HomeMy WebLinkAbout1999-07-19 City Council (5)City of Palo Alto
Manager’s
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:JULY 19, 1999 CMR:311:99
SUBJECT:APPROVAL OF AMENDMENT #1 FOR CONTRACT C9105211
WITH BENEDIKT STREBEL CERAMICS, AND APPROVAL OF
AMENDMENT #1 FOR CONTRACT C9105179 WITH
RENAISSANCE FORGE FOR DOWNTOWN URBAN DESIGN
IMPROVEMENTS PROJECT, PHASE 1: CONSTRUCTION,
CIP#19608 - PUBLIC ARTWORK
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RECOMMENDATION
Staff recommends that Council:
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Approve and authorize the Mayor to execute the attached contract amendment
with Benedikt Strebel Ceramics in the amount of $69,583 for the Downtown
Urban Design Improvements Project, Phase 1 (CIP#19608).
Authorize the City Manager or her designee to negotiate and execute one or
more change orders to the contract with Benedikt Strebel Ceramics for related,
additional but unforeseen work which may develop during the project, the total
value of which shall not exceed $3,500.
Approve and authorize the Mayor to execute the attached contract amendment
with Renaissance Forge in the amount of $206,016 for the Downtown Urban
Design Improvements Project, Phase 1 (CIP#19608).
Authorize the City Manager or her designee to negotiate and execute one or
more change orders to the contract with Renaissance Forge for related,
additional but unforeseen work which may develop during the project, the total
value of which shall not exceed $10,000.
CMR:311:99 Page 1 of 4
DISCUSSION
Master Plan Description
The work to be performed under the contract is a smaller, but significant, part of the
Downtown Urban Design Improvements Project that consists of the implementation of
various improvements in downtown Palo Alto - a 17 block area bounded by Alma
Street, Lytton Avenue, Middlefield Road, and Hamilton Avenue, and includes
University Avenue, Lytton Plaza, Cogswell Park, public streets, sidewalks, and
parking lots. The scope of the Phase 1 Master Plan Improvements includes the
renovation of major University Avenue intersections; new public artwork (ceramic and
metal work); custom designed rail/news racks, new lighting, pedestrian amenities, and
signage to be located throughout the downtown area; and the installation of two
automatic public toilets (APTs).
The Downtown Urban Design Improvements Master Plan and Phase 1 Improvements
were reviewed by the Historic Resources Board (HRB) on April 16, and the
Architectural Review Board (ARB) on April 17, 1997. The Planning Commission,
ARB, and Council approval of the Master Plan and Phase 1 Improvements were on
May 14, May 15, and August 11, 1997 respectively. Award of contract for the major
components of the Downtown Urban Design Improvements is scheduled for August
1999, with construction to begin in the fall of 1999. Special project schedule
conditions require the contractor to cease street and sidewalk activities for the duration
of the Palo Alto Arts Festival and Holiday shopping season.
Artists’ Contract Services
In summer 1997, the Public Arts Commission (PAC), along with an appointed
representative from the Architectural Review Board (ARB), interviewed several artists.
During the interview, samples of each artist’s work were presented along with
documentation of their past work. As a result of the interview process, the PAC
selected Benedikt Strebel Ceramics and Renaissance Forge for the artistic portion of the
Downtown Urban Design Improvements Project, Phase 1.
Work to be performed under these artists’ contracts consists of the fabrication of
custom tiles and the installation of tiles onto modified concrete walls at the following
University Avenue intersections: University and Emerson, University and Bryant,
University and Waverly, and University and Cowper. In addition, hand made, artistic
bronze panels will be forged and installed onto the walls above the tiles and on metal
railings and news racks, which will act as screening between pedestrians and side street
traffic. Final Public Arts Commission (PAC) and Architectural Review Board (ARB)
approval for the public artwork was granted on August 20, 1998, and construction is
CMR:311:99 Page 2 of 4
scheduled to commence in the fall of 1999. Implementation of the artwork will be
phased to minimize disruption to pedestrian circulation at all major intersections.
