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Jaly 19, 199()
THE HONORABLE CIT'" COUNCIL
Palo Alto, California
Byxbe@ Park phase I, CIP 45690
and Request tQr increased
Agthorit.y
Members of the Council:
/
-A1nendm~ __ tlt to Consultant Aqreemt!:nt
Construction Contract cootir.gent
This report recommends that Council approve Amendment No. 2 to
Consultant Agreement No. C4770 with Hargreaves Associates In the
amount of $11,046 for additional services for Byxbee Park Phase I.
The report also requests aOditional authority o.f $1104'-0,0·0 to
execute chanqe orders to Contract No. C57S65 with Granite
Const.ruction Company for Byxbee Park. Funds were appropriat.ed for
this purpose in CIP 45100, Palo Alto Landfill Partial closure.
Bac;kground
On Xarc.h 71 1988 ... Council approved an aqreement with Hargreaves
Associates tor $9'9,,075 to provide design and construction stage
services for the first phase of Byxbee Park dev~lopment
(CMR:159:8).. council approved the Site and Design Review
applicat.ion and Park Improvement ordinance on March 27. 1989
{CMR:198:9). Attachment A is a location plan of the first phase of
park development. The consultant finalized the plans and
specIficatIons for Phase I of park development, and the pr-oject was
advertised for 1:110. On November 15 4 1989. Council approved the
award 01 a construction ~tract to Granite Construction company
for $1,551,675 (CMR:530:9}.
At the time of award, staff advised Council that the California
Integrated Waste Xanaqement Board (Board) would not issue a permit
allowing construction to begin, until the Board was satisfied that
the landfill and Phase I ~ork were in compliance with new state
regulations whiCh became effective in August 19S9. The regulations
Include the establishment of a financial mechanism to cover the
cost of landfill closure/postclosure. maintenance. As a result,
staff requested and received written assurance from the contractor
that the bid prices ~ould be maintained vithout escalation until
June I, 1990, so as to allow tiEe for ~taining a permit from the
Board.
During the last eight ~onths# staff worked closely ~r~h the Board
and resolved outstanding issues with respect to the Byxbee Parle
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Phase I plans. However, the Board did not accept the landfill
closure/postclosure financial mechanism ~hich had been approved by
council on May 14.# 19'90 (CMR.:285:0}.. Staff has developed a revised
financial mechanism which is recommended to Council in a compani~n
staff report (CKR:434:0,.
piscussion
staff of the Board has indicated that a recommendation for approval
of Byxbee Park construction is agendized for the Board's July 27,
1990 meetinq. This is conditional upon concurrent approval of a
revised financial mechanism.
city staff anticipates Board approval.. a~ in order to begin
~struction as soon after July 27, 1990 as possible .. recommends
that Council take the following actions. (Any oelay in starting
construction 'ViII ma)ce it extremely difficult to complete the
Park's grading and drainage prio~ to the rainy season).
1. Amendment to Consultant Agreement
During the Site and Design Review process, several
modifications were required to be made to the master plan for
Byxbee Park. The most significant change included advancing
the timing for construction of rest rooms from a later phase of
development to the current project. The original location of
the restrooms was moved from Embarcadero Way to a site
adjacent to Phase I development t.o accommodate Park users.
Attachment B is an amendment to the Harqreaves Associates
aqreement in the amount of $11JO046 for additional services for
designinq the rest.rooms. Although the consultant failed to
comply strictly wIth the contract, in not informinq staff of
the need for additional compensation until the design phase
was completed, staff recommends approval of the amendment
after having th~roughly reviewed their cost documentation.
Additionally, as a result of the delay in building the park,
it may be necessary to entertain a futUre request for
additional compensation by tbe consultant JO 'w'h!ch involves
construction staqe services (inspection]. The original
agreement did not anticipate provIding services beyond fall
19"90. It now appears that additional funds to cover increased
labor costs will be needed as park improvements such as
pathways and artistic features will occur in 1991. If a
further amendment is needed~ staff will ret.urn to Council ~hen
labor escalation cost.s are clearly identIfied based on the
progress made on Park construction.
staff anticipated the possible need for additional
compensation resulting from added deSign services and a
construction delay. As a result. Council appropriated funds
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for this purpose in CIP 45100, Palo Alto Landfill Partial
Closure in FY 1990-91.
