HomeMy WebLinkAbout1996-11-25 City Council (4)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
2
FROM:CITY MANAGER DEPARTMENT: Public Works
AGENDA DATE:. November 25, 1996 CMR:473:96
SUBJECT:AWARD OF CONTRACT TO LUDWIG BETCHART INC.,
FOR PALO ALTO HARBOR MARSH RESTORATION (PHASE
H) AND BUDGET AMENDMENT ORDINANCE
REQUEST
This is a request for approval of a contract with Ludwig Betchart Inc., in the amount of
$692,622.23 for Marsh Restoration at Palo Alto’s Harbor Point and approval of a Budget
Amendment Ordinance to provide funding this year.
RECOMMENDATIONS
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Ludwig
Betchart Inc., in the amount of $692 622.23 for Marsh Restoration.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with Ludwig Betchart Inc., for related, additional but
unforeseen work which may develop during the project, the total value of which
change orders shall not exceed $69,000.
Approve the attached Budget Amendment Ordinance to provide funding this year
to construct and establish Phase II of Marsh Restoration.
POLICY IMPLICATIONS
The award of tS_is contract is consistent with Council’s past policy direction for restoration
of seven acres of marsh restoration at Harbor Point.
EXECUTIVE SUMMARY
Project Description
CMR:473:96 Page 1 of 4
In 1981, the San Francisco Bay Conservation and Development Commission (BCDC),
issued a permit to the City to perform a final marina dredging and develop four acres of
an eleven acre marsh (which was completed in 1993) in Palo Alto Harbor. The work to
be performed under this contract is for the restoration of the remaining seven acres of
marsh at Harbor Point. The tidal salt marshland will increase the habitat for Baylands
plants and wildlife including certain endangered species. Approximately 64,000 cubic
yards of former dredge spoils will be excavated and transported to a landfill site at Moffett
Field. The completed site will include a series of tidal sloughs and upland areas suitable
for wildlife foraging and nesting. The tidal zones will be planted with salt tolerant plants
such as gum plants and cordgrass.
Work is expected to start in early December 1996 and may extend through April 1997.
If the work cannot be completed in that period, because of poor weather conditions, then
work will recommence in September 1997 as allowed for in the project permit conditions
of approval. Permit conditions expressly prohibit construction noise and activities that
would interfere with the breeding season of the endangered California Clapper Rail.
Bid Process
A notice inviting formal bids for Palo Alto Harbor Marsh Restoration ( Phase II) was sent
on October 15, 1996 to 16 builders’ exchanges and 16 contractors. A pre-bid meeting
was held on October 24,1996 ; twelve bidders attended the meeting. Bids were received
from nine qualified contractors on November 5, 1996, as listed on the attached bid
summary (Attachment A). Bids ranged from a high of $1,049,049 to a low bid of $
692,622.23. Contractors not responding indicated that they did not submit a bid because
they were extremely busy and could not participate at this time.
Staff has reviewed all bids submitted and recommends that the bid of $692,622.23
submitted by Ludwig Betchart, Inc., be accepted and that Ludwig Betchart, Inc., be
declared the lowest responsible bidder. The bid is 5 percent above the engineer’s estimate
of $659,919. It would appear the additional cost can be attributed to a generally busy
earthworks industry in Santa Clara County. The change order amount of $69,000; which
equals !0 percent of the total contract, is requested in order to cover the cost of any project
changes resulting from unforeseen soil conditions and performing work in an
environmentally sensitive preserve during the winter season.
The contractor has worked previously for the City and was responsible for the construction
and establishment of the adjacent four acre marsh in 1993. The contractor always
expressed a willingness to work cooperatively with staff, in executing the earthworks and
restoration project. Staff also checked with the Contractor’s State License Board and
CMR:473:96 Page 2 of 4.
found that the contractor has an active license on file. No disclosable complaints were
reflected in the information provided to the City.
FISCAL ,IMPACT
On October 17, 1996, (CMR:427:96), Council approved a Cooperative agreement with
San Francisco regarding marsh development. This agreement was in accordance with
Council’s request to proceed with obtaining funds from other agencies or private parties
to reduce or eliminate the City’s cost for Phase II of the marsh. At that time, the FY
1996/97 budget was adjusted to reflect the receipt of the estimated project costs plus a one-
time payment for administration, design, and monitoring costs. The FY 1997/98 budget
will include the rest of the payments due for project costs, and will reflect the higher than
expected bids. The agreement was approved by the San Francisco Airport Commission
on November 5, 1996. This provided environmental mitigation credits which were needed
for the airport project to receive agency approval. The airport project includes runway
safety zones, taxiway alignments, road widening, new detention pond and public parking.