In August 1998, under contract C9105211, Benedikt Strebel Ceramics fabricated and
installed custom-designed artistic tiles onto a modified concrete wall on the corner of
Cowper and University. At the same time, under contract C9105179, Renaissance
Forge fabricated and supervised the installation of hand-crafted artistic bronze panels
onto the same wall as the tile and an adjacent metal news rack and railing. This field
"mock-up" was constructed for the purpose of obtaining final PAC and ARB approval,
which was granted on August 20, 1998. The project was planned for implementation in
two steps: the mock-up, and the full-scale implementation of the mock-up work.
The attached amendment to the contract with Benedikt Strebel Ceramics in the amount
of $69,583 covers fabrication, delivery, and construction services for artwork for the
Downtown Urban Design Improvements Project, Phase 1. This work involves the full-
scale implementation of the tile portion of the field mock-up work, as defined in the
Council-approved CMR:355:97, Downtown Urban Design Improvements Master Plan.
The attached amendment to the contract with Renaissance Forge in the amount of
$206,016 covers fabrication and supervision services for artwork for the Downtown
Urban Design Improvements Project, Phase 1. This work also involves the full scale
implementation of the artistic metal panel portion of the field mock-up work, as defined
in the Council-approved CMR:355:97.
RESOURCE IMPACT
Funds for the two contract amendments are currently available in the Downtown Urban
Design Improvements Capital Improvement Project #19608. However, the amount
budgeted for the artwork has exceeded the consultant’s estimate by $54,349. In order
for the artists to deliver their artwork for installation coinciding with construction,
sufficient lead time is necessary. For the efficient use of staff time in implementing this
project, and to address the lead time necessary for the artists, staff will return to
Council with a request for a Budget Amendment Ordinance with the award of
construction contract for all other scheduled and Council-added items included in the
Downtown Urban Design Improvements Project, Phase I.
POLICY IMPLICATIONS
As part of the Downtown Urban Design Improvements Project, this portion of the
Phase 1 construction will implement needed streetscape improvements identified in the
Downtown Urban Design Guide for the purpose of keeping the downtown a vibrant and
desirable place for pedestrians and retailers. These improvements are consistent with
the Urban Design Element of the Comprehensive Plan, Policy 5, "Encourage
rehabilitation of aging retail areas to keep them economically healthy."
CMR:311:99 Page 3 of 4
ENVIRONMENTAL REVIEW
An environmental assessment alad a Negative Declaration of no significant
enviromnental impact was presented to Council as an attachment to CMR:355:97.
Council adopted the Negative Declaration as part of the approval actions taken pursuant
to that report.
ATTACHMENTS
Attachment A: Amendment No. One to Contract No. C9105211 with Benedikt
Strebet dba Benedikt Strebel Ceramics
Attacl-n-nent B:Amendment No. One to Contract No. C9105179 with Angelo Garro
dba Renaissance Forge
PREPARED BY: James Harrington, Senior Engineer
DEPARTMENT HEAD: ~.~ ~-@"~"-"-
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
Assistant City Manager
CMR:311:99 Page 4 oi"4
ATTACHMENT A
AMENDMENT NO. ONE TO CONTRACT NO. C9105211
BETWEEN THE CITY OF PALO ALTO AND
BENEDIKT STREBEL dba BENEDIKT STREBEL CERAMICS
FOR CONTRACTOR SERVICES
This Amendment No.One to Contract No. C9105211
("Contract") is entered into , by and between
the CITY OF PALO ALTO, a chartered city and a municipa! corporation
of the State of California ("CITY"), and BENEDIKT STREBEL dba
BENEDIKT STREBEL CERAMICS, located at 978 Guerrero Street, San
Francisco, California 94110 ("CONTRACTOR").
