HomeMy WebLinkAbout1998-04-06 City Council (33)City
City of
Manager’s Re
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:APRIL 6, 1998 CMR: 184:98
SUBJECT:REQUEST FOR COUNCIL APPROVAL OF A BUDGET
AMENDMENT ORDINANCE FOR $250,000 AND rAN AWARD OF
CONTRACT AND CONSULTANT AGREEMENT AMENDMENT
NO. 3 FOR GOLF COURSE IMPROVEMENTS, CIP 19624
RECOMMENDATION
Staff recommends that Council:
o
Approve a Budget Amendment Ordinance.(BAO) (Attachment B) in the amount of
$250,000 to fund the Golf Course Improvement Project CIP 19624.
Approve and authorize the Mayor to execute a construction contract with Key Turf
Construction, Inc. in the amount of $4,590,520 for the construction of the Golf Course
Improvements, CIP 19624.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with Key Turf Construction, Inc. for related additional but
unforeseen work which may develop during the project, the total value of which shall
not exceed $675,000.
Amend the Consultant Agreement, Amendment No. 3, with Amphion Environmental,
Inc., to include an additional $175,000 for construction services.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the consultant agreement with Amphion Environmental, inc., the total
amount of which change orders shall not exceed $26,000.
DISCUSSION
The proposed improvements for the golf course include upgrading five fairways and various
traps, tees and greens; constructing new storm drain facilities; replacing the existing
irrigation system; repositioning and refencing the driving range and installing new cart paths.
CMR:184:98 Page 1 of 4
in April 1996, Council approved a consultant agreement amendment for schematic and final
design services for golf course improvements in accordance with the Golf Course Master
Plan (CMR:233:96). In July 1997, Council approved a BAO to fund construction of the golf
course improvements to be funded through debt issuance (CMR:327:97). The consultant.
has prepared the construction documents and staff solicited bids for this project.
Due to the surge in the construction industry, public agency projects have been receiving
bids above the normal costs. The City received higher than normal bids for the golf course
interim improvements, and awarded that contract. The initial driving range and sand
purchase contracts were not awarded because of high bids. In consideration of the current
market, staff prepared the bid package with a base bid plus three additional items of work
"add alternates". This arrangement provided staff the flexibility to adjust the scope of
work to match the actual bids with the project budget. The base bid plus add alternate 1
comprised, the project scope of work and were within the budget for the project. Add
alternate 1 involved realignment of the driving range. Add alternate 2 involves
replacement of additional damaged cart paths, and add alternate 3 is to repair additional
sand bunkers. Add altemates 2 and 3 exceed the budget by $250,000. If Council approves
staff’s recommendation to award the construction contract with the base bid plus all three add
alternates, a BAO is needed.
Bid Process
Notices inviting formal bids for the golf course improvements were issued on January 13,
1998. The bidding period was 49 days. Bids were received from three contractors on March
3, 1998, as listed on the attached summary (Attachment A). Staff has reviewed all bids
submitted and recommends that the bid of $4,590,520 (base bid plus the three add alternate
bids) submitted by Key Turf Construction, Inc. be accepted, and that Key Turf Construction,
Inc. be declared the lowest responsible bidder. The bid is 0.5 percent below staff’s estimate
of $4,612,000. A contingency of 15 percent is requested for this work because unforeseen
s0il conditions and unusual ground water problems may be encountered during construction.
The project costs, although higher than the original budget, are within the proposed bond
funding capabilities due to the dramatic reduction in interest rates since the time of the initial
forecast and funding. Therefore, the additional $250,000 can be added to the project without
raising the annual debt service costs forecasted by staff in July 1997, given today’s interest
rate environment.
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.
Consultant A~reement Amendment No. 3 ’ ’
In April 1996, Council approved Amendment No. 1 to the contract with Amphion
Environmental, Inc. (CMR:233:96) for schematic and final design services for the golf
CMR: 184:98 Page 2 of 4
course improvements in accordance with the Golf Course Master Improvement Plan
(CMR:248:95). In June 1996, Council approved Amendment No. 2 to the contract with
Amphion Environmental, Inc. (CMR:201:97) for construction services for the interim
improvements in accordance with the Golf Course Master Plan (CMR:248:95).