The Commission will also be restoring another wetlands project at the Presidio in San
Francisco. This second project provided the additional mitigation credits required for the
approval of the San Francisco Airport project by the Corps of Engineers.
A budget amendment in the amount of $95,000 is required to fund the difference between
current appropriations and the anticipated total project cost of $761,622.23. Although the
work was scheduled for next year and funded for construction in the 1997/98 fiscal year,
staff was able to negotiate with the San Francisco Airport Commission for reimbursement
(on a percent completed basis) in the current fiscal year and so proceeded with the project
this year. Staff estimates that the funds expended within the first construction season
(ending in April 1997) will greatly exceed the amount requested in the budget amendment.
These expended funds will be reimbursable from San Francisco Airport Commission on
a monthly basis. This also allowed the City to make use of two available construction
seasons, which greatly increases staff’s flexibility in meeting permit deadlines and
protecting endangered species. Because of the timing of the City’s project, staff was able
to negotiate with the U.S. Navy to permit disposal of the spoils at their Moffett Federal
Airfield Field landfill site.
ENVIRONMENTAL ASSESSMENT
The project will have no significant environmental effect for the purpose of the California
Environmental Quality Act, as shown in the mitigated negative declaration for the project
approved by the Council on March 18, 1991 ( Negative Declaration No. 91-EIA-1). No
further review is necessary.
CMR:473:96 Page 3 of 4
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Bid Summary
Contract
Budget Amendment Ordinance
PREPARED BY: George Bagdon, Assistant Director of Public Works
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
IGLENN S. ROBERTS
Director of Public Works
~. ’ ~dFanLa~e~lrING "
CMR:473:96 Page 4 of 4
PALO ALTO HARBOR IMPROVEMENTS
MARSH RESTORATION PROJECT - PHASE 2
CIP #18918 BID DATE: NOVEMBER 5, 1996
BID NO.
NO. 1
BIDDER’S NAME I BID AMOUNT
LUDWIG BETCHART, INC $692,622.23
FREMONT, CA
NO. 2
NO. 3
NO. 4
NO. 5
NO. 6
NO. 7
NO. 8
NO. 9
COOPER CRANE & RIGGING,
NOVATO, CA
PAVEX CONSTRUCTION CO.
REDWOOD CITY, CA
I FERMA CORPORATION
I MTN. VIEW, CA
O.C. JONES AND SONS
BERKELEY, CA
GRADE TECH INC.
FREMONT, CA
FANFA, INC.
SAN LORENZO, CA
DESILVA GATES CONST. LP
DUBLIN, CA
McGUIRE AND HESTER
OAKLAND, CA
ENGINEER’S ESTIMATE
$699,209.20
$724,941.85
$747,334.70
$753,256.75
$758,476.29
$825,249.17
$827,279.50
$1,052,249.00
$659,919.70
ATTACHMENT - A
FORMALCONTRACT
PUBLIC WORK CONTRACT No. C
(Public Work)
City of Pa/o Alto
This Contract, dated , is entered into by and between the City of Palo Alto, a
chartered city and a municipal corporation of the State of California ("City") , and Ludwig Betchart, Inc.,
("Contractor"
For and ~n consideration of the covenants, terms, and conditions ("the provisions") of this Contract,
City and Contractor ("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of
this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion,
or, if no such notice is required to be filed, on the date that final payment is made hereunder,
subject to the earlier termination of this Contract.
General Scope of Project and Work. Contractor shall furnish labor, services, materials and
equipment in connection with the construction of the Project and complete the Work in
accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The Project and Work is generally described as follows:
Title of Project:Marsh Restoration Phas.~ II NO.:#91489
Total Bid:$ 692,622.23
Add Alternates (if any)"$N/A
Total Bid:$ 692,622.23
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.
Invitation For Bid.
Specifications and/or Scope of Work.
Drawings.
Change Orders.
Proposal and Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
CITY of PALO ALTO: Marsh Restoration Phase II (Rev. 10/96)Page -.1 of 8
FORMAL CONTRACT City of Pa/o Alto
Affirmative Action Guidelines and Compliance Report.
Other Specifications, or part thereof, not expressly incorporated in the Contract
Specifications or the Standard Drawings and Specifications (1992).
Any other document not expressly mentioned herein which is issued by City or entered into
by the parties.
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.
