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HomeMy WebLinkAboutStaff Report 324-09TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: JULY 27, 2009 CMR:324:09 REPORT TYPE: CONSENT SUBJECT: Approval of Contract with Barry Swenson Builder in the Total Amount not to Exceed $1,365,988 for the College Terrace Library and Child Care Center Seismic Upgrade and Rehabilitation Project and Approval of Amendment No.2 to Contract C07117374 with The KPA Group, Inc. to Add $108,940 for a Total Not to Exceed Amount of $429,336 for Construction Administration Services for the College Terrace Library Seismic Upgrade and Rehabilitation Project -Capital Improvement Program Project PE-05010 EXECUTIVE SUMMARY Staff recommends that Council approve the attached contract for the rehabilitation of the College Terrace Library and a contract amendment for construction oversight services. College Terrace is one of five libraries identified for improvements by the Library Service Model Analysis and Recommendations (LSMAR). The College Terrace Library rehabilitation was not included in the Measure N Bond measure, therefore improvement costs will be provided through General Fund monies. Due to the low bid prices, some of the Capital Improvement Program (CIP) monies will be returned to the Infrastructure Reserve at the midyear budget. RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute a contract (Attachment A) with Barry Swenson Builder in the amount of $1,365,988 for construction of improvements at the College Terrace Library and Child Care Center (College Terrace Library). The amount of$I,365,988 includes a base bid of $1,301,490. plus $64,498 for add alternates. 2. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Barry Swenson Builder for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $341,497. 3. Approve and authorize the City Manager or his designee to execute Amendment No.2 (Attachment C) to the contract C07117374 with The KPA Group, Inc., to add $86,940 for Page 1 5 construction administration services, including increased structural engineer and historic architect oversight and $22,000 for related, additional but unforeseen work which may develop during the project, for a total additional amount not to exceed $108,940 and a total contract amount not to exceed $429,336. BACKGROUND The College Terrace Library was constructed in 1936. The building square footage is approximately 4,860 square feet. The main portion of the building is used as a public library while the south wing is leased to a childcare center. The building was originally classified as a Category 4 (some historical significance) historical structure in the City's historical building inventory. The College Terrace Library and Childcare center was identified in the 1996 Adamson Report as needing upgrades to all major building components such as heating, air conditioning, roofing, and electrical systems. In addition to replacing these components, the building will be seismically reinforced and the restrooms will be updated to comply with the Americans with Disabilities Act (ADA) accessibility guidelines. Interior spaces will be reconfigured for accessibility and greater functionality. The adjacent Mayfield Park will also be upgraded with new trees, sod, and park furniture, including a table and bench that will be made from portions of a eucalyptus tree that was removed earlier in the project. The Historic Resources Board reviewed and approved the improvements to both the building and to the park. On February 5, 2007, Council approved a contract with The KPA Group, Inc. for architectural and engineering design services for the College Terrace Library seismic upgrade and rehabilitation project (CMR: 110:07). On January 26, 2009, Council approved an agreement with Nova Partners for construction management services (CMR:119:09) in order to supplement existing staffing levels. An Historic Structures Report (HSR) was prepared for the building which analyzed the character-defining features for relative historic importance. On January 21, 2009, using the information provided by the HSR, the HRB recommended a reclassification of the building to Category 2, "major building," in the City's historic building inventory. This action was later approved by Council on April 7, 2009 (CMR:192:08). The building is now subject to maintenance regulations for historic structures· as set forth in the Palo Alto Municipal Code Section 16.49.080 and must comply with Secretary ofInterior Standards for Rehabilitation. The Transfer of Development Rights (TDR) program allows the City to sell the 2,500 square foot bonus floor area of Category 2 historic buildings. The sale of TDR for the 2,500 square foot bonus area of the Palo Alto Children's Library in March 2006 generated approximately $237,500 ($95 per square foot), which the City used to partially fund construction of the Children's Library. Given the current economic climate, however, that amount would likely be less for the College Terrace Library. As a result, the TDR for the 2,500 square foot bonus area of the College Terrace Library TDRs may be sold at a later date. Page 2 DISCUSSION Project Description During construction, the library will be closed to the public and most staff shifted to other libraries. To help offset the impact of the closure, the hours at the Downtown and Mitchell Park libraries have been expanded by four hours each per week. A trailer will be placed on a nearby vacant lot to serve as a temporary child care center for the duration of construction, which is estimated to be one year. Bid Process Given the