HomeMy WebLinkAbout1998-12-14 City Council (29)TO:
City of Palo Alto
C ity-Manager s-Repor t
HONORABLE CITY COUNCIL 4
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:DECEMBER 14, 1998 CMR:463:98
SUBJECT:AWARD OF CONSTRUCTION CONTRACT FOR COUNCIL
CHAMBERS REFURBISHING PROJECT, PHASE 2, CAPITAL
IMPROVEMENT PROGRAM PROJECT 19625, AND APPROVAL OF
BUDGET AMENDMENT ORDINANCE
RECOMMENDATION
Staff recommends that Council:
1. Approve a Budget Amendment Ordinance (BAO) in the amount of $238,000 to fund
the Council Chambers Refurbishing Project-Phase 2 Capital Improvement Program
Project 19625.
2. Approve and authorize the Mayor to execute a construction contract with Jim Duffy
.............. Co__nsm!_ .ction, Inc_, ~ the amount of $346,670
Authorize the City Manager or her designee .to negotiate and execute one or more
change orders to the contract with’Jim Duffy Construction, Inc. for related, additional
but unforeseen work which may develop during the project, the total value of which
shall not exceed $67,330.
BACKGROUND
In 1996, Council initiated the Council Chambers Refurbishing Project and approved a list of
conceptual improvements for refurbishing the Council Chambers (CMR:250:96 and
CMR:364:96). The Council Chambers has not been comprehensively upgraded since the
building’s original construction in 1970. In addition, Council authorized staffto prepare a
budget as well as a schematic design to correct deficiencies in the audio and visual
presentation capabilities; cable television and radio transmission accommodations; and to
improve the Council dais and staff area layouts; public accessibility and seating; and overall
aesthetics. Two BAO’s were approved in 1996 for a total amount of $69,300 for the
consultant during this preliminary design phase of the project.
CMR:463:98 Page 1 of 5
On May 5, 1997, Council approved a conceptual design study that incorporated the basic
improvements, and placed the project in the Fiscal Year 1997-98 Budget (CMR:213:97). On
June 23, 1997, Council rescinded the approval, requested that staffprovide additional cost
information on the proposed improvements, and directdd staff to consider the inclusion of
enhancements to the audio and visual presentation systems as part of the basic project.
On November 17, 1997, Council approved, a revised scope of work and budget for the subject
project and conceptually approved relocating the TV booth (CMR:429:97). This scope of
work included the basic improvements, specifically, replacing the carpet throughout the
Chambers; improving the lighting in the Council area; remodeling the staff area; replacing
the low wall and podium; upgrading the sound system; refurbishing the public seating
benches; and remodeling the public area for compliance with Americans with Disabilities
Act (ADA) accessibility. In addition, COuncil directed staff to include the component
upgrades to the visual presentation system and investigate the feasibility of relocating the TV
booth to the back of the Chambers. Staffwas then to return with a recommendation as to
whether the booth could be added to the project scope of work. At that time, the cost of
design and basic improvements to the Chambers, and upgrades to the visual presentation
system were estimated at $390,000, and the TV booth relocation was estimated at $73,000
for a total cost of $463,000.
On April.6, -1998,Council approved a final design and construction services.contract with
CSS Associates Architects for the project (CMR:178:98) for $99,100. On July 27, 1998,
staff updated the Council on the construction schedule for the project (CMR:309:98). Since
all of the improvements could not be sctieduled for construction during the Council’s August
1998 vacation, the project was divided into two phases. Phase 1 upgraded the sound system
only and was completed during the August 1998 vacation at the cost of $65,900. After
further study, the consultant recommended that the dias lighting, scheduled for Phase 1, not
be installed, but that a new lighting design to improve overhead lighting above the dias be
included in Phase 2.
To date, a total of $459,300 has been appropriated ($69,300 in 1996 and $390,000 in 1998)
for the Council Chambers Refurbishing Project. The relocation of the TV booth to the back
of the Chambers was not included in the funding of the project.
DISCUSSION
Per Council’s approval in November 1997 (CMR:429:97), Phase 2 of the project will replace
the carpet throughout the Chambers; improve the lighting in the Council area; upgrade the
CMR:463:98 Page 2 of 5
visual presentation system; remodel the staffarea, low wall and podium; refurbish the public
seating benches; and remodel the public area for ADA accessibility. The video presentation
system components include a new front view screen, overhead and motion projector, and a
slide.projector. These components will be purchased separately from the scope of work
items listed above and will be included in the overall Phase 2 project improvements.
In addition, as directed by Council, staffhas studied the feasibility of relocating the TV booth
and this item, along wi.th some minor additions, are proposed to be incorporated into the
Phase 2 scope of work, as follows:
Construct the TV booth in the back of the Chambers and modify the public entrance to
the Council Chambersas a resultof the TV booth relocation to accommodate Council’s
request;
Replace all the fabric wall coverings to provide a uniform appearance. This item was
added after further evaluation of the proposed work, because it is difficult to exactly
match the new work with the worn condition of the existing wall covering;
Refurbish the dais, planters and louver doors, This was added after additional
consideration of the proposed work, because of the. existing scratched and marred
surfaces.
