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HomeMy WebLinkAboutStaff Report 393-06City of Palo Alto City Manager’s Report TO:HONORABLE CITY_ COUNCIL FROM:Ch’[~ MANAGER DEPARTMENT: PUBLIC WORKS DATE:OCTOBER 16, 2006 CMR:393:06 SUBJECT:APPROVAL OF,A BUDGET AMENDMENT ORDINANCE FOR $157,892; APPROVAL OF A CONTRACT WITH PAGE CONSTRUCTION COMPANY IN THE AMOUNT OF $269,300 FOR PALO ALTO MAIN LIBRARY SPACE RECONFIGURATION - CAPITAL IMPROVEMENT PROGRAM PROJECT PE-05002 RECOMMENDATION Staffrecommends that Council: Approve a Budget Amendment Ordinance (BAO) for $157,892 to increase Capital Improvement Project (CIP) PE-05002, Palo Alto Main Library Space Reconfiguration (Attachment A); and Approve and authorize the City Manager or his designee to execute the attached contract with Page Construction Company for the base project and Bid Alternates 1, 2 and 3, in the amount of $269,300 (Attachment B) for Palo Alto Main Library Space Reconfiguration, Capital Improvement Program (CIP) Project PE-05002; and - Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Page Construction Company for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $26,930. BACKGROUND On February 15, 2005, as part of the 2004-05 mid-year budget, Council approved C]:P project PE-05002 Main Library Space Reconfiguration in order to establish a limited youth services collection and program area and improve the public space usage and staff efficiency at the Main Library (CMR 150:05). The project goals would be accomplished by relocating the Technical Services (collections support) staff to the Downtown Library, reducing the size of the circulation and reference desks, and moving the book return and check-in operations away from the public service desk to the staff workroom (CMR 152:05). Following the closure of the Children’s Library for renovation in December 2006, an area for children’s collections and programs was created at the Main Library by the temporary relocation of the current magazine and newspaper collections in that facility. As part of the CIP project, a new area for the current periodicals would be created by expanding the room holding media collections into a part of the staff workroom and moving the DVD and music collections into space freed up by making the circulation service desk smaller. CMR:393:06 Page 1 of 5 3 After staff from the City’s Information Technology (IT) Division were relocated from the Downtown Library to 300 Hamilton Avenue in August 2005, a portion of the Downtown Library was remodeled and reconfigured to accommodate eleven Technical Services staff members moved from the Main Library to make room for the reconfiguration discussed above. This work was completed in July 2006, and the Technical Services unit is now in full operation at the Downtown Library. The Main Library is now ready for the planned space reconfiguration. Due to the increased use of self-service checkout for books and media., the circulation desk at Main will be down-sized. To reduce staff injuries and improve efficiency, the processing of book returns will be moved off-desk imo an ergonomically designed space in the staff workroom. Use of floor space close to public entrances will be converted to better support express checkout stations, shelving for popular collections, and displays, The reference desk will also be resized to impro-ve traffic flow through the public area. A new room for current periodicals will be created by using some of the staff space formerly housing the Technical Services staff. Although the Children’s Library is scheduled to re-open in 2007, a small children’s and improved teen area will remain at the Main Library, per the recommendations of the Library Advisory Commission in its draft Library. Services Model Analysis and Recommendations report. DISCUSSION Project Description The work to be performed under the contract will provide an enlarged periodical room and. public area by reconfiguring staff space, as well as areas of the existing reference and circulation desks. The wall separating the periodical room and the staff area will be demolished and pushed back to provide larger public space. The existing check-in operati.ons and desk will be relocated to the existing conference room and manager’s office area in the staff area. New and more efficient Americans with Disabilities Act (ADA) compliant circulation and reference desks will make room for a public display area. The men and women’s public restrooms wilt be upgraded to meet current building codes and accessibility requirements. The staff area will be reconfigured to accommodate the changes made with the relocation of the check-in function, relocation of the manager’s office and enlargement oft he periodical room. The work for the project was divided into a base bid and three add alternates. The base bid item includes all work within the staff area and ADA public restrooms. Add Alternate #1 involves removing the existing reference desk and providing space for a new reference desk which will be provided by a cabinet maker under a separate contract. Add Alternate #2 is the additional cost to relocate a drinking fountain to a location behind the staircase wall in the public area where it will not impede circulation and can be made ADA compliant. Add