HomeMy WebLinkAbout1999-07-12 City Council (9)TO:
FROM:
City of Palo Alto
C , y M anager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS
2
DATE:JULY 12, 1999 CMR:278:99
SUBJECT:APPROVAL OF AMENDMENT NO. 3 TO CONTRACT C6085795
WITH CH2M HILL, INC. IN THE AMOUNT OF $670,000 FOR
CONSTRUCTION MANAGEMENT, INSPECTION, COMPLIANCE
TESTING AND OPERATIONS PERMIT SERVICES FOR THE
INCINERATOR REHABILITATION PROJECT AT THE REGIONAL
WATER QUALITY CONTROL PLANT
RECOMMENDATION
Staff recommends that Council approve and authorize the Mayor to execute Amendment
No. 3 (Attachment A) to contract C6085795 with CH2M HILL Inc., in the amount of
$670,000 for construction management, inspection, compliance testing and operations permit
services for the incinerator rehabilitation project at the Regional Water Quality Control Plant
(RWQCP).
DISCUSSION
On May 28, 1996, Contract C6085795 was awarded to CH2M Hill (CMR:278:96). The
Contract required CH2M HILL to provide several phases of engineering services for the
Solids Facility, from planning through construction, with each phase to receive Council
approval. Under the basic contract, in the amount of $400,000, CH2M HILL prepared the
Solids Facility Plan which evaluated various solids treatment options and provided
recommendations. Two amendments have been made to the basic contract. Under
Amendment No. 1, in the amount of $45,000, CH2M Hill prepared the negative declaration
for the rehabilitation of the incinerators and the addition of a dryer. Under Amendment
No. 2, in the amount of $715,000, CH2M Hill provided the final design and permit services.
Amendment No. 3 to the contract, requested in this staff report, will provide construction
management, inspection, compliance testing, and operations permit services for the
incinerator rehabilitation project. The fee for this amendment is $670,000.
The construction contract to rehabilitate the incinerator was awarded by Council on June 7,
1999 (CMR:265:99).
CMR:278:99 Page 1 of 2
RESOURCE IMPACT
Funding for this amendment will be from bond proceeds and is included in the FY 1999-00
Wastewater Treatment Capital Improvement Project 9707.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ATTACHMEN;FS
Attachment A:Amendment 3 for Contract C6085795
PREPARED BY:
DEPARTMENT HEAD:
Bill Miks, Manager RWQCP
GLENN S. ROBERTS
Director of Public Works
EMILY HARRISON
Assistant City Manager
CMR:278:99 Page 2 of 2
ATTACHMENT A
AMENDMENT NO. THREE TO CONTRACT NO. C6085795
BETWEEN THE CITY OF PALO ALTO AND
CH2M HILL, INC.
This Amendment No. Three 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 CH2M 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 no. C6085795; and
WHEREAS, the parties have amended the Contract on two
prior occasions; and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment No. Three, the parties
agree:
.SECTION I.
, to read as follows:
Section 5, paragraph 5.1.1 is hereby amended
~SECTION 5.COMPENSATION
5.1 CITY will compensate
following services and work:
CONSULTANT for the
5.1.1 In consideration of the full performance
of the Basic Services, including all authorized
reimbursable expenses, CITY will pay CONSULTANT a fee not
to exceed One Million Six Hundred and. Sixty Thousand
Dollars ($1,660,000.00). 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 Additional Services, the amount of compensation set
forth in Exhibit "B" will not exceed One Hundred Fifty-
Five Thousand Dollars ($155,000). The rate schedules may
be updated by CONSULTANT only once each calendar year,
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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.
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 extra work 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.~_.. 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 consultation, 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 DirectExpenses 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."
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SECTION 2. Exhibit ~A" entitled ~Scope of Services~ is
hereby amended to read as set forth in the attachment to this
Amendment No. Three, which is incorporated in full by this refer-
ence.
SECTION 3. 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:
City Attorney
APPROVED:
Assistant City Manager
Director of Public Works
Director of Administrative
Services
CH2M HILL, INC.
Name:.~b~\~, /~. ~>~/~%~-
Its:\[!<~ Ce- ~S~ ~. ~ r
Taxpayer I.D. No.: B9-0918189
Risk Manager
(Compliance with Corp. Code § 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)
Attachment :
EXHIBIT "A": SCOPE OF SERVICES
3 ~,~!i’
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CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
On
notary public in and
before me, the undersigned, a
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 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.
Notary Public
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
On
notary public in and
, before me, the undersigned, a
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 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.
Notary Public
990624 sdl 0052285