During construction, Council meetings are scheduled to be held in the Cultural Center
.......... Auditorium.--It isanticipated-that-the first meeting in the Auditorium .will be on Monday,
January 11, 1999. The last scheduled meeting in the Auditorium will be on Monday,
March 22, 1999. Arrangements have been made for live television and radio coverage of the
Council meetings at the alternate locatidn. The Planning Commission meetings will be held
in the Council Conference Room. Live television coverage will be provided in the Council
Conference Room for the Planning Commission and all other scheduled meetings during the
Phase 2 construction period. The construction schedule may be adjusted to avoid conflicts.
The relocation cost includes installation of new TV cable lines, radio lines, and phone lines
to the Auditorium, and wiring for live television coverage in the Council Conference Room.
Bid Process
Notices Inviting Formal Bids for the Council Chambers Refurbishing Project-Phase 2 were
issued on November 12, 1998. The bidding period was 22 calendar days. On November 12,
1998, plans and specifications were distributed to 14 general circulation exchanges, and on
November 19, 1998, a project information sheet was sent to 48 contractors. Plans and
specifications were picked up by three contractors prior to bidding. On December 3, 1998,
bids were received from two contractors, however, one of the bids arrived late and could not
C!vlR:463:98 Page 3 of 5
be accepted. Staffhas reviewed the bid submitted and recommendsthat the bid of $346,670
submitted by Jim Duffy Construction, Inc. be accepted, and that Jim Dully Construction, Inc.
be declared the lowest responsible bidder (Attachments A and B). Staff reviewed the bid
with the contractors and found the bid was higher due to increased cost of labor, materials
for the millwork, electrical and finish carpentry work. Sfaffchecked references supplied by
Jim Duffy Construction, Inc. for previous~work performed and found no significant
complaints. Staffalso checked with the Contractor’s State License.Board and found that Jim
Duffy Construction, Inc. has an active license on file.
The contractors that took bids and chose not to bid indicated they were currently too busy
with other projects to bid this project. Also, the specialized nature of the Project limited the
number of qualified contractors available to perform the work.
RESOURCE IMI~.ACT
The Council Chambers Refurbishing project was approved by Council in November 1997
(CMR:429:97, Attachment E). A total of $459,300 has been previously appropriated for this
project. ($69,300 in 1996 and $390,000 in 1998). This was the originally estimated cost
based on the initial design and construction of Phases 1 and 2. The cost difference between
the original estimate and the actual costs are due to many factors: a high bid due to market
conditions; a low estimate of the construction cost as prepared by the design consultant;
adding the relocation of the TV booth; minor additions to the contract; and Council’s
~relocafion cost (cable, -radio and-wiring). -Specific components- showing--these cost
differences are listed in Attachment F. In addition, staff is recommending a contingency of
20 percent. In the industry, this amount is considered reasonable for this type of work, and
it is intended to .cover the cost of relate~ but unforseen work which is typically discovered
during the remodeling of older buildings. -Unanticipated work may be necessary to tie the
new improvements into the existing building as well as to accommodate unforseen structural,
electrical or cable conditions encountered during construction.
This report requests Council authorization of a Budget Amendment Ordinance (BAO) in the
amount of $238,000 for implementation of this project. The total project appropriation
consists of the preliminary design, final design, and construction; and the total BAO funding
of $697,300 ($69,300 + $390,000 + $238,000 = $697,300).
The project will not have an impact on staff resources.
This request is a one-time expense and there are no future year resource needs anticipated
as a result of this BAO. Attachment D summarizes the BAOs approved to date in 1998-99
CMR:463:98 Page 4 of 5
that impact the General Fund Budget Stabilization Reserve. This attachment also estimates
future year ongoing costs associated with BAOs approved to date to provide a projection for
the future resource needs from the General Fund for those programs approved after the
adoption of the 1998-99 Budget.
.TIMELINE
It is anticipated that the Chambers will be closed approximately 13 weeks. Staff originally
estimated four to six weeks for construction, however, the schedule has been revised due to
the complexities associated with the relocation of the TV booth; the additional work for
refurbishing the dias, planters and louver doors; and to allocate additional time to complete
all punch list items.
