HomeMy WebLinkAbout0531.093,
october 21, ~993
THE HONORABLE CITY COUNCIL
PALO ALTO, CALIFORNIA
Btport ill Brief
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On October 29, 1992, council directed ~taff to initiate a Request
for Proposal process to select ~ consultant for development of a
Colf Cour5e Master ID'!provement Plan. The process has been
completed. This report recommends that Cc~nci 1 approve and
authorize the Mayor to execute the attached consultant agreement
'With AlPphion Environmental, Inc, in the atlcunt of $107,8BO, for
development of a Golf Course Master Improvement Plan. In addition,
stai.! recommends that Council authorize the City Manager or her
designee to execute amendments for additional environmental
services, illS necessary, rela.ted to the scope of services., with the
value of such amendments not to exceed a total of $51,000. Funds
for this project have been budgeted in the community ServicesJGolf
Operations budget.
The Finance Committee did not gelect this as a project for revie~.
In an effort to combine a number of studies regarding improvements
to the Golf Course., Council directed staff to develop a Master
ImproveJIlent Plan to concisely address all the issues brouqht
forward over the last ten years. The Master plan project wiL
incorporate information from the 1984 conceptual Study to improve
the clubhouse and parking areas, ~he 1988 Irrigation Study, the
1991 Financial/Feasibility Studies, plus staff, 'tenant and cllstomer
recomBendations.
All improvement efforts., .... hen completed., will be structured to
enhance the business operations of the golf facility, ensure long
term revenue qrowth, and provide a competitive golf facility for
the attraction of Civailable recreational dollars in our
marketplace. Phase One~ the current phase, is identified as
development of the Master Improvement Plan; Phase Two will be
development of construction documents and further environmental
review; and Phase 'I'hree will be the actual construction work.
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Upon completion of the Master Impl;ovement Plan and the initial
environmental review under the agreement~ staff will return to
Council for approval of funding to proceed to Phase two of the
project.
Coalultlnt a.lactio;
In December 1992, 2) firms wel:'e sent out letters of interest for
the project~ In April 1993, after thorouqh review fo~
qualifications, 13 firllls 'Were selected to submit Requests fo-r
Proposals (RFP'S)~ staff received bacK 5 complete RFP's for review
and evaluation.
Four proposals were received 'Which met requirements, and these were
reviewed ~y staff and the consultant selection committee ag~inst
the followinq criteria:
o Completeness of the proposal res~nsa.
o General experience, stability, and performance history an
projects of a si~ilar nature.
o Oe-monstrated ability to provide original and creative
thinking and analysis of this project relative to site
corvi i tians.
o Qualifications of key
performance history.
personnel, competence
o General approach and understanding of the project.
and
o Capability to complete the design within the required
time frame, particularly with respect to those key
persons expected to be assigned to the project.
o community relations, includinq evidence of sensitivity to
public concerns relatiVe to this type of worx.
o Recommendations and opinions ot previous clients.
o Presentation at the oral interview~ and the team
presented tor evaluation.
o proposed fee relative to the s€rvices to be provided.
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In accordance. 'With the Consultant selection procedures, staff
formed a Selection Advisory committee consisting of representatives
from Community Services, Pub~.ic Works Engineering, the Golf
Advisory Committee l and the Golt Course Corporation. In May 1993,
the committee interviewed the following firms:
1. Mindingo & Associates, Cal Olson, Golf Course Architect
2. Robert Dean Putman~ Golf Course Architect
3. J. Michael Poellot Golf Design Group
Amphion Environmental, Inc., Halsey Daray Golf
Evan thouqh all four firllls were hiqhly qualified and capable of
performing the work, the committee concluded that Amphion
Environmenta.l, lnc. was clearly best suited for this project.
Following are the reasons:
1. ThE". ability of AlIIphion to act as a facilitator tor what ... ill
be an extensive public process.
2. The overall quality of the firm's consultant teal:l., with
partiCUlar respect to the Halsey Daray Golf Group, which is
very involVed in public golf renovation projects.
J. The firm 1 s well defined approach and understandinq of the
project, as well as knowledge of the problems which currQntly
exist~
4. Their sensitivity to the environmental and public relations
aspects ot the projecta
5. Reference checks which supported the quality of current and
past work of all members ot the team.
6. The ability of Amphion to facilitate a mUltidisciplinary
project, such as the scope of services for this project
encompasses.
staff has concluded contract negotiations. Basic Services total a
-Not to E)(ceed-fee of $107,879. Further environmental
documentation may be necessary, but will not be a known quantity
until the scope of the. improvement plan becomes more defined.
Therefore, an allowance for-these additional studies has been
included, at the direction of the project manager, as a part of
Optional Additional services. Total Optitmal Additional Services in
the amount of $50,968 are proposed for the following services:
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1. Topographic Survey
2. Additional Environmental
Services (it require~J
a..
b.
c.
d.
wetland Delineation
Preparation of Initial Study
Additional Meetin9s (2)
Additional Irrigation study
TOTAL OPTIONAL ADDITIONAL SERVICES
COpsUltipg s'rvices
$17,500
300
27,811
2,882
2,475
'$50,968
Amphion Environ~ental, Inc. is a multidisciplinary consulting
enqineering firm that has completed similar golf course projects.
The team assembled represents an excellent cross s~ructure of key
staff experienced in environment~l issues, golt master planninq,
and facility design.
Attachment -Alit, Revised Scope of Services,. details the three
pri.ary tasks involved in the development of the Master Improvement
Plan:. The Preliminary Kaster Plan Phase; The Final Preli"minary
Master Plan; and Development of the Master IlDprovement Plan.
2pvironaental Xwpast
This project is categorically exempt "from the California
Environaental Quality Act (-CEQA-) under Section lSl06 of the CEQA
guidelines. Staff ..,ill return to Council tor further-envirorunental
review under CEQA, as may be reqr~ired for Phase TVo~ in conjunction
with the Council's determination as to whether to authorize the
preparation of construction d~~ents to improve the golf course,
as contemplated under the Golt Course Master Improv~ment Plan.
RecO_ettdations
Staff recommends that Council:
L Approve and authorize the Mayor to execute the attached
agreeaent with Amphion Environmental, Inc. in the amount of
$107 I 880 for the Basic Services of development of a Golf
Course Master Improvement Plan.
Authorize the City Manager
aJDenaments to the agreement,
Aaditional services, the total
shall not exceed $51,000.
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or her designe~ to execute
for performance of Optional
value of whiCh such amendments
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~.s~mitted'
PA1JL OIM
Pirector of Parks and Golf
~1\\.~AutI
BERNARD M. STR-O~;~"(
Assistant City Manager
,/ ,--~~~.-PluL-~EN . ,
Director of community Services
Related CHR's: 295:91 -Golf Course F'easibility Study
132:92 -Gol~ Course Master Plan Development
171:93 -consultant Selection Process
Attachments: EXhibit "Aft: Scope of Services , Project
Schedule
EXhibit "B": Fee Schedule by task
Exr..ibit "C M : Insurance Form
exhibit "Off: Nondiscrimination
FoI'll
Exhibit "En: Agreement
oc: Palo Alto Gal! Course CO~PQration
Palo Alto Golf Course Advisory Committee
Ray Wit and Concerned citizens
Brad Lozare~ Golf Shop. Brad Lozares
Harry's Hofbrau rnc., Larry Kramer
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Compliance
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CITY 07 PALO AL~O
= A
PALO ALTO IMfICI PAL OOLl COURSE KUTIR IflPRQVIIII1rT fLAM
SCOPE OF SERYlCES
Work under this aq~eement shall consist of the following main items
plus other related work necessary, as determined by the City of
Palo Alto, for the consultant to develop a Master Improvement Plan
for the Palo Alto Municipal Golf Course (the Project). The work
shall be cOl"llpleted in accordance 'With the Project Schedule set
forth in Attachment A to this scope of Services.