RECITALS:
WHEREAS, the Contract was entered into between the
parties for the provision of tile fabrication and installation
services ("Services"); and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment No. One, the parties
agree:
follows:
SECTION !. Section 4.1 is hereby amended to read as
"In consideration of the full performance of
the Services by CONTRACTOR, CITY wil! pay
CONTRACTOR an additiona! sum not to exceed
Sixty-Nine Thousand Five Hundred Eighty Three
Dollars and Eighteen Cents ($69,583.18)
payable within thirty (30) days of submission
by CONTRACTOR of its itemized billing, in
triplicate, in accordance with the following
fee schedule set forth in Exhibit "B", for a
total sum of $74,433.18."
follows:
SECTION 2.Section 6.1 is hereby amended to read as
"For a period of one (i) year after CITY’s
acceptance of CONTRACTOR’s services,
CONTRACTOR agrees to protect,indemnify,
defend and hold harmless CITY,its Counci!
members, officers,employees and agents from
any and all demands, claims, or liability of
any nature, including death or injury to any
person, property damage or any other loss,
990624 sdl 0052259
caused by or arising out of CONTRACTOR’s, its
officers, agents, subcontractors, or
employees’ negligent acts, error or omissions,
or willful misconduct, or conduct for which
applicable law may impose strict liability on
CONTRACTOR in the performance of or failure to
perform its obligations under this Contract."
SECTION 3. The following exhibits to the Contract are
hereby amended to read as set forth in the attachments to this
Amendment No. One, which are incorporated in full by this refer-
ence:
a.Exhibit "A" entitled "Scope of Work - Implementation
Phase II".
b. Exhibit "B" entitled "Amended Payment Schedule".
SECTION 4. Except as herein modified, all other
provisions of the Contract, including any exhibits and subsequent
amendments thereto, shal! remain in full force and effect.
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990624 sdl 0052259
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this Amendment No. One on the
date first above written.
ATTEST :CITY OF PALO ALTO
City Clerk
AgPROVZD /IS TO FORM:
Senior Asst. City Attorney
A~PROVED:
Assistant City Manager
Director of Administrative
Services
Director of Public Works
Mayo r
BENEDIKT STREBEL dba BENEDIKT
STREBEL CERAMICS
Taxpayer Identification No.
554-85-6111
Risk Manager
Attachments:
EXHIBIT "A":
EXHIBIT "B":
SCOPE OF WORK -IMPLEMENTATION PHASE II
AMENDED PAYMENT SCHEDULE
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF .~!
county oF
On ~Z~ /~, ~, before me, the undersigned, a
notary public in and ’for said County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person~) whose name(~)
subscribed to the within instrument, and acknowledged to me. that
he/~d~e/t~ executed the same in his/~/~r authorized
capacity~), and that by his~/~ir signature~ on the
instrument the person~, or the ~ntity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
4
0052259
PALO ALTO URBAN DESIGN
IMPLEMENTATION
PHASE II
SCOPE OF WORK for
Amendment to Ceramic Tiles contract #C9105211 between the City of Palo Alto and Benedikt
Strebel, dba Benedikt Strebel Ceramics
Project Location and Description:
Custom ceramic tiles to be furnished and installed on existing, modified concrete walls at the
following four University Avenue intersections:
University & Emerson (3 of 4 comers)
University & Bryant (4 of 4 comers)
University & Waverly (4 of 4 comers)
University & Cowper (4 of 4 comers)
For exact locations, refer to Bid Set Construction Documents (CDS), titled "Palo Alto Urban
Design Implementation" Project #19608, issued by Wallace Roberts & Todd.