ENVIRONMENTAL REVIEW
The project is exempt from the California Environmental Quality Act (CEQA) under Section
15301 of the CEQA Guidelines.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Bid Summary
Construction Contract
Budget Amendment Ordinance
Budget Amendment Ordinance Impacting the General Fund Approved to
Date in 1998-99
CMR 429:97
Cost Breakdown & Proposed Appropriation
PREPARED BY: Elizabeth Ames, Senior Engineer
¯ DEPARTMENT HEAD:
GLENN S. ROBERTS
CITY MANAGER APPROVAL:
City Manager
CMR:463:98 Page 5 of 5
-ATTACHMENT A
COUNCIL CHAMBERS REFURBISHMENT, PHASE 2
CIP# 19625,-
BID SUMMARY
Bid !Bid Item
;.=.m #:~escr~ption
iBase Bid
!Refurbishmen~ of Council Chambers
IAdd Alternates
1 iProvide and install wall fabric.
~2 iRe-finish existing, dias.
~ ,-FRe-finish existing louver doors.
4 iRe-finish existing planters.
’. Quantity ! Un!~
TOTAL OF ADD ALTERNATES
...... TOTAL
1 iLS
1 ! LS
1
1 ~LS
ENGINFFRS P...8TIMA
Unit Price : Amount
$280,265 ....$2.80,265
$2,6351
$1,605-
$4,525
$985
Jim Duffy Construction
Unit Price ~ Amount
$335,7371 S335,737
$2,635 $7,056!
$1,605 $635!
$4,525 $2,216!
$985 $1,026i
$9,750 ;$10,933
$290,015 ......~,- .......! .....$346;~70
.... =7,o5~
$635
$2,2f6
$1,026
ALL-BIDS.WK4 12/09/98
FORMAL CONTRACT
ATTACHMENT B
SECTION 500
CONTRACT No. C9111218
(Public Work) ~"
This Contract, Number C9111218 dated , is entered into by and between the City of PaloAIto, a
.chartered city and a municipal corporation of the State of California ("City"), and Jim Du~ Construction. Inc.. a.Califomia
~ Comoration , ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor
("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and
shall expire on the date of recordation of the Notice of Substantial Completion, or, if nosuch notice is required to
be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
General Scope........of project and Work. Contractor shall furnish labor, services; materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
Title of Project: Council Chambers Refurbishment, Phase 2
Invitation for Bid (IFB) Number 111218
Total Bid: $ 346,67...0.00 (Base Bid and Alternate 1.4)
are set forth~]n th~folloWing de~cendihg order of precedence.
Contract D.0cuments. This Contract shall consist of the documents set forth below, which are on file with the City
Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving
inconsistencies between and among the provisions of this Contract, thes_e do.cuments anti.the pr_ovis_!o_n=s_thereof
This Contract.
Invitation For Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
g.
h.
I.
j~
k.Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
Standard Drawings and Specifications (1992).
Any other document not expressly mentioned herein which is issued by City or entered into by the parties.
o Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract
Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days
of the date of receipt of Contractor’s invoices.
5.Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
CITY OF PALO ALTO: IFB #~111218 PAGE 1 OF 7
FORMAL CONTRACT SECTION 500
coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the
Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal
property of any person performing labor or services or supplying materials or equipment under the Project.
.Contractor shall furnish City with the certificates of insurance ahd with original endorsements affecting coverage
required under this Contract on or before the Date of Execution. The certificates and endorsements for each
insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof
of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
o Indemnification. Contractor agrees to protect, defend, .indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly,
at any time from any injury to or death of persons or damage to property as a result of the willful acts or the
negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from
Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required
not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on
Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from
the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees,
agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed
by reason of any work performed by Contractor under this Contract at any time during the term of this Contract,
or adsing thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this
Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council
members, officers and employees from and against any and all claims, demands, liabilities, losses, damages,
costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with
or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the
Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§9601-6975, as amended);
the Resource Conservation and Recovery Act (42 U.S.C. §§6901-6992k, as amended); the Toxic Substances
................. Control Act.(15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous SubstanceAccount
Act (Health & Safety Code, §§25300,25395, as amended); the Hazardous Waste Control Law (Health & Safety
Code, §§25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety
Code, §§25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health &
Safety Code, §§25280-25299.7, as amend.ed); or under any other local, state or federal law, statute or ordinance,
or at common law.
As.s.umptio.n of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the
property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting
such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any
of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a.waiver by
City of its rights under this Contract. A waiver by City of any breachof any part or provision of this Contract by
Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other
provision, nor shall any custom or practice which may adse between the parties in the administration of any part
or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of
Contractor in strict compliance with the covenants, terms and conditions of this Contract.
o Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force
pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other
similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of
CITY OF PALO ALTO: IFB #111218 PAGE 2 OF 7
FORMAL CONTRACT
10.
SECTION 500
any public agency or official as well as with any provision of all recorded documents affecting the Project site,
insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to
nondiscrimination in employment and hazardous materials.
Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date
of Execution, Contractor shall fumish to the Project Manager the Bonds as required under the Invitation For Bid.