Alternate #3 will provide for the removal of the existing circulation and check-out desk, carpet replacement, addition of display shelving near the south door and installation Of electrical, phone and data lines. Staff recommends approval of all add alternates in order to maximize the available space and provide for improved circulation and display space. CMR:393:06 Page 2 of 5 A notice inviting formal bids for the project was posted at City Hall and sent to nine contractors and eleven builder’s exchanges on July 27, 2006. The bidding period was 26 days and a pre-bid meeting was. held on August 8, 2006 at the Main Library. Bids were received from two contractors on August 22, 2006. The bids, including allu~ ~e add alternates, ranged from a low of $269,300 to a high bid of $315,381. Bid Name/Number ’ ’ Proposed Length of Project Number of Bids Mailed to Contractors Number of Bids Mailed to Builder’s Exchanges Total Days to Respond to Bid Pre-Bid Meeting? Number of Company Attendees at Pre-Bid Meeting Number of *Bids Received: Summary of Bid Process Palo Alto Main Library Space Reconfiguration Project IFB #118616 Complete within 60 calendar days 9 11 26 Yes 7 Bid Price Range [ From a low of $269,300 to a high of $315,381 *The Bid Summary is shown in Attachment C. The Certification of Nondiscrimination is Attachment D. Staff has reviewed all bids submitted and recommends that the bid of $269,300 submitted by Page Construction Company be accepted and that Page Construction Company be declared the lowest responsible bidder. The bid, including all three add alternates, is 22% above the architect’s estimate of $220,129. ~. 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 significant complaints. RESOURCE IMPACT . Existing funds for the CIP Project No. PE-05002 came from the 2004’05 Library Operating Budget, transfers from the Infrastructure Reserve and remaining Library Automation CIP budget. The attached BAO requests an additional appropriation of revenues and expenses in the amount of $157,892 for CIP project PE-05002. Funding will come from a transfer of $22,794 from CIP LB-94018, Library Automation and a drawdown of $135,098 from the Capital Project Fund Infrastructure Reserve (IR) balance. The last year of planned funding for Capital Improvement Project OS-0700 "Foothills Park Road Improvements", ($125,000) will be eliminated to provide most of the additional IR funds needed for the Main Library project. A study is currently underway that will evaluate the program needs and space requirements of the Mitchell Park Library (CMR:346:06). The study will also evaluate any potential future reconfigurations or other accommodations that would need to be made at the Downtown or Main libraries should services or staff be relocated to an expanded Mitche!! Park Library Given that CMR:393:06 Page 3 of 5 the timeline to construct or remodel at the Mitchell Park library, if approved, is many years away, staffbelieves that the improvements at Main.should proceed as planned. The project budget for this CIP is $352,392 of which $57,098 was spent on consultants for design work ~d $68,456 for improving 300 Hamilton and Downtown Library due to staff relocations. Approximately $86,000 needs to be set aside for workstation installation, fabrication of circulation and reference desks, inspection and building permit costs. A summary of project costs is as follows: Project Budget, CIP PE-05002 $352,392 Design Fee (Mock-Wallace Architects)-$ 57,O98 Downtown Library Improvements -$ 68,456 Main Library Workstations, Desks, Permits -$ 86,000 Allowance for testing, permits, copying $ -2,500 Remaining Balance $138,338 Construction Bid -$269,3OO Construction Contingency -$ 26,930 Funding Shortfall $157,892 POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. TIMELINE Staff met with Main Library personnel to discuss the construction schedule. The work is expected to begin in November 2006 and last 60 calendar days. The staff area will be completed first, then the ADA public restrooms, and lastly the public area. The Main Library operation will remain open during the majority of construction with the potential of limited closures when needed to insure the safety of library customers using the building. ENVIRONlVIENTAL REVIEW This project is exempt from the provisions of the California Environmental Quality Act and no further environmental review is required. ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Budget Amendment Ordinance CIP Page Contract Bid Summary Certificate of Nondiscrimination CMR:393:06 Page 4 of 5 PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: KAREN BENGARD GLENN S. ROBERTS Director of Pu Assistant City Manager CMR:393:06 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 2006-07 TO PROVIDE ADDITIONAL APPROPRIATION TO CAPITAL IMPROVEMENT PROGRAM (CIP) PE-05002, PALO ALTO MAIN LIBRARY SPACE RECONFIGURATION OF $157,892 The Council of the City of Palo Alto does ordain as follows:~ SECTION i. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 12, 2006 did adopt a budget for fiscal year 2006-07; and B. In fiscal year 2004-05, the Council did adopt a budget for CIP Project PE-05002, Main Library Space Reconfiguration (Project), with an initial appropriation of $352,392; and C. From fiscal year 2004-05 through to date, expenses related to the Project were incurred and the Project is estimated to have a remaining balance of $138,338 for the construction cost of the Project; and D. This project was put out to bid;~the low bid is higher than the balance available from the Project and additional funding of $157,892 is required to construct the Project; and E. The total additional appropriation of $157,892 for this project will be funded by a transfer of appropriation from CIP Project LB-94018, Library Automation of $22,794; and by a drawdown from the Capital Project Fund Infrastructure Reserve of $135,098; and F. City Council authorization is needed to amend the 2006-07 budget to make available the funds required for construction of CIP Project PE-05002, Main Library Space Reconfiguration. SECTION 2. The sum of One Hundred Fifty Seven Thousand Eight Hundred Ninety Two Dollars ($157,892) is hereby appropriated to CIP Project PE-05002, Main Library Space Reconfiguration. SECTION 3. The appropriation of CIP Project LB-94018, Library Automation is hereby reduced by Twenty Two Thousand Seven Hundred Ninety Four Dollars ($22,794). SECTION 4. The Capita! Project Fund Infrastructure Reserve is hereby decreased by One Hundred Thirty Five Thousand Ninety Eight Dollars ($135,098) with a remaining balance of Ten Million Five Hundred Forty One Thousand Nine Hundred Two Dollars ($10,541,902) as shown in Exhibit A. SECTION 5. 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 6. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 7. The Council of the City of Palo Alto hereby finds that this project is exempt from the provisions of the California Environmental Quality Act, and therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Mayor City Manager Director of Public Works Department Director of Administrative Services EXHIBIT A Balance - July 1, 2006 06-07 Net change to reserve -adopted budget 2006-07 Projected Ending Balance Before BAOs Less: Additional Appropriation PE-05002 Main Library Space Reconfiguration $17,731,000 ($7,054,000) $10,677,000 ($135,098) Reserve Balance After BAO’s $10,541,902 ATTACHMENT B Main Library Space Reconfiguration (PE-05002) Infrastructure: Buildings and Facilities PROJECT DESCRIPTION This project will establish a limited youth services collection and program area at the Main Library by relocating the collections support staff to the Downtown Library. The circulation desk will be reconfigured to provide more public use space for self-service holds, express checkout stations, displays and browsing collections. The processing of book returns will be moved off-desk into the staff room. PROJECT JUSTIFICATION The Children’s Library will be closed in July 2005 for two years while under construction. To maintain library service to youth, a portion of Children’ s collection and staff will be relocated to Main Library. A small teen space at Main will be redesigned to further enhance service to youth. Needed square footage will be gained by relocating all collections support staff from Main to Downtown Library. Some staff office area at Main will be converted to public use space. To meet the goal of increasing the use of self-service checkout of books and media, the circulation desk at Main will be rebuilt to enable customers to handle their own transactions. Use of floor space close to public entrances will be con- verted to support express checkout stations, shelving for popular collections, and displays. To reduce staff injuries and improve efficiency, the processing of book returns will be moved off-desk into an ergonomically designed space in the staff workroom. PROJECT STATUS This project is estimated be completed in the 4th quarter of FY 2006-07. FUTURE FINANCIAL REQUIREMENTS FISCAL YEAR 2004-05 2005-06 2006-07 2007-08 2008-09 AMOUNT $352,392 157,892 COMPONENTS Design and construction Construction Sources of Funding: Transfer from remaining Library Automation CIP LB-94018: $162,794; Library 04-05 Operating Budget: $36,392 ($20,392 from 84030001-3125 and $16,000 from 84050001-3125); Transfer from Infrastructure Reserve: $311,038. 2004-05 Budget CiO, qf Palo Alto 1 IMPACT AND SUPPORT ANALYSIS Environmental: Design Elements: Operating: Telecommunications: This project is categorically exempt under CEQA Section 15301. The exterior changes are subject to ARB review. None None COMPREHENSIVE PLAN This project furthers Policy C-24 and Program C-19 of the Comprehensive Plan. Managing Department: Public Works 2 City of Palo Alto 2004-05 Budget Attachment C FORMAL CONTRACT CONTRACT No. C07118616 (Public Work) Public Works Department SECTION 500 This Contract, number C07118616 dated is entered into by and between the City of Palo Alto, a California chartered city ("City"), and Page Construction Company ("Contractor"). For and in consideration of the covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor ("the parties") agree: Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if 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. General Scope of Proiect 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:Palo Alto Main Library Space Reconfiguration, Invitation for Bid (IFB) Number 118616. Bid:(Two Hundred Sixty-nine Thousand Three Hundred Dollars) 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.j. k. City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. 