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HomeMy WebLinkAbout1999-06-28 City Council (13)TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS 2 DATE: SUBJECT: JUNE 28, 1999 CMR:263:99 AWARD OF A DESIGN/BUILD CONTRACT TO BERKELEY BUILDERS, INC., DBA BBI CONSTRUCTION IN THE AMOUNT OF $613,000 FOR THE ADDITION OF A HEATING, VENTING AND AIR CONDITIONING UNIT FOR THE COMMUNITY THEATRE AT THE LUCIE STERN COMMUNITY CENTER AND APPROVAL OF A BUDGET AMENDMENT ORDINANCE IN THE AMOUNT OF $758,000 REPORT IN BRIEF This report recommends that Council award a design-build contract to Berkeley Builders, Inc. (DBA BBI Construction), in the amount of $758,000 for the installation of a heating, venting and air conditioning (HVAC) system at the Lucie Stem Center Theatre. It is further recommended that Council approve a Budget Amendment Ordinance in the anaount of $758,000. CMR:263:99 Page 1 of 5 RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with BBI Construction in the amount of $613,000 for the design and construction of the HVAC system at the Community Theatre (Theatre) at Lucie Stern Community Center. ° Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with BBI Construction for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $123,000. Also, approve testing inspection services to be provided by the City’s testing firm and a temporary employee agency at a cost of $22,000. Approve a Budget Amendment Ordinance (BAO) in the amount of $758,000 to fund design and construction of the HVAC system, CIP #19910, Community Theatre Renovations. BACKGROUND On June 22, 1998, Council approved the FY 1998-99 Capital Improvement Program Budget, which included the Lucie Stern Community Theatre (Theatre) Renovations, CIP #19910. Two sources of funding are identified: the General Fund, and a David and Lucille Packard Foundation grant of $150,000. The following is the scope of work and time line for the original project in the FY 1998-99 Capital Improvement Budget: FY 1998-99 - Reupholster seats and replace the stage curtain in the Theatre. The stage curtain, replacement and reupholstered seats were completed in 1998 leaving a balance ot~ $97,609. FY 1999-00 - Design and install an HVAC system, necessary infrastructure, and Americans with Disabilities Act (ADA) improvements. On April 21, 1998, the Infrastructure Management Financing and Prioritization Plan (IMP) was presented to Council (CMR: 191:98). On July 20, 1998, Council approved the financing and prioritization methodology for the IMP. During the July 20 meeting, Council directed staff to explore the possibility of expediting the installation of the HVAC system for the Theatre and to return with information. On January 19, 1999, Council directed staff to complete the installation of the Theatre HVAC by June 2000. On April 5, 1999, Council approved implementing the installation of the HVAC system for the Theatre through award of a design-build contract and also approved a waiver of CMR:263:99 Page 2 of 5 Council Committee review of scope of consultant services in order to help meet the expedited schedule (CMR 183:99). DISCUSSION Project Description The scope of ~vork for this project includes: design-build services to replace the existing fan and condensing unit in the basement; install condensing units in the Green Room, offices, rehearsal stage, and costume shop; upgrade the existing ducts to carry the new air flows in the Theatre; install the compressor unit outside the building; upgrade the electrical system serving the new HVAC system; and install related ADA improvements compliant with the current Building Code. The project also includes an allowance tbr hazardous materials analysis and abatement, and all necessary structural engineering ~br the supports of the new HVAC system. An acoustical engineering evaluation will be conducted and incorporated into the design to insure that the new HVAC improvements have no negative affect on theatrical performances or on the adjoining neighborhood. Public Works and Community Service Department staff are working to keep the Theatre operational during construction and will incorporate most of the Theatre’s programs and performances into the design and construction schedule. Rescheduling of Theatre activities will be minimized to the greatest extent possible. The project allows for bi- weekly meetings during design, and weekly project meetings during construction to help meet these objectives. The building "appears eligible" for listing in the National Register of Historical Places, which may require an extensive review and approval process for any changes made to the interior or exterior portions of the building. Design and construction efforts will be in accordance with the Secretary of the Interior Standards. The design-build team will address environmental, historical and architectural impacts, and conduct meetings with the public, the Architectural Review Board (ARB) and the Historical Resources Board (HRB) for project approval. This process will require a significant anaount of time during the design phase. The design-build process will allow the designer, the contractor and the City to be involved in the project fi’om conception to completion. This will provide greater efficiency in scheduling, communication, problem solving, and coordination, by incorporating scheduling issues and design review comments at various stages during the design phase. Therefore, the construction phase should be relatively tree of questions and clarifications that typically result in schedule delays. CMR:263:99 Page 3 of 5 An initial assessment of the existing ventilation system indicated that the cost of construction of a new HVAC system would be approximately $500,000. This assessment did not include additional costs due to the historical nature of the building, physical constraints affecting the installation of the system, architectural design features required to conceal the compressor for the system, asbestos and lead concerns, analysis of ground water seepage in the basement adjacent to the theatre ventilation system, and an inspection of the existing condition of the heating and ventilation system In addition, noise considerations inside the Theatre and within the neighborhood, keeping the Theatre open during construction, and meetings with the public, review boards, and staff were not taken into consideration. The cost of this design-build project is $613,000 (Attachment B). Staff is recommending a contingency of 20 percent as compared to the typical 10 percent contingency on projects involving new construction. This amount ($123,000) is being recommended to cover the cost of related, but unforeseen work, such as concealed utility services internal to walls ’and floors, hazardous material abatement such as asbestos and lead based paint, and other items which are typically discovered