11.Represen..tations and Warranties. In the supply of any materials and equipment and the rendering of labor and ~
services during the course and scope of the Project and Work, Contractor represents and warrants:
a~Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be vested in Contractor;
bo Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be merchantable and fit to be used for the particular purpose for which the materials are required;
Any labor and services rendered and materials and equipment used. or employed during the course and
scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after
the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the
date that final payment is made hereunder;
do Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
eo Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and
correct at the time such information is submitted or made available to the City;,
f. Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the
....... terms and cond!tions of Contractor’s Bid, except as may be permitted by the Invitation_ F_0r B!d;
g.Contracto~ has the power and authority to enter into this Contract with City, that the individual executing
this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be
executed, delivered and perform.ed pursuant to the power and authority conferred upon the person or
persons authorized to bind Contractor;
ho Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
Contractor has ~fumished and will furnish true and accurate statements, records, reports, resolutions,
certifications, and other written information as may be requested of Contractor by City from time to time
during the term of this Contract;
Contractor and any person performing labor and services under this Project are duly licensed by the State
of California as required by California Business & Professions Code Section 7028, as amended; and
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
CITY OF PALO ALTO: IFB #111218 PAGE 3 OF 7
FORMAL CONTRACT.
conditions of the Project site.
SECTION 500
12.Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be
assigned by ContractOr. Any attempted assignment shall be rlull and void.
13.,,~laims of Contractor. All claims pertaining.to extra work, additional charges, or delays within the Contract Time
or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or
registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required
by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City.
14.
15.
Audits by City. During the term of this Contract and for a period of not less than three (3) years after the expiration
or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and
Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250
and 1271, as amended; during the regular business hours of Contractor, or, if Contractor has nosuch hours,
during the regular business hours of City.
Notice__s. All agreements, appointments, .approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall
be sufficiently given and served upon the other party if (1) personally served, (2) sent by the. United States mail,
postage prepaid, (3) sent by pdvate express delivery service, or (4) in the case of a facsimile transmission, if sent
to the telephone FAX number set forth below during regular business hours of the receiving party and followed
within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with
(1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile
transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
................... Palo Alto, CA 9430~3
Copy to:City of Palo Alto
Public Works Department, Engineering Division
250 Hamilton Ave
P.O. Box 10250
Palo Alto, CA 94303
Attn: Elizabeth Ames, Project Manager
To Contractor:Jim Duffy Construction, Inc.
525 Hamilton Avenue, Unit B
Menlo Park, CA 94025
Attn: James P. Duffy, President
16.Appropriation of Ci_ty Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter
of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only
after such expenditures have been approved in advance in writing in accordance with applicable Laws. This
Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for
a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the
CITY OF PALO ALTO: IFB #111218 PAGE .4 OF 7
FORMAL CONTRACT
event of a conflict with any other provision of this Contract.
SECTION 500
-Miscellaneous.
a.Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee,
and City is, therefore; not responsible for any damage to the personal property of Contractor.
b=Consent: Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant such
approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications
(1992) of this Contract are incorporated herein by reference.
Force Majeure. Neither party shall be deemed to be in default on account Of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a supedor
governmental authority.
mo
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents described in Section
3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment
hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments_heret0 .between_the .parties-constitute the entire
agreement between the parties conceming the Project and Work, and there are no other" prior oral or
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This .Gontract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other
stipulation in the Contract shall define or otherwise control, establish, or limit the performance required
or permitted or to be required of or permitted by either party. All provisions, whether covenants or
conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership.resolution or other
writing, which authorizes any director, officer or other employee or partner to act for or in behalf of
Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an
independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any
dghts and benefits accorded or accruing to the City Council members, officers or employees of City, and
CITY OF PALO ALTO: IFB #111218 PAGE 5 OF 7
.FORMAL CONTRACT
Contractor expressly waive~ any and all claims to such rights and benefits.
SECTION 500
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to
and bind, the successors and assigns of the parties. "
Oo Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation
of time hereunder, the time in which an act is to be performed shall be computed by excluding the first
Day and including the last.. If the time in which an act is to be performed falls on a Saturday, Sunday, or
any Day observed as a legal holiday by City, the time for performance shall be extended to the following
Business Day.
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such
action shall be vested exclusively in the state courts of Califomia in the County of Santa Clara in the City
of San Jose or in the United States District Court for the Northern District of California in the City of San
Jose.
Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or
arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees,
incurred or expended in connection with such action against the non-prevailing party.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of
Palo Alto, County of Santa Clara, State of Califomia on the date first stated above.
ATTEST:CI’EY OF PALO ALTO
By:
City Clerk Its: Mayor
APPROVED AS TO FORM:
Senior Assistant City Attorney
APPROVED:¯CONTRACTOR:
Assistant City Manager
By:
Name:
Director of Public Works Title:
¯ Director of Administrative Services
By:
Name:
Contract Manager (Insurance Review)Tile:
(Compliance with California Corporations Code Section 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).