TASK 1. PRELIMlNARY MASTER PLAN PHASE
~A8K ~~A OVer&ll Project Kan&g ... nt
The consultant shall provide overall project management, including
assignment of ~ork, monitoring progress, conducting project
reviews, providir~ liaison with City staff/departments and provide
meetinq su~ries of all meetings. The consultant shall conduct ,
at a minimum, monthly project meetings with city staff as well as
attend various pUbic hearinqs as directed by city staff and as Bet
forth herein.
'fUE 1.B Eick oU ... UBg; n .. ign Progr_ RatiB".Dt with cit1
staLf an4 GalL a4vi.~ry co .. itt.. (Gael
The consultant team shall meet to refine the scope of the Project,
purpos~# City's long term goals, etc., and to establish a definite
design program statinq the requirements to be met by the proposed
Master Improvement Plans~ Areas and items to be discussed shall
include the following:
A4 Identify the City's Golf Course KQste~ Improvement Plan
Adviso~ committee (GACJ and City staff members and list
thEdr areas of responsibility in connection with the
project.
B. Discuss boundaries, topographic surveys, aerial surveys,
and all available information as to underground
utilities, irriq~tion, dr~inage, etc ..
c. Discuss preliminary Proje~t budqets.
D. Detail the Scope of the Project.
E. Detail the goals and objectiv£ and research and
evaluation necessary for c01:ilpletio .. of the Project~
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RZVISBD SCOPB OP 8BRVICBS
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F. Expl~in the ~ompatibility of the budget, time schedules,
and ove~all scope of the project.
G. Identify Additional/Optional Services ..
PRODUCT a ,
p~ Project Prograa .atin .. ent: A retined Design progr .. tor
the Palo Alto Golf Cour.. ...ter Plan Project vill
auaaari.. qo&11 and objective., bu4qet, scbedule,
••• tillq., rall".l'cb and. evaluation it... &n4 overall
co.patibility ot tb ••• el ... nta. (25 copi •• + 1 ... ter.
XJIl!'l' IlOGa,
Xl ••• t with statt an4 the GAC to review th. ~OQP. ot the
~roj.et, long tar. goall and objective. and other
info.raa tion pre.sete<l in P1 above.. fOb •••• ting will "
att ... Cle4 I>y ,
o ByrOD MCCUlley. AaphloD
o Cbaryl Klllar, AaphioD
o stephe .. 1I&10ey. h.ley Daray Golf
~ABX i.e Ba •• P1&&., EXiating COnditiona, ..... reh and BvaluatioD
aDd. Proqr .. Option ...
Complete research and evaluation t~sks and other program elements
to develop and draw base line plans of existinq elements of the
Palo Alto Municipal Golf Course facility utilizinq existing
information as provided by the City and othar information
researched and developed by the consultant (the Base Plan).
A. Initiate research and initial e val u a t ion t ask s ,
includinq but not limited to those items
identified in Part III-Project Description and
RequirE:mente of the Request for proposal (RFP), dated
Marcn 22,1993, which is attached hereto as Attachment B
and incorporated herein by this reference.
B. Prepare a summary of site opportunities and constraints
in both written and qraphics form on the Base Plan,
identifyinq the problem areas~ includinq environmental
issues, potential options, and other planned or ongoing
projects. Review of jurisdi=tional boundaries and
identification of concerns of agencies beyond the City
that will have an interest in the Proje~t (Army Corps,
BeOC, SCVWD, etc., shall be included in the report.
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RrnSBD seoPB OP SERVICES
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C. Oevelop an understandinq of how the plans r-elate to
existing 5i te elements and he.. they relate to each
other.
o Field check plans and note special features and
conditions.
E. Use the Base Plan to explore various d.esign possibilities
and multiple options and their limitations,
F. Utilize the Base Plan as a basis fer environmental
documentation and analysis of alternatives for the
Project as required by the Calitornie Envi~onmental
Quality Aot (CEQA).
G. Initiate a site investigation to develop preliminary
submittal determination of potential wetlands status
based on vegetation I soils, and hydrology.
1. Map data and develop a preliminary potential wetland
boundary, if applicable, tor use during the
davelopment of the opportunities and constraints.
sUJIlDary.
H, At ~he second City stafr and GAC meeting, the Base Plan
and opportunities and constraints summary will be
presented to city staff and t.be GAC for evaluation.
Review of the findings of the wetland delineation
investigations and determination if a submittal to the
~y Corps of Enqinee~s for formal delineation, as
outlined under Optional Services, is appropriate~ Review
of the research and evaluation report will also taJce
place. staff and committee input will be incorporated
into the Base Plan for use thr-oughout the remaining
process',
pa000C'l'8,
»'2 B ••• Plaa. with epecial f.ature. a.D4i UDu.ual oozuSltion. (1
reproduClible aaater).
p, Dr~t ••• .arch and Evaluation Aeport relatinq to i •• ue.
addr ••• e4 in the app inclu4inq tb. opportuniti.. a~d
Cloastraints 8u.aary (written suaaa.ry: 25 copies + 1
.... t.r; Kap 1 pr ••• ntatioD qrapb1.c +-1 r.producibl.
aa.t.r) .
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JUl'n8lU) SCOPE or SBltVICES
PMI' 4 OP H
Meet wit.h staft and the GAC to re'V'i.¥ the il&se p.lan,
Preliai1l&ry Wetland Delinaatloll, findillgs o~ the
OpportUDiti •• aDd Constraints AD.ly.i.~ and Re ••• r~h and
S9alU&tio~ aeport. ~ •••• ting will be attended by:
o Cheryl Hiller, Aapbio~
o Judy Shanley, D.vid povera
o Stepben Kalaey, Ha.ley Daray Golf
o DaD • tephen., a. '1'. Harvey
7A8Z ~.D Preliainary ... ter Plan Sketch ••
Prepare preliminary Master Plan design drawinqs and sketr:hes,
~onceptual drawings and other documents illustrating the scale and
relationships of the Project components ana potential solutions :for
approval~
A. The consultant team shall eKplor~ multiple options tor
design concepts or solutio~s relative to problem
B.
C.
D.
F.
PJlODD~.:
P~
areas.
Review alternatiVes for environmental considerations to
identify critical conetraints or fatal flaw8~
Prepare preliminary relative CCist matrix of pros and cons
to assist in the decision making process.
Discuss options with City Staff and the GAC; Facilitate
group discussions in a collaborative process to identi~y
the most feasible sQlution,s, as well as the. form and
character of the proposed improvements.
Update information from the draft Research and Initial
Evaluation report.
preliaiaary Kaster Plan sketch •• depictinq the aultipl.
optioDIJ an4 relative pro. &.ZlId con. of •• oh option. Cl
pre.entation qr.phi~ + ~ reproducible ... terJ
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RlrVI8JU> SCOPE OlP 8BRVICBS
PAG! 5 OF 11
ItBB'I'IIIGS.
113 •• et witb city staff .n~ the GAC tD review pralu.inary
Kaster Plan 14 ... and other intoraatioD pr •• ented in 1. D.