during the remodeling of older buildings. The potential for such issues to arise during the course of this project is greater than usual due to both the age of the building and the design-build nature of the contract, which precludes discovery during a separate initial design phase. Testing/inspection services will be provided by the City’s testing firm and a temporary employee agency at a cost of $22,000. Selection Process Staff sent a request for proposals (RFP) to 42 architectural and construction firms on April 5, 1999. The proposal period was 30 days and a mandatory pre-proposal meeting was held on April 13, 1999. Two design-build teams submitted proposals; Patri Merker Architects and Plant Construction with a proposal of $605,200 and BBI Construction and C. David Robinson Architects with a proposal of $613,000. Staff conducted interviews with both. Staff selected BBI Construction and C. David Robinson Architects because of their relevant experience in upgrading HVAC systems in historic buildings and theaters, their understanding of the project, and project approach. The proposal was slightly higher due to the inclusion of mitigation measures to keep the theatre operational during construction, a hazardous materials analysis, and an investigation of water seepage in the basem ent. RESOURCE IMPACT The attached Budget Amendment Ordinance (BAO) requests funds not to exceed $660,391 from the Infrastructure Reserve. This request is a one-time expense and there are no future year resource needs anticipated as a result of this BAO. Attachment B summarizes BAO’s approved to date in 1998-99 that impact the Infrastructure Reserve. This attachment also estimates future year ongoing costs associated with the BAO’s approved to date to provide a projection Ibr the future resource needs from the CMR:263:99 Page 4 of 5 Infrastructure Reserve for those programs approved after the adoption of the 1998-99 Budget. The total cost of the project is $758,000. A remaining balance of $97,609 in the David and Lucille Packard Foundation Grant, CIP 19910, Commtinity Theatre Renovations will be allocated to the project. A cost breakdown for the project is provided below. HVAC System Upgrade Contingency (20%) Design and Construction Services Subtotal Testing and Inspection Services (approx. 3%) Total Appropriation (BAO) David and Lucille Packard Foundation Grant $ 613,000 $123,000 $ 736,000 $ 22,000 $ 758,000 $(97,609) Total from Infrastructure Reserve $ 660,391 POLICY IMPLICATIONS This action is in accordance with prior Council direction. ENVIRONMENTAL REVIEW As part of the contract, the Consultant will prepare an environmental assessment (EA) under California Environmental Quality Act (CEQA), which must be approved by the appropriate City agencies before constrtiction begins. TIMELINE Construction shall begin mid-January 2000 and end June 1, 2000. tl~e project timeline. Attachment D shows ATTACHMENTS Attachment A: Budget Amendment Ordinance Attachment B:. Budget Amendment Ordinances Impacting the Int’rastructure Reserve Approved to Dat_e in 1998-99 Attachment C: Design-Build Contract Attachment D: Project Time Line PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: Elizabeth Ames,Engineer i/Director of P)~ V/CAVorks k~ City Mana=erk~ CMR:263:99 Page 5 of 5 ATTACHMENT A 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 $758,000 FOR the COM~I]NITY THEATRE RENOVATIONS CAPITAL PROJECT NUMBER 19910 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 established the Community Theatre Renovations capital project, number 19910, on June 22, 1998; and WHEREAS, the replacement of seat upholstery and stage curtains was completed in 1998 and the second and final project phase was planned mainly for the design and construction of a Heating Venting and Air Conditioning (HVAC) system and ADA improvements through fiscal year 2000-01; and WHEREAS, Council on January 19,1999, directed staff to complete the installation of the HVAC Community Theatre system by June 2000; and WHEREAS, the David and Lucile Packard Foundation awarded Theatre Works a $150,000 grant in 1998-99, to be matched by the City of Palo Alto, for the completion of this project; and WHEREAS, there is a remaining balance of $97,609 in grant funding available to the City for the final phase of this project; and WHEREAS, City Council authorization is needed to accept the grant from Theatre Works and expend the $97,609; WHEREAS, an additional appropriation of $758,000 is needed for staff to begin the design and construction of the Community Theatre HVAC system in fiscal year 1998-99, including a 20 percent contingency; and WHEREAS, the additional appropriation of funds requested from the Infrastructure Reserve is a one time cost of $660,391 and will have no impact on the Budget Stabilization Reserve; 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 Seven Hundred Fifty Eight Thousand Dollars ($758,000)is hereby appropriated to Capital Improvement Project No. 19910 and the Infrastructure Reserve is reduced by $660,391. SECTION 2. This transaction will reduce the Infrastructure Reserve from $13,796,000 to $13,135,609. SECTION 3. Grant revenue to CIP project number 19910 is increased by Ninety Seven Thousand Six Hundred Nine Dollars ($97,609) for receipt of funds from Theatre Works. SECTION 4. 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 5. As part of the contract, the consultant will prepare an environmental assessment (EA) under the California Environmental Quality Act (CEQA), which must be approved by the appropriate City agencies before construction begins. SECTION 6. As provided in Section 2.04.350 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Mayor City Manager Director of Services Administrative Director of Community Services Director of Public Works Attachment B Budget Amendment Ordinances Impacting the Infrastructure Reserve Approved To Date in 1998-99 1998-99 Beginning Infrastructure Reserve Balance Midyear Budget Addition to the Infrastructure Reserve $12,588,000 $1,208,000 Community Theater Renovation Capital Project 19910 ($660,391)($660,391)TBD Infrastructure Reserve Balance After BAO’s $13,135,609 06/t 5/99 PROJECT DESCRIPTION The first phase of this project, completed in 1998, included the reupholstering of seats and other minor renovations at the Lucie Stem Community Theatre. The scope of work for the second phase of this project consists of installing a new Heating, Venting, and Air Conditioning System (HVAC) for the Lucie Stem Community Theatre, along with related electrical improvements. The scope of work also includes improvements associated with the Americans with Disabilities Ac.t (ADA). PROJECT JUSTIFICATION A HVAC system is needed in the Theatre during the summer months to attract acting companies and audiences. The David and Lucile Packard Foundation has awarded Theatre Works a grant