Amendment No. 3 (Attachment D), provides for construction services for the golf course
impi~ovements. Consultant construction services will be needed for review of project
schedules, requests for information, material submittals, payment requests, and change
orders; design and plan interpretation; and weekly construction meetings. Staff
recommends approval of Amendment No. 3 (Attachment D), which will increase the
amount of the consultant agreement by $175,000 for construction services to support the
golf course improvements.’
RESOURCE IMPACT
On July 28, 1997, Council authorized staff to issue bonds in Spring 1998 to fund the Golf
Course Master Improvement Plan project construction, and approved a BAO to fund the
construction of the golf course improvements (CMR:327:97). A BAO for $250,000 is
needed to fund the award of the recommended construction contract and consultant
construction services. The Budget Stabilization Reserve in the General Fund will advance
the funds needed until the bond sale. These funds will then be reimbursed from the sale of
bonds. This approach is consistent with the method of financing previously presented to City
Council for this phase of the project. Council will be presented with the necessary bond
documents for approval prior to the bond sale.
Staff from Administrative Services, working with the Director of Parks and Golf, and the
City’s financial advisor on this project, Public Financial Management, has developed a cash
flow forecast for the golf course project. By maintaining its traditional customer base by
renovating the golf course, and by raising golf fees to the midrange of Bay Area public
courses in the years immediately following construction, the revenue flow from the golf
course can adequately pay for the debt service payments from this bond sale. Debt service
on an annual basis will average about $600,000.
POLICY IMPLICATIONS
This report does not represent changes to existing City policies.
ENVIRONMENTAL REVIEW
Council approved, a Mitigated Negative Declaration for this project in May 1995
(CMR:248:95). Major issues that were discussed included biotic resources, hazardous
materials, reclaimed water, flooding, lighting and glare, and traffic and circulation. The
Mitigated Negative Declaration determined that any potential impacts can be mitigated to
levels of less than significance, and will be incorporated into the design of the project.
CMR: 184:98 Page 3 of 4
ATTACHMENTS
A - Bid Summary
B - Budget Amendment Ordinance
C - Construction Contract
D - Amendment No. 3
PREPARED BY: John A. Carlson, Acting Assistant DirectorofPublic Works
DEPARTMENT HEAD:
GLENN S. ROBERTS
CITY MANAGER APPROVAL: Director of Publi~~i, rks
CMR: 184:98 Page 4 of 4
z
ATTACHMENT A
ATTACHMENT B
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1997-98 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $250,000 IN
REVENUES AND EXENDITURES FOR THE GOLF COURSE IMPROVEMENTS
CAPITAL IMPROVEMENTS PROJECT, NUMBER 19624
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June
23, 1997 did adopt a budget for fiscal year 1997-98; and
WHEREAS, on May 15, 1995, Council approved a Golf Course Master
Plan for constructing various golf course improvements, which would
be funded from the sale of tax exempt bonds; and
WHEREAS, on July 21, 1997, Council approved a Budget Amendment
Ordinance to appropriate $5,400,000 to Capital Improvement Project
(CIP) Number 19624, Golf Course Improvements; and
WHEREAS, annual debt service on the bonds will adequately be
covered by golf course revenues; and
WHEREAS, that funding level of $5,400,000 was recommended in
July 1997 to cover an estimate for a base Scope of golf course work
plus one add alternate for driving range improvements; and
WHEREAS, bids have come in for golf course’improvements, and
staff has determined that in addition to the scope of work funded
within CIP 19624, additional funding of Two Hundred Fifty Thousand
Dollars ($250,000) would fund two additional add alternates, golf
cart path improvements and sand bunker renovations; and
WHEREAS, those two add alternates are included in the Golf
Course Master Plan approved by Council and are consistent with the
renovations already funded within CIP 19624; and
WHEREAS, funding these two add alternates would enhance the
overall golf course for use by the golfing community; and
WHEREAS, interest rates have fallen dramatically since the
$5,400,000 budget was put together, which means that. annual debt
service on the bonds will be lower than forecasted in July 1997; and
WHEREAS, staff now estimates that an additional $250,000 could
be added to CIP 19624 without raising annual debt service costs over
the annual amount forecasted by staff in July 1997; and
WHEREAS, staff expects to sell bonds within 60-90 days; and
WHEREAS, City Council authorization is needed to amend the
1997-98 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. The sum of Two Hundred Fifty Thousand Dollars
($250,000) is hereby appropriated to CIP Project Number 19624, Golf
Course Improvements, which will be funded from the anticipated sale
of bonds in approximately 60-90 days.