~h •••• ting vill b4 attende4 by:
o Cheryl Hiller, Aaphion
o Judy Shanley, Davi4 Powers
o Steph.n Bal •• y, Kal.ey oaray Golf
o n.n stephena, a.T. H&rVey
TASK 1.8 aevised preliainary xastez' Plan
Based on the initial studie~ and research and evalUation report
information, the consultant team shall revise the prel iminary
studies incorporating the best alternatives. The~e alternatives
will be reviewed and discussed ~ith Sta£f and the GAC at Meeting
#4.
nOO1JCT8'
P.5 aevised preli&iDary Kaster Pl&D _It_tcb •• : (1 pr •• utatioD
grapbic + 1 reprD4ucibla ... ter)
XllftI_ •
• 4 ••• t w1th 8t.r~ aDd the GAC to revi .. and discus. the
revise« preliainary .. star Plan.
The consultant shall incorporate the comments from Meeting '4 and
develop presentation drawings for use during this task.
A. Consultant shall make presentations for preliminary
review by the Planning Department.
B. Any revisions to the preliminary Master Plan requested
durinq Task 1.0 , E will be completed and submitted to
City Staff prior to the presantations.
li'IIODDCTB'
Pi Pr ••• Btatiou of the .evise4 preliainary .. ster Plaa to
the Pl&DDlng Departs.at. {1 presentation graphic,
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BBVISBD SCOPS 07 SERVICE8
PIIOE 6 OJ' 11
KB~r.G PRB8BIITlIrrOX:
Planninq oapartaent
by,
•. n p-.
presentatiolls
o Byron KGCUlley, AaphioD
o st.ph.~ 8alsey, .alsey caray Golf
TASK 2 F1NAL PRELIMINARY MASTER PLAN
will
After review by the Planning Department, the consultant shall
prepare the Final prelimin~ry Master Plan which vill inco~rate
the design solution5 and alternatives as outlined in TasK 1, and
will include. the completed Research and Evaluation Report. Task
2~A shall also include.
A. outline specifications and preliminary cost estisr:ates tor
the 501utions.
B. A priority schedule.
C. Materials and methods of constructing the renovations to
provide adequate inforaation about the proposed design
solutions~
PROI)tJC'rS:
P7 Draft 1'11>&1
... terJ
PreHaiD.O.rf lIuter Plall (25 cop i •• + 1
pa a •• .arGh and Evaluation a_port (10D%J (25 Clopi •• + 1.
... t_r)
TASK 2.8 preliiluary EDvlronaentai .ev1 ••
After .eetinq #4 with staff and the GAe, thE::: Final Prelimina.ry
Master Plan ~ill have defined the proposed Master Improvement Plan
so that the consultant can review and complete the environmental
checklist. The preliDi~~ry environmental checklist will follow the
city of Palo Alto's environmental checklist format.
A. The checklist 'Will bf'! used to identify environmental
areas where potentially s;>_9nificant impacts could result
troD the development of the proposed Master Improvement
Plan.
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IlBVISBD 8CO!.'8 OF BERVICBB
JlAGB , OJ' U
B. The checklist will be reviewed with the lead agency
(Planning Department) to identi~y areas of conccrn~
c. Based on these reviews, the consultant shall ascertain
what will be required to develop the Initial Study to
fulfill the requi~ements of CEQA.
»arB: Should any potential impacts be identified for additional
environmental stu~ies to fulfill the requirements of CEQA, which
are outside the Basic Services outlined in this Scope of Services,
such stUdies will be considered optional Additional Services.
PIlODl1C'l'S,
1'9 Bwmary or prelbiDar:y hvirona.ntal aevi." 125 copies +
1. ... ter)
!,ASIt 2.C Ilevi... or oran l'ill&l .ralilliaary Kastar .1 ...
iDclu4ing .ralilliaary BDvirona.Dtal Ileviev.
The consultant teaa shall .eet with city staff and the GAC to
review the Draft Final Preliminary Kaster Plan and preliminary
environmental review~ The consultant shall faeilit~te the ~eetin9
to focus the discussions on the inner relationship between the
design solutions, cost estimates, priority schedule, research and
evaluation report, and the environmental review process to reach a
clear deter.ination of budget and priorities ot the Golf Course
Master Improvement Plan.
KlB'I'ZIIG8 •
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H •• t with staft and the GAC to discuss the ~inal Dr.~t
preliaiDary ... ter Plan. The Deeting vill ~. atten4e4
~Y'
Ch.~l Miller, Aapbio~
JU4J Shanley, o.v14 Po.ers
BtepbeD .al •• 7, Kal.ey Dar.y Golf
DaD Stephen., •• ~. HarV.y
TASK 2.D pr •• eutation ot Pinal preliainary Kaster Plan Phase
The consultant shall prepare presentations of the Final preliminary
Master Plan phase for the Planninq commission, ARB review, and City
council, as well as other appropriate agencies and committees
identified under Task l.C. and as directed by the City staff.
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JU!'UBBtI SCOi'm 0., SBJ/.VICr:s
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IOIBUJIG PRZSJ:JrfATIO)l,
Tb. consultant .hall pr.paz. pr ••• ntation. ~~r the
4eci8ion ..tinq bodi... T .... .abere pr ••• nt will be:
o Byron Mcculley, "pbion
o Stephen Bale." .al.ey De~ay Qolf
TASK 3 DEVEWPMENT OF TIlE MASTER IMPROVEMENT PLAi''i"
TASK 3 .. " .. e ter Iaprovuent Plan SWllUry' aeport
Upon completion and 3pproval of Task 2, a Kaster Improvement Plan
will be prepared. The Master Improvement Plan will be a written
and qraphic report coverinq an overall analysis of each areA, as
well as issues r-elatinq to the preliminary environmental review.
The report will further develop the Final ~eliminary Hast~r Plan
and incorporate the input from the decision making bodie~. Thi6
report, at a minimum, will include the followinq items:
A. The results of the Research and Initial EValuation
Report.
B. Desiqn concepts for aach area of the facility including
the club house, golf shop. pa~y.in9 lot, service 4reas,
cart storage, maintenance facility. and circulation {both
on site pedestrian and cart circulation including food
and qolf shop areas}, and site access and egress by
autos.
c. A hole by hole analysis addressing specific areas of the
golf course including driving range, practice ~acilities
and player staging areas.
D. Outline specification refining identification
materials and construction methods.
E. Updat~d cost estiMates for e~ch area to be improved.
of
F. A final implementation priQrity schedule and phasing plan
to indicate the preferred sequencinq of improvements.
G. Environmental documentation for implementation of the
proposed ~aster I~provement Plan, and/or identification
of additional envir-onme.ntal review necessary to Ifleet CEQA
req'.lirements.
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JtrII'lSSO SCOPS OF BBRVICEs faa: , OF 11
H. Identification or. reviews or permit processes that will
need. t.o .ole undertak.en prior to illl-plementation of the
Master Improvement Plan.
I. Prep~ration and submittal of colored renderinqe ot the
final Master Improvement Plan desiqn solutions suitable
for presentations to committees, staff and the council.
PlUISBII'l'A'I'IOlfS. PLAlOIIJIG COIOlISSIOII, AlUI, CITY COUllC:n.