size, complexity, and location of the project, staff wanted to ensure that any contractor selected would be capable of completing the project in a high quality and timely fashion. In March 2009, a Request for Prequalification of Bidders was advertised and posted at local Builders' Exchanges. Any contractor who intended to submit a bid was required to complete a questionnaire that presented the company's financial status, ability to obtain bonding and experience on similar structures. Sixteen companies submitted information and twelve were determined to be qualified to submit construction bids. A notice inviting formal bids (lFB) for the College Terrace Library project was sent to twelve prequalified contractors. The bidding period was 42 days. Bids were received from five contractors on June 23, 2009, as listed on the attached bid summary (Attachment B). Bids ranged from a total low bid of$I,365,988 to a high of$I,453,835. Summruy of Bid Process Bid NamefNumber IFB 124683 College Terrace Library improvements Proposed Length of Project 12 months Number of Bids Mailed to 17 (including sub-contractors and suppliers) Contractors Number of Bids Mailed to Builder's 11 Exchanges Total Days to Respond to Bid 42 Pre-Bid Meeting? Yes Number of Company Attendees at 18 Pre-Bid Meeting Number of Bids Received: 5 Bid Price Range * I Low of $1,365,988 to a high of $1 ,453,835 *Bid summary provided in Attachment B Staff has reviewed all bids submitted and recommends that the bid of $1,365,988 submitted by Barry Swenson Builder be accepted and that Barry Swenson Builder be declared the lowest responsible bidder. The bid is 42 percent below the engineer's estimate of $2,350,812. The low bids for this project can largely be attributed to the current significantly depressed economic conditions, which are highly conducive to competitive bidding. The engineer's estimate of $2,356,312 prepared by The KPA Group before the project was advertised for construction bids turned out to be overly conservative. It was, nevertheless, based on their observations of the construction climate since the economy took a significant downturn in the fall of 2008. Staff CMR:324:09 Page 3 of5 believes that it is the uncertainty of the current market and the willingness of contractors to work at or near cost that contributed to the differential between the engineer's estimate and the bids. A contingency amount of 25 percent is requested because of the complexity of the seismic retrofit portion of the work. An additional factor is that staff has recently experienced work on older buildings that have had significant amounts of dry rot, termite and rodent damage uncovered during construction. In addition, and possibly more significantly, this competitive bidding climate has created an environment wherein contractors submit bids with little or no profit or contingency in an effort to simply secure work to keep their crews employed and stay in business. Given the reality of the current bidding environment, staff believes that it is prudent to provide adequate resources to deal with the contract and construction issues that will likely arise, so as to avoid delaying the project and incurring even greater costs. The additional funds requested represent only one-third of the low-bid savings below the project cost estimate. Staff confirmed with the Contractor's State License Board that the contractor has an active license on file. Staff checked references supplied by the contractor for previous work performed and found no major complaints. Consultant Contract Amendment Amendment No.2 to the contract with The KPA group will provide for general construction administration oversight during the construction phase. It will also provide for greater involvement of the structural engineer during the seismic retrofit phase as well as increased oversight by an historic architect. Staff is requesting an Additional Services fee equal to 25 percent of the total Amendment amount in anticipation of possible increased involvement by the architect due to the complexity of the project combined with the competitive bidding environment. RESOURCE IMPACT Funding for the construction contract with Barry Swenson Builder and for construction administration by The KP A Group is included in Capital Improvement Program project PE- 05010. Based on the low construction bids, $1.4 million of the CIP budget will not be needed for construction and will be returned to the Infrastructure Reserve at midyear. The excess appropriation may be used to provide resources for the upcoming construction of temporary facilities for the Mitchell Park Library and Community Center and the Downtown Library (the auditorium of the Cubberley Community Center is currently designated) or fund other Council priority capital projects or Council priorities. The library is also eligible for the sale of Transfer of Development Rights. TDR sold as part of the Palo Alto Children's Library in March 2006 generated approximately $237,500. That amount would likely be less for the College Terrace Library given the current economic climate, so staff is recommending sale at some point in the future, after construction is complete and when economic conditions improve. CMR:324:09 Page 4 of5 POLICY IMPLICATIONS Approval of this contract is consistent with City policies and with prior Council priorities for library improvements. TIMELINE Construction will start shortly after contract approval and is anticipated to be complete within approximately one year. ENVIRONMENTAL REVIEW The design of the improvements is in compliance with the Secretary of the Interior standards for treatment of historic properties. The maintenance, seismic upgrade, repairs and rehabilitation are exempt from the California Environmental Quality Act (CEQA), under CEQA guidelines Section 15331. ATTACHMENTS Attachment A: Construction Contract Attachment B: Bid Summary Attachment C: Amendment No.2 Contract C07117374 with The KP A Group, Inc. PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: CMR:324:09 /~-.