SECTION 2. These transactions will have no net impact on the
Budget Stabilization Reserve, as the sale of bonds this fiscal year
will replenish funding advanced by that Reserve temporarily.
SECTION 3. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 4. The City Council approved a Mitigated Negative
Declaration for this project in May 1995.
SECTION 5. As provided in Section 2.04.350 of the Pal0 Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Acting Director, Administrative
Services Department
Director of Community Services
ATTACH~,~NT C
FORMAL CONTRACT
CONTRACT
SECTION 500
(Public Work)
Public Works Department
This Contract, dated x~, 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 .___.x~, a ~x, ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the previsions") of this Contract, City and
Contractor ("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this
Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such
notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier
termination of this Contract.
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:
PROJECT TITLE:Palo Alto Golf Course Improvements
Invitation For Bids (IFB) # 103063
Base Bid:$ 3,831,020.00
Add Alternate #1:$585,000.00
Add Alternate #2:$122,500.00
Add Alternate #3:$ 52.000.00
Grand Total:$ 4,590,520.00
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.
This Contract.
Notice Inviting Formal Bids.
Project Specifications.
Drawings.
Change .Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Affirmative Action Guidelines and Compliance Report.
CITY OF PALO ALTO: FORMAL CONTRACT (IF6 103063)SECTION 00500-1 OF 8
FORMAL CONTRACT SECTION 500
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or
the Standard Drawings and Specifications (1992).
Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
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 stat.ed, within thirty (30) Days of the date of receipt of Contractor’s invoices.
o Insurance. On or before the Date of Execution, Contractor shal! obtain and maintain the policies of
insurance coverage described in the Notice Inviting Formal Bids on terms and conditions and in amounts
as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s
personal property or the personal property of any person performing labor or services or supplying materials
or equipment under the Project. Contractor shall ’furnish City with the certificates of insurance and with
original endorsements affecting coverage required under this Contract on or before the Date of Execution.
The certificates and endorsements for each insurance policy shall be signed by a person who is authorized
by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager.
to the address set forth in Section 15 of this Contract.
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 Ifability on Contractor in the performance of or failure to perform the
provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions
of City or any of its Council members, officers, employees, agents or representatives. This indemnification
shall extend to any and all ’claims, demands, or liens made or filed by reason of any work performed by
Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
To the extent Contractor.will use hazard~)us 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 an(] 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 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.
CITY OF PALO ALTO: FORMAL CONTRACT (IFB 103063)SECTION 00500-2 OF 8
FORMAL CONTRACT SECTION 500
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 upoh 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 any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary
license or permit issued pursuant to any Law of any public agency or official as well as with any provision
of all recorded documents affecting the Project site, insofar as any are required by reason of the use or
occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in
employment and hazardous materials.
10.~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
Notice Inviting Formal Bids.
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 Compietion, or, if no such notice is required
to be filed, on the date that final payment is made hereunder;
dJ 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;
f.Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard
to the terms and conditions of Contractor’s Bid, except as may be permitted by the Notice Inviting
cITY OF PALO ALTO: FORMAL CONTRACT (IFB 10:3063) ...........sEcTION 00500-:3 OF 8
FORMAL CONTRACT SECTION 500
go
ho
Formal Bids;
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 Manage~ or
Project Manager or any other person who has directly contributed to City’s decision to award the
contract to Contractor;
jo
ko
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
12.
13.
14.
15.
Contractor has f.ully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
Assianm.ent. This Contract and the performance required hereunder is personal to Contractor, and it shall
not be assigned by Contractor. Any attempted assignment shall be null and void.
Claims of Co..ntractor. 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.
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.
Notice___._~s. 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
materi~l ~ent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall
include, Without limitation, service by delivery and service by facsimile transmission.
CITY OF PAL0 A’I.TO: FORMAL CONTRACT (IFB 103063)’SECTION 00500~4 OF 8
FORMAL CONTRACT
To City:
Copy to:
To Contractor:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
City of Palo Alto
ATT.: John Carlson, Project Manager
Public Works Department, Engineering Division
250 Hamilton .Avenue
Palo Alto, CA 94301
Key Turf Construction, Inc.