Increase in Construction Contract Contingency Authority
Since approving the contract with Granite construction
company ... an increase of $110 ,000 in CCJ.ntingency authority is
necessary to comply with new requl~tions imposed by the Board
and to cover the labor and Materials escalation costs
resulting from a two month delay in the start of construction.
"!'he Board approvec1 new requlatic>ns in August 19S9 after
completion of the plans and specIfications for Byxbee Park.
The new requlations require expand.ed construction quality
assurance measures for the placement of tinal cover on the
landfill. A 25-foot-wide, 60-foot-lonq, 3-foot-hlgh test pad
needs to be constructed at the work site, using representative
samples of the imported dirt to be placed on the landfill~
The pad is tested for density and penneability as it is
compacted in 6-inch layers.. The field results are compared to
labOratory tests, and the chemical co~position is analyzed.
This process greatly exceeds the simple in-p1ace field testing
of the cover envisioned in the plans and specifications~
Based on a construction project. involving 60..,0'0'0 tons of dirt
cover.., the additlOl:lal cost for qualitY' assurance to be
performed by the contractor is estimat~d at ~SS,OOO ..
As previously indicated.. the contractor quaranteed his bIei
prices through .Kay 1990.. However" the two 1Donth delay in
starting construction (fro. June 1.., 1~90 to August 1, 1990)
will result in labor and material escalation costs of
approximately $25 ,0'00. Attachlllent C is a copy of a letter
from Granite construction company" which details this cost ..
Staff ~evie~ed the oontractorls request and has determined
that it is extremely reasonable in view ~f their $~,551 .. 67S
bid wbich was submitted eight months ago ..
As previously indicated, 6taff anticipated the need for
additional compensation.. and funds were approp~iated in CIP
45100 .. Palo Alto Landfill Partial Closure for this purpose in
FY 1990-91.
Environmental Assessment
A mItigated negative declaration was adopted tor this project as
part of the Site and Design Revie~ process.
Recomm,sndatio-ns
Staff recommends that Council~
1. Approve and auth~rize the Mayor to e~ecute Amendment No. 2 to
Consultant Agreement No. C4710 with Hargreaves Associates in
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the amount of" $11,046 for design services for Byxbee Park
Phase I.
2. Increase the City Manager's or his desi9'nee's authority to
neqotiate and executa one or more additional chanqe orders to
Contract No. C57S(S with Granite Constru~tion Company, the
value of all of which change orders shall not exceed $l.10 Jl COO.
This represents an increase in staff's authority from $79 J1 10S
to $189 6 105 for all change orders.
Respectfully submitted,
~~
Acting Director of" Publio works
~~ ~~~t City Manager
ce: Visual Arts Jury
Att:achments: A.
CMR:4l1: 0
B.
C.
Location Plan
Con5ultant Amendment
CODtractor Letter
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At tacbment :s.
AKENDKENT !IO. 2 oro CONTRACT NO. C-, 77 0
II'{ AND BETWEElI C In OF PALO ALTO AND
IIARQlIEAVES A.SSOCIA'!$$ FOR PROFESSIONAt.
DESIGlI $~lCES FOR B¥XBEE PARK Pl!A.9I! ONE
THIS .AMXNDM'!:NT -to Cont.r-aei: No. e ..... '70 1. ma.de ,and entered
into this _____ 4&y of , 19iC, by and betveen the
CITY OF PALO AL'l'O, a 1N1l1clpal co~pont1o", of Cal Horn!a, hereInaf
ter retort"e4 to as 'CIT'!,' and I!ARGREA'IES ASSOCIATES ('r"xp.:I~r
loSelltification !lUmber 9(-H57JJ4), vith offices at 545 JUs.i"n
Stre.t, San. rra.ncilSCo" CA '4105, hereinafter reterred. to as
'CONSI1tlrAN'r'/
B ! C Z , " L ••
WHEREAS, Contract No. C-4170 vas previously entered into
betveen cn'l!' and CONSl1LTAN'r tor the provision of professional
design service. tor Byxbee Park Phase ~e and constru~tlGn phas~
follow-up, &n4
WHEREAS, the parties may agree to amend said Agroement
from time to time:
NOW, 'rHEREPORE, In consideratIon ct t~.lr ~utual
covenants, the parties bereto .. qree as foHova.