PRODIlCT8'
PlO .... t.r r~rov_.nt Plan -SlIaa&rJ' aeport (25 cop! ..... one
CUka r_47 ... ter)
Color rltll4erizl.q8 (+ one c ... ra ready ... tar tor p.ri:D.t
reproduction of black aDd wbite plans)
At the direction of the Project Hanager, the consultant team shall
provld.e an aerial Topographic Survey at the Scale of l.tt :..tO' with 1
foot contour intervals and vertical accuracy for spot elevations of
+/-0.25# {National Map Standards). The sur-vey will show tree
canopies, shrub masses, roacways and par~ing areas, power poles,
stors# sanitary and yater lines, flood control levels and existing
structures and fences. Golf Course elements to be shown are green,
tee bo~es# trap&, lakes, cart paths, driving range and any other
ele~r.t$ necessary for the c~pletion of the project~
Inverts of storm and sanitary manholes will be shown base~ on field
survey. Location of underground utilities 'Will be 'based on record
documentation. The surv~y work specifically excludes mechanica~
detection for underqround utilities. The property lines and
ease.ents will be shown based on record data and will no~ be the
result o~ fiel~ survey.
'RODDCTt Mylar pets ot .urvey at 1."=40' .c;::al. «approxiaately ,
all •• ta)
TWO (2) color pbotoa at lU=200' scal.
oa. (1) 100 scale plot
coaputer 4iak. ot survey
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RBVZSBn SCOPB OP SERVICZS
PAGB 10 OP 11
2~ Additional BDvirona.ntal service.
a. JpbMittal of prelt-ipary •• tlalld Boupdaries for Pormal
Corp' or Enain •• ra' Delin •• tion.
After meeting #2 where the consultant team presents findinqs
of the preliminary wetland delineation, the City may choose to
authorize the formal submittal of this information to the Corps of
Enqineers. The final steps of the delineation include preparation
of the submittal package and a site visit ~ith the corps to verify
ths H.T. Harvey field work. The ';orps will maXe the final
delineation.
b. EDviron.ehta1 Iapact A8~ •• 8 •• nt (I~iti.l S~
Following the consultant's preparation of the prelimina.ry
environmental review under TaSK 2B Of this Scope of services, if a
categorical exemption is not viable, t.he City may authorize
preparation of an Initial study AS aefined by the California
Environmental Quality Act (CEQA).
The Initial stuay shall include all the required elements as
set forth under CEOA (includinq the CEQA Guidelines). rt shall
address the relevan't. backqro-und infor»:ation on the golf course,.
proposed elements and details as well ali alternatives explored,
existing environaental setting, and potential impacts that may
result from implementation of the Master Improvement Plan~
Mitigation measures shall be identified to mitigate impacts to a
non-siqniticant level ..,here po65ible~ If any impacts cannot be
lII!itiqated to a non-siqnificant level, and Environmental Impact
Report (-EIR") may be rcqyired prior to any decision to implement
the Master Improvement Plan~ Prepa~ation of an EIR is not included
uncier this Scope of Services.
The Initial Study shall include the City of Palo Alto's
enviror.IAental checklist form. The checklist shall be used to
identity potentially signifi~ant impacts resulting from the
implementation of the Master Improvement Plan~ Discussion of the
significant potential enviror~ental effects and appropriate
environmental analysis shall include, but not be limited to,
arainaqe and flooding, veqetation and wildlife, hazardous ~astes,
visual resources, water quality, geolcgy, cultural -resources,
public services and utilities issues.
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I1JIVISl!D scon 01' SI!RVICBS
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At the airection of the Project Manager r the consultant shall
prepare the Draft Initial Study and submit twenty-five {2S) copies
to City Staff for review and comment. Prior to fina:lizing the
Initial study, the consultant shall meet ~ith city staff and the
CAe to discuss. any outstanding concerns or requested revisions ~
The final Initi~l Study shall l>e pr-epared by incorporatinq any
comments received. The consultant 'Will then submit ten (10) copies
of the Initial Study to t~e city,
Members of the consultant's team shall be available to attend
one (1) public hearinq and prepare an oral presentation about the
Initial Study, if requested by the project Manaqer. This public
hearing may be incorporated into the presentations to the
commissions and t~e city Council during Task 20 nereof, if
requested by the Project Manager. The consultant shall incorporate
any comments on the Initial Study received during the public
hearing(s) into the final Initial Study.
PRODUCTS. ~ini8t~.tioa Draft Initial Study (as copie.1
xaitial 8~udy (10 copi •• + one caa.r. r.ady original)
3. ADDZ'UOIIIM. JIBB'l'IIIGS OR pus_nolls -TV<> (Z I "ith tbe
caC.
This Scope of services identifies five (5) city staff/GAC meetings
and four (4) presentations. Should the Projsr.t require additional
City staff/GAC meetings, or formal presentations, the city may
request tllem. An allowance has been established under the
Additional Optional services for two (2) additional meetings and
assumes that the meetings will utilize previously prepared
presentation materials prepared under the products defined under
the Scope of Services.
4. ADDITIONAL IRRIGATiON CONSULTATION
The Scope of Services assumes the installation of a complete new
irrigation system. Should the Project Manager request additional
!rriqation Consultation to discuss options. such as retrofitting the
existinq irrigation sY5tem or upgrading portions of the existing
syst1i!llt, an allowance has been established for this type of
consultation under Additional optional Servioes.
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A.nachment B -Fee by Task '014193 Page,
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DEAi.EV, RE"1'(IoI. Inoc.
100 0.. St ro .. t
'.C ... ,. IUl$
c.."ft~, CA 14504-1615
510-4f1i-~08D
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EXPlAi.tION OA TE" TJ-ElIeOF. HE ~ C()IIoIPANV wU cta:
101M... 3 CI O"'l'SW'M TEI\jNC! I CE TO rl£a=ATA:;:d( ~N.lh£OTO THE
lEFl-:-e;Tr t: JIIE 18 WU: S'tIeII 'ElT&:" Att' f'8se: lolI3 BBlfiI '18.4 ~
C4*t:i',er.,,..~.eIdf601IEeall' ",ifl eaiteeAhEr EIiEIt If'i'i
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PART If -SUPPLEMENTS TO PROPOSAL FORMS SECTION 00410
CERTfFICA nON OF NONDISCRIMfNA nON
Certification of Nondls-criminatton· As suppliers of goods or services to the City of
Para Atto. the firm and individuals fisted below certifies that tney co r;ot dis~r;rninate
in employment with regards to race, color, religion, nations I origin or ancestryl or
disabillty: that they are in compliance with all Fede(al~ State and local directives and
ex.ecutive orders regarding nondiscrimination in employment; and that they agree to
demonstrate positively and aggressivery the principle of eQual opportunity in
employment.
The Propose r a grees specificany~
1.0 To establish or observe employment policies which affirmative~ promote
opportunities for minority persons at all job levels.
2.0 To communicate this policy to an ,persons concerned. including ali
emplovees, outside recruiting serv1ces. especiafiy those serving minority
communlties, and to the minority communities at large.
3.0 To take affirmative action s.teps to hire minority employees within the
organization.
4.0 To b<I knowledgeable of the local, state. and federal laws and regulations
concerning affirmative action pOficies and provide opportunities for
employees.
Firm: AmphioIl Environroen"t.al, Inc.
Title of Officer Signfng:...1.y"i;".u:P:..:r:O'>"l..i dllJ.II"l.lt'-______ _
Signature (. r \:1.\ <.-~
Date April 26, 2993 ----+
Please include any additional information available regarding equat opportunity
employment prog!ams now in effect within your company.
END OF SECTION
CITY of PALO All 0: Non4isc;riminatkm 11/92) SECTION 00410-1
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PROPBSSIONAL
BEtWEEN "l'D
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lUL1L.L l! II " N l'
POR
BNGINBBItING CONSl7LTlWT SBJtVICBS
CITY OP PALO ALTO AND AIIlPilION
DlVIRmomNTAL, nrc.