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 (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. CITY OF rev. 12/00 Compensation. In consideration of Contractor’s performance of its obligations hereLJnder, 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 (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Inv!tation 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 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 PALO ALTO CONTRACT C07118616 PAGE 1 OF 7 FORMAL CONTRACT Contract. 10. SECTION 500 11. 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. ~9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. ~6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. 9~2601-2692, as amended); the Carpenter-Prestey-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. 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. 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. 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. 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. 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 Bid. CITY OF PALO ALTO CONTRACT C07118616 PAGE 2 OF 7rev. "12/00 FORMAL CONTRACT SECTION 500 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 andWork, Contractor represents and warrants: 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; do go 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; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. 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 Invitation For Bid; 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 Contracto-rand City which would materially affect Contractor’s ability to perform under the 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 13. 14. Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. Assi.qnment 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. 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. 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 CITY OF PALO ALTO CONTRACT C07118616 PAGE 3 OF 7rev. 12/00 FORMAL CONTRACT SECTION 500 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:City of Pale Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Pale Alto, CA 94303 Copy to:City of Pale Alto Public Works Department Engineering Division P.O. Box 10250 Pale Alto, CA 94303 To Contractor: Attn: Karen Bengard, Project Manager Page Construction Company P.O. Box 705 Novato, CA 94948 17. 18. Attn: Gregory A. Babcock Appropriation of City Funds. This Contract is subject to the fiscal proy.isions of Article III, Section 12 of the Charter of the City of Pale 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. 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 of Pale Alto, Dept. of Public Works Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a CITY OF PALe ALTO CONTRACT C07118616 PAGE 4 OF 7rev. 12/00 FORMAL CONTRACT superior governmental authority. SECTION 5O0 Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time,, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. Integration. This Contract and any amendments 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. ko Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any 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. 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. po 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. Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, California. 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. CITY OF PALO ALTO rev. 12/00 CONTRACT C07118616 PAGE 5 OF 7 FORMAL CONTRACT SECTION 500 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. 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 ASTO FORM:CITY OF PALO ALTO Senior Assistant City Attorney Assistant City Manager APPROVED:CONTRACTOR: Director of Administrative Services Director of Public Works By: Name: Title: By: Name: Title: (Compliance with California Corporations Code 9 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) CITY OF PALO ALTO CONTRACT C07118616 PAGE 6 OF 7rev. 12/00 FORMAL CONTRACT SECTION 5OO 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 (Seal) CITY OF PALO ALTO rev. 12/00 CONTRACT C07118616 PAGE7 OF7 BID SUMMARY Attac~ent D INVITATION FOR BID:118616 TITLE:PALO ALTO MAIN LIBRAl~Y SPACE RECONFIGURATION List of Bidders Universal Building Systems Page Construction Base Bid Total $230. 707.00 $254,000100 Alternate #1 Alternate #2 ! Alternate #31 $7,504.00 $11,592.00 $65,578.00 $2,500.00 $7,100.00 " $5,700.00 Grand TotalI$315,381.00 $269,3oo.oo " Attachment E CERTIFICATION OF NONDISCRIMINATION FORM 410 PROJECT: PaiD Alto Main Library Space Reconfiquration Certification of Nondiscrimination: As suppliers of goods and/or services to the City of PaiD Alto in excess of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of this contract they will not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, madtal status, familial status, weight or height of such person; and further certify that they are in compliance with all Federal, Slate and local directives and executive orders regarding nondiscrimination in employment. Firm:PAGE CONSTRUCTION COMPANY DATE:AUGUST 22, Title of Officer Signing~PRESIDENT 2006 CITY OF PALO ALTO IFB 118616 PAGE 1 OF 1