This Capital Improvement Project (CIP) #19608 will be built by a general construction contract
issued by the City of Palo Alto. The general contractor for CIP#19608 will be required to submit
¯ a detailed project schedule for review and approval by the City. The schedule will account for all
general construction activities necessa~" for completion of the project including coordination and
installation of the public art elements which are integral to the project and appear on the Bid Set
CDS. The City will verify concurrence to the proposed schedule by the artistic contractors
(Benedikt Strebel dba Benedikt Strebel Ceramics, and Angelo Garro dba Renaissance Forge)
prior to issuing approval of the schedule to the general contractor.
Scope of Work:
1.All ceramic tiles to be manufactured by Benedikt Strebel.
Ceramic tiles to form a continuous tile cap to cover top of concrete walls as shown in the
Bid Set CDS and the example (mock-up) walt on the northerly comer of University and
Cowper.
3.Exact quantities of tiles to be determined by Benedikt Strebel.
Color of tiles to match as closely as possible the tile samples approved bv the City of
Palo Alto Public Arts Commission. Exact and final colors of ceramic tiles to be
determined by Benedikt Strebel.
Ceramic tiles to be delivered bv Benedikt Strebel to the City of Pa!o Alto according to
dates specified in the Construction Schedule (to be determined). Any changes or delays
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to the dates specified by the Construction Schedule must receive prior approval by the
City of Palo Alto, Public Works Engineering.
All tiles to be installed by Benedikt Strebel.
Installation of tiles shall be conducted and completed according to dates specified by the
Construction Schedule (to be determined). Any changes or delays to the dates specified
by the Construction Schedule to be approved by the City of Palo Alto, Public Works
Engineering.
All damaged tile to be replaced by Benedikt Strebel prior to City of Pato Alto acceptance
of work.
Ceramic tiles must be supplied in sufficient quantities at all locations where walls are left
uncut to provide for future installation of tile caps.
10.All materials, tools, and labor to be used in the installation of the tiles are to be supplied
by Benedikt Strebel.
11.Attendance at various project meetings will be required. Attendees will typically include
city staff, genera! contractor (to be determined), representatives from Wallace Roberts &
Todd, and Angelo Garro. These meetings will include pre-construction meetings and
weekly progress meetings.
12.Additional tiles shall be produced and delivered by Benedikt Strebel and stored at a City
of Palo Alto facility to be used for replacement of broken, damaged, or vandalized tiles
after project completion. This "overage" shall consist of 10% extra tiles of each color
and 10% extra of critical point tiles (e.g. comers, oversized, etc.) of each color.
13. Quote provided is inclusive of all miscellaneous charges including sales tax.
Schedule:
Fabrication of tiles shall begin upon first down payment of one-third (less retention) of project
cost and shall not exceed the 14 week production time stated in the Phase II price quotation dated
March 23, !999. It is understood that time is of the essence in this project. The installation of
the tile shall follow the Construction Schedule (to be determined) and shall be coordinated with
the activities of the general contractor.
B E N E D I K T
C E R A
S T R E B E
M I C S
City of Palo Alto Public Works/Engineering
250 Hamilton Ave.
Palo Alto, CA 94301
Invoice for phase II of:
Palo Alto Downtown Improvement Project
March 23, 1999 : " " "" ~
This invoice is for the production and installation of the ceramic work onto the "Bunker
Walls" at the following 4 University Avenue intersections:
¯ University & Emerson (3 of 4 comers)
° University & Bryant (4 of 4 comers)
¯ University & Waverly (4 of 4 comers)
¯ University & Cowper (4 of 4 comers)
Ceramic pieces (straight extrusions and various comers in four different colors)
$ 42’000.-
Sales tax 8.25 %$ 3’465.-
Installation $17’000.- ,
Tool rental $ 1’000.-
Shipping charges $ 500.-
$ 63 ’965.-
Extra pieces: 95 pcs. 12" extrusions 4 colors
8 pcs. 15" extrusions 4 colors
32 pcs. various angles 4 colors
16 pcs. 8" x 12" 4 colors
Sales tax 8.25 %
$ 5190.-
$ 428.18
$ 69’583.18
~e on of~~~eces.q/3 = $ 23’O00.-
°atcom le" " " .-
See payment
schedule B1,
(attached)
2of2
Production time:
I will need 12 to 14 weeks for the production of the ceramic pieces after which they would
be ready for installation.