2743 Sawer Lane
San Marcos, CA 92069
SECTION 500
PHONE:(760) 471-1867
FAX: (760) 744-5940
ATT.: Michael Key
16.
17.
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.
Miscellaneous.
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.
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.
e.Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
CITY OF PALO ALTO: FORMAL CONTRACT (IFB 103063)SECTION 00500-5 OF 8
FORMAL CONTRACT SECTION 500
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 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 exemise 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 wa!ves 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.
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.
pc 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 Californ a 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.
q.Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or
CITY OF PALO ALTO: FORMAL CONTRACT (IFB 103063}SECTION 00500-6 OF 8
FORMAL CONTRACT SECTION 500 ,
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 Clerk
CITY OF PALO ALTO
By:
Its Mayor
CONTRACTOR:
By:
Name:
Title:
Taxpayer I.D. No.
APPROVED:
Assistant City Manager
Director of Public Works
Acting Director of Administrative Services
Insurance Review
APPROVED AS TO FORM:
Senior Asst.. City Attorney
CITY OF PALO ALTO: FORMAL CONTRACT (IFB 103063)"SECTION 00500"’7 OF 8
FORMAL CONTRACT SECTION 500
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
On , before me,
personally appeared
, a notary public in and for said-County,
, personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to .the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their s.ignature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
END OF SECTION
CITY OF PALO ALTO:, FORMAL CONTRACT (IFB 103063)SECTI’ON~O0500-8’ OF 8
ATTACHMENT D
AMENDMENT NO. 3 TO CONTRACT NO. C4038586
BETWEEN THE CITY OF PALO ALTO AND AMPHION
ENVIRONMENTAL, INC. FOR PROFESSIONAL
ENGINEERING CONSULTANT SERVICES
This Amendment No. 3 to Contract No. C4038586 ("Contract")
is entered into , by and between the CITY OF PALO
ALTO, a chartered city and a municipal corporation of the State of
California ("CITY"), and AMPHION ENVIRONMENTAL, INC., a California
corporation, located at 1330 Broadway, Suite 300, Oakland, CA 94612
("CONSULTANT").
RECITALS:
WHEREAS, the Contract was entered into between the
parties for the provision of professional consultant services for
preparation of a golf course master improvement plan as hereinafter
described; and
WHEREAS, the parties wish to amend the Contract;
NOW,~THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
follows:
SECTION i.Section 6.1 is hereby amended to read as
"In consideration of the full performance of the
Basic Services described in Section 4 of this Agreement,
CITY agrees to pay CONSULTANT a fee not to exceed Seven
Hundred One Thousand Thirty Dollars ($701,030).
The amount of CONSULTANT’S compensation shall be
calculated as~set forth in Exhibit "B", entitled "Rate
Schedule," attached hereto and made a part hereof by this
reference, on a time and materials basis, up to the
maximum amount set forth in this paragraph 6~i."
follows:
SECTION 2 Section 6.1.2 is hereby amended to read as
"6.1.2. For Additional Optional Services. For
CONSULTANT’S additional optional services, as described
in Section 4.2.4 of this Agreement, compensation shall be
as prescribed in Exhibit °’B", but shall not exceed Forty-
Six Thousand Three Hundred Thirty Dollars ($46,330). The
rate schedules under Exhibit "B" shall be updated on
January 1 of each year."
SECTION 3. Exhibit "A" to the Contract is hereby amended
to add a scope of services and a fee schedule for Golf Course
980326 syn 0071386
1
Improvements to read in accordance with the revised Exhibit "A",
which is attached hereto and incorporated herein by reference.
SECTION 4. Except as herein .modified, all other
provisions of the Contract, including any exhibits and subsequent
amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this Amendment on ~the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
AMPHION ENVIRONMENTAL, INC.