---" KAREN BENGARD Senior Engineer ~ ..... &... I., (j..S/t G S. ROBERTs' Director of Pubic Works JAMES KEENE City Manager Page 5 of5 FORMAL CONTRACT (SAMPLE) CONTRACT No. C10131458 (Public Work) Public Works Department ATTACHMENT A SECTION 500 This Contract, number C10131458 dated ________ is entered into by and between the City of Palo Alto, a California Charter City ("City"), and Green Valley Corporation DBA: Barry Swenson Builder ("Contractor"). For and in consideration of the covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor ("the parties") agree: 1. Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. 2. General Scope of Project and Work. Contractor shall furnish labor, services, materials and eqUipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: Title of Project: College Terrace Library Seismic Upgrade and Rehabilitation, Invitation for Bids (IFB) Number 131458. Bid: $1,365,988.00 (One million three hundred sixty-five thousand nine hundred elghty-elght dollars) (Total includes Base Bid and all Add Alternate Bid items) 3. Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. a. This Contract. b. Invitation for Bid. c. Project Specifications. d. Drawings. e. Change Orders. f. Bid. g. Supplementary Conditions. h. General Conditions. I. City of Palo Alto, Dept. of. Public Works Standard Drawings and Specifications (most current version). j. Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. k. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (most current version). I. Any other document not expressly mentioned herein which is issued by City or entered into by the parties. 4. Compensation. In consideration of Contractor's performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor's Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (most current version), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor's invoices. 5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor's personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each CITY OF PALO ALTO CONTRACT C10131458 PAGE 1 OF 7 rev. 12100 FORMAL CONTRACT (SAMPLE) SECTION 500 for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16 of this Contract. 6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses. liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor's noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor's failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or 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. 339601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. 336901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. 332601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, 3325300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, 3325100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, 3325249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, 3325280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. 7. 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. 8. 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. 9. No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor's Work. The right of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance with the Contract requirements. 10. 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. 11. 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 Invitation for CITY OF PALO ALTO CONTRACTC10131458 PAGE20F7 rev. 12/00 FORMAL CONTRACT (SAMPLE) SECTION 500 Bid. 12. 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: a. Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; b. 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 filed, on the date that final payment is made hereunder; d. 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; f. 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 Invitation For Bid; g. 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; h. 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; . I. There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor's ability to perform under the Contract; j. 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; k. 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 I. Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. 13. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. 14. 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 requ ired by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. CITY OF PALO ALTO rev. 12100 CONTRACT C10131458 PAGE30F7 FORMAL CONTRACT (SAMPLE) SECTION 500 15. Audits by City. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor's Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. 16. 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: Copy to: To Contractor: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 City of Palo Alto Public Works Department Engineering Division 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Attn: Karen Bengard, Project Manager Green Valley Corporation DBA: Barry Swenson Builder 777 North 1st Street, 5th Floor San Jose, CA 95112 Attn: Steve Andrews 17. Appropriation of City Funds. This Contract is subjectto 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 17 shall control in the event of a conflict with any other provision of this Contract. 