Production cannot start after 1/3 down payment has been received.
978
SAN
TZL
GUERR RO STR ET
FRANCISCO CALIFORNIA 94ii0
(4i5) 824-7949/777-9319
PALO ALTO URBAN DESIGN
IMPLEMENTATION
PHASE II
AMENDED PAYMENT SCHEDULE for
Amendment to Ceramic Tiles contract #C9105211 between the City of Palo Alto and Benedikt
Strebel, dba Benedikt Strebel Ceramics
Total Cost:$69,583.18
10% Retention:$6,958.32
Balance:$62,624.86
First Down Payment (1/3): 1/3 x $62,624.86 =
Payment Per Intersection Completed (remaining 2/3):
University & Cowper
University & Waverly
University & Bryant
University & Emerson
1/4 x $41,751.99 = $10,438.00
1/4 x $41,751.99 -- $10,438.00
1/4 x $41,751.99 = $10,438.00
1/4 x $41,751.99 = $10,438.00
Subtotal:
Retention (released approximately 45 days after project acceptance):
$20,872.86
$41,752.00
$6,958.32
Grand Total: $69,583.18
ATTACHMENT B
AMENDMENT NO. ONE TO CONTRACT NO. C9105179
BETWEEN THE CITY OF PALO ALTO AND
ANGELO GARRO dba RENAISSANCE FORGE
This Amendment No.One to Contract No. C9105i79
("Contract") is entered into , by and between the
CITY OF PALO ALTO, a chartered city and a municipal corporation of
the State of California ("CITY"), and ANGELO GARRO dba RENAISSANCE
FORGE located at 47 Juniper Street, San Francisco, CA 94103
("CONTRACTOR").
RECITALS:
WHEREAS, the Contract was entered into between the
parties for the provision of metal forging services ("Services");
and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
follows:
SECTION I.Section 4.1 is hereby amended to read as
" In consideration of the full performance of
the Services by CONTRACTOR, CITY will pay
CONTRACTOR an additional sum not to exceed Two
Hundred and Six Thousand Sixteen Dollars and
Nine Cents ($206,016.09) payable within thirty
(30) days of submission by CONTRACTOR of its
itemized billings, in triplicate, in
accordance with the fol!owing fee schedule set
forth in Exhibit "B" for a tota! sum of
$216,316.09."
SECTION 2. The following exhibits to the Contract are
hereby amended to read as set forth in the attachments to this
Amendment No. One, which are incorporated in ful! by this refer-
ence:
a o Exhibit "A" entitled "Scope of Work -
Implementation Phase II".
b. Exhibit "B" entitled "Amended Paymen: Schedule"
SECTION 3. Except as herein modified, all other
provisions of the Contract, including any exhibits and subsequent
amendments thereto, shal! remain in ful! force and effect.
990624 sdl 0052296
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this Amendment on the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
A]PPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Public Works
Mayor
ANGELO GARRO dba RENAISSANCE
FORGE
Taxpayer Identification No.
551-79-3139
Risk Manager
Attachments:
EXHIBIT "A":
EXHIBIT "B":
SCOPE OF WORK
AMENDED PAYMENT SCHEDULE
11:58 ~ II Renaissanoe’For9 P.02
STATE OF
COUNTY OF
On "-~0’~ L~ L~J~ before me, the undersigned, a
notary public in and }o~ ~=’ id County, personally appeared
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.
Sign.a~ure of(~otary~ub~ic
990624 sdl 0052296 3
PALO ALTO URBAN DESIGN
IMPLENIENTATION
PHASE II
SCOPE OF WORK for
Amendment to Bronze art panel contract #C9105179 between the City of Palo Alto and Angelo
Garro, dba Renaissance Forge.