CITY OF PALO ALTO: IFB #111218 PAGE 6 OF 7
FORMAL CONTRACT SECT-IONS00
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
On
said County, personally appeared
, before me,, a notary public in and for
, 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.
Signature (Seal)
CITY OF PALO ALTO: IFB #111218 PAGE 7 OF 7
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1998-99 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $238,000 FOR THE
COUNCIL CHAMBERS REFURBISHING CAPITAL PROJECT NUMBER
19625
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June
22, 1998 did adopt a budget for fiscal year 1998-99; and
WHEREAS, the Council ~Chambers Refurbishing Capital Project
19625 was established to fund improvements to the Council chambers
that will address safety and accessibility concerns, carpeting, the
sound system, public seating, staff congestion, and lighting of the
dias; and
WHEREAS, additional work has been proposed, which would include
the relocation of the television booth, refurbishing of the dias and
planter-louvered wall, and replacement of the fabric wall coverings,
which would increase the total cost of the project to $463,000; and
WHEREAS, the council Chambers Refurbishing Capital Project
19625 ~balance is $225,000 and an additiona! appropriation of
$238,000 will be required to meet the estimated construction costs;
and
WHEREAS, the additional appropriation of funds requested from
the General Fund Budget Stabilization Reserve is for a one-time cost
and no future year Genera! Fund ongoing costs are anticipated; and
WHEREAS, City Council authorization is needed to amend the
1998-99 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION I. The sum of $238,000 is hereby appropriated to
Counci! Chambers Refurbishing Capital Project 19625 and the General
Fund Budget Stabilization Reserve is correspondingly reduced.
SECTION 2. This transaction will reduce the General FundBudget Stabilization Reserve from $16,293,079 to $16,055,079.
SECTION 3. ~As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 4. This project is exempt from the provisions of the
California Environmental Quality Act (~CEQA") pursuant to Section
15301 of the CEQA Guidelines.
SECTION 5. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shal! become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Director of
Services
Admini s t rat ive
Director of
S : \ASD\BUDGET \ 9 8 9 9BU-I \ 9 9BAO~I \WORDPERF \ PWCHAM- 1. WPD
Attachment D
Budget Amendment Ordinances Impacting General Fund Reserves Approved To Date in 1998-99
Placeholders
Already in the Impact on the
Net Co~1998-99 Adopted General Fund
-BSRBudget
Estimated Beginning Budget Stablization Reserve (BSR)
Balance $19,050,000
Reduction in Rental Income from Utilities Due to Relocation of
Utilities Engineering and Creation of Capital Improvement Project
19921, Relocation / Consolidation of Level A Storage ($231,700)($231,700)($221,000)
Increase in the City’s Annual Rental Payment to the Palo Alto
Unified School District for Lease and Covenant Not to Develop for
an Extended Day Care Center at the New Hoover School Site
Salary and Benefit Increases Retroactive to May I, 1998 for
Classified Personnel (SEIU) *
¯Salary and Benefit Increase Retroactive to July 1, 1998 for Police
Personnel
($34,792)($34,792)($36,000)
($260,000)($260,000)($702,000)
($182,200)($182,200)($265,000)
Addition of Five Full-Time Positions and Associated Resources to
the Planning and Community Environment Department
Interira Historic Inventory Consultant
Interim Historic Regulations Administration
Phase I - San Francisquito Creek Bank Stabilization and
Revegitation Study
($488,364)$300,000 ($188,364)
($437,400)($437,400)
($269,600)($269,600)
($112,500)($ I 12,500)
Reclassification of CDBG Position to Senior Planner Position ($7,400)
Acquire Leased Space and Cover Associated Support Costs for a
One-Stop Development Center at 285 Hamilton Avenue ($507,0OO)
Reeruimaent Assistance
Formation oi~ Library Advisory Commission
($7,400)
Golf Course Clubhouse and Related Improvements
Salary and Benefit Increases Retroactive to July 1, 1998 for
Management and Confidential Employees
($410,743)
Emergency Repairs (Basements, Creek, Arastradero Pres.)
Council Chambers Refurbishing Capital Project Number 19625
($507,000)($3~0,000)
($6O,OOO)($60,000)
($22,500)($22,500)
$33,430 $33,430 ($14,280)
($334,000)($334,000)
($142,895)($142,895)
($238,000)($238,000)
($624,900)
BSR Balance After BAO’s $16,055,079
* The estimated increase for the SEIU agreement in1999-2000 is the cumulative increase beyond the 1998-99 Adopted Budget.
12/10/98
TO:
ATTACHMENT
City of Palo
City Manager’s Report
HONORABLE CITY COUNCIL.