SECTION 1. The following paragraphs of contract No. c-
4770 are hereby amended to read as follews as of the date provided
above,
a. SectIon •• 1.2 •
• Pee'en $t'se. The de.19ft staqe shall consist
of the foll_ing phases of vork and shall inclu-1e the
usual professional services Of civ11 and Itructural
eQ9ineerlnq, environmental planning', architectural des.lsn
~04 landscape architecture. CONSULtANT'S specific
responsibilities under each ot these pbues are described
be-low .. -
h. Section 7.1.
->9NSYLTANT· :; FEES.. CITY agrees to pay
COIiWLTANT fer the full performance of its services under
tb is amendeoS A;reemant in a sum n<>t to exceed O",e I!Undre"
Thirty-Four Thousand Six Hun<!red Sixteen DoHan
[$13'.616.00}. an increase of Eleven Thousand Forty-Six
Dollars ($11,046.00) ewing to ADer.dmer.t F~. 2 te this
AgreUlent, which such additional funds shall be allocated
to paPlent for CONSULTAN'r's serviees under the Destgn
Stage.
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-The: amount of CONSULTA.KT'. compensat.ion 5ha11
b. calculated as set forth in Exhl~lt 'S-, Schedule at
aat.es, at:t.ache-d. hereto. up to the max1mum amount set
torth 1ft this Sect!~n 7.1.'
SECTTQN 2. E~~lbit A to Contract No. C-4770 is hereby
amenctecS as of Ule data provid9d aDave by the exhibit at.tached
hereto an<! lncorporated in full by this reference enti1:lelS 'El<lllbit
&-1 -Restrooa Cesign $ervices'.
SEeTl0R 3. Except.s herein zodifie~. all other
provision~ of and eXhibits an<! amendments to said Agreement sholl
rem81n in full torce and effect.
1M' WITllESS WHER.OOF, the parties hereto have executed this
Ame1><lment tile day and year first &bove written.
City Clerk
APPItOVED AS TO PORI!:
Sr. A~sl$tont CLty Attorney
APPI!OVBD:
ASsistant city kina;er
Director of Finance
Risk Manager
APPROVED AS TO CON'I'EN'l':
Director of Publ[c Wor~$
Attachments:
CIT"i OF PALO ALTO
Mayor
By:t(&~~~~
ItS:-u~~~~f.~-r.~ ____ _
Taxpayer Identification No.
94-2957334
'EXHIBIT A-I -RESTROOV-DESIGN SERVICES'
I'J':: 1 am
0 7/16/90
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EXHIBIT 1>-1
R!STROOK DESIGN SERVICIS
8X~8EE PARK PHASE o~t
PROJECT '5590
The fol1o'Wi~9 outlines the services to 'toe perforlr'.ed for tha design.
of t~. restroom flC11ity by the consultant.
A. Foundation E~ineering
1-
2.
3.
C.
S.
6.
1.
I.
9.
10.
Review QBC require~ent5
C.ter=!n~ buildinq dead loads
~ter.mlne ~esi9n loads
Determine '~nd.t1on siza
oeter.ine reinforcement r~quirements
Det6rm1ne &llo~able scil bearing pressure
oetermine foundation b@~rin9 load
Chec~ foundatIon bear1ng load B9a1nat allowable soil
~aring pressure
pupare details
Prepare specificatIons
8. Rev;"" I1PC Requirements
1. Review VPe requirements
2. Determine water SOUrce
3. Determine water supply requirements
C. Size water supply plp!nq
S. oetermine restroom internal piping si~e b~5e cn fixture
re.qu1rertents
6. Determ1na location of elean-outs
,. Sice sewai. ~ol~!n9 tank tor flotation
s. Prepan c:lralo'inq
9. Prepare specificatIons
c~ structural Oesign
1. Review CSC requi~e=ents
2. Determine design fer reinforcinq 6f eantl1evere~ ,concrete
blocll valls
). calculate an~ site truss bembers and roof jOists
~. Calcul~te ar~ ~evelop ~onne~tlon details for truss a~
roof !'.ecl:-ers
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5. ~alcul.t. an~ ~.velop .nahera~e details tor t~usge5 to
each other .nd to block valle
,. DeVelop 4 .. i;" for structural connection ot cctT'.>qatM
rocUnv to atructure
7. Analyze vertical and laterat loads on structure
D~ Archlte~t~r.