Project Location and Description:
Bronze art panels to be installed on existing, modified concrete wails and side street rails and
newsracks at the following four University Avenue intersections:
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University & Emerson
University & Bryant
University & Waverly
University & Cowper
For exact locations, refer to Bid Set Construction Documents (CDs), titled "Palo Alto Urban
Design Implementation" Project #19608, issued by Wallace Roberts & Todd.
This Capital Improvement Project (CIP) #19608 will be built by a general construction contract
issued by the City of Palo Alto. The general contractor for CIP#19608 will be required to submit
a detailed project schedule for review and approval by the City. The schedule will account for all
general construction activities necessary" for completion of the project including coordination and
installation of the public art elements which are integral to the project and appear on the Bid Set
CDs. The City vail verify concurrence to the proposed schedule by the artistic contractors
(Benedikt Strebel dba Benedikt Strebel Ceramics, and Angelo Garro dba Renaissance Forge)
prior to issuing approval of the schedule to the general contractor.
Scope of "~Vork:
1.All bronze art panels to be manufactured and supplied by Angelo Garro.
All University Avenue concrete wails to receive bronze art panels as shown in the Bid Set
CDs.
All side street rails/newsracks to receive bronze art panels as shown in the Bid Set CDs.
Exact quantities of bronze art panels to be determined by Angelo Garro.
Bronze art panels shall be made available to the general contractor for pickup and
deliver" to the City of Palo Alto according to dates specified by the Construction
Schedule (to be determined). Any changes or delays to the dates specified by the
Construction Schedule must receive prior approval from City of Palo Alto, Public Works
Engineering.
o
All bronze art panels to be installed by the General Contractor (to be determined) under
the direct supervision of Angelo Garro.
Installation to be conducted and completed according to the dates specified within the
Construction Schedule (to be determined). Any changes or delays to the dates specified
by the Construction Schedule to be approved by the City of Palo Alto, Public Works
Engineering.
Attendance at various project meetings will be required. Attendees will typically include
city staff, general contractor (to be determined), representatives from Wa!lace Roberts &
Todd, and Benedikt Strebel. These meetings will include pre-construction meetings and
weekly progress meetings
9.Quote provided is inclusive of all miscellaneous charges including sales tax.
Schedule:
Fabrication of bronze art panels shall begin upon first do~vn payment (less retention) of project
cost and shall not exceed the 8 month production time stated in the Phase II price quotation dated
May 16, 1999. It is understood that time is of the essence in this project. The installation of the
bronze art panels shall be performed by the general contractor and shall follow the Construction
Schedule (to be determined).
PALO ALTO URBAN DESIGN
IMPLEMENTATION
PHASE II
AMENDED PAYMENT SCHEDULE for
Amendment to Artistic Metalwork contract #C9105179 between the City of Palo Alto and
Angelo Garro, dba Renaissance Forge
Total Cost:$206,016.09
10% Retention:$20,601.61
Balance:$185,414.48
First Do~n Payment: ½ material + 1/3 of total (minus material):
Material = $30,204.00
½ Material = $15,102.00
Total - Material = $206,016.09, $30,204.00 =
!/3 Total- Material = 1/3 ($175,812.09)=
Therefore,
First Down Payment = $15,102 + $58,604.03 =
Payment Per Intersection Completed:
Amount remaining to be paid: $185,414.48 - $73,706.03 =
University & Cowper
University & Waverly
University & Bryant
University & Emerson
$175,812.09
$58,604.03
1/4 x $111,708.45 = $27,927.11
!/4 x $111,708.45 = $27,927.11
1/4 x $.111,708.45 = $27,927.11
1/4 x $111,708.45 = $27,927.12
Subtotal: $111,708.45
Retention (released approximately 45 days after project acceptance):
$73,706.03
$111,708.45
$20,601.61
Grand Total: $206,016.09