in the amount of $150,000, to be matched by the City of Palo Alto, for the purpose of air conditioning the theatre and rehabilitating the aging seats, stage drapes and curtains. A portion of the Grant funds has been utilized for the reupholstering of seats and minor renovations to the Theatre. FUTURE FINANCIAL REQUIREMENTS FISCAL YEAR PY Budget 1998-99 1999-00 2000-01 2001-02 2000-03 AMOUNT $758,000 COMPONENTS Design and construction of the HVAC system, ADA, and associated electrical improvements. Sources of Funding: General Fund Infrastructure Reserve and a $97,609 grant from the David and Lucile Packard Foundation. IMPACT AND SUPPORT ANALYSIS Environmental: Design Elements: Operating: An environmental assessment may be necessary for the air conditioning work. To be reviewed by the CIP design consultant. The project is subject to Architectural Review Board as well as Historical Review Board Public Works Facilities Division will require additional resources to maintain the Heating, Venting and Air Conditioning system. Telecommunications: None. COMPREHENSIVE PLAN The Comprehensive Plan contains no policies or procedures directly related to this project. FORMAL CONTRACT Attachment C DESIGN-BUILD CONTRACT No. (Public Works) This Contract, number dated , is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City" or "Owner"), and Berkeley Builders, Inc., a California corporation, ("Contractor"). For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor ("the parties") agree: Definitions. "Contractor" means the Design-Build Responsible Bidder who has entered into the Contract with the City and includes the Design-Build team’s directors, officers, employees, partners, principals, agents, subcontractors and representatives. "Design-Build" means one entity that performs and delivers both architectural/engineering design, project management, construction documents and construction under a single contract with the owner. WHEREAS, CITY desires certain Design-Build services ("Services"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to engage Contractor, in providing the Services by reason of its qualifications and experience in performing such Services, and Contractor has offered to provide the Services on the terms and in the manner set forth herein. 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 Completion, or, if no such notice is required to be filed, at the end of the last fiscal year covered by the agreement hereunder, subject to the earlier termination of this Contract. The obligation of the Contractor to perform the Services will commence in accordance with the time schedule set forth in Exhibit "B". Time limits stated in the schedule are of the essence. In the event that the Services are not completed within the specified time schedule on the account of Contractor’s default, CITY’s city manager will have the option of extending the time schedule for any period of time. This provision will not preclude the recovery of damages for delay caused by the Contractor. General Scope of Project and Work. Contractor shall furnish services, labor, materials and equipment in connection with the design, project management, preparation of Construction Documents, and 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: Design and Build Services: Lucie Stern HVAC Upgrade and ADA Access Compliance Improvements, Request for Proposal (RFP) Number: 114569 Total Bid (Cost Proposal):$ 613,000 4.Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City CITY OF PALO ALTO: RFP 114569 PAGE 1 OF 10 FORMAL CONTRACT Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. This Contract, including Exhibits "A," "B," "C," and "D". Request for Proposal, including Addendum dated April 16, 1999. Project Specifications. Drawings. Change Orders. Bid (Cost Proposal). Supplementary Conditions, as amended and shown in Exhibit "C." General Conditions, as amended and shown in Exhibit "D." Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. Other Specifioations, 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. Qualification, Status, and Duties of Contractor. Contractor represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services. Contractor further represents and warrants that the project director and every individual charged with the performance of the Services under this Contract are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services.’ In reliance on the representation and warranty set forth in this Contract, City hires Contractor to perform, and Contractor covenants and agrees that it will furnish or cause to be furnished, the Services.] Contractor will assign Morris Wright as the project director to have supervisory responsibility for the p erformance, progress, and execution of Services. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director for any reason, the appointment of a substitute project director will be subject to the prior written approval of the City’s project manager. Architectural services will be provided by C. David Robinson Architects who are lawfully licensed to practice architecture in the State of California. Contractor represents and warrants that it will procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Services. Contractor represents and warrants that it will keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract, any materials used in Contractor’s performance under this Contract, or the performance of the Services; Contractor represents and warrants that it will, at all times observe and comply with, and cause its employees and contractors (and consultants), if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and Contractor represents and warrants that it will report immediately to the Project Manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications or provisions of the Contract. Contractor represents and warrants that it will provide any reports, information, data or other material given to, or prepared or assembled by, Contractor or its contractors, if any, under this Contract will become the property CITY OF PALO ALTO: RFP 114569 PAGE 2 OF 10 FORMAL CONTRACT of City and will not be made available to any individual or organization by Contractor or its contractors, if any, without the prior written approval of the city manager. Contractor represents and warrants that it will be responsible for employing or engaging all persons necessary to perform the Services, including but not limited to architecture. All contractors of Contractor will be deemed to be directly controlled and supervised by Contractor, which will be responsible for their performance. If any employee and contractor of Contractor fails or refused to carry out the provisions of the Contract of appears to be incompetent or to act in a disorderly or improper manner, the employee or contractor will be discharged immediately from further performance under the Contract on demand of the City’s project manager. Duties of City. City will furnish or cause to be furnished the specified services set forth in Exhibit "A" and such other information regarding its requirements as may be reasonably requested by Contractor. The city manager will represent City for all purposes under this project manager or the city manager. The Project Manager execution of the Services, and will be assisted by Woojae Kim, Contract. Elizabeth Ames is designated as the will supervise the performance, progress, and the Project Engineer. If City observes or otherwise becomes aware of any default in the performance of Contractor, City will use reasonable efforts to give written notice thereof to Contractor in a timely manner. Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid (Cost Proposal)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. 10. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Request for Proposal 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 and 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 be half. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 20 of this Contract. In the event that hazardous materials removal is required in the course of the project, the Contractor or its contractors performing :the abatement shall have Asbestos Pollution insurance coverage on the terms and conditions and in amounts as may be required by the Risk Manager. Workers’ Compensation. Contractor, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Services. 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 Contracto¢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 CITY OF PALO ALTO: RFP 114569 PAGE 3 OF 10 FORMAL CONTRACT 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 arising 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 UoS.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account 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 amended); or under any other local, state or federal law, statute or ordinance, or at common law. 11.Assumption 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. 12.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 breach of 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 arise 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. 13.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 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. 14.Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Request for Proposal. 15.Termination or Suspension of Contract or Services durinq the Desiqn and Development Phase. The city manager may suspend the performance of the Services, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to Contractor. Upon receipt of such notice, ontractor will immediately discontinue its performance of the Services. Contractor may terminate this Contract or suspend its performance of the Services by giving (30) days’ prior written notice thereof to city, but only in the event of a substantial failure of performance by City or in the event City indefinitely withholds or withdraws its request for the initiation or continuation of the Services to be performed. CITY OF PALO ALTO: RFP 114569 PAGE 4 OF 10 FORMAL CONTRACT Upon such suspension or termination by City, Contractor will be paid for the Services actually rendered to City on or before the effective date of suspension or termination; provided, however, if this Contract is suspended or terminated on account of a default by Contractor, City will be obligated to compensate Contractor only for that portion of the Services which are of direct and immediate benefit to City, as such determination may be made by the city manager acting in the reasonable exercise of her discretion. Upon such suspension or termination, Contractor will deliver to the city manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Contractor or its contractors, if any, or given to Contractor or its contractors, if any, in connection with this Contract. Such materials will become the property of City. ¯ The failure of City to agree with Contractor’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgement, will not be construed as a failure on the part of Contractor to fulfill its obligations under this Contract. 16.Representations 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: ao Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; 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; C°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 file d, on the date that final payment is made hereunder; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. e°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; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Request for Proposal; go Contractor 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 performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; 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; cITY OF PALO ALTO: RFP 114569 PAGE 5 OF 10 FORMAL CONTRACT Contractor has furnished 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 conditions of the Project site. 17.Assignment. This Contract and the performance required hereunder is for the personal services of Contractor, therefore, Contractor will not assign, transfer, convey, or otherwise dispose of this contract or any right, title or interest in or to the same or any part thereof without the prior written consent of City. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void and, at the option of the city manager, the Contract may be terminated. This Contract will not be assignable by operation of law. 18.Claims 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. 19.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 no such hours, during the regular business hours of City. 20.Notices. 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 private 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 94303 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 CITY OF PALO ALTO: RFP 114569 PAGE 6 OF 10 FORMAL CONTRACT To Contractor: Berkeley Builders, Inc., dba BBI Construction 1155 Third Street #230 Oakland, CA 94607 Attn: Moe Wright 21. 22. Appropriation of City 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 event of a conflict with any other provision of this Contract. Conflict of Interest. In accepting this contract, Contractor covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Contractor further covenants that, in the performance of this contract, it will not employ any contractor or person having such an interest. Contractor certifies that no person who has or will have any financial interest under this Contract is an officer or employee of City; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. Miscellaneous. 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. 