1.
2.
J.
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7.
a.
t.
Ilc.lea
~evlev ~ and 1itle 2' requlr.~.nts
Cocrdinata work by subcons~ltants
~ev.lop preliminary and desi~n dev.l~ent dra~in95
Re ••• rCh materials: ccncrete bl~k, metal 8idinq,
blrd.c~een, vood structure and vOOd sidinq
ltesearc:h plWlll:>lrn; f1xt~u, toil",; aoce .. "r1 ... "d toilet
partitions, Collect and evaluat~ trade literature and
intervIew trade representatives. select suit.~le
pr04~s .. .,d incorj>Qraeion info ...... t!on into ccnstrl>ction
doeulllent,
~ •• earcb 1n~erior finishe. an~ develop outline
specifications
oet.rmine "'esign for 6<>or6, holl¢'.r ,."tal {noes a"'"
hardw.re. ~vell)p const.rl>Ctton details end outline
speoHleations
Develop details tor wOQ.1work ... eJ!Il>ly alld ,.tru<:t"ul
eonn.ctLonl l lnccrpcrate structural in:c~&~1~n into
connectIonal .nchc~age$ a~4 braoXeta
Coordinate entire pec~'9. to produce l cO~plete eet of
oontraet doe~,.nt5 tor re$t~oo~
¢H ltest.<l.ee
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IiR~nITE
[OnSTRUCTlon
COmPAny
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City of F~lo Alto
p .0_ B<j:'~ 10250
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Fat': ~lt~, CA 94302
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<:> Attachment C
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REGARD!\G-l~CREASfD C'.JSTS S!\:CE 'JRIGr:o;~\I. BID
_\:;; d r·.?~ul t (If the delay in the .'I:otice tc. Pr',)<::~?d fer the
ab<)-1:.a 1I'1!?Clt i·:::·ned p,roject ~ Gra:~i t~ CCLlstr'..l"='-icn Comp3W: an::! its
Bu!;>.;'.>otr:tctors ,.;ill e:",:p,,:·riec.ce 50!1lC additi,::n,31 J:':'S'C:.; ~,:::t.
included in .ocr original pr ... ypc.s:al. ~.st of tbeso:! coStS are
due to the annu~l t-nion labor increases .. hich take affect 00
June 16 ... 19-90. HO'oi€ver. some aOditional costs in material
pricing hdS alSQ oc-curred. Th'2 follol.o1ng is a br€dk.c0 .. n .of
these acticipated increases.
La..BOR ~:HERIAL
OCe ,"'ORK S 14 5S0 S 2H9
Cagwin k Dorward S 3431 S ~95
Oakland fence S 348 S 0
Brian F.angas Foulk S 2~50 S 0
Selby"s Soi 1 Erosir...>:l
Control Co. S 38~ S 0 ------------------------------------------
Totals S 21193 S JIlt
These are the most a':-Cl..lrate cost in,creases ... e '2'a,'1 d~ter!lli!:.e.
"'-ith these costs a.d-Jed to the original qUDte, loe c:an h .. )ld (;G:r
pric.; goOOd through tbe end of Jul~-19'90. If y(.>lj requir-:-an:_
aJ.1itklo o.Jl inforl!la:tion~ pleds'c-contact m'2 .It th"~ :::<3.rl "J'_'~~
Brandl Of fice.
SJr. Jc\.~ E'JI',c!1
120 G-f",in,k RrXk; \lI,'a'j
$"n .k~. c..a. 9S 136
(~a8:224 ... 124'
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