18. Miscellaneous. a. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor's bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. b. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. c. 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. d. Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto, Dept. of Public CITY OF PALO ALTO rev. 12/00 CONTRACT C10131458 PAGE 4 OF 7 FORMAL CONTRACT (SAMPLE) SECTION 500 Works Standard Drawings and Specifications (most current version) of this Contract are incorporated herein by reference. e. 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. f. 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. g. Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. h. 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. I. 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. j. 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 orto 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 with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. I. 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. m. 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. n. 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. p. Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose, California. The intent of the parties is that the mediation shall proceed in advance of litigation; however, if any party should commence litigation before the conclusion of mediation. such litigation. including discovery, shall be stayed pending completion of mediation, and by executing this Contract the parties stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule 1.15 or Rule 2- 3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of California, as such rules may be amended from time to time. The parties shall share the cost of the mediation, including the mediator's fee, equally. Any written agreement reached in mediation shall be enforceable pursuant to California Code of Civil Procedure § 664.6, as amended. CITY OF PALO ALTO rev. 12100 CONTRACT C10131458 PAGES OF7 FORMAL CONTRACT (SAMPLE) SECTION 500 q. Venue. Unless the parties mutually agree otheJWise, mediation shall take place in San Jose, Califomia. In the event that litigation is commenced by any party hereunder, the parties agree that such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California. r. Recovery of Costs. Each Party shall bear its own costs, including attorney's fees, through the completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure § 664.6. as amended, then the prevailing party in any subsequent litigation may recover its reasonable costs, including attorney's fees. incurred subsequent to conclusion of the mediation. s. Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase agreements which it enters into in connection with this Contract. and to require its subcontractors to include those provisions in any sub-contracts or major material purchase agreements. such that any mediation or litigation of any claim or dispute asserted by a subcontractor or major material supplier will be consolidated with any related claim or dispute between the Contractor and the City. Should the Contractor fail to do so. such that the City is required to defend an action brought by a subcontractor or material supplier inconsistent with the Alternative Dispute and Venue proviSions of this Contract, Contractor shall indemnify City for City's costs of defense, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto, County of Santa Clara. State of California on the date first stated above. APPROVED AS TO FORM: City Attorney APPROVED: Director of Public Works CITY OF PALO ALTO rev. 12100 CITY OF PALO ALTO City Manager CONTRACTOR: By:, ________________________________ __ Name: __________________ _ Title:, _________________ _ CONTRACT C10131458 PAGE60F7 FORMAL CONTRACT (SAMPLE) SECTION 500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code') 1189) STATE OF __________ _ COUNTY OF __________ . On ,before me, _______________ , 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(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature _________________ _ CITY OF PALO ALTO rev. 12100 CONTRACT C10131458 (Seal) PAGE 7 OF7 ATIACHMENT B BID SUMMARY PROJECT: COLLEGE TERRACE LIBRARY SEISMIC UPGRADE PROJECT CIP# PE-05010, IFB # 131458 BID OPENING DATE: JUNE 23, 2009 ~ I ~ == ATTACHMENT C CITY OF PALO ALTO CONTRACT NO. C07117374 AMENDMENT NO. 2 TO CONTRACT NO. C07117374 BETWEEN THE CITY OF PAr,o ALTO AND THE KPA GROUP This Amendment No.2 to contract No. C07117374 ("Contract") is entered into I 2009, by and between the CITY OF PALO ALTO, a Cali City (IICITyn), and The KPA Group I a corporation of the state of California with offices located at 300 Frank H. Ogawa Plaza, Suite 50, Oaklandl CA 94612 ("CONSULTANTII). R E CIT A L S: WHEREAS, the Contract was entered into between the parties for the provision of professional consulting services relating to the rehabilitation and seismic upgrade of College Terrace Library and Daycare Center {"Project")i and WHEREAS, the parties wish increase the scope of services construction; to amend the Contract to and compensation during NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 1, SCOPE OF SERVICES, is hereby amended to lowing: "The scope of services and deliverables constituting the Project ("Basic Services") will be performed, delivered or executed by CONSULTANT in accordance with the schedule and the requirements of Exhibits "A", "A-I" and "A-2" for additional scope of services./I SECTION 2. Section 4, NOT TO EXCEED COMPENSATIO~, is hereby amended to read as follows: "The compensation to be paid to CONSULTANT for performance of the Services described in Exhibits "A", "A-I" and "A-2", including both payment for professional services and reimbursable expenses, shall not exceed three hundred seventy-eight thousand two hundred nine dollars ($378,209.