me,-~\l., a notary , 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. WITN<~y hand and official seal. S ig n a t u re <----___-~_y.k~.Q._(Seal) CITY OF PALO ALTO IFB Page 8 of 8 FORMAL CONTRACT SECTION 500 CONTRACT No. (Public Work) This Contract, number dated , 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 Sand Channel Greens, Inc., a California Corporation, ("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 completed within fourteen (14) working days after the date upon which notice to proceed is issued, 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. General Scope of Project 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 scope of work and specifications are attached as Exhibit ’A’. The Project and Work is generally described as follows: Title of Project: Installation of Drainaqe Matrix at the Cubberley Community Center Soccer Field (Option B) Total Bid: $ ~£ .~ln nn Contract Documents. This Contract shall consist of the documents set forth below, which are on 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. a.This Contract. b.Project Specifications. c.Drawings. d.Change Orders. e.Bid. f.Supplementary Conditions. g.General Conditions. h.Standard Drawings and Specifications (1992). I.Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. j.Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). k.Any other document not expressly mentioned herein which is issued by City or entered into by the parties. Compensation. 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. CITY OF PALO ALTO Page 1 of 8 FORMAL CONTRACT SECTION 5O0 Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Form 650 under 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 prope~y of any person performing labor or services or supplying materials or equipmen.t 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. o 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 U.S.C. §§2601-2692, as amended); the Carpenter-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 Storageof 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. Assumption of Risk. 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. Waiver. 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. Compliance 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 aqy bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any CITY OF PALO ALTO Page 2 of 8 FORMAL CONTRACT SECTION 500 Law of any public agency or official as well as with any provision of all recorded document~ 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 in employment and hazardous materials. 10.Bonds. 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). 11.Representations 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; Any materials 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; do Any labor and services rendered and mate.ria!s 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 s’hall be obtained or shall be deemed obtained by Contractor for and in behalf of City. e°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; Contractor has not colluded, conspired, or agreed, directly or indirectly, with ~any person in regard to the terms and conditions of Contractor’s Bid; ~ 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 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; ko Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 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 CITY OF PALO ALTO Page 3 of 8 FORMAL CONTRACT SECTION 500 conditions of the Project site. 12.Assiqnment. 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. 13.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. 14.Audits by City. Dudng 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 such terms 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. 15.Notices.. All agreements, appointments, approvals, authorizations, claims, dem&nds, 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. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto Community Services Department Cubberley Community Center 4000 Middlefield Road Palo Alto, CA 94306 Attn: Dave Brees, Project Manager To Contractor: Sand Channel Greens, Inc. P.O. Box 1304 Pebble Beach, CA. 93953 Attn: Jerry Stratton 16.Appropriation of City Funds. This Contract is subject to the fiscal provisions 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 acco~’dance 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 funds 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. CITY OF PALO ALTO Page 4 of 8 FORMAL CONTRACT 17.Miscellaneous. SECTION 500 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. 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. do Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and 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 o’r 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. 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 Cont[act. 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. 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 provi¢ions, 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. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract 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. 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. CITY OF PALO ALTO Page 5 of 8 FORMAL CONTRACT SECTION 5OO 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 a legal holiday by City, the time for performance shall be extended to the following Business Day. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of 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. 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 ac.t!on 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 ALTO By: City Clerk Its: Mayor APPROVED ASTO FORM: Senior Assistant City Attorney CONTRAC APPROVED: Assistant City Manager Director of Community Services Director of Administrative Services Contract Manager (Insurance Review) By: Name: *Title: 0_.)_ (?__~ .’~oJ~LX (Compliance with California C~rporations Code Section 313 Is required if the entity on whose behalf this contract is signed ~s a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) *Signature of First Officer/Owner must be one of the following: Chairman of Board, President, or Vice President *Signature of Second Officer must be one of the following: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer CITY OF PALO ALTO Page 6 of 8 FORMAL CONTRACT CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) SECTION 500 , a notary public in and for ., e(p’~’~onally known to~..~or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are su6scribed 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. (Seal) Comm, # 1198522 NOTARY PUELIC.CALIFORNIA Satlta Cruz COunty ~r~$ Oct, 16, 2002 CITY OF PALO ALTO Page 7 of 8 FORMAL CONTRACT CERTIFICATE OF ACKNOWLEDGMENT SECTION 5OO (Civil code § 1189) COUNTY OF ~~’(~ ~~_) On ~-~::A~F,..X. "-L~L..., 3 (~ , before me~k), ~~ said Count~, personally @eared ~~_~~~.k - , a notary public in and for ~’~’-ersonally known to me~.~r 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) CITY OF PALO ALTO Page 8 of 8 FORM 410 Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. S!kIq D CIiANNEL Sports Turf Drainago Systems Jat’..ary 6, 2000 Mr. Daw Brces Kecreallo,1 So,vices Manager City of Pale Alto 4000 MJdd.lefield Road P.’,lo Alto, CA 94306 Dear Daw: Salad Cha,,lnel Greet~.~ is pMtsed to provide you wi& the following propo.~al to inst,xll our high intensity drainage matrix at the Cubbetley Commtmily Center soccer livid. I hi~vc prowded two options for tim scope of work, the first addrcssin.,..,, the drai~aagc of the emire field, and a second option ofprovlding drainage only for the soccer field area including ~idutincs and 10 feet beyond the ba~e line.~. Botl~ optiot~s hx¢lude top dressing with 3/8.inch orsuitable sand, This will facilitate fl~e sub~eqt~ear reseeding planned. Scope of Work: A, lJastall dra inage system on 2.5 acres (108,917 sq, ft,) sports field to include all tul’~ areas inside the existing h’ack. B, h~sta]l drainage system on socce," field plus turf areas extending to the tr.~¢k and 10 rent beyond the ba~e lines, measured as 236 feet by 350 feet, or 1.9 acres. Schematics are at ellcIosure, Speclficalio~as: The Sand Channel Greens high iuteasity matrix consists ofsaud dmtmels 1 bach wide by 9 inches deep in.~talled on 16-limb coulters. At right angles to these sand channels we cut similar channels into which \re instal! our unique lli-FIo p~pe and’inject .~and. TI~ese sand and pipe channels arc 48 inches on cenler. ’]Tie lli-l:lo plpc is subscquently comaeted to four.inch collector lines flint are led to c×isdng drainage on silo, Spoils ~eaerated durh~g our inst~llatiori will be used to Ileal the field and elirnirlate the low spots. The e~tire fiekl receives 3/8.1nch ot~,~and top dressing upon cOral}lotiOn, At this R,1I scwice price Sand Chain:el Greens provides all rnatcrlals including saud and gravel, a skip loader and con.~olidalion of spoils on s{tc f~r reuse or removal, l..lpotl completion the field is ready for reseeding, as deslrcd, You ~hould expect that the spoil dirt collected for your subsequent u.s~ wil! tolal approximately 200-260 yards. Should you desire that we relocate the spoils to your local site the add~tiot~al charge wilt be $1,000. I have reserved the period of July 10-21 for this project pet~ding approval amt receipt of a purchase order, Sand Chmmel Grce~s looks forward to working for you and providin~ world-class drahaagc for the City of Pale Alto, l~,(.’.), (’~ux t~O’i, l~ubl’~l,~ Re;tch, CA 9,49’35.130.i l.i,.’,.’nst. No, %9065 Fax 1831) 722-2247 I ! I I I 1 I I I I I I I I I I