FROM:CITY MANAGER DEPART~[ENYr: PUBLIC WORKS
AGENDA DATE:
SUBJECT:
NOVEMBER 17, 1997 CMR:429:97
RECOMMENDATION TO REVISE PROPOSED LONG
TERM COUNCIL CHAMBERS IMPRO~rEMENTS,
COUNCIL CHAMBERS REFURBISHING, CIP Project 19625
RECOMMEN~DATIONS
¯ Staff recommends that Council:
Direct staff to proceed with the implementation of an "Enhanced Basic Project" in
the amount of $390,000 for the refurbishing of the Council Chambers, as detailed
in this report.
Direct staff to proceed with hiring an architectural consultant for the design of the
Council Chamber improvements defined by the selected scope.
Confirm that Council’s directionas to the scope of-work-will allow staffto proceed
directly to the consultant selection stage without additional review by the Finance
and Policy and Services Committees.
POLICY IMPLICATIONS
Approval of this action does not represent any change to existing policies.
BACKGROUND -.--.
In 1996, Council initiated the Council Chambers Refurbishing Project and approved a list
of conceptual improvements for the Council Chambers (CMR:250:96 and CMR:364:96).
On May 5, 1997, staff presented a conceptual design study that incorporated the basic
improvements and recommended placing the project in the FY 1997-98 budgetary process
(CMR:213:97). On that date Council directed staff.to proceed with the full spectrum of
improvements. Subsequently, .on June 23, 1997, Council rescinded that approval and
requested that staff provide additional cost information on the proposed improvements, and
directed staff to consider the inclusion of enhancements to the audio and visual presentation
systems as part of the basic project.
CMR:429:97 Page 1 of 7
Staff has separated out the basic pac "kage of improvements, from _the-proposal-presented-in
CMR:213:97. Additional option packages that could be added to the basic improvements
are also shown. The options are packaged to present varying levels of improvement to
visual presentation systems and associated architectural improvements. If none of the
packages are found to be desirable, an itemized list of all the improvements with their
approximate cost is attached for use in creating additional packages of improvements.
Staff is recommending the approval of an "Enhanced Basic Project" consisting of the
original basic¯ improvements plus Option Package #2, in the amount of $390,000 in project
construction costs. This alternative will provide for a rally functional renovation of the
Council Chambers, including both the originally proposed refurbishments and
enhancements which respond to the Council’s direction to address concerns over the
adequacy of the sound system, lighting, and visual presentation equipment.
The proposed improvements do not include either architectural enhancements to the
¯ Chambers or the provision of state of the .art technology for computer based systems with
digital data formats. Should the Council desire to provide for those capabilitites either now
- or in the future, the inclusion of additional alternative packages would be required.
Basic Improvements
The basic improvements address areas of safety and accessibility, and several of Council’s
concerns regarding the sound system, public seating, staff area congestion, lighting for the
dais, and the separation of staff and public. The estimated cost of the improvements for
the basic project is $320,000. The scope of work includes: ’
-,- -~ne~- ¯ Replace all of.the carpeting in the Council Chambers. The carpet is
worn in heavily traveled areas throughout the Council Chambers and
has become a safety concern. Also a majority of the carpet will be
r(moved due to the ADA improvements in the public area.
¯Council Area
-Staff Area
Improve lighting in the Council area. -
Remodel the staff tables to reduce conghstion and redesign the low
wall between staff and the public to reduce the appearance of
separation.
¯Audio System Upgrade the sound system, microphones and speakers.
Public .Area Remove the. TV booth to increase site lines for the public (relocation
-would be the responsibili~y of MPAC/Cable Coop). Refurbish public
benches to increase seating comfort. Provide Americans with
Disabilities Act improvements, including allocation of space for wheel
chair seating, podium redesign and flattening the sloped floor to meet
ADA standards:_=
ChirR:429:97 Page 2 of 7
[-
Option Packages
The option packages are discrete improvements which can be added to the basic
improvements listed above. There are five packages presented below which range from
replacing the existing screen and projector to installing anew vi .aal presentation system.
Option Pa+kage #1 ~ Upgrade Existing Pro_iector and Screen (Recommended)
This option incorporates a new projector in the.podium constructed as part of the basic
improvements, and replaces the existing screen. This option updatesthe existing
equipment to the latest quality for stand-alone components. This equipment will not be
upgradeable if, in the future, a complete digital audio/visual presentation system is
installed per Option Package #5.
Estimated .Additional Cost: $40,000
Components include:
~ - The existing screen will be replaced with a screen that has a higher reflective
material and disperses the image at a wider angle to provide a more visible image.
Overhead Projector - The existing overhead projector will be replaced with a new high
intensity projector located on a new cabinet. The projector would be a transparency
based unit. The new cabinet will be located adjacent to the new podium included in the
basic improvements.
Slide Projector- New slide projector will be located with the new overhead projector.
...... The.~_roje_c_t_o!:_would_be a_photographic (35.mm) slide based unit~ --
:i2ption Package #2 - Add Motion Projector (Recommended)
This option includes adding a new motion p.r-ojector in the new podium construction and
includes Option Package #1. This equipment will not be upgradeable if, in the future, a
¯ complete digital audio/visual presentation system is installed per Option Package #5.