THIS AGREEMENT is made and entered into this dav of
• 1993, by and boatween the CITY OF P~ALTO. a
:mu::-:n"i'-c=,"pa::::"l-::c"'o"r=poration of California, hereinafter referred to as
"CITY, IP and AMPHION Eh-V:IRONMENTAL. INC. (Taxpayer Identification
No. 942972872), a Calj fornia corporation.. with offices at 1330
Broadway. Suite 300, Oakland. CA, 94512; hereinafter referred tc as
"CONSULTANT" ;
ILl T Jl B S S Ii: TnJl:
fII,'HERBAS. CITY desires certain professional consultant
services for preparation of a golf course master improvement plan
as hereir~fter described; and
WHEREAS, CITY desires to engage CONSULTANT to provide
these services by reason of its qualifications and experience for
performing such services ~ and CONSULTANT has offered to provide the
required services on the terms and in the manner Bet forth herein;
NOW, THEREFORE, in consideration of their mutual
covenants, the parties hereto agree as follows:
SECTION .1 DEFINITIONS
1.1 un:
The term "City· shall mean the City of Palo Alto,
California.
1.2 CITY Ml\NAGER
The tenn "City Manager~ shall mean the duly appointed
City Manager of the City of Palo Alto, California, or his or her
designated representative.
1.3 CITY CLERK
The term ·City Clerk" shall mean the duly appcinted City
Clerk of the City of Palo Alto, California, or his or her
designated representative.
]. . 4 RISK MANAGER
The term "Risk Manager ft shall mean the duly appointed
Risk Manager of the City of Palo Alto r CalifcI~iai or his or her
designated representative.
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1.5 ERNS.Cf
The term ·Project-shall mean the services describeo in
Exhibit -A-entitled -Scope of Services," attached hereto and made
a part hereof by this reference.
SECTION 2 PROJECT COORDINATION
2.1 UTI
The City Manager shall be representative of CITY' for all
purposes under this Agreement. Paul Dias, Director of Parks and
Golf, is designated as the Project Manager for the City Manager i
and he shall supervise the progress and execution of this
Agreement, and shall be assisted by Krystyna Stadnix r Public Works
Bngineer.
2.2 CONSULTMIT
CONSULTANT shall assign a single Project Direr:tor to have
overall responsibility for the progress and execution of this
Agreement for CONSULTANr. B. Byron McCuller hereby is deSignated
as the Project Director for CONSULTANT. Cheryl Miller shall be
assigned as Project Coordinator for CONSULTANT and shall represent
CONSULTANT during the day· to-day work on the project. Should
circumstances or conditio!ls subsequent to the execution of this
Agreement require a substitute Project Director or Project
Coordinator for any reason the project Director Or project
Coordinator designee shall be subject to the prior written approval
of the Project Manager.
SECTION 3 -SCOPE OF PRQJ~
The scope of the Project to be executed by CONst~TANT
under the phases of the Basic Services d~scrihed in Section 4.1 of
this Agreement, and the time schedule for the Project. are
described in Exhibit A.
SBCTION 4 -DUTIES OF CONSULTANT
Unless otherwise indicated, CONSULTANT shall perform each
task and accomplish each objective described in Exhibit A.
CO!iSULTANT~ s Basic Services shall be furnished as described in
Exhibit A.
4.2 ADDITIONAl. OPTIONl\L S;;:RVICEl1
CONSULTANT shall perform or obtain any and all of the
following additional services, not included under the Basic
Services, if so authorized in writing by CITY. and shall be paid as
provided in Section 6 of this Agreement:
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4.2.1 P:-o\rlding services as an expert witness in
connection with any public hearing, arbitration proceeding, or
proceeding of a court of record.
4,2.2
for CONSULTANT and its
the Basic Se~vices.
Incurring travel and subsistence expenses
staff beyond those normally required under
4~2.3 Performing any other services that may be
agreed upon by the parties subsequent to the execution of this
Agreement.
4~2.4 Perfonning such other additional optional
services as set forth in Exhibit A.
4.3 GENERAL DUTIES OF CO~
4.3.1 CONSULTANT represents that it has the
expertise and professior..al qual i fications to furnisil the services
described under this Agreement. CONSULTANT further declares that
one or more members or p...mployees of its firm and that of it.s
subconsultants, if any, are licensed by the State of California to
perform their services and that these Be~ices will be perfot."'t'!\ed by
them or under their supervision. CONSULTANT shall furnish to CITY
for approval~ prior to execution of this Agreement~ a list of all
firms or corporations to be ~loyed as stibconsultants.
4.3.2 CONSULTAN'1' states that it is aware of the
requi"tements of the federal Americans with Disabilities Act of
1990. and the Government Code anc the Heal th and Safety Code of the
State of California. relating to access to public buildings and
accommodations for disabled persons. and relating to facilities for
disabled persons. CONSULT.N'IT shall comply with su.o:h proviSions in
carrying out the terms of this Agreement~
4.3.3 CONSULTANf shall furnish CI1~ with every
reasonable opportunity for CITY to ascertain that the services of
CONSULTANT are being performed in accordance with the requirements
and intentions of this Agr€e~nt.
SECTION 5 -DUTIES OF CITY
5.1 CITY shall provide full information regarding its
requirements for the project~
5. 2 CITY shall examine docwnents submitted by CONSULTANT
and shall render decisions pertaining thereto prornptlYJ to avoid
unreasonable delay in the progr~ss of CONSULT~'~ work.
5.3 CITY shall make available for CONSULTANT's revie~
such pertinent information and data concerning CITY's golf course
as are in CITY's files or are at its disposal. upon the reasonable
request of CONSULT~7 and with reasonable prior notice thereof.
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5.4 If CITi observes or otherwise
fault OT. defect in the Project, CIT'f shall
notice thereof to CONSULTANT.
becomes aware of any
gi ve prompt lrIri t ten
5.5 CITY shall fuznish available information requesLed
by CONSULTANT as expeditiously as possible.
SECTION E -fAYMEljT
Payment shall be made by ClTY only for services rendered
and within thirty {30) days of submission in triplicatE of monthly
progress payment ~eque6ts as set forth in paragraph 6.2.1 hereof.
Each invoice shall be itemized as to the t}~e of payment described
in this section.
6 . 1 CONSULTANT' S FBBS
In consideration for the full perforrnan~e of the Basic
Services and reimbursable expenses described in Section 4.1 of this
Agreement, CITY agrees to pay CONSULTANT a fee not to exceed One
Hundred and Seven Thousand Eigh~ Hundred Eighty Dollars ($107,880).
The amount. of CONSULTM'i" s compensation shall be
calculated as Bet forth in Exhibit -Sd, entitled -Fee Schedule by
Task,· attached hereto and made a part hereof by this reference, on
a time and materials basis .. up to the maximum amounts set forth in
this Section 5.
6.1.1 SubcQnsll..lt_~. Fees for subconsul tants.
hired directly by CONSULTA1~; shall be approved by CITY in adv~nce
of incurring such fees.
6.1.2 For Additional OptiDnal Serv~. For
CONSULTANT's additional optional services, as described in section
4.2.' of this Agreement. compensation shall be as prescribed in
Exhibit B, but shall not exceed Fifty One Thousand Dollars
{$51;OOO}. The rate schedules under EXhibit B shall be updated on
January 1 of each year.