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 City’s Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. Definitions as noted in section 1 hereof take precedence over definitions listed in the City’s Specifications. 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 superior governmental authority. 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 4 hereof and all documents which may, from time to time, be referred to in any duly executed amendment CITY OF PALO ALTO: RFP 114569 PAGE 7 OF 10 FORMAL CONTRACT hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. ho Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning 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 Contract 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. k°Resolution. Contractor shall submit 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 rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 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. O°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 California in the County of Santa Clara in the City of San Jose or i’n the United States District Court for the Northern District of California in the City of San Jose. qo 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. CITY OF PALO ALTO: RFP 114569 PAGE 8 OF 10 FORMAL OONTRAOT IN W~TNE$$ WHEREOF. ltle parties have by their duly al~ointed r~presenta~e~ executed this Corrl~act in the eJty ofPalo ARo, County sa~ Clara. s~t~ of Callfomia on the ~ first stated ~bev, CITY OF" PALO ALTO City Clerk. , APPROVED AS TO FORM: . City :APPROVED: Berkeley Builders, Inc. dba BBI ConstructionCONTRACTOR: ,~ " ’ , ....... By: Name:Morris W£-i~ht ,, Rile; Secretar7 Treasur~F’ Name: (Compliance with California Cor~ratlons Code Be~Jen 313 b requlr~l If the entity on who~ behslf, thls contract i~ signed Is a omorat~on, In the aRem=,~e, a earthed cor~oram r~,olu~..on ~.ting ~o’the stgrratory authority of Re Individmds stgntn0 In their respe~ve ~l~tcities is e~-egtable) Att=chments: "Exhibit "A": Design and Build Soope of Services and Cost Proposal Exh~it "B’: Project 8chedule,~xhibit "C": Section 00811 o Supplementary Condition~ Exhlblt "D’: Sectton 00700. General Conditions CITY OF PALO/q.TO: RFP 114rAi9 FOm~AL ~ONTRAC~" CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) .. ,, . _ .......fly ~........... pe~nm to me " to ~ the per~on~hone na~ I~su~ to ~ within Instrument by hl~~si8n~re~on the vnst~mmnt the ~n~ or ~hm e~l~ upon b~half ~ ~t~ ~e ~o~ ¯ ~, e~ the ln~me~.. WITNI~88 my hand ancl official seal. ’ (Seal) CITY OF= PALO ALTO:~PAgE 10 OF 10 Exhibit A LUCIE STERN COMMUNITY THEATRE HVAC UPGRADE AND ADA ACCESS COMPLIANCE IMPROVEMENTS Scope of Services and Cost Proposal PrqiectDescription The Project includes upgrading the HVAC, ADA and associated electrical upgrades for the Lucie Stern Community Theatre (Theatre) including the auditorium and theatre stage, green room, office rooms, rehearsal stage, costume shop based on specific recommendations of the Feasibility Study to Install New Air Conditioning for Lucie Stern Theatre by Ruth and Going, Inc., dated February 18, 1998. The new HVAC system upgrade will include, but not be limited to, installing new cooling coil units and condensing units, upgrading the existing ducts to carry the new air flows, upgrading the associated electrical system, and installing ADA upgrades to meet current code. The Project shall be completed by June 1, 2000. Prqiect Approach BBI Construction shall provide design, management, administration and construction services necessary for a complete and operational HVAC system along with associated ADA and electrical improvements as required by the current code for the Theatre. The Project consists of design and construction phases and Tasks for each phase, Public Outreach and Community Process meetings. A detailed design criteria for the HVAC system and related acoustical and theatrical design shall be confirmed and documented at the outset of the project, and monitored at each stage of completion. Scope of Services Design Phase Task 1 Project Orientation and Definition This task includes preliminary coordination meetings with the Palo Alto Public Works and Community Service Departments to further define the scope of work, and even redefine the work where there are sensible and compelling reasons to do so. Also this task includes development of the project schedule, facilitation of the formal kick off meeting, site visits and review of existing feasibility reports and As-Builts. S:AMES\CT-HVAC\SCOPEXA.DOC EXHIBIT A June 24, 1999 Page 2 of 8 Specific duties will include: Preliminary meetings Development of a detailed project schedule and scope of work Facilitation of kickoff meeting Review of existing feasibility reports and As-Builts Participation in: Organization of Community Process Preparation of Presentation Materials Meetings as required Task 2 30% Design Phase Final base documentation and existing conditions confirmation. Lucie Stern Community Theatre include: Base drawings of the Site & Roof Plan Floor Plans East & North Exterior Elevations Confirmation and schematic development of proposed design and system criteria including coordination with Public Works, City Planning and Community Theatre Staff. Confirm existing conditions regarding system capacity and supply air. Conduct an electrical load analysis as required by the City. Two (2) project meetings at the project site to be coordinated and attended by the Architect. One (1) outreach meeting with Theatre staff and the public, to be coordinated and attended by Construction Contractor and Architect. Preparation and submission of Environmental Assessment (EIA) in conformance with the California Environmental Quality Act, Historic Resources Board (HRB), and Architectural Review Board (ARB) applications and materials. Coordination of and attendance at one (1) HRB and one (1) ARB meeting, to be coordinated and attended by the Architect. Deliverables: Three (3) sets of base drawings and existing conditions reports. Eight (8) sets of 24"x36" - 30% schematic design plans. Fifteen (15) sets of 12"x18" - 30% schematic design plans. S :AMES\CT-HVAC\SCOPEXA.DOC EXHIBIT A June 24, 1999 Page 3 of 8 Fifteen (15) copies of EIA, HRB and ARB applications and associated materials. One (1) set of rendered schematic design plans and elevations, for public presentation. Copies of project meeting .minutes and formal project correspondence. Task 3 50% Design Development and Construction Documents Provide f’mal architectural, historic architectural and engineering evaluations. Acoustical engineering evaluation and design shall insure that the new HVAC system improvements add no additional noise affect on the Theatre and on the adjoining neighborhood. This work shall include documentation of existing acoustical conditions at the Theatre’s interior and exterior to determine baseline, existing acoustical conditions at both daytime and nighttime