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed four hundred twenty-nine thousand three hundred thirty-six dollars ($429,336.00). The applicable rates and schedule of payment are set out in Exhibits "C", "C-l" and "C 2, entitled "COMPENSATION," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibits "C" I "C-l/l and "C-2. 1 S:ATT/USERS/OFFICE FORMS/City Approved Contracts 3/20/07 (REV) CITY OF PALO ALTO CONTRACT NO. C07II7374 CONSULTANT shall not receive any compensation for Additional Services performed without the .prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibits "A", "A-I" and "A-2"." SECTION 3. The following exhibit(s) to the Contract are hereby set forth asattachment(s) to this Amendment, which are incorporated in full by this reference: EXHIBIT "A-2": ADDITIONAL SCOPE OF SERVICES EXHIBIT "C-2": COMPENSATION 2 S,ATT/USERS/OFFICE FORMS/City Approved Contracts 3/20/07 (REV) CITY OF PALO ALTO CONTRACT NO. C07117374 SECTION 4. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF I the parties have by their duly authorized representatives executed this Amendment on the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney 3 S,ATT/USERS/OFFICE FORMS/City Approved Contracts J /20/07 (REV) Attachment \'A-2t1 COLLEGE TERRACE LIBRARY SEISMIC UPGRADE AND REHABILITATION Contract C07117374 Amendment #2 Project Description The project is the seismic upgrade and rehabilitation of the College Terrace Library building" located at 2300 Wellesley Avenue. During the design of the College Terrace Library improvements, it was determined that less visible seismic support systems would be needed to protect the historical integrity of the College Terrace Library. These improvements were reviewed and approved by the Historic Resources Board. The increased complexity of the design, however, will require closer coordination and oversight by theKPA Group (Consultant) and their sub-consultants than was originally anticipated. SCOPE OF SERVICES Construction Administration -Historioal Architect Oversight: Consultant shall provide the services of Garavalgia Architecture in order to ensure that the historical fabric is not compromised. Services shall include: • Assessment of original shelving and woodwork finishes impacted by the renovation and identification of appropriate treatment for refinishing, • Assessment of original plaster wall and ceiling finishes impacted by renovation and recommendation of appropriate treatment methods for refinishing, • Assessment of original exterior stucco wall finishes impacted by renovation and recommendation of appropriate treatment methods for re-installation and replacement of bricks, • On-site consultation with contractor and crew identifying significant character-defining features of building and discussion of protective measures of features, • Attendance at appropriate intervals during construction to determine if the work is proceeding in general accordance with the plans and specifications, including compliance with the Secretary of the Interior1s Standards for Rehabilitation of Historic Structures. City of Palo Alto -Contract C07117374 Amendment Two Page 1 of 2 Attachment "A-2" Mechanical Electl.~ical Pluxnbing Engineering: Attend meetings at appropriate intervals during construction to determine if the work is proceeding in general accordance with the plans and specifications, and that there is no conflict with the seismic work. Architectural/Structural Engineering Services: Additional attendance at appropriate intervals to determine if the work is proceeding in general accordance with the plans and specifications, to include increased oversight services of the design Structural Engineer during the fabrication and installation of the steel moment frame. Reimburseables: Reimburseables include, but not limited to, travel, copying expenses, and overnight delivery services. Additional Services: Additional services are subject to prior written approval from the City's Project Manager. Additional Services shall include, but not limited to, additional construction oversig~t,meetings and or consultation with the contractor. END OF SCOPE City of Palo Alto Contract C07117374 Amendment Two Page 2 of 2 EXHIBIT "C-2" COMPENSATION -AMENDMENT TWO Task Description Not to Exceed Compensation Basis • Garavaglia Architecture: Attendance at appropriate intervals during construction to determine if the work is proceeding in general accordance with the plans and specifications, including compliance with the Secretary of the Interior's Standards for Rehabilitation of Historic Structurers. Garavaglia total: Glumac Mechanical and Electrical Engineering additional attendance at appropriate intervals during construction due to increased design complexity. Glumac total: The KPA Group: Architect and Structural Engineering additional 'attendance at appropriate intervals during construction due to increased design complexity. Prepare site visit reports based on site observations. Consultant coordination (10%) Reimbursables The KPA Group total: Sub-total Additional Services Additional Services (Not to Exceed) Maximum Total Compensation -Amendment Two $7,900 Lump Sum $2,500 Lump Sum $62,100 Lump Sum $8,900 Lump Sum $1,040 Lump Sum $4,500 Lump Sum $76,540 Lump Sum $86,940 $22,000 $108,940 City of Palo Alto -Contract C07117374 Amendment Two Page 1 of 1