Estimated Cumulative Total Additional Cost for alternatives one and two: $70,000
Components include:
Option Package #1 - Listed above.
Motion Projector - A new motion projector will be placed with the overhead projector.
The projector would be a video cassette (VHS) unit which would operate on a stand
alone basis without system integration into the other presentation media. The cabinet
in Option Package #1 will be modified and expanded to accommodate the projector.
Option Package #3 -Upgrade Existing Dais (Optional)
This option updates the dais to accommodate Option Packages #4 and #5. This option
would be required in order to incorporate either monitors or computers at the Council seats
CM:R.:429:97 Page 3 of 7
and to preserve flexibility for future improvements and possible future phasing of the
additional project components over a multi-year period of time. These improvements
would allow for the .addition of computer based system in the future with only minimal
disruption to the Chambers.
Estimated Additional Cost: $150,000
Components include:
Dais - The existing dais will be replaced with a redesigned dais to accommodate future
improvements for lighting and video imaging. The location of the dais will not change.
Individual Council Seating Locations - This improvement would provide the
opportunity tO install individual display monitors for each Council Member, either in
conjunction with options 4 and 5 at this time or with some future improvements.
Staff ~reia - The staff tables will be architecturally incorporated into the dais.
W_.ir2.~- Wiring will be installed so as to accommodate the proposed controller in
Option Packages #4 and #5, should it be desired to install it in a subsequent future
project.
Option Package #4 - Install Analog Visual Presentation System (Optional)
This option provides a rear projection system which uses the existing rear projection screen
with an analog (magnetic) control system that can accommodate overhead projection, slides
and video presentations on an integrated multi-media format. Also, this system allows
interactive inp~_t_by_the Ci_ty_Clerk_foragenda and agenda items that will be dis~i~i~,ed on
tqa-~--iear projection screen. This is the first level of improvements which would include
individual display monitors at each Council seating location. This equipment will not be
upgradeable if, in the future, a complete digital audio/visual presentation system is
installed per Option Package #5.
Estimated Additional Cost: $328,000
Components include:
OPtion Package #3 - (new dais) listed above.
Rear Projector & Screen - The existing rear projection screen will be refurbished with
a new viewing surface to provide a sharper image.
~ - A new analog.control system and presentation components will be
installed adjacent to the new podium. This system would provide the capability for
integrated multi-media presentations. The components will consist of a slide-to-video
unit, document camera for hard copy material, analog VCR and an analog computer
connection. The system will present images on the rear projection screen that are
CMR:429:97 Page 4 of 7
viewable at all lighting levels.
each Council seating location.
Individual display-only monitors would be provided at
~r.£.’-._itectural Improvements - Additional architectural improvements can be added to
this package and are listed in Attachment B. The items are discrete architectural
features that can be added individually, or in any combinaiion, to the project. The total
cost of all the improvements is $220,000 and is not included in the cost listed above.
Option Package #5 - Install Digital Visual.Presentation System Medium Level Technology
(Optional)
This option provides a rear projection system which uses the existing rear projection screen
with a digital (optical) control system that can accommodate overhead projection, slides,
and video presentations on an integrated multi-media format, with input from computer-
based systems. Also, this system allows interactive input by the City Clerk for agenda and
agenda items that will be displayed on the rear projection screen .and at individual display.
monitors at each Council seating location.
Estimated Additional Cost: $420,000
Component~ include:
Option Package #3 - (new dais) listed above.
Rear Projector and Screen - The existing rear projection screen will be refurbished with
a new viewing surface to provide a sharper image.
Video Syst_e_m -__A ne~w digital control ,system and presentation-comp0nents will be:-- - "-
fnst~lied adjacent to the new podium. This system represents state of the art technology
and can incorporate input from computer based systems. The components will consist
of a slide to videounit, document camera..for hard copy material, digital VCR and a
digital computer, connection enabling the creation of "seamless" multi-media
presentations which are digitally integrated from multiple input sources. The system
will present images on the rear projection screen that are viewable at all lighting levels
and at individual display-only monitors at each Council seating location.
Architectural Improvement~ - Additional architectural improvements can be added to
this package and are listed in Attachment B. The items are .discrete architectural
features that can be added individually, or in any combination, to the project. The total
cost of all the improvements is $220,000 and is not included in the cost listed above.
It should be noted that Option Package #5 incorporates "medium level" capabilities in the
hardware and control systems. It does not include personal computers at individual se~ting
locations. A digital presentation, system with "high end" capabilities incorporating
personal computers at individual seating locations so as to provide e-mail, Internet access,
and connectivity to City data bases and systems along with the same basic function as
CMR:429:97 Page 5 of 7
[ [
Option Package #5 could cost up to $500,000 or more depending on the_ level and
complexity of the desired systems.