hours. This also includes a consultation to determine a preferred design to insure that the selected HVAC system alterations conform to specified acoustic requirements. Preparation of 50% construction documents and specifications, incorporating revisions and clarifications based on community, City and Design/Build team findings. One (1) outreach meeting with Theatre staff and the public, to be coordinated and attended by Construction Contractor and Architect. Two (2) project meetings at the project site, to be coordinated and attended by the Architect. Preparation and submission of materials for follow-up environmental, historical and architectural reviews. Coordination of and attendance at one (1) HRB and one (1) ARB meeting, to be coordinated and attended by the Architect. Deliverables: Eight (8) sets of 24"x36" -50% design development/construction plans and specifications. Fifteen (15) sets of ll"x17" - 50% design development/construction plans and specifications. One (1) set of rendered schematic design plans and elevations, for public presentation. Copies of project meeting minutes and formal project correspondence. Task 4 90% and 100% Construction Documents and Permit Submission Provide f’mal design and construction documents including the preparation of 90% and 100% construction documents and specifications, incorporating revisions and clarifications based on community, City and Design/Build team findings. S :AMES\CT-HVAC\SCOPEXA.DOC EXHIBIT A June 24, 1999 Page 4 of 8 Two (2) project meetings at the project site, to be coordinated and attended by Architect. Preparation and submission of planning, building and all other necessary permit applications as required for construction. Deliverables: Eight (8) sets of 24"x36" - 90% construction plans and specifications. Fifteen (15) sets of l l"x17" - 90% construction plans and specifications. Three (3) sets of 24"x36" - 100% construction plans and specifications. Three (3) sets of l l"x17" - 100% construction plans and specifications. Copies of project meeting minutes and formal project correspondence. Task 5 Hazardous Materials Analysis Conduct a selective hazardous materials analysis. Provide a report and abatement work plan or specifications to be incorporated into the construction documents. Task 6 ADA Access Improvements Provide ADA access design and construction documents complying with ADA and Title 24 requirements for the Theatre’s lobby, auditorium, men and women’s toilets and corridor. Task 7 Investigation of Water Seepage at Basement Investigate the water seepage in the basement through the supply duct under the auditorium seating and recommend mitigation measures. Task 8 Design Management and Administration BBI Construction shall act as project coordinator and the point of contact for all communications and interaction with the consultants and city staff. ¯Provide environmental, historical and architectural reviews necessary for City approvals ¯Conduct review of the plans and specifications. ¯Meet with City staff to review comments ad resolve questions. Construction Phase Task 1 HVAC Systems Upgrade S :AME S\CT-HVAC\SCOPEXA.DOC EXHIBIT A June 24, 1999 Page 5 of 8 BBI Construction shall obtain all appropriate permits before initializing any construction work. Auditorium: *Modify existing return duct, outside air ducts and the mixing air plenum. *Install new cooling coil at existing heating and ventilation system in the Basement. *Install two new condensing units at building exterior, with associated refrigerant lines to new cooling coils. Modify the existing HVAC control system, and balance the system. Theatre Stage: Install new HVAC unit at the rooftop’s building exterior, including new gas service line from an existing gas service connection. Install new sheet metal supply and return ducts, registers and outlets to Theatre Stage. Ducts to be run exposed at the interior side of upper sidewalls at Theatre Stage. Install new HVAC control system with remote and timer controls, and balance the system. Green Room/Office Install new cooling coil at existing heating and ventilation unit located at upper portion of Paint Room. Install new condensing unit at building exterior, with associated refrigerant lines to new cooling coil. Modify the existing HVAC control System, and balance the system. Rehearsal Stage/Costume Shop: Install new cooling coil at existing heating and ventilation unit located in Rehearsal Stage attic, including expansion of the existing plywood work platforms at the attic. Install new condensing unit at building exterior, with associated refrigerant lines to new cooling coil. Architectural and structural improvements to appropriately house the HVAC equipment as identified in the 1998 Feasibility Study: *Reconstruct the existing flat roof to support the new equipment loads. *Construct parapet walls to house and acoustically isolate the new HVAC equipment. Task 2 Electrical Upgrade Provide an electrical upgrade as required for HVAC improvements. Install new 400A distribution panel adjacent to new HVAC equipment at building exterior. S :AMES\CT-HVAC\SCOPEXA,DO~ EXHIBIT A June 24, 1999 Page 6 of 8 Install new 400A 3P feeder breaker at existing building main switchboard with new 400A exposed conduit feeder to new distribution panel. Install new wiring connecting new distribution panel and new HVAC units, along with receptacles at new equipment locations. Install new disconnect switch and A/C unit terminations. Task 3 ADA Access Improvements ® Lobby: Remove a portion of existing stairs and flooring and construct new ramp with flooring and handrails to match or be compatible with the existing, adjacent materials. Extend stair handrails to match the existing and maintain path of travel. Provide new directional signage to existing Toilet Rooms. Auditorium: Modify existing door from Lobby to Auditorium to provide electronic, push button door operations for disabled access. ¯Provide signage indicating accessible entry at modified door. ¯Install listening system if required. Women’s Toilet Room: ¯Install piping insulation at lavatory. ¯Relocate existing toilet room accessories to meet accessibility requirements. Men’s Toilet Room: Install piping insulation at lavatory. , Modify existing toilet with new elevated toilet seat. Corridor: Provide warning strip at edge of existing ramp. . Modify handrails to meet accessibility requirements. Task 4 Hazardous Materials Analysis Abate hazardous materials directly associated with the construction of HVAC and access improvements. Task 5 Construction Management and Administration BBI Construction shall act as project coordinator and the point of contact for all communications and interaction with the subcontractors, consultants and City staff. S :AMES\CT-HVAC\SCOPEXA.DOC EXHIBIT A June 24, 1999 Page 7 of 8 Keep the Theatre fully operational in conformance with