.!..nsuraQce. On or before the Date of Execution, Contractor shall obtain and maintain the policies of
insurance coverage described in the Invitation Forl 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 !5 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 liability on Contractor in the performance, of or failure to perform the
provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions
of City or any of its Council members, officers, employees, agents or representatives. This indemnification
shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by
Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations
under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend
City, its City Council members, officers and employees from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising,
in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or
omissions under this Contract, under the Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. § §9601-6975, as amended); the Resource Conservation and Recovery Act (42
U.S.C. §§6901-6992k, as amended); the Toxic Substances Control Act (15 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
CITY of PALO ALTO: Marsh Restoration Phase II (Rev.1.0/96)Page-2 of 8
FORMAL CONTRACT City of Palo Alto
ordinance, or at common law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of toss, 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 any bond or fire
underwriters or other similar body now or hereafter constituted, with any discretio.nary 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
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;
Co 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;
do 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;
CITY of PALO ALTO: Marsh Restoration Phase II (Rev. 10/96)Page -3 of 8
FORMAL CONTRACT City of Palo Alto
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;
go Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon
the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or
Project Manager or any other person who has directly contributed to City’s decision to award the
contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially
affect Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports,
resolutions, certifications, and other 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
conditions of the Project site.
12.Assiqnrnent. 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 part.y 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
CITY of PALO ALTO: Marsh Restoration Phase II (Rev.10/96)Page 4 of 8
FORMAL CONTRACT City of Palo A/to
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
Department of Public ..Works
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
(415)- 329-2693
FAX: (415)- 329-229.9
ATTN: Jim Harrington, Project Manager
To Contractor:Ludwig Betchart, Inc .................
42270 Osgood Road
Fremont, CA ...............
(510), 656-8157
FAX: (510) 657-4331
ATTN: Waldraut Betchart
16.Appropriation of City Funds. This Contract is subject to tl~e fiscal provisions of Article II1, 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.
17.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.
CITY of PALO ALTO: Marsh Restoration Phase II (Rev. 10/96)Page -5 of 8
FORMAL CONTRACT City of Pa/o A/to
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.
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.
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 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, efficers 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.
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
CITY of PALO ALTO: Marsh Restoration Phase II (Rev. 10/96)Page-6 of 8
FORMAL CONTRACT City of Palo Alto
on a Saturday, Sunday, or any Day observed as legal holiday by City, the time for performance
shall be extended to the following Business Day.
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.
Re~;overy 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:
By:
Its: Mayor
CONTRACTOR:
City Manager
By:
Name:
Director of Public Works Title:
Director of Administrative Services
Taxpayer I.D. No.,,,,,,Fed: 94-2508854
,State: 194-0864-0
Manager Contract Administation
(for: Risk)
APPROVED AS TO FORM:
Senior Asst. City Attorney
CITY of PALO ALTO: Marsh Restoration Phase II (Rev. 10/96)Page -7 of 8
FORMAL CONTRACT City of Pa/o A/to
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
On , before me,
a notary public in and for said County, personally appeared
.............. personally
known to me (or proved to me on the basis of satisfactory evidence) to be the.person(s) whose
name(s) is/are subscribed tothe within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed.
the instrument.
WITNESS my hand and official seal.
Signature (Seal)
END OF SECTION
CITY of PALO ALTO: Marsh Restoration Phase II (Rev.10/96)Page -8 of 8
0RDiN~A~C E NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1996-97 TO
PROVIDE AN ADDITIONAL APPROPRIATION FOR AWARD OF CONTRACT
FOR PALO ALTO HARBOR MARSH RESTORATION (PHASE II)
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June
24, 1996 did adopt a budget for fiscal year 1996-97; and
WHEREAS, the Council previously approved a Cooperative
Agreement with the San Francisco Airport Commission for marsh
restoration at Harbor Point; and
WHEREAS, in exchange for paying for Capital Improvement Project
18918, Harbor Improvements, the San Francisco Airport received
envirormaental mitigation credits to be used towards a planned
airport expansion; and
WHEREAS, based upon bid proposals received, the marsh
restoration wil! cost more than originally estimated and the
additional expense will be paid for by the San Francisco Airport
Commission; and
~WHEREAS, the budget for the Harbor Improvements CIP (Number
18918) must be increased by $95,000 to accommodate this higher cost;
and
WHEREAS, City Council authorization is needed to amend the
1996-97 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. The sum of Ninety-Five Thousand Dollars ($95,000)
in revenue is added to the General Fund, and is correspondingly
transferred to the Capital Improvement Fund, and CIP 18918, Harbor
Marsh Improvements is correspondingly increased.
$E~T!QN 2. This transaction will have no impact on reserves.
SECTIQN 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 n~gative
declaration (91-EIA-I) on March 18, 1991, for the project. No
further review is necessary.
SECTIQN 5. As provided in Section 2.04.350 of .the Palo 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 Deputy City
Adminis trat ive
Department
Manager,
Services
Director of Public Works