By: ~ ~
Its:
Taxpayer I.D. No. 94-2972872
City Manager
Director of Community Services
Deputy City Manager,
Administrative Services
Director of Parks and Golf
Risk Manager
Attachments :
EXHIBIT "A" :
EXHIBIT "B" :
SCOPE OF SERVICES, FEE SCHEDULE BY TASK SCHEDULE
RATE SCHEDULE
980326 syn 00713~6
2
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)))
On~L~Lt~) ~,.~~, before me,. the undersigned, a
notary public in and for said County, personally appeared
per~y knc~n t~_m~ (or proved to ]me on the basis of
satisfactory evxdence) to be the person~ whose name(s@ is/~r.e_
subscribed to the within instrument, and acknowledged to me that
he/~b~-~ exech~’ed " the same in his~h~/=~A~a~r authorized
capacity~ie~, and that by his//~-~ signature~s~ on the
instrument the person(~, or the entity upon behalf of which the
person~sq acted, executed the instrument.
WITNESS my hand and official seal.
980326 syn 0071386
3
REVISED EXHIBIT A
FEE SCHEDULE
AMENDMENT #3
Golf Course Improvements
Amphion Environmental, Inc.
,,,GOLF COURSE MASTER PLAN $158,880
GOLF COURSE .IMPROVEMENTS
SCHEMATIC DESIGN
CONSTRUCTION DOCUMENTS
Interim Improvements
Golf Course
BIDDING SERVICES (time and materials)
CONSTRUCTION SERVICES
Interim Imp. Construction, Amphion
~Interim Imp. Construction, Halsey Daray Golf
{4~Field Observation, Golf Course Construction
MEETINGS (time and materials)
REIMBURSABLES (time and materials)
~,~ Project Closeout
$24,900
$228,500
$6,500
$11,000
$115,300
CONTRACT SUBTOTAL
~,ADDITIONAL SERVICES
Erosion Control Plan
Wildlife Investigations
{,~Archeological and Soil Investigations
TOTAL CONTRACT AMOUNT
(1)Originat Contract
(2)Amendment # 1
(3)Amendment # 2
(4)Amendment # 3
$542,150
$1 O4,OOO
$253,400
$132,800
$18,050
$21,500
$12,400
$701,030
$46,330
$5,50O
$7,000
$33,830
$,747T360
03126198 Page 1 of 2 Pages EXH-A-3.WK4
REVISED EXHIBIT A
FEE SCHEDULE
AMENDMENT #3
Golf Course Improvements
Amphion Environmental, Inc.
Golf Course Improvements included in Amendment #1
1. Install irrigation system for the entire golf course
2. Storm Drain System
a. Construct storm drain reservoir
b. Install storm drainage system for the entire golf course
c. Install drainage pipes for fairway sand traps
3. Golf Course Surface Improvements
a. Reconstruct fairway #s 4, 7, 13, 15 & 16
b. Reconstruct greens on fairway #s 4, 5, 7, 8, 11, 13, 15 &16
c. Reconstruct traps on fairway #s 4, 5, 6, 7, 10, 13, 15 &16
d. Reconstruct tees on fairways #s 3, 4, 7, 10,13, 15, 16 & 18
e. Reconstruct roughs
4. Driving Range ’
a. Replace existing fencing
b. Realign driving range
5. Parking Lot
a. Reconfigure Parking lot
b. Add landscaping
c. Add exit to Embarcadero Road
d. Parking Lot lighting
6. Repair and resurface entrance road
7. Construct bike path along Embarcadero Road
8. ADD ALTERNATES TO BID
a. Install trees per master plan
b. Fairway perimeter fencing upgrade
Interim Improvements
Construction Services
(2) Amendment # 1
(3) Amendment # 2
(4) Amendment # 3
03/26/98 Page 2 of 2 Pages EXH-A-3.WK4
EXHIBIT B
RATE SCHEDULE
AMPHION ENVIRONMENTAL, INC.
Billing Rates for Professional Design Services
PERSONNEL.
Principal
Project Manager/Associate
Professional Staff
RATE PER HOUR
$i15
90
68
Technical/Computer Staff
Para-Professional / Clerical
50
40
Direct Costs are in addition to the above figures and will be billed separately. These
costs include: Incidental expenses such as travel and subsistence in connection with
the project, and long distance telephone, telegrams and cables, and other .commun-
ications costs. Expenses for preparation of presentation models renderings,
brochures, and other illustrative materials for the project and required by the Client
are also detailed and billed at cost plus 15%, separate from compensation for
professional services.
Rates effective 25 March 1998