6.1.3 For Exhra Work or Cnanges. Pa~ent for
ext~a work or changes in the work not initiated by CONSULTANT and
authorized in writing by the project. Manager shall be made within
t.hirty {30) days of submission by CONSULTANT of a statement in
triplicate of itemized costs covering such werle Prior 1:0
commencing such extra work or changes; CONSULTANT and CITY shall
agree upon an estimated not~to-exceed cost for such extra wor~. In
no evenC shall CONSULTANT be paid for design work or change order
preparation which is necessarj because of CONSULTAh~'s errors or
oversights.
6.1~4 CalculatiQn of pirect Personnel i~nse.
Direct personnel expense of employees engaged on the Project by
CONSULTANT shall include only the work of architects, ensinee~g.
designers, job captains; draftspersons and typi6t8~ in
consultation, research and design, in producing drawingf=-.
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specifications and other ~ocurnent9 pertaining tc the Proje::-t.
Included in tbe cost of direct personnel expense of thes~ employees
are salariEs and mandatory and customary benefi ts such as statutory
employee benefits, insurance, sick leave, holidays and vacations,
pensions and similar benefits.
6.2 PAYMENT SCHEDULE
6.2.1 Method of Uyn",~. CONSULTANT's
compensation hereunder shall be baaed upon the percentage of work
completed on a pha9~-by~phaBe basis as per the task descriptions
and associated fees outlined in Exhibit E. CONSULTANT shall be
paid mont.hly ..... it.hin thirty (3Q l days of a.pproval by CITY of
CONS~~TANT's monthly billing invoices. Each invoice shall include
the billing amount for the preceding P\Onth:. the percentage of work
c'OI'I1.pleted for each task billed in t.he preceding month, a cumulative
listing of a.ll past billings to date on a task· by~ task and
percentage camp] eted baSis. and an authori zed CONSIJLTANT signature.
Direct Expenses shall be itemized each month and billed at actual
cast ti.mes ~. ~S, provided that in no event ahall tot.al payment
under this Agreement exceed those amounts set forth undez
paragraphs 6.1 and 6.1.2 hereof.
6.2.2 For Basic Services. Pa.yments for the
Basic Services shall be made in progress payments in proportion to
services perfo~ed in accordance with Exhibit B and as set forth in
paragraph 6,2.1.
Final payment shall :be made by CITY after CONSULTANT has
submitted all required products arid reports. completed
presentations, and received approval thereon from CITY.
6.2.3 c,~~~~~~t;~~f(~~~~n:~~~~~~d Payments for additional as
in Section 4 shall be made a~ part of t~e monthly progress payrne~ts
for services rendered.
E.2.4. De.du_~..i..2rui. No deductions shall be made
from CONSULTANT's compensation on account of penalty. liquidated
damages, or other sums withheld from payments to aubconsultants O~
contractors.
6.2..5 Payment Upon Suspension or Ahandonment-2!
project. If the Project is 9uspended for more than three (3)
months or abandoned in Whole or in part, CONSL~TANT shall be paid
its compensation for services performed prior to receipt of written
notice from CITY of such suspension or abandonment; together with
additional and reimbursable expenses then due. If the Project is
resumed after being suspended for more than three (3) months, any
change in CONSt~TANT's compensation shall be subject to renegotia·
tion and, if necessary, approval by the Palo Alto City Council (the
·City Council·}. If this Agreement is suspended or terminated for
fault of CONSULTANT, CITY shall be Obligated to compensate
CONSULTANT only for that portion of CONSULTANT's senrices which are
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of benefit to CITY, as such determination may be m3de by the City
Manager in the reasonable ex~~cise ot his or her discretion.
SECTION 7 -PBQGRESS AND COMPLETION
J • 1 TERM OF AGREl:MEN1' ; TIME ~S OF THE ESS~~CE
The term of this Agreen>.ent shall commence upon its
execution by CITY_Following receipt of a Notice to P.I"Oceed,
CONSULTANT shall commence vork on initial tasks under Exhibi~ A in
accordance with the time schedule Bet forth in Exhibit A_ Work on
subsequent tasks shall proceed in accor~ance with the time
schedule. The parties hereto agree that time is of the essence of
tt-.. is Agreement. This Agreement shall terminate on or befort!
December ~1, 1993.
7.2 T;ME OF coMfLRTION.0E-iACH PHAS~
CONSULTANT agrees to perform the phased services within
the time limits set (orth in Exhibit A provid~d. however, that any
change in the scope of services or other cha.-rJges due to CITY's
operating requirements. or in connection with other con.tract.ors· or
consultants' cperatioIliJ, ma.y require a. revised time table.
CITY agrees co exercise due diligence in p~rforming its
tasks to implement. CONSULTAb."T's time table provided under Exhibit.
A.
7.3 ~'S REVIEW AND APPROVAL
Between each phase of work there shall exist a review and
approval period by CIr.e CrTY shall exercise due diligence to
complete these tasks; bowever, it is recognized that the
interrelated exchange of infonr.ation among CITY's various
departments ~~ke~ it impossible to set a specifiC time schedule.
Normally. CITY' Best imat.ed period of revie'W and approval 'Will be
furnished to CONSULTANT at the time of submission of each phase of
the work.
7.4 EXTENSION Of TIME_.Qf'. COMrLETIOP
In the event the services called for under this Agreement
are not completed by CONSULTANT within the time Epecified, CITY
shall have the option to extend the time of cornplet ion. This
paragraph does not preclude the recover)" of damages for delay of
either party.
SECTION B -CHANGES IN WORK
CITY may order maj or changes in scope or Character of
work. either decreasing or increasing the amount of CONSULTANT's
services. In the event that such changes are ordered. CONSULTANT
shall be entitled to full compensation for all work perfor.med prior
to receipt of notice of change. Increased compensation for major
changes shall be deter.mined in accordance with Section 6 of the
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Agreement, but in no event shall CITY be liable for payment unless
the amount of such extra compensation shall first have beeG agreed
to in writing by CITY.
In the event that U'.ajar changes are ordered pursuant to
t.his section, the schedule for progress and completion under
Section 7 of this Agreement. Rnd compensaticn under Section 6 of
this Agreement, shall be adjusted by negotiation betwoeen CONSULTANT
and CITY, subject to approval if necessary by the City Council.
SECTION 9 ~ TERMINATION QR--ID}SPENSION OF AGREEMENT
9 • 1 CANCELLATION BY CONSULTANT
CONSULTANT may terminate this Agreement or suspend work
on the project by providing thirty (JoO} days' written notice
thereof to CITY, but only in the event of substantial failure of
performance by CITY or in the event CITY abandons or indefini~ely
postpones the project.
9.2 CANCELLATION BY CITY
Without limitation to such righ~s or remedies as CITY
shall otherwise have by law, CITY may te~nate this Agreement or
suspend work on the Project with Or without Cause, by providing
fifteen (~S) days' written notice thereof to CONSULTANT~ or
immediately after submission to CITY :by CONSULTANT of any complet.ed
item of service specified in Section 4 of this Agreement.
CONStn.TANT agrees to cease all work under this Agreement. upo.c
receipt of said written notice.
9. 3 ~OMPENSATIQN OF CONSULTANT IN THE EVENT_n--.m:
TERMINATION QF THIS AG&EE.MmIT
In the event of termination ~f this Agreement or
suspensioc of work on the Project by either CITY or CONSULTAh~ as
provided herein, CONSULTP.NT shall receive compensation as follows:
9.3" 1. For approved items of service under
Section 4 of tIds Agreement, c.ompensation shall be in the amount
outlined under Section 6 of this Agreement for the items of service
fully performed by CONSULTANT.