the Theatre’s Room Use Schedules dated, May 27, 1999. Conduct a pre-construction conference and weekly construction meetings approximately 2 hours each. Review, monitor and update the construction schedules. Prepare reports documenting the progress of construction. Take photographs of the construction progress. Process submittals and monitor design reviews. Perform all construction administrative activities including correspondence and document control. Oversee the design clarification process. Provide construction observation and oversee quality control. Monitor As-Built record drawings. Oversee preparation of the operations and maintenance manual and plan of operation. Provide f’mal inspection and coordinate start-up. Deliverables: Three (3) sets of 24"x36" As-Built plans and specifications. One (1) set of original (right reading Mylar) of the As-Built condition. Floppy disk of the As-Built plans and specifications in AutoCAD or DXF format. Three (3) sets of Operations and Maintenance manuals and test reports. Copies of project meeting minutes, schedules and formal project correspondence. One (1) job site or permit drawing set after construction completion. Cost Proposal The design and construction of a complete operable system for the above mentioned Project is a lump sum fee of $613,000. S:AMES\CT-HVAC\SCOPEXA.DOC EXHIBIT A COST PROPOSAL LUCIE STERN COMMUNITY THEATRE HVAC UPGRADE AND ADA ACCESS COMPLIANCE IMPROVEMENTS BBI CONSTRUCTION HVAC Systems Upgrade Includes mechanical design and construction Electrical Upgrade Includes electrical design and construction ADA Access Improvements Includes: lobby, auditorium, women’s toilet, men’s toilet, corridor Hazardous Materials Analysis and Abatement Allowance Investigation of Water Seepage at Basement Allowance Design and Construction Management, Administration Includes Architectural design fees, bonding, contractor fees (o&p) $323,876 $26,021 $71,137 $2,445 $3,000 $186,521 TOTAL CONTRACT AMOUNT $6131000 06/24/99 Page 8 of 8 Exhibit B 0 ID Exhibit C City of Palo Alto Lucie Stern HVAC Upgrade and ADA Access Compliance Improvements, RFP 114569 June 1999 SECTION 00811 - SUPPLEMENTARY CONDITIONS PART 1 GENERAL 1.01 RELATED DOCUMENTS AIA Document A191, Part 2, Standard Form of Agreements Between Owner and Design/Builder, dated 1996, as amended in Section 00700. PART 2 - PRODUCTS PART 3 - EXECUTION 3.01 GENERAL These Supplemental Conditions make additions/modifications to the General Cond itions as indicated herein. All provisions which are not so added to/modified remain in full force and effect. Terms used in these Supplemental Condition which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The City of Palo Alto Standard Specifications dated 1992 are hereby incorporated by reference. 3.02 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS In resolving conflicts resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 2. 3. 4. 5. 6. 7. 8. Change Orders Addenda Supplementary Conditions General Conditions General Requirements Technical Specifications Referenced Standard Specifications Drawings. With reference to the Drawings, the order of precedence is as follows: 2. 3 4. Figures govern over scaled dimensions. Detail drawings govern over general drawings. Addenda/c.hange order drawings govern over Contract Drawings. Contract Drawings govern over standard drawings. 3.03 AWARD OF CONTRACT INTENTIONALLY OMITTED 3.04 TIME FOR COMPLETION The work under this contract shall be diligently prosecuted in accordance with the project schedule attached Section 0811 - 1 City of Palo Alto Lucie Stern HVAC Upgrade and ADA Access Compliance Improvements, RFP 114569 June 1999 as Exhibit "B", subject to such extensions and/or reductions as may from time to time during the course of the work be effectuated by change orders duly executed. 3.05 LIQUIDATED DAMAGES INTENTIONALLY OMITTED 3.06 PROJECT HOURS OF WORK The Contractor shall conform his operations to the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday during the life of the contract. The Contractor shall not work on Saturdays, Sundays or CPA recognized holidays. The Contractor shall ensure that the construction activity will not interrupt the theatre’s operations. The Contractor shall not exceed the hours of work unless prior approval is received from the City. 3.07 PROJECT WARRANTY In addition to any specific warranty mentioned in these Specifications, the Contractor shall guarantee that all material, apparatus, equipment, and workmanship used, installed, or incorporated in the work is free from defects, and agree to replace at no expense to the City any and all defective work or materials which become evident within one (1) year from and after the date of acceptance of the work by said City. Such guarantee shall also provide for the repair or replacement in kind of any existing improvements which become damaged during repair of any defective work or materials. Execution of the Contract for the work by the Contractor shall be considered as written agreement with the provisions of this article. 3.08 PERMITS AND INSPECTION The Contractor shall obtain all permits and licenses required to perform this Work. The building, mechanical, and electrical permits required for this project and issued by the City of Palo Alto Division of Building Inspection will be issued to the Contractor free of charge. The Contractor shall pay the cost of all other required permits or licenses. 3.09 EXISTING SITE CONDITIONS Accuracy of Data: Data given herein and on the plans are as exact as could be secured, but their absolute accuracy cannot be guaranteed. Exact locations, distances, elevations, etc., shall be governed by field conditions and the Engineer. go Site visits: All bidders are invited to visit the work site prior to preparing bids. All bidders shall be responsible for making their own measurements and deductions, and gathering their own information on which to base their bids. No allowance will be subsequently made for any error or omission made by any bidder due to non-conformance with this provision. Protection of Existing Facilities: All existing facilities which are not scheduled to be removed shall be maintained in an undisturbed condition. Section 0811 - 2 Ci~ of Palo Alto Lucie Stern HVAC Upgrade and ADA Access Compliance Improvements, RFP 114569 June 1999 Any private property or city property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the Engineer, and shall be restored to its original condition at the Contractor’s expense. Any damage noted, or seen, by the Contractor, that has occurred by any means other than during the performance of the Contractor’s work, whether by vandalism or other means, shall be promptly reported to the Engineer. Particularly, all hazardous conditions shall be reported. 