Subject:            TUERS-CAPITOL GOLF COURSE PROJECT – CONSULTANT AGREEMENT AMENDMENT

 

COUNCIL DISTRICT:    7

 

 

REASON FOR ADDENDUM

 

The agreement amendment is necessary so that construction management services for the golf course project may continue without interruption.  Funding for this amendment was included in the additional appropriation authorized by the City Council on June 5, 2001.

 

RECOMMENDATION

 

Approval of an amendment to the agreement for consultant services with Heinbuch Golf, LLC to continue providing construction management services for the Tuers-Capitol Golf Course Project, increasing compensation by $200,000 for a total maximum compensation of $725,000.

 

BACKGROUND

 

The Tuers-Capitol Golf Course Project is currently under construction and when completed, will consist of an 18-hole golf course, clubhouse and pro shop, driving range, parking area and maintenance facility.  The project site is adjacent to Coyote Creek and is bounded by Tuers Road to the east, Capitol Expressway to the south, Lone Bluff Way to the west, and Stonegate Park and PG&E property to the north (map attached).  The estimated completion date of construction is September, 2001.

 

On September 7, 2000, the City entered into an agreement with Gary Heinbuch, doing business as Heinbuch Golf Construction, to provide construction management services for the golf course project.  The scope of services includes providing full-time, on-site staff to manage the construction of the project.  The total compensation of the agreement is $525,000.  Some of the tasks the consultant performs include coordinating responses to correspondence, monitoring the construction progress, documenting construction meetings, and working with City staff and the contractor to ensure that the project is constructed in accordance with the approved construction documents.

 

On June 5, 2001, the City Council approved additional funding for additional costs to construct the golf course facilities and to initiate its operation.  Included among the additional costs that were funded is a cost for additional consultant fees.

 

ANALYSIS

 

The proposed amendment provides additional compensation to the consultant for the following additional services:

 

Description

 

Additional Compensation

1.      Extension of construction management services due to expansion of construction contract schedule

$112,750

2.      Increase in reimbursable budget due to expansion of schedule.

$  35,000

3.      Addition of subconsultants for archaeological services and welding inspection.

$  25,000

4.      Additional services for unforeseen needs.

$  27,250

 

Subtotal

 

$200,000

 

When the original scope of services was negotiated, the construction contract completion date was projected to be June 1, 2001, and the cost of services reflected this date.  Since the payment terms of the original agreement are based on the construction progress and not on an hourly fee schedule, the completion date is an essential factor in determining compensation.  The base budget was sufficient to cover the services through the original completion date of June 1, 2001, and additional compensation is recommended to extend the services to the actual construction completion date.  The current anticipated completion date is late September 2001.

 

Since the reimbursable expenses incurred by the consultant are also dependent on the timeframe for performance of the services, an increase in this budget is recommended to cover the additional reimbursable expenses due to the expansion of the schedule.

 

After commencement of construction, additional services were identified for specialty inspection firms in order to monitor the construction activities.  The services consist of archaeological monitoring and structural steel inspection.  The scope of these services is greater than the additional services budget of the original agreement.

 

It is recommended that an additional services budget be retained in the amount of $27,250 to cover any unforeseen needs that may arise prior to the completion of construction.

 

In summary, staff recommends approval of the amendment to the agreement with Heinbuch Golf, LLC and to increase compensation by $200,000 in order to continue providing construction management services for the Tuers-Capitol Golf Course Project.  Approval of the recommendation will not increase the cost of the project since funds for this item were included in the additional funds authorized by City Council on June 5, 2001.

 

PUBLIC OUTREACH

 

The City of San José advertised in the San José Post Record and sent Requests for Qualifications to a standard list of various contractor organizations, builder’s exchanges, and disadvantaged business organizations, including United Minority Business Enterprises and the San José Minority Business Development Center.

 

COORDINATION

 

This proposed project has been coordinated with the Departments of Conventions, Arts and Entertainment, Parks, Recreation and Neighborhood Services, Planning, Building and Code Enforcement, Finance, Environmental Services, Fire, and Streets and Traffic; and the Offices of the City Manager and the City Attorney.

 

COST IMPLICATIONS

 

1.           COST OF RECOMMENDATION:  $200,000

 

2.           COST OF CONSULTANT SERVICES:

 

                            Original Agreement              $525,000

                            Additional Fees due to Amendment              200,000

                            Contract Management      50,000

                                      TOTAL              $775,000

 

3.              SOURCE OF FUNDING:  518- Municipal Golf Course Fund

 

4.              START DATE OF AGREEMENT:  September, 2000 

 

5.              ESTIMATED COMPLETION DATE OF AGREEMENT:  June, 2002

 

BUDGET REFERENCE

 

Fund:                        518

            APPN:            4782

            RC:            112883

Amount:                        $18,135,000

Budget Document:                        2000-01 Appropriation Ordinance, Section 10.01, Item 3(b)

 

 

                        RAJEEV BATRA

                        Acting Director, Public Works Department