HomeMy WebLinkAbout1997-09-22 City Council (18)4City of Palo Alto
C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: Public Works
AGENDA DATE: SEPTEMBER 22, 1997 CMR:389:97
SUBJECT:APPROVAL OF AN AMENDMENT TO CONTRACT C6085795
WITH CH2M HILL, INC. TO PREPARE ENVIRONMENTAL
DOCUMENTS FOR THE REGIONAL WATER QUALITY
CONTROL PLANT SOLIDS FACILITY PLAN
REQUEST
This report requests that Council approve an amendment to contract C6085795 With CH2M
HILL, Inc., in the amount of $45,000 for consultant services to prepare the environmental
documents for the Regional Water Quality Control Plant (RWQCP) solids facility plan.
RECOMMENDATIONS
Staff recommends that Council approve and authorize the Mayor to execute the attached
amendment to contract C6085795 with CH2M HILL, Inc. in the amount of $45,000 for
consultant services to prepare environmental documents for the RWQCP solids facility plan.
POLICY IMPLICATIONS
Approval of this amendment is consistent with the existing policies.
EXECUTIVE S~ARY
In May 1996, Council approved a contract with CH2M HILL Inc. to prepare the solids
facility plan (Plan) for the RWQCP. The Plan was completed and the executive summary of
the Plan was submitted to Council with staff recommendations on May 12, 1997
(CMR:236:97). Staff’s recommendations would lead to a project to rehabilitate the two
existing incinerators immediately, and the potential to add a dryer in the future. The
recommended project was reviewed by the City’s Planning Department and the City
Attorney. Both the Planning Department and City Attorney believe that the recommended
project could be exempted from CEQA. However, staff recommends, and the Planning
Department and City Attorney concur, that an environmental review be performed to provide
a process to address concerns in a public forum.
Since the submittal of the Plan to Council, several environmental advocacy organizations have
raised concerns. The concerns are related to exploring the ways and means for possible
CMR:389:97 Page 1 of 2
cleaner sewage and possible cleaner transportation that may result in an eventual project
to replace the current and original sludge treatment policy (incineration) at the RWQCP.
An informational report regarding these concerns was submitted to Council on August 7,
1997 (CMR:356:97). Under this amendment, the consultant will perform environmental
studies to address the concerns, prepare the environmental review documents, and assist
the City in public forum. Preparation of environme,ntal documents was listed as one of
the pending tasks in the original contract to be performed by the consultant upon Council
approval of an amendment.
FISCAL IMPACT
Funds for this amendment are in the FY1997-98 Wastewater Treatment Operating Budget.
ENVIRONMENTAL ASSESSMENT
The CEQA documents will be submitted to Council for the appropriate action.
ATTACHMENTS
Amendment #1 to Contract C6085795 with CH2M HILL, Inc.
PREPARED BY: Bill Miks, Manager RWQCP
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
GLENN S. ROBERTS
Director of Public Works
EI~IILY HARRISON
Assistant City Manager
CMR:389:97 Page 2 of 2
AMENDMENT NO. ONE TO CONTRACT NO. C6085795
BETWEEN THE CITY OF PALO ALTO AND
CH2M HILL, INC.
This Amendment No.One to Contract No. C6085795
("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 ~H2M HILL, INC., a Florida
corporation, located at iiii Broadway, Suite 1200, Oakland, CA
94607-7046 ("CONSULTANT").
RECITALS:
WHEREAS, the Contract was entered into between the
parties for the provision of professional services described in
contract C6085795; 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 5 is hereby amended to read as
"SECTION 5.COMPENSATION
5.1 CITY will compensate
following services and work:
CONSULTANT for the
5.1.i In consideration of the full performance
of the Basic Services, including all authorized reimbursable
expenses, CITY will pay CONSULTANT a fee not to exceed Two
Hundred Ninety Thousand Dollars ($290,000). The amount of
compensation will be calculated in accordance with the hourly
rate schedule set forth in Exhibit "B", on a time and
materials basis, up to the maximum amount set forth in this
Section. The fees of the consultants, who have direct
contractual relationships with CONSULTANT, will be approved,
in advance, by CITY. CITY reserves the right to refuse
payment of such fees, if such prior approval is not obtained
by CONSULTANT.