9~3.2 For items of service on which a Notice to
Proceed has been issued by CITY. but which have not been fully
completed and approved, CONSULTANT shall be compensated for the
service in an amount which bears the same ratio to the total fee
otherwise payable for the performance of the service as the service
actually rendel"ed bears to the total sezvice necessary for the full
performance of the item of service.
9~3.3 In no event shall the total compensation
paid in the immediately preceding paragraphs exceed the payment
specified in Section 6 for the respective items vf service to be
furnished by CONSULTANT.
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9 . .3.4 Notwithstanding anj'thlng in the preceding
paragraphs; upon termination for fault af CONSULTANT. CITY shall be
obligated to pay for o~ly that portion of the service which can be
incorpo~ated in the Project.
9.4 DlITIBS OF CITY A..'iD COnSUL'fA."IT
Upon teI1"okination of this ltgreemellt or aUflpension of work
on the Project by eit.her CITY or CONSULTANT a!9 provided he:t."eln, all
duties of C!TY and CONSULTANT, as set forth in Sections 4 and 5
hel:einabovei shQ.ll terminate.
SECTION l.Q.. -CONSULTANT'S A.CCm,lNTING f?ECO~
Reccrds of the following expenses pertaining to the
Project shall be kept by CONSUl,TANT in accordance with generally
recognized accounting principles and shall be made available to
CITY at mutually convenient times during the term of this Agreement
dnd for three (3) years following the tetmination of this
Agreement:
(a) Direct personnel expenses, includi~g consultant
expenses. (See Section 6 of this Agreement.)
(1:1) Expenses pertaining to Additiop..al Optional Services.
(See Section 6 of this Agreement.)
SBCTION 1J -OWNERSHIP OF DOCUMENTS
11. 1 OWNERSHIP OF ORI(;JNbL DOCllMENTS
Subject to the provisions of Paragraph 11.2 below, the
original drawings, maps, plans, designs~ records of survey, work
data, specifications. and aoy other documents prepared by
CONSULTANT in the performance of this Agreement, although inst~~·
ments of profeEisional service, are and aha_ll be the property of
CITY whether che Project for which they are made is executed or
nct.
11.2 TAANSFER TO CI'nr
Upon termination under section 9 of this Agreement and
upon CITY's payment of the amount required to be paid under same
section, the originals and all drawings, calculations,
speCifications and any similar documents shall become the property
of CITY, and CONSULTANT shall transfer them to CITY. upon request,
W"ithout additional compensation. CITY shall have the right to
utilize any completed or uncompleted drawings, estiIr.a.tes,
speCifications, and any othe:c documents prepared hereunder by
CONSULTANT .
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SBa'ION 12
INDBPENDENT OF CITY
INTEREST OF CONSULTANT; CONS.llit.IAt£I
In accepting this Agreement. CONSULTAN1' covenants that it
present.ly has no interest~ ana shall not acquire any interest,
direct or indirect, financial or otherwise. yhich would cor-flict in
any manner or degree with the performance of the services here
under. CONSULTANT further covenants that, in the per!ovmance of
this Agreement, no subcontractor OC person having such CL~ interest
shall be employed. CONSu~TANT certifies that aD one who has or
will have any financial interest under this Agreement is an officer
or employee of CITY.
It is expressly agreed that in the performance of the
professional services required under this Agreement CONSULTruIT. and
any of its subconsu) tants or emplcyees. shall at all times be
considered independent contractors and noe agents or employees of
CITY.
SBCTION 13 -QUTSIDE CQNSULT~
CONSULTANT shall be responsible for e:tlploying all outside
consultants (subconeultants) necessary to aid CONSULTANT in the
performance of the services listed in Section 4 of this Agreement;
provided z however, that all such sUbconsultants shall receive prior
approval of CrTY in writing and shall remain acceptable to CITY
during the term of this Agreement.
~CTIQN 14 -lNDllMNITY
CONSULTANT agrees to protect. indemnify, defend and hold
harttaess CITY. its council memDers. officers. agents and employees
from a.ny and all demands. claims. or ~iability of any nature,
including death or injury to any person. property damage or any
other 10B9. ca~sed by or arising out of CONSULTANT~S. ite
officers'. agents' ~ subccntractors' or employees' negligent acts,
errors, or omissions, or willful misconduct. or conduct for which
the law may impose strict liability on CONS~~Tk~ in the
performance of or failu.re to perfo-::m its obligat.ions under this:
Agre~nt.
SECTION ~5 -IN~~
15 . 1 INSURANCE COVEFAr.ll1
CONSULTANT. at its sale cost and expense~ shall obtain
and maintain, in full force anj effect throughout th~ entire term
of this Agreement~ the insurance coverage described in Exhibit ·CN
to this Ag=eement. attached hereto and made a part hereof by this
reterence~ insuring not only CONSULTANT and its subcontractors. if
aLY, but a.lso. with the ex.ception of wor:Xers' compensation,
employer~s liability and professional liability insurance. naming
as additional insured~ CITY I its Council members~ officers. agents
and employees, and each of them, concerning this Agreement and the
Project~
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All insurance coverage requ.ired hereunder shall be
provided through carriers with a Best rating of A:X or highe= that
are admitted to do business in t~e State of California. Any and
all subcontractors and subconsultaf"!!:s of CONSULTANT under this
Agl:'eement shall obtain a.."1d mainr,ain, in full force and effect
throughout the cerm of this Agreement. identical insurance
coverage, with C!TY nffmed as additional insured und~r such policjes
as required above.
Certificates of such insurance, preferably on the forms
provided by CITY, shall be filed with CIT¥ concurrently with the
execution of this Agreement. The certificates shall be subject to
the approval of the Risk V~nager and shall contain an endorsement
stating that the insurance is primary coverage and 'Will not be
cancelled or altered by the insurer except after filing with the
City Clerk thirty (30) days' prior written notice of such
cancellation or alteration. and that the City of Palo Alto is named
as an additional insured except in policies of workers'
compensation, employer's liability, and professional liability
insurance. CUrrent certificates of such insurance shall be kept on
file at all times during the term of this Agreement with t~e City
ClerK.
15.3 NO I,IMIT OF LIABILITY
The procuring of such required policy or policies of
insurance shall not be constr~ed to limit CONSULTANT's liability
hereunder nor to fulfill the indemnification provision and
requirements of this Agrei"JI"oent under Se;ction 14 hereof.
Notwithstanding said policy or policies of insurance, CONTRACTOR
shall be obligated for the f~J.ll and total amount of any danage,
injury~ or loss caused by the services performed under thie
Agreement, including a.fter the Agreemeot has terminat.ed or expired.
SECTION 16 -. WORKERS' CQMPE.NSATlQN
CONSULTANT. by executing this Agreement r certifies that
it is aware of the previsions of the Labor Code of the State of
California ",,·hich require every employer to be insured against
liability for workers' compensation or t~ undertake self-insurance
in accordance with the proviBio!h~ of that Code, and certifies that
it will comply with such provisions before commencing the
perf~rmance of the work under this Agreement.
SECTION 17. -AUDITS
CONSULTANT agrees to permit CITY to audit, at any
reasonable time during the term of this Agree."l1ent and for three (J ,l
years thereafter, CONSULTANT's records pertaining to matters
covered by this Agreement. CONSu~TANT further agrees to maintain
such records for at least three (3) years after the termination of
this Agreement.