3.10 EXISTING UTILITIES Prior to the start of construction, the Contractor shall be responsible for notifying Underground Services Alert (USA) 800-642-2444 at least 48 hours prior to beginning underground work so that existing utilities can be marked in the field. The Contractor shall acknowledge that the marking of underground utilities is only approximate, and he shall take all necessary precautions to avoid damaging these utilities. Any utilities damaged or altered in any way during the performance of the work under this contract shall be promptly reported to the Engineer, and shall be restored to their original condition at the Contractor’s expense. If the Contractor comes into contact with any existing utilities during his operations, he shall notify the Engineer before proceeding with the work involved. 3.11 SAF ETY The Contractor shall be solely and completely responsible for job site conditions and safety during the life of the Contract. This obligation shall include the safety of all persons within or affected by the line of construction and all private property affected by the work. At his sole expense, Contractor shall furnish, erect and maintain such temporary fences, barricades, signs, lights, ramps, and temporary construction of whatever nature as may be necessary to provide access to abutting properties and to warn the public of the work in progress and of any dangerous conditions as may exist due to the work in progress. The Contractor’s responsibility shall be continuous and not be limited to working hours or days, and shall not cease until formal acceptance of the work by the City except that if the City should make partial acceptance of the work, the Contractor’s responsibility for the portion of the work so accepted shall thereupon cease, except for latent errors in the work or faulty construction. The Contractor shall defend, indemnify, and hold harmless the City, its officers, consultants, agents and employees, and the Engineer from any and all liability, real or alleged, resulting from the Contractor’s operations, except for liability arising from the sole negligence of the City, et al. The duty of the Engineer, his agents, or employees, to conduct construction review of the Contractor’s performance and operations is not intended to, and does not include review of or responsibility for the adequacy of the Contractor’s safety measures and procedures in, on, or adjacent to the site of the Work. 3.12 PROTECTION OF WORKERS IN TRENCH EXCAVATIONS Section 0811-3 City of Palo Alto Lucie Stern HVAC Upgrade and ADA Access Compliance Improvements, RFP 114569 June 1999 As required by Section 6705 of the California Labor Code, and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the Owner or by a registered civil or structural engineer, employed by the Owner, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefor shall be included in the price named in the Contract for completion of the Work as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective sy stem less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the Owner, Engineer, or any of their officers, agents, representatives, or employees. 3.13 DUST ALLEVIATION AND CONTROL As elsewhere provided herein, the Contractor shall be responsible for all dust alleviation and control measures necessary and required for the public safety and convenience during the life of the contract. The contractor shall provide and install canvas and/or polyethylene dust barriers to prevent dust and_dirt, resulting from the contractor’s operations, from drifting outside specified work areas. The active construction area shall be swept and cleaned at least once a week. Additional clean ups may be required if there is a nuisance to the public. Compensation for water applied as alleviation and/or prevention of dust nuisance shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. 3.14 DELAYS BY OTHERS Any act or omission of anything required by the City of Pal Alto, its officers, consultants, agents, or employees, which shall cause the Contractor delay in the completion of the work shall be grounds for extension of the time for completion of the work, but the Contractor shall have no claim for damages due to any such delay. Should the Contractor be delayed by reason of changes, modifications, or alterations made by the City of Palo Alto not contemplated by the Contractor, the time for completion of the work shall be extended proportionately, but the Contractor shall have no claim for damages due to any such delay. 3.15 CONTRACTOR’S UTILITIES The City will provide electricity, water and gas required for this project. The Contractor shall provide necessary connections and wiring for the power equipment. The Contractor shall coordinate specific requirements for the construction trailer and equipment. The Contractor shall provide temporary lighting sufficient to perform the work. END OF SECTION Section 0811 - 4 Exhibit D City of Palo Alto Lucie Stern HVAC Upgrade and ADA Access Compliance Improvements, RFP 114569 June 1999 SECTION 00700 - GENERAL CONDITIONS PART t - GENERAL The General Conditions shall be AIA Document A191, Part 2, Standard Form of Agreements Between Owner and Design/Builder, dated 1996, as amended in this Section 00700. The following sections are amended to read as provided below: Delete section 1.1.1 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.3.1 Drawings, specifications, and other documents and electronic data furnished by the Design/Builder shall become property of the Owner and a public record. The Owner shall be permitted to retain copies, including reproducible copies, of drawings, specifications, and other documents and electronic data furnished by the Design/Builder for information and reference in connection with the Project. 1.3.3 If the Design/Builder defaults in the Design/Builder’s obligations to the Owner, the Architect shall provide to Owner, without reservation, all drawings, specifications, and other documents and electronic data. Delete sections 1.3.2 and 1.3.4 Delete all of section 3.3 ADDITIONAL SERVICES 5.1.8 Owner shall make monthly and final payments in accordance with Article 5, provided however that ten (10) percent of each progress payment will be withheld by the Owner. Contractor shall provide waivers and lien releases in accordance with Civil Code section 3262 from all persons who may be potential claimants as a prerequisite to the Owner’s obligation to make the final payment. 5.2.2 Final payment of the withholding will be made ten (10) days after the expiration of the time for filing claims under Mechanics Lien laws of the State of California. Delete 5.2.3 Delete all of Article 7, INSURANCE AND BONDS 8.3.2.6 The reasonable allowance for overhead and profit shall in no case exceed fifteen (15) percent. Delete all of Article 13, BASIS OF COMPENSATION PART 2 - PRODUCTS PART 3 - EXECUTION END OF SECTION Section 0700- 1 ATTACHMENT D