5.1.2 In consideration of the full performance
of Additiona!oservices, the amount of compensation set forth
in Exhibit "B";wi~l not exceed One Hundred Fifty-Five Thousand
Dollars ($155,000). The rate schedules may be updated by
CONSULTANT only once each calendar year, and the rate
schedules will not become effective for purposes of this
Contract, unless and until CONSULTANT gives CITY thirty (30)
days’ prior written notice of the effective date of any
revised rate schedule.
970905 syn 0071276
5.1.3 The full payment of charges for extra work
or changes, or both, in the execution of the Project will be
made, provided such request for payment is initiated by
CONSULTANT and authorized, in writing, by the project manager.
Payment will be made within thirty (30) days of submission by
CONSULTANT of a statement, in triplicate, of itemized costs
covering such work or changes, or both. Prior to commencing
such extra work or changes, or both, the parties will agree
upon an estimated maximum cost for such extrawork or changes.
CONSULTANT will not be paid for extra work or changes,
including, without limitation, any design work or change order
preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.4 Direct personnel expense of employees
assigned to the execution of the Project by CONSULTANT will
include only the work of architects, engineers, designers, job
captains, draftspersons, specification writers and typists, in
cqnsultation, research and design, work in producing drawings,
specifications and other documents pertaining to the Project,
and in services rendered during construction at the site, to
the extent such services are expressly contemplated under this
Contract. Included in the cost of direct personnel expense of
these employees are salaries and mandatory and customary
benefits such as statutory employee benefits, insurance, sick
leave, holidays and vacations, pensions and similar benefits.
5.1.5 Direct Expenses are those costs incurred
on or directly for the project including, but not limited to,
reasonable and necessary transportation cost, including
current rates for CH2M HILL’s ~vehicles; meals and lodging;
laboratory tests and analysis; computer services; word
processing services, telephone, printing/ reproduction
charges; all reasonable and necessary costs associated with
outside consultants, subconsultants and other outside services
and facilities; and other similar costs. Reimbursement for
Direct Expenses will be on the basis of actual charges when
furnished by commercial sources and on the basis of current
rates when furnished by CH2M HILL. A service charge for i0
percent (10%) will be added to Direct Expenses°
5.1.6 The full payment of pending CONSULTANT
services shall be as set forth in the amendment to this
contract upon approval by CITY’S City Council.
5.~. ~he schedule of payments will be made as
follows:~ ,~,
5.2.1 Payment of the Basic Services will be made
in monthly progress payments in proportion to the quantum of
services performed, or in accordance with any other schedule
of payment mutually agreed upon by the parties, as set forth
in Exhibit "B", or within thirty (30) days of submission, in
triplicate, of such requests if a schedule of payment is not
specified. Final payment will be made by CITY after
2
970905 mjn 0071276
CONSULTANT has submitted all Deliverables, including, without
limitation, reports which have been approved by the project
manager.
5.2.2 Payment of the Additional Services will
be made in monthly progress payments for services rendered,
within thirty (30) days of submission, in triplicate, of such
requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or
other sums withheld by CITY from payments to general
contractors.
SECTION 2. Exhibit "A" entitled "Scope of Services" is
hereby amended to read as set forth in the attachment to this
Amendment, which is incorporated in full by this reference:
SECTION 3. Except as herein modified, all other
~provisibns 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
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
CH2M HILL, INC. "
Its: -
Taxpayer I.D. No. 59-0918189
City Manager
Director of Public Works
Acting Director of
Administrative Service~
Risk Manager
Attachment:
EXHIBIT "A": SCOPE OF SERVICES
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3
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF l ~" ~)
)
COUNTY OF
On ~-~-~, before me, the undersigned, a
notary public in and for said County, personally appeared
personally known to me (er_~roved to me on the b&si~ of
catisf&etory cvidcncc) 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.
Public
970905 syn 0071276