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SECTION U -AClRrulMENT BIN!JING
The tenmE 1 covenants, and conditions of this Agreement
sha11 apply to. and shall bind. the heirs, successors, exacutore.
~drninistrators, assigDs, and subcontractors. as the case ~~y be, of
both parties.
SBC'rION __ 19 -NQNASSIGNABILITY
19.1 PERSONAL SERVICES OF CQNSt~TANT
~th parties hereto recognize that this Agreement is for
the personal services of CONS'LTLTAN'r and cannot be transferred I
assigned or subcontracted by CONSULTANT without the prior written
consent. of CITY.
19.2 SERVICES OF Su13CQN~TANT AND THEIR EMPLQYEES
CONSt.'LTA.."IT shall be responsible for employing n~ engaging
all persons necessary t.o perform the services of CONSULTANT
hereunder. No subconsultant of CONSULTANT ~ill be recognized by
CITY as suchj rather, all subcocsultants are de~med to be employees
of CONSUL~ANT, and it agrees to be responsible for their
performance. CONSULTANT shall give its personal attention co the
fulfillment of th~ provisions of this Agreement by al.l of its
employees and Gub-consultan.ts, if any: and shall keep ~he work
under its contrOl. If any employee or silbconsultant of CONSULTANT
fails or refuses to carry out the provisions of this Agreement or
appears to be incompetent or to act in a disorderly or improper
manner, he or she shall be discharged immediately fram the York
under this Agreement on demand of CITY.
SECTION 20 -RELIANCE' UPON PRQFESSIQN.AL __ ~ICILL OF
CONSIJLTANT
It is mutually understood and agreed by and between the
parties hereto that CONSULTANT is skilled in the professional
calling necessary to perform the work agreed to be cone hereunder
and that CITY relies upon the skill of CONSULTANT to do and perform
the work in the most skillful manner, and CONSULTANT agrees to thus
perforll'l t.he work. The acceptance of CONSULTANT' B work by CITY docs
not operate as a release of CONSULTJLVT frum the obligation.
SECTION 21 . WAIVERS
The waiver by either party of any breach or violation of
any term, covenant., or condition of this Agreement or of any
provisions of any ordinance or la ..... shall not be deemed to be a
waiver of any such term~ coveoant~ condition, ordinance, or law or
of any subsequent breach or violation of the s~e or of any other
term, covenant, condition, ordinance or law. 1'he subsequent
acceptance by either party of any fee or other money which may
become due hereunder shall not be deemed to be a waiver of any
preceding brench or violation by t.he other party of any t-erm.,
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covenant, or condition ot this Agreement or of any applicable law
or ordinance.
,'g;CT!QN 22 -NO IMl'LIEP WAIVER
NO payment, partial payment .. acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CI1~ of
any of its rights under this A9reem~nt.
SECTION 23 -COSTS AND AITORNEYS f .£.EES
The prevailing party in any action brought to enforce the
terms of this AgreeIrll::!nt. or arising out of this Agreement may
recover ita reasonable costs and attol:'neys' fees expended iO
connection with Such Em 3-ction from the ot.her party.
SECTTON 24 NONDISCRIMINATION-__ ~g~
:2 4.1 DUTY OF CONSULTAN':C
No ·discrimination shall be made in the emplc .. yment of
persona: under this Agreement because of the age, race, color,
national origin. ancestry, religion, disability. sexual preference
or sex of such person. If the value of this Agreement is, or may
be. Five Thous~A Dollars ($5.000) or more, CONSULTANT agrees to
meet all requirements of the Palo Alto MUniCipal Code pertaining to
nondiscrimination in employment. including: completing the
·Compliance Report--NondiBcrimination Provisions of City of Palo
~to Contracts-on the fonn furnished by CITY, attached hereto as
Exhibit -D-and made a part hereof by this reference.
CONSULTANT agrees that each agreement fO:t-serl"ices from
independent providers shall contain a provision substantially as
follows:
~Provider shall provide CONSULTANT with a
certificate stating that he (or ahel is
currently in compliance "With all Federal and
Sta~e of California laws covering
nondiscrimination in employment; that he (or
she} will p1..lrsue an affirmat.ive course of
action as required by the Affirmative Action
~~idelines of the City vf Palo ~to; and that
he (or-she) will not discriminate in the
employment of any person under this contract
because of the age, race, color, national
origin~ ancestry, religion, disability, sexual
preference or sex of such person. ~
24.2 PIlNALTY...!'QR DISCRIMINATION
It CONSULTANT is found in violation of the
nondiscrimination provisions of the State af California Fair
Employment Practices Act or similar provisions of federal law or
executive order in the performance of this Agreement, it shall
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thereby be found in n~terial breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend this Agreement, in
whole o!:' in part, or to deduct from t1"le amoi.mt pa.vable to
CON.'SULTAIn' the sum of Twenty·Pive Dollars ($2S} for each person for
each .:al.endar day during which such person was discriminated
against, as damages for said breach of contract. or both. Only a
finding of the State of California Fair Employment Practices
COIm'tission or the equ.ivalent federal agency-or officer shall
constitute evidence of a violation of contract under this section .
If CONSULTANT i8 found in viclation of the
nondiscrimination provisions of this Agreement or the applicable
affir.mative action ~~ideliDes pertaining to this Agreement~
CONSUJ .. TANT shall be found in material br~ach of this Agreement..
Thereupon/ CITY sr..all have the power to cancel or suspend this
Agreement. in whole or in part. or to deduct from the amount
payable to CONSULT~~ the sum of Two Hundred Fifty Dollars ($250)
for each calendar day during which CONSULTANT is found to have been
in such noncCDlpliance as damages for breach of contract, or both.
SECTION 2S -ARBITRATION
Upen agreement of the parties any controversy or claim
arising out of or relating to this Agl.·eement lI"ay be settled by
arbitration in accordance with the R~les of the American
Arbitration Association, and judgment upcn the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
SECTION 2F: -NO'l'ICES
All notices ~ereunder shall be given in writing ar.:.d
mailed, postage prepaid. by certified mail~ addressed as follows:
To crTY: Office of the City Clerk
Post Office Box 10250
Palo Alto, CA 94~03
To CONSULTANT: Attenticn of the Project Director
at the address of CONSULT~~ recited above
~ION 27 -ALL CQ.VEl!ANTS ARE CONDITIONS
All prOVisions ot this Agreement are expressly !nade
conditions.
~_2B AGRBEMEfIT CONTAINS ALL ____ ~~8RSTANDINGS;
This document represents the Entire and integrated
agreemen:: between CITY and CONSULTANT and supersedes all prior
negotiations. representations, and agreements. either written or
oral.
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This document may be a..'"t'iended only by written instr-.lITlent.
signed by both CITY and CONSULTANT.
SECTION 30 -GQVERNING_~
This Agreement shall be governed by the laws of the State
of California.
IN WITNESS WHERBOF .. the parties hereto have executed this
Agreement the day and year first above written.
ATTEST: CITY OF PALO ALTO
City Clerk Mayor -------------------------
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED: Al4PHION EI>'VIRONMENTAL. INC.
City Manager
Director of Pinance
Director of Community Services
Risk Manage r
Director of Parks and Go~l~f~---
At tachments :
EXHIBIT "'A":
EXHIBIT "'B":
ElOl.lBIT "'e":
EXHIBIT 10":
SCOPE OF PROJECT & TIME SCHEDULE
FEE SCHEDULE BY TASK
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
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