Project Schedule
It is staff’s intent to construct the proposed improvements during the Council’s vacation
in the summer of 1998. To accommodate this schedule, the consultant selection process
needs to be initiated as soon as possible. To facilitate the consultant selection time line,
staff requests that Council approve the project scope of work at this time rather than refer
it to Committee, as would normally be done under Policy and Procedure 1-10. In order
to provide further information on the details of the improvements, it is suggested that staff
present preliminary design plans (35 percent completion stage) to the Finance and Policy
and Services Committees for review. This¯ timetable would allow staff to construct the
improvements during the summer of 1998.
The chambers are being used by the Superior Court during the period from November
.1997 through March 1998 while their-own facilities are also being remodeled. Recent
correspondence from the Court to the City Clerk’s office has indicated their desire to
extend the use to a total of eight months,, which would run through June 1998. That would
be the maximum extent to which their usage could run without impacting the City project.
schedule. The City Manager’s Office and the City Clerk’s office will coordinate a
response to the Court indicating the City’s project schedule issues.
Dependent on the timing of the decision as to a preferred alternative, and the magnitude
of that selected alternative, the construction duration may extend beyond the Council’s
normal August!September vacation_period~-- -Such-an-impact~could~req~iire~ern-p6i-ary
¯ relocation of the Council meetings to alternative facilities. Staff will review these issues
dependent upon the selected alternative and will report back to Council at the time of the
consultant contract award.
FISCAL IMPACT
It is proposed to fund this project by using the current ADA projeci (CIP project 19309),
combined with General Fund and Utility Fund reserves by a Budget Amendment
Ordinance when the consultant contract is awarded later this year. The construction cost
estimates contained in this report do not include any potential cost of temporary relocation
of the Council meetings to alternative facilities, should the selectedalternative require a
construction duration longer than the Council vacation. Staff will review those issues
dependent upon the alternative which is selected and will report back at the time of
consultant contract award and Budget Amendment Ordinance.
E~ONMENTAL ASSESSMENT
The project is exempt from the California Environmental Quality Act (CEQA) under
Section 15301 of the CEQA Guidelines.
CMR:429:97 Page 6 of 7 ~ ~~
ATTACHMENTS
A - Option Package Table
B - Architectural Improvements, Description and Costs
PREPARED BY: John A. Carlson, Acting Assistant Director of Public Works
DEPARTMENT HEAD REVIEW:
GLENN $. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
JUJ~ FLEMING
Ci~ Manager ¯ ~"
CMR:429:97 Page 7 of 7
ATTACHMENT A
COUNCIL CHAMBERS REFURBISHING PROJECT
OPTION PACKAGE TABLE
-OPTION PACKAGES
IMPROVEMENT DESCRIPTION
1 2* 3 i 4 5
Basis Improvements~X X i .X i X ! X
Basic Improvements Cost ($1000s)I $320 $320 i $320 [ $320 $320
Individual Component Upgrades
New Front View Screen X X
New Overhead Projector X X
New Slide Projector X X
New Motion .Proj ector X
Component Upgrades Cost ($1000s)$40 i $70
Visual Presentation System
Replace/Upgrade Dais X ~X X
.....Rear¥iewScreen .............:!. i X i X
:Rear Projector i X X
Analog Video System i X
Digital Video System (Medium Level).:i {,X
Presentation System Cost ($1000s)i $150 i $280 $420
Architectural Improvements ~i X X
Architectural Imp. Cost ($1000s).-~~$220 $220
Total Project C0st($1000s)$360 $390* i$470 i $820!$960
1 Basic Improvements include: Replace carpet throughout Chambers; lmaprove Council area lighting; Remodel staff
~: ~s, public podium and low wall; Upgrade sound system, microphones and speakers; Remove the TV booth; Install
ADA improvements; and Refurbish public benches.
*Recommended
ATTACHMENT BcoUNCIL CHAMBERS REFURBISHING PROJECT
ARCHITECTURAL IMPROVEMENTS
Entrance Improvements $90,000
The improvements would include installing a wooden louvered wall at the
northern wall public entrance in the vicinity of existing TV booth which
will be removed as part of the basic improvements. The wall will be
similar in architecture as the wooden louvered wall behind the public
seating. The improvements will include credenzas for Council and
Planning Commission packet material.
Dais Backdrop Improvements . ..... , ................. $34,000
The improvements will include a curved wall behind the dais and contain
the City Seal. "
Rear Chambers Improvements $73,000.
The improvements will include an enclosed area for radio (and possibly
TV) personnel and equipment.4.
4.Chambers Lighting. $23,000
The improvements will include overall chamber lighting which would be
controlled through the presentation control system and will automatically
....... dim dufing-preseiit~i~i~ns~ ............~"
5.Total Architectural Improvements $220,000
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