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Home My WebLink About2011-07-25 Ordinance 5125ORDINANCE NO. 5125 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 2012 TO PROVIDE AN ADDITIONAL APPROPRIATION OF $3,545,904 TO CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT PF-07000, ART CENTER ELECTRICAL & MECHANICAL UPGRADES The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 20, 2011 did adopt a budget for fiscal year 2012; and B. In fiscal year 2007, the City Council appropriated an initial amount of $290,000 for CIP Project PF-07000(Project) to provide replacement of the mechanical and electrical equipment and systems at the Palo Alto Art Center. In fiscal year 2009, Council increased the appropriation by $1,450,000, and in fiscal year 2011, Council further increased the project funding by $2,600,000 bringing the total appropriation to $4,340,000; and C. The 28,000 square foot Art Center facility and its building infrastructure and systems have not been significantly upgraded since the facility was constructed in 1951. In March 1999, the City Council approved a proposal from the Palo Alto Art Center Foundation to explore the development of a public/private partnership that would make possible a capital campaign to expand and renovate the Art Center; and D. In 2001, a Joint Site Planning Committee comprised of City and Art Foundation representatives began developing a site design that would allow the Main Library and the Art Center to expand while addressing the limitations and opportunities offered by the si te, neighborhood considerations,' and the desires of community stakeholders. In September 2001, the Art Center Foundation received a second $50,000 grant request from the David and Lucile Packard Foundation that was matched by the City (CMR:226:02). Using these funds, the Art Foundation contracted with the Mark Cavagnero Associates in association with SWA Group to develop the joint site plan. The resulting Site Planning Study for the Palo Al to Main Library and Art Center was completed on February 8, 2002; and E. In 2002, Mark Cavagnero Associates continued work on the master plan and conceptual design for the Palo Alto Art Center and site. The plan was completed on June 14, 2002 and approved by Council. A Memorandum of Understanding (MOU) was approved by Council at its July 15, 2002 meeting describing the City's commitment to contribute $SM to finance a fund set up through a public/private partnership over five years. This MOU was intended to go into effect upon successful passage of a library bond measure in November 2002. However, the bond measure was ultimately unsuccessful; and F. In 2003, supported by a $10,000 grant from the Non-Profit Finance Fund, the Art Foundation worked with fundraising and organizational development consultants to prepare for the possibility of a future capital campaign. The Art Foundation has committed $2 million to the project, of which the City has received $1.25 million to date, which will be transferred into the Infrastructure Reserve; and G. In 2005, the Art Foundation contracted with Mark Cavagnero Associates to develop the improvements to the building, including a children's area. Since then, the City and Art Foundation have continued in a partnership for the building improvements, with the Art Foundation maintaining the design contract with Mark Cavagnero Associates. Now that the project is about to begin construction, the contract with Mark Cavagnero Associates will shift to the City, per a Construction Agreement between the City and the Art Foundation for the management of the bid and construction, represented in a Construction Funding Agreement approved by Council on February 7, 2011 (Staff Report 1301); and H. The City's scope of work includes mechanical, electrical and accessibility upgrades to the facility, while the Art Foundation's scope of work includes the creation of a Children's Wing and an upgrade of the exhibition galleries. While the scope of City-sponsored work differs from the Art Foundation-sponsored work, both parties agree that it will be more efficient, cost- effective, and less disruptive to the community to have the work completed concurrently. I. In addition to the above-mentioned electrical, mechanical and Children's Wing improvements, the City will also now add deferred-maintenance items to the project such as a new roof, new gutters, new downspouts, seismic upgrade to roofing envelope, exterior painting, new carpets, additional interior painting, termite treatment and dry rot repairs, new window safety glazing, exterior lighting improvements and parking lot maintenance. While these items will increase the construction cost, they will result in an overall cost-savings by including them as part of a larger project and by making these repairs now when the construction climate is favorable. It will also eliminate future construction disruption to the Art Center's occupants and patrons; and J. The Art Center auditorium will become a temporary library, under a separate Capital Improvement Project (PE-11012), during the renovation of the adjacent Main Library. The auditorium was not part of the Art Center improvement projectl but will have improved lightingl carpeting and other amenities added as part of the temporary library work. Combining the libraryls auditorium upgrade with the rest of the Art Center project will result in a better price for the auditorium work and will not involve the disruption of shutting off the auditorium for temporary library conversion work shortly after opening the new Art Center. Having the same electricians I painters and other trades for both the auditorium and the Art Center work will result in a better work product and require less staff oversight than managing two separate contractors; and K. A notice inviting fOEmal bids for the Palo Alto Art Center improvements was sent to six pre-qualified contractors. Staff recommends that Big-D Pacific Builders I Inc. be declared the lowest responsible bidder with a bid of $5 /123 /800 1 and that a contingency of 20 percent be included; and L. With the library and Community Center Measure N bond projects now under constructionl the project administration workload for this project is beyond what Public Works staff can administer without assistance. Nova Partners will supplement Public Works staff during the construction of the Art Center and will oversee the contractor IS work l provide liaison for and resolve issues common to the CitYI architect and contractorl and track contractor design queries and progress payments. Mark Cavagnero Associates will respond to design questions and issues raised by the contractor I attend meetings at the job sitel oversee green building submissions and assist in the preparation of the record documents. The Art Center Project will pay a portion of these contracts for construction administration; and M. Additional funding of $1 /330 1 000 will be transferred from various completed or reduced Capital Improvement Projects with the appropriations returned to the Infrastructure Reserve as summarized in the table below; and Description·. .... Amount , Transfer appropriation from $450 /000 project PE-05010 (College Terrace Library Project) Transfer appropriation from $300 /000 project PF-01002 (Civic Center Improvements project) Transfer appropriation from $200 1 000 project PE-09002 (Greer Park Improvements Project) Transfer appropriation from $ 80 /000 project PE-